Chess Tempo服务条款

请注意，服务条款仅以英语提供，您有责任在同意之前理解本文档。（中文不做翻译）

The gist:

Chess Tempo runs a chess website and we would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features. We encourage you to express yourself freely, however, be responsible in how you communicate on the site. In particular, make sure that none of the prohibited items listed below appear in your comments, posts and other communications. If you find any content that you believe violates our terms of service, please contact us via the details on the contacts page.

Terms of Service:

The following terms and conditions govern all use of the Chess Tempo website and all content, services and products available at or through the website, including, but not limited to, the Chess Tempo Premium subscriptions ("Premium Subscriptions"), (taken together, the Website). The Website is owned and operated by Chess Tempo. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Chess Tempo’s Privacy Policy) and procedures that may be published from time to time on this Site by Chess Tempo (collectively, the "Agreement"). The privacy policy can be found at https://chesstempo.com/privacy.html

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Chess Tempo, acceptance is expressly limited to these terms.

1. Your Chess Tempo Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You agree to use only one account on the Website and not to share that account with others. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Chess Tempo may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Chess Tempo liability. You must immediately notify Chess Tempo of any unauthorized uses of your account or any other breaches of security. Chess Tempo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you comment on the site, post material to the Website, post links to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • any Content you make available is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
   • your content is not presented in a manner that misleads your readers into thinking that you are another person or company. For example, your username is not the name of a real person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Chess Tempo or otherwise.
   
   By submitting Content to the Chess Tempo Website, you grant Chess Tempo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. An example of such usage would be the publication of a book or article containing a collection of tactical problems and the user comments and quality ratings associated with them.
3. Without limiting any of those representations or warranties, Chess Tempo has the right (though not the obligation) to, in Chess Tempo’s sole discretion (i) refuse or remove any content that, in Chess Tempo’s reasonable opinion, violates any Chess Tempo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Chess Tempo’s sole discretion. Chess Tempo will have no obligation to provide a refund of any amounts previously paid.
4. Limitations of use. You agree not to use any form of outside assistance during activities that involve a rating or ranking of users on the Website. This assistance includes , but is not limited to, computer chess engines or other analysis tools, other chess websites, other people, chess tablebases, chess databases and chess books or other printed material related to chess. You also agree not to attempt to bulk download material provided on ChessTempo, such as the ChessTempo problems, or to engage in other types of screen scraping. 在使用本网站时发送给用户的诸如引擎评估、统计数据或任何其他数据等信息仅供个人使用，并归Chess Tempo所有。因此，未经Chess Tempo的直接许可，这些数据不能用于生产其他产品和服务（商业或非商业）。 如果您打算使用ChessTempo获得的任何数据，或将ChessTempo的功能和服务用于商业目的，您必须在此之前向ChessTempo申请许可。商业用途可能需要支付许可费用，这将根据具体情况决定。如果您没有直接与ChessTempo达成协议，您同意向ChessTempo提供您使用ChessTempo数据或服务所产生的100%收入。
5. Fees and Payment. Optional premium paid services are available on the Website. By selecting a premium service you agree to pay Chess Tempo the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
6. Premium Subscriptions.
   • Fees; Payment. By signing up for a Premium Subscription account you agree to pay Chess Tempo the relevent fees indicated at http://chesstempo.com/memberships.html in exchange for the services listed at http://chesstempo.com/memberships.html. Applicable fees will be invoiced starting from the day your Premium Subscription is established and in advance of using such services. Chess Tempo reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Monthly or Yearly Premium Subscriptions can be canceled by you at anytime before the next subscription payment is due, however no refund will be made on the unused portion of the subscription.
7. Responsibility of Website Visitors. Chess Tempo has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Chess Tempo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Chess Tempo disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
8. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Chess Tempo links, and that link to Chess Tempo. Chess Tempo does not have any control over those non-Chess Tempo websites and webpages, and is not responsible for their contents or their use. By linking to a non-Chess Tempo website or webpage, Chess Tempo does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Chess Tempo disclaims any responsibility for any harm resulting from your use of non-Chess Tempo websites and webpages.
9. Copyright Infringement. As Chess Tempo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Chess Tempo violates your copyright, you are encouraged to notify Chess Tempo in accordance with Chess Tempo’s Copyright Policy. Chess Tempo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Chess Tempo or others, Chess Tempo may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Chess Tempo will have no obligation to provide a refund of any amounts previously paid to Chess Tempo.
10. Intellectual Property. This Agreement does not transfer from Chess Tempo to you any Chess Tempo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Chess Tempo. Chess Tempo, ChessTempo, ChessTempo.com, the Chess Tempo logo, and all other trademarks, service marks, graphics and logos used in connection with Chess Tempo, or the Website are trademarks or registered trademarks of Chess Tempo or Chess Tempo’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Chess Tempo or third-party trademarks.
11. 数字内容。通过Chess Tempo提供给您的任何数字内容（例如书籍或视频内容）仍归原作者/出版商所有。您同意此类内容仅可在Chess Tempo的平台上使用，且不会以任何形式与他人共享或分发此类内容。
12. Changes. Chess Tempo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Changes will be clearly announced on the Chess Tempo website and forum. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Chess Tempo may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
13. Termination. Chess Tempo may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Chess Tempo account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Subscription account, such account can only be terminated by Chess Tempo if you materially breach this Agreement; provided that, Chess Tempo can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties. The Website is provided “as is”. Chess Tempo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Chess Tempo nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Infringement of agreement and right to erasure. If you have infringed the terms of this agreement, in order to protect the legitimate interests of Chess Tempo and its users, you will forgo your right to erasure of personal data where such erasure would make it difficult to prevent ongoing future infringements.
16. Limitation of Liability. In no event will Chess Tempo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Chess Tempo under this agreement during the twelve (12) month period prior to the cause of action. Chess Tempo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Chess Tempo Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
18. Indemnification. You agree to indemnify and hold harmless Chess Tempo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
19. Miscellaneous. This Agreement constitutes the entire agreement between Chess Tempo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Chess Tempo, or by the posting by Chess Tempo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Australia., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Australia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Chess Tempo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.