Terms & Conditions
chessengeria.eu is an online entertainment and information service.
1. About chessengeria.eu
1. chessengeria.eu is an online entertainment and information service operated and owned by Dariusz Domagala.
2. These terms and conditions ("Terms") apply to all and any use of the web site available at chessengeria.eu and its Files and Content.
3. chessengeria.eu and references to chessengeria.eu include the Files and Content, which is made up of and includes:
1. any and all publications or other content produced by or for chessengeria.eu and made available for download from chessengeria.eu ("Produced Content”).
2. any and all articles, reviews, comments, postings, emails, messages and other content and communications uploaded, submitted, transmitted, posted or otherwise made available by third party users to or using chessengeria.eu or any message board or similar services run or made available on or through chessengeria.eu ("User Content").
4. By using chessengeria.eu you represent, undertake and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by these Terms.
5. If you do not accept or understand these Terms you should not use chessengeria.eu or any part of it. That includes without limitation by using, posting or accessing the Content.
6. If you are under the age of 18 or don't understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.
2. Accounts
1. You may be required to set up an account in order to use certain features of chessengeria.eu, including setting up a username and password.
2. Any username and password issued to you is personal to you, so that you can use and access chessengeria.eu.
3. You must not disclose your username and password to any third party without chessengeria’s prior written consent nor let anyone other than you use your account.
4. You are and shall remain responsible for maintaining the confidentiality of your username, password and account.
5. You are and shall remain responsible for all activities that occur using your username, password and account.
3. Use of chessengeria.eu
1. You MAY download and use chessengeria.eu and the Content on it solely for your private, non-commercial, personal use via the internet only.
2. chessengeria.eu grants you a non-exclusive, limited licence to download and use chessengeria.eu and the Content solely for your private, non-commercial, personal use only via the Internet.
3. These Terms and the rights granted by them do not grant you any title or ownership in chessengeria.eu or any Content and should not be construed as a sale or transfer of any copyright or other right.
4. You may not transfer, sub license or deal in these right without chessengeria’s prior written permission.
5. You agree not to:
1. use chessengeria.eu or any Content and Files for any commercial or business purpose;
2. include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any User Content;
3. use your access to chessengeria.eu, or information gathered from it, for the sending of unsolicited bulk email or any spam;
4. process or otherwise use the information contained on or within chessengeria.eu or any Content for any illegal or immoral purpose or use or process the same unfairly.
4. Intellectual Property Rights and chessengeria.eu and Content
1. By "Intellectual Property Rights" what I mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other like rights.
2. All Intellectual Property Rights in the chessengeria.eu web site design and software and all Produced Content belong to and vest in chessengeria.eu, or are licensed to chessengeria.eu unless otherwise specified. All such rights of chessengeria.eu are hereby asserted and reserved.
3. In respect of chessengeria.eu (including the Content) you shall not:
1. provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without chessengeria’s prior written permission;
2. display, publish, copy, print, post or otherwise use it and the information contained therein for the benefit of any third party or web site without chessengeria’s prior written consent;
3. hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of chessengeria.eu or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
4. remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
5. create software which mimics data or functionality in chessengeria.eu;
6. use or deal in it except as permitted by these Terms.
4. You agree to comply with the chessengeria.eu 'code of conduct' available at chessengeria.eu and all other applicable rules available on chessengeria.eu.
5. You must retain all copyright notices and other proprietary notices contained on chessengeria.eu and the Content.
6. All third party Intellectual Property Rights are the property of their respective owners and chessengeria.eu makes no warranty or representation in relation thereto.
5. Forum and User Content
1. chessengeria.eu is an entertainment and information service and ancillary to this chessengeria.eu is involved in the transmission, hosting, caching, storage, retrieval and dealing with User Content (including third party communications) without review, selection or alteration of their content - for which it is a mere conduit.
1. The views expressed in any User Content are the views of the individual authors and not those of chessengeria.eu unless specified otherwise by chessengeria.eu.
2. chessengeria.eu is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
3. By using chessengeria.eu you acknowledge that chessengeria.eu has no responsibility to review the content of any User Content and that all User Content is made available on the basis that chessengeria.eu is not required to and does not exercise any control or judgment concerning its content.
4. Notwithstanding the foregoing, chessengeria.eu shall be entitled to remove or reject any User Content and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place User Content on or through chessengeria.eu for any reason.
5. You agree and undertake that you will not upload, submit, transmit, post or otherwise place User Content nor make any communication or post to or transmit to chessengeria.eu any statement or material that:
1. is unlawful or which gives rise to civil or criminal liability;
2. promotes any illegal or unlawful activity;
3. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
4. includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
5. is abusive, pornographic, defamatory, discriminatory or obscene;
6. harasses any person;
7. markets or promotes any third party;
8. which seeks or attempts to make any arrangement to meet a child under the age of 18 or which may have such a meeting as its object or effect;
9. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
10. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
2. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. chessengeria.eu has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using chessengeria.eu and its services you accept that this is the case and accept that you therefore use chessengeria.eu at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
3. You will be responsible for any User Content that you upload, submit, transmit, post or otherwise place on or through chessengeria.eu and you accept that full responsibility and liability for that Content rests solely with you. chessengeria.eu shall have no liability in relation thereto.
4. By uploading, submitting, transmitting, posting or otherwise placing any User Content on or through chessengeria.eu you expressly agree and confirm that:
1. you are not a minor or else have your parent's or guardian's permission to do so on these Terms;
2. your User Content may be used on and in connection with chessengeria.eu;
3. your username may be advertised and used in connection with any User Content you submit or make available;
4. you grant to chessengeria.eu the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such User Content on and / or in connection with chessengeria.eu and to give all consents (if any) which chessengeria.eu requires including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only;
5. you agree that chessengeria.eu may use, publish, edit, modify and adapt your User Content for any and all purposes relating to chessengeria.eu and the business of chessengeria.eu and you hereby grant it an unrestricted non-exclusive license to do so and waive all so called moral rights in your User Content.
6. you own or have proper licenses, permissions and other consents in place in respect of all features and resources used in the User Content you submit or make available;
7. the User Content you submit or make available and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
8. you are entitled to submit it and make it available for use as envisaged by these Terms and you are not under any contractual or other obligations preventing you from doing so;
9. you have received all necessary permissions and consent required for the use by chessengeria.eu, as described in these Terms, of any User Content you submit or make available;
10. that you have not granted any other person any rights that are inconsistent with the rights granted above.
6. Liability
1. chessengeria.eu provides and maintains chessengeria.eu for personal information and entertainment, on an "as is" basis
2. chessengeria.eu shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with chessengeria.eu or any Content and Files.
3. Third party web sites and online services to which chessengeria.eu links ("External Sites") have not been verified by chessengeria.eu.
4. All use and access to Files, Content and / or External Sites is made at your own risk.
5. chessengeria.eu gives no warranty in connection with chessengeria.eu other than as expressly stated and to the maximum extent permitted by law, chessengeria.eu excludes liability for:
1. any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which chessengeria.eu has been made aware of;
2. the accuracy, currency or validity of the information and material contained within any Content or chessengeria.eu;
3. any interruptions to or delays in updating chessengeria.eu;
4. any incorrect or inaccurate information on chessengeria.eu;
5. the infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or use of chessengeria.eu;
6. the availability, quality, content or nature of External Sites;
7. any transaction involving External Sites;
8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading chessengeria.eu, or any User Content;
9. all representations, warranties, conditions and other Terms which but for this notice would have effect.
6. chessengeria.eu does not warrant that the operation of chessengeria.eu will be uninterrupted or error free.
7. chessengeria.eu will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
8. Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
9. These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit chessengeria’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
10. You agree that in relation to your use of chessengeria.eu you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute chessengeria.eu.
11. You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
12. You hereby indemnify, defend and hold chessengeria.eu and chessengeria’a affiliates and chessengeria’s owner, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of chessengeria.eu, any User Content and any use of your membership account. You shall use your best efforts to cooperate with chessengeria.eu in the defense of any claim. chessengeria.eu reserves the right, at chessengeria’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. Termination
1. Without limiting any other rights it may have chessengeria.eu may remove, restrict, cancel or suspend access to and use of chessengeria.eu and Content or other any part of it, if it considers (in its sole discretion) that you have breached any of these Terms. Termination shall be without prejudice to the accrued rights of chessengeria.eu.
8. General
1. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
2. chessengeria.eu acts as principal on its own account and not as agent for you or any other person.
3. If chessengeria.eu does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
4. In the event that any part of these terms and conditions is held to be unenforceable, such part will at chessengeria’s option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
5. These terms and conditions constitute the entire agreement between you and chessengeria.eu and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
6. Reference to the word "include" and "including" shall mean and be read as "include without limitation" and "including without limitation" in these Terms.
7. Use of chessengeria.eu and these Terms are subject to the laws of Poland which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of Poland and the parties submit to the exclusive jurisdiction of the Polish courts.
8. chessengeria.eu is intended for and directed at the PL and no representation or warranty is made as to whether chessengeria.eu complies with the regulatory regime and local laws of any other countries.
9. By using chessengeria.eu you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content email and web usage.
9. About chessengeria.eu
1. All questions, comments or enquiries should be directed to chessengeria.eu at chessengeria@gmail.com.