GCHESS Terms of Service
Welcome to GCHESS! These are the terms on which we make GCHESS available to you, including paid digital content and subscription. They are applicable to your use of GCHESS. For your own benefit you should read these terms carefully before agreeing to them. If you do not understand any of the points please email us for further information.
1. ABOUT OUR TERMS
1.1 These terms explain how you may use this website GCHESS.com, called “GCHESS” in these terms.
1.2 You should read these terms carefully before using GCHESS.
1.3 By accessing or using GCHESS or otherwise indicating your consent, you agree to be bound by these terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these terms, you should stop using GCHESS immediately.
1.5 If you have any questions about GCHESS, please email us at support@gchess.com.
1.6 GCHESS is provided by Ginger GM Limited, company registration number 11355029, with VAT registration number 309695763 and the registered office of which is at 36 Chapel Road, London, England, SE27 0TY.
1.7 The Subscription Terms set out the basis on which you can order subscriptions to certain paid features on GCHESS; the Digital Content Purchase terms specify the terms applicable to your orders for items of chess content (including video) made available by order from us on GCHESS. Those items of content are referred to as “Digital Content” in these terms.
1.8 We want to know what you think about these terms, email us at support@gchess.com to let us know.
2. USING GCHESS
2.1 GCHESS is for your personal and non-commercial use only.
2.2 You have the ability to create an account on GCHESS, on provision of a username and email address.
(a) When you create an account, you will choose a username and password. You must treat them as part of our security procedures, and you must treat such information as confidential. You must not disclose it to any third party. We will never ask you for your login details outside of the login process itself.
(b) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
(c) If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at support@gchess.com.
2.3 You agree that you are solely responsible for all activity on your GCHESS account, including:
(a) all costs and expenses you may incur in relation to your use of GCHESS including purchases of access to Digital Content and Subscription Fees; and
(b) keeping your password and other account details confidential.
2.4 We may prevent or suspend your access to GCHESS if you do not comply with any part of these terms.
2.5 You can ask us to delete your account at any time by email to support@gchess.com.
3. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
3.1 GCHESS and all intellectual property rights in it (including any Digital Content) are either owned by us or the owners of the content, except that where third-party rights are reserved (https://github.com/ornicar/chessground). “Intellectual property rights” means rights such as copyright, trademarks, domain names, design rights, database rights, and patents. We reserve all of our rights in any intellectual property in connection with these terms. This means, for example, that we, or the owners, remain owners of them and free to use them as we see fit.
3.2 Nothing in these terms grants you any legal rights in GCHESS other than as necessary to enable you to access GCHESS. You agree not to adjust, to try to get around or delete any notices contained on GCHESS (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within GCHESS.
3.3 Trademarks: “GCHESS” and the GCHESS logo are our trademarks. Other trademarks and trade names may also be used on GCHESS. The use of any trademarks on GCHESS is not allowed unless you have our prior written permission.
3.4 YouTube, streaming, and other use of GCHESS: To be clear, you must not reproduce or make available any part of GCHESS (including any Digital Content) online or to any other person in any way without our specific explicit prior email permission. Depending on the extent and nature of the proposed activity, and if we can get permission from any other rights-holders involved, we might be willing to give that permission for small portions of Digital Content or other parts of GCHESS in material made to be available by you online. You may contact us at support@gchess.com to seek such permission.
4. REPORTING INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS ON GCHESS
4.1 We do what we reasonably can to ensure that we do not include on GCHESS any content which infringes the intellectual property rights of other people. In the event that you consider any content on GCHESS to infringe your copyright or other intellectual property rights, please notify us at support@gchess.com.
4.2 If you have a complaint regarding any Digital Content or any content uploaded or posted to GCHESS by any user, please notify us and we will deal with it promptly.
5. SUBMITTING INFORMATION TO GCHESS
5.1 While we try to make sure that GCHESS is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any clever ideas you have about GCHESS, such as patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”).
5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor GCHESS to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
5.3 If you wish to license us to sell your own chess content on GCHESS, email us at support@gchess.com.
6. ACCURACY OF INFORMATION AND AVAILABILITY OF GCHESS
6.1 While we try to make sure that GCHESS is accurate, up-to-date and free from bugs, we cannot promise that it will be. We take pride in the quality of the chess content on GCHESS, but ultimately any reliance that you may place on the information on GCHESS is at your own risk.
6.2 While we try to make sure that GCHESS is available for your use, we do not promise that GCHESS is available at all times nor do we promise the uninterrupted use by you of GCHESS.
6.3 We love working to make GCHESS widely available and will do everything we can to keep it going.
6.4 You may have certain legal rights when using GCHESS (such as if the Subscription Terms or Digital Content Access Terms apply to you). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015 (if you are in the United Kingdom). As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
6.5 GCHESS is provided for the purposes of offering you Digital Content intended to help your chess learning and development. It does not constitute technical advice or any other type of advice and should not be relied on for any purposes.
7. HYPERLINKS AND THIRD PARTY SITES
7.1 GCHESS may contain links or references to third-party websites other than GCHESS. Those links or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for anything contained in them. The display of any link and reference to any third party website does not mean that we endorse that third party. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
8. LIMITATION ON OUR LIABILITY
8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable to you and us when these terms were formed, or that were not caused by any breach on our part. Neither are we responsible for business losses and losses to non-consumers.
9. EVENTS BEYOND OUR CONTROL
9.1 We will have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control.
10. RIGHTS OF THIRD PARTIES
10.1 No one other than a party to these terms has any right to enforce any of these terms.
11. VARIATION
11.1 These terms are dated 07/12/2021. No changes you propose to these terms are valid or have any effect unless we agree to them in writing. We reserve the right to vary these terms from time to time. Our updated terms will be displayed at this URL on GCHESS. By continuing to use and access GCHESS following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms from time to time to verify such variations.
12. ASSIGNMENT
12.1 We may transfer or assign your account to a sister, parent or subsidiary company, or to a company that buys our business. For example, we may transfer or assign your account to a company in the Play Magnus AS group of companies.
13. DISPUTES
13.1 We put a high value on good relations with you and the chess community in general. We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with us, please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you.
13.4 Relevant United Kingdom law will apply to these terms provided that (if you are a consumer resident in the European Union), you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in any of these GCHESS Terms of Service affects your rights as a consumer to rely on such mandatory provisions of local law.
13.5 We expect our staff to be polite and respectful when dealing with you. We expect you to be respectful of them too. If you are abusive to our staff or make any threats to our staff’s safety or well-being (whether inside or outside of GCHESS communication tools) we may decide to remove your ability to communicate with us (and other users, if we consider it appropriate) using GCHESS.