Terms of Service

 

The Foolish King provides its service to you subject to the following terms and conditions (the "Terms of Service"). The Foolish King may also offer other services that are governed separately by their own Terms of Service.

Services

The Foolish King provides a collection of content, resources, tools, and technologies that enable users to enjoy chess and its surrounding culture (the “Service”). You understand and agree that the Service is provided “AS-IS” and that The Foolish King does not assume any liability for personal information stored through our Service. You accept that the Service may include advertisements. The Foolish King reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Foolish King shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Registration

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if The Foolish King has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Foolish King has the right to suspend or terminate your account and refuse any and all current or future use of the Service. The Foolish King is concerned about the safety and privacy of all its users, particularly children. For this reason, parents, guardians, or school officials of children under the age of 13 who wish to allow their children or students access to the Service must create an account that is maintained by a legal guardian or school representative of at least 18 years old and monitor the child's usage. By allowing a child access to their account, you also give your child permission to access all areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian or school representative, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for your child.

Member Accounts

While many portions of the Service do not require registration, you may register as a user of The Foolish King to join the leaderboard and play against other chess players around the world. If you choose to register you will be asked to enter a nickname and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify The Foolish King of any unauthorized use of your password or account or any other breach of security. The Foolish King cannot and will not be liable for any loss or damage arising from your failure to protect your account.

You acknowledge, consent and agree that The Foolish King may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Foolish King, its users and the public.

Account Limitations

You acknowledge that The Foolish King reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Foolish King reserves the right to modify these general practices and limits from time to time.

Termination

You agree that The Foolish King may, under certain circumstances and without prior notice, immediately terminate your The Foolish King account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities. Termination of your The Foolish King account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in The Foolish King’s sole discretion and that The Foolish King shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Member Conduct

You agree to not use the Service to:


1. impersonate any person or entity, including, but not limited to, a The Foolish King representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

3. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.


You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your The Foolish King nickname), use of the Service, or access to the Service. You agree that your The Foolish King account is non-transferable.

Content

You acknowledge that The Foolish King may or may not pre-screen Content, but that The Foolish King and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, The Foolish King and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The Foolish King and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Foolish King shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Foolish King has no control over such sites and resources, you acknowledge and agree that The Foolish King is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Foolish King shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Trademark Information

All The Foolish King trademarks and service marks and other logos and product and service names are trademarks of Stour Publishing Ltd. Without The Foolish King's prior permission, you agree not to display or use these trademarks in any manner.

General Information

The Terms of Service constitutes the entire agreement between you and The Foolish King and governs your use of the Service. The TOS and the relationship between you and The Foolish King shall be governed by English Law.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Foolish King AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. The Foolish King AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Foolish King OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Foolish King AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Foolish King HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iiiv) ANY OTHER MATTER RELATING TO THE SERVICE.