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Terms and Conditions

Last updated: March 20, 2023

 

Please make sure to read each section in its entirety.

 

  1. INTRODUCTION

 

Welcome to Premier Chess Academy, operated by Premier Chess Academy Corporation.  Presently, the terms “Premier Chess Academy,” “us,” “we,” the “Company”, and “our” shall refer to Premier Chess Academy Corporation.

 

Upon interacting and engaging with us, premierchessacademy.com (the “Website”), the Premier Chess Academy mobile application (the “App”), or through any other Third-Party platforms/websites/apps Premier Chess Academy may provide to host and interact with you (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”) along with the other legal documents listed in the “Legal information” section on our Platforms and which may but are not necessarily incorporated into this agreement by reference.

 

We reserve the right to amend, add, or remove any portion of this agreement at the time of our choosing.  In the event that we make substantial changes to this agreement, we will notify you of the changes to the agreement on this page and the effective date of the changes.  While we may choose at our discretion to notify you of substantial changes, we are not required to render such notifications and it is your responsibility to check this page to stay up to date. Future changes will not be retroactive without your permission. By continuing to use our Platforms, you consent to the changes and will be legally bound by the updated terms. In the event that you no longer wish to be bound by these Terms, you must stop your use of our Services.

 

  1. ELIGIBILITY TO USE PREMIER CHESS ACADEMY CORPORATION SERVICES

 

Not everyone is eligible to create an account and use Premier Chess Academy’s Services.

 

By using our Services, you represent and warrant that:

 

  • There exists no law, judgment, or edict by the authorities of any State or Country which bars you from using our services;
  • You have not been convicted a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence and/or harm to children;
  • You have no legal mandates to register as a sex offender with any local, state, or federal sex offender registry;
  • You have not been previously prevented by us from registration and are not registering a new account under a new name, without our express permission

 

 

You agree that you will not:

  • Violate any and all applicable laws, including without restriction, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
  • Lie about the information you provide on our Platforms including identity, age, profession, etc.;
  • Use the Services in a way that damages or disrupts the Services and/or our Services computer systems and networks
  • Abuse, frighten, defame, or otherwise mistreat any person on our Platforms or our staff;
  • Access and use another user’s account;
  • Use our Services to commit fraud
  • Use our Services to denigrate Premier Chess Academy and/or our staff
  • Violate the terms of the license granted to you by Premier Chess Academy (see Section 6 below).
  • Disclose private user information that you do not have permission to disclose;
  • Copy, change, distribute, or develop any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Platform and/or services without Premier Chess Academy’s prior written consent;
  • Utilize technical tools, including crawlers and site search/retrieve applications to access and mine data found and used on our Platforms and services.
  • Harm our Platforms by inserting viruses and other harmful code into our Platforms;
  • Reverse engineer, modify, decompile or otherwise deconstruct any portion of our Services, or enable others to do so;
  • Use or develop any third-party applications that interface with our Services or Member Content or information without our explicit and written consent;
  • Access, utilize, or publish the Premier Chess Academy application programming system without our explicit written consent;
  • Use our Services for any harmful, illegal, or disreputable purpose

 

Prior to accessing or using our Services, you explicitly represent that you are at least 18 years of age. If you are not 18 years of age, you represent that you are authorized by a parent or legal custodian who has reviewed this Agreement, to enter into a binding agreement with Us. In the event that you are a parent or legal custodian, you explicitly provide consent for your child’s use of the Services and will be bound by these Terms of Use in respect to their use. You are fully responsible for any unauthorized use of the Services by the Minor-User.

 

 

  1. CONTENT

 

In this agreement, “content” consists of, without limitation, all text, video, images, audio, chess games, chess commentary, and/or other material on our Services, including information contained in users’ profiles and all information uploaded by users. There are two different types of content on our Platforms: (i) content provided by you during the course of your engagement with our Services (“Your Content”); and (ii) content that Premier Chess Academy publishes on and through our Services AND on Third-Party Platforms as described in paragraph 14 of this agreement by (“Our Content”). Specifically, all content provided and published by Us on the “Strawket” platform is expressly owned by Premier Chess Academy.

 

3a. YOUR CONTENT

The content that you provide to our Platforms and services is ultimately your responsibility.

 

You are solely responsible and liable for Your Content, and, therefore, you expressly agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

 

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through external media platforms, including Strawket, Facebook, Zoom, Whatsapp, Google Suite, Zoho Suite, Lichess, Chess.com, Chesskid and/or other third-party sources (if applicable). If at any point the content that you provide us no longer accurate, you will update the content to ensure that it remains accurate.

 

You acknowledge and understand that by submitting your content to the external media platforms outlined above and/or to our Website and/or to Us, your content may be visible to anyone and everyone on the web. YOU EXPRESSLY ACKNOWLEDGE YOUR UNDERSTANDING AND ASSENT TO OUR USE AND PUBLISHING, IN ANY WAY WE SEE FIT, OF ANY PHOTOGRAPHS AND/OR PICTURES PROVIDED BY YOU TO US ON THE WEBSITE/SOCIAL MEDIA PLATOFORM OF OUR CHOOSING, INCLUDING BUT NOT LIMITED TO, FACEBOOK, TWITTER, INSTAGRAM, AND GOOGLE PLUS.  

 

Our Service includes features,  which we refer to as

“Star of the month/Player of the month”, where students are selected based on their performance in our Classes. If a student is selected, which will be at our sole discretion, his/her name, image and brief bio, will be posted on our Website/Social Media Platforms. IF YOU DO NOT WANT TO BE FEATURED ON OUR WEBSITE/SOCIAL MEDIA PLATFORMS, YOU MUST NOTIFY US IMMEDIATELY.

“Pca Talent Time/Go Beyond Chess”, where students are asked to share their performance video’s and winners will be selected by Premier Chess Academy based on their performance & our internal assessment. If a student is selected, which will be at our sole discretion, his/her name, image and brief bio, will be posted on our Website/Social Media Platforms. IF YOU DO NOT WANT TO BE FEATURED ON OUR WEBSITE/SOCIAL MEDIA PLATFORMS, YOU MUST NOTIFY US IMMEDIATELY.

 

We reserve the right to review Your Content, and if we deem appropriate, delete, modify, restrict, or block or prevent access to any of Your Content at any time in our sole discretion. Finally, you understand and agree that we have no obligation to publish any or all of your content.

 

 

3b. OUR CONTENT

 

Premier Chess Academy owns all other content on our Platforms, Services, and any content created by Premier Chess Academy which is published on third-party platforms, including but not limited to, Strawket.

 

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

 

Content Prohibited from being uploaded or shared on the Premier Chess Academy Website AND/OR other external technological tools used by Premier Chess Academy to facilitate its Services, including but not limited to Strawket, includes content that:

 

  • Is offensive or is designed to harass and intimidate others;
  • Is obscene, pornographic, contains nudity (including those images where a pastie, bluer effect, sticker, or hand covers a body part), sexually explicit,
  • Is hateful or violent (including images of guns or other weapons, unless you are an officer of the law in uniform)
  • Contains images of drugs or drug use
  • Contains vulgur language, including those words that are purposefully misspelled or coded (i.e. shit- $hit, Fuck = Fu@k etc.);
  • Does not display the individuals face clearly and visibly
  • Merely consist of an undergarments
  • Is abusive and/or discriminatory
  • Encourages any illegal activity;
  • Is libelous, defamatory or false;
  • Relates to commercial activities (including, without limitation, sales, promotions, and advertising, solicitation for services, links to other websites) without the explicit, written permission of Premier Chess Academy ;
  • Includes any viruses, adware, malicious code designed to hinder the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, used by Premier Chess Academy;
  • Infringes upon any third party’s rights (intellectual property rights, privacy rights etc);
  • Is at odds with the intended use of the Services; or
  • May do reputational damage to Premier Chess Academy or its affiliates.

 

If you upload and/or promote content that violates these terms (“Prohibited Content”), Premier Chess Academy maintains the right to suspend or terminate your account immediately. If your account is suspended or terminated, Premier Chess Academy will not provide you with a refund on any monies.

 

  1. INAPPROPRIATE CONTENT AND MISCONDUCT; MONITORING AND REPORTING

In the event that you come across any inappropriate content on our Platforms or Services, you must report the content and the User who provided the content by sending an email to the support@premierchessacademy.com.

 

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.

 

  1. PRIVACY

Our separate Privacy Policy contains all information regarding all matters relating to Privacy. By using our Platforms and Services, you agree that we may use your personal data in accordance with our Privacy Policy.

 

  1. RIGHTS GIVEN TO YOU BY PREMIER CHESS ACADEMY

Premier Chess Academy grants you the right to use our Services, subject to these Terms.

 

  1. RIGHTS YOU GRANT PREMIER CHESS ACADEMY

While you own all of the content you provide to Premier Chess Academy, you also grant us the right to use Your Content as provided in this Agreement.

 

By using our Services and Platforms, you grant to Premier Chess Academy a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to store, use, host, copy, display, reproduce, modify, publish, translate, and distribute Your Content, including any information you grant us permission to access from third-party sources, if applicable (facebook, twitter, linkedin etc.). While Premier Chess Academy shall have a non-exclusive right to Your Content, Premier Chess Academy’s shall have an exclusive license to derivative works created through use of our Services.

 

You permit Premier Chess Academy to represent your interests vis-a-vis infringing uses of Your Content inappropriately taken from our Platforms and Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Premier Chess Academy’s license to Your Content is subject to your rights under applicable law.

 

You expressly grant Premier Chess Academy the right to use any content that you submit, including your Name, City and State in which you live, your picture, chess games, comments, suggestions, and feedback, along with any other content submitted by you, without compensating you and without any further permission.

 

You agree to permit Premier Chess Academy to access, keep, and disclose your account information, including Your Content, if legally necessary or to enforce these Terms;

 

  1. PURCHASES AND CLASS SUBSCRIPTIONS

Premier Chess Academy provides you with the opportunity to purchase and render automatically renewable subscriptions for either Private Chess Classes or Group Chess Classes. In the event that you choose to purchase an automatically – renewable subscription, the subscription will automatically renew and bill your chosen payment method until you cancel. The fee for each respective Subscription option will be provided to you at the time of purchase and according to the stated the terms of purchase directly on our Website. As a general matter, the price for each respective subscription will vary according to the level of difficulty of the Class, Private or Public, provided for under the Subscription.   Please see our Curriculum page for more details.

 

Zoom is a software tool which we may use, at our discretion, to record certain chess classes provided on our Platform. You will be notified directly by the Zoom software upon the commencement of any recording of any meeting that you are participating in. If you do not wish to participate in a meeting which is being recorded, you will have the option to decline joining the meeting. By not declining to participate in the meeting, you are expressly agreeing to participate and to having your participation in the meeting recorded. We reserve the right to use any of the material recorded, including any image/video/voice recordings of you, for any of our future marketing and tutorial requirements. We remind you to avoid sharing confidential information visible on your screens while participating in any meeting being recorded.  Before screen sharing, close all applications, emails and documents that you will not use in that session. If you inadvertently shared something on your screen which you do not wish to be recorded, please let us know immediately; We reserve the right to keep or remove the video recording at our discretion.

In the event that you choose to cancel your subscription, you will continue to have access to the remaining Classes not yet used in your Subscription package.

 

 

Canceling your subscription does not remove your profile from our Services. In the event that you would like to fully end your membership, you must terminate your membership according to 8a of this agreement.

 

YOUR SUBSCRIPTIONS ARE WITH PREMIER CHESS ACADEMY ONLY AND WHILE YOUR SUBSCRIPTION MAY GRANT YOU ACCESS TO THIRD-PARTY SERVICES AND PLATFORMS, INCLUDING STRAWKET, YOU WILL IMMEDIATELY LOSE ACCESS TO YOUR CONTENT/ACCOUNT/INFORMATION HOSTED ON ANY THIRD-PARTY SERVICES SHOULD YOUR ACCOUNT WITH PREMIER CHESS ACADEMY TERMINATE.

 

 

8a. PAYMENTS AND CANCELLATIONS

Internal Purchases, including subscriptions, are made and processed using the Payment Method you have designated on the Website or App. Any subscription will automatically renew unless you cancel it. Acceptable payment solutions include Paypal, Stripe, Square, Zelle, and Bank Transfers.

 

When making an Internal Purchase, you agree to render the appropriate payment according to the prices presented to you for the Services you’ve selected, in addition to any sales or taxes that may be necessary (and subject to change), and you grant Premier Chess Academy  permission to charge the payment method you provide (your “Payment Method”). Premier Chess Academy retains the right to amend any billing errors or mistakes, even after requesting and/or receiving payment. In response to your decision to reverse a payment with your Payment Method, Premier Chess Academy reserves the right to terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Premier Chess Academy subscription. Please contact Customer Service to discuss any issues relating to your chargeback being overturned.

 

Your subscription will automatically continue, indefinitely, until you cancel. In the event that you would like to terminate a subscription contact us at “payment@premierchessacademy.com. Your subscription will still be active until the end of your then-current subscription time-period.  In the event that a payment is not processed, due to a problem with your chosen Payment Method, you are still responsible for all of the amounts owed and you permit us to continue billing your designated Payment Method. Furthermore, you grant us permission to access amended or replacement card numbers and/or expiration dates for your debit/credit cards as provided by your credit or debit card issuer.

 

All payments are due immediately upon subscribing to our services. If you do not render payment, at the latest, by the 10th business day after payment is due (starting from the date payment is due), we reserve the right to terminate your service with us immediately along with access to our website, materials, and instructors.

 

 

8b. REFUNDS

As long as is permissible by Law, Premier Chess Academy does not offer refunds under any circumstances.

 

  1. CONTESTS

Premier Chess Academy will from time to time, and solely at its discretion, provide “Contests” for its students which will award the winning student a “Prize.” The terms of each individual Contest will govern the rules of the contest and may be found on the individual “Contest” webpage on the Website.

 

  1. ACCOUNT TERMINATION

You may delete your account with us at any time.  In order to terminate your account, simply contact us at “payment@premierchessacademy.com”. If your account is terminated by you or by Premier Chess Academy for any reason, voluntarily or involuntarily, these Terms continue to remain enforceable between you and Premier Chess Academy.  If your account is terminated by you or by Premier Chess Academy for any reason, you will not be refunded any of your spent monies. TERMINATING YOUR ACCOUNT WITH PREMIER CHESS ACADEMY TERMINATES YOUR ACCOUNT WITH ANY THIRD-PARTY SERVICES YOU HAD ACCESS TO WHILE YOUR SUBSCRIPTION WITH PREMIER CHESS ACADEMY WAS IN PLACE.

 

  1. TEXT MESSAGING AND MESSAGING

You agree that Premier Chess Academy and its subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone or SMS (text)/WhatsApp messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an your account with Premier Chess Academy, including for marketing purposes. Premier Chess Academy may make use of the messaging systems provided directly by the Third-Party platforms to communicate with you. IT IS YOUR RESPONSIBILITY TO READ THE TERMS OF USE AND PRIVACY POLICIES OF THESE THIRD-PARTY PLATFORMS PRIOR TO COMMUNICATING WITH US THROUGH THESE WEBSITES.

 

One search 3rd party service Premier Chess Academy reserves the right to use to facilitate its Text Messaging system is “Sakari.” Information concerning Sakari’s Terms of Use can be found by clicking this link and information concerning Appointment Reminder’s Privacy Policy can be found by clicking this link.

 

You understand that you may opt out of receiving text messages from Premier Chess Academy at any time, either by replying “STOP”, texting the word “STOP” to 00000 using the mobile device that is receiving the messages, or by contacting support@premierchessacademy.com.

 

You agree that Premier Chess Academy may contact you using any of the phone numbers you provided in connection with a Premier Chess Academy account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.

 

 

  1. CRIMINAL BACKGROUND AND IDENTITY VERIFICATION CHECKS

Premier Chess Academy has partnered with Arc Attest to screen and conduct a criminal background check on all its Instructors, BUT NOT USERS/STUDENTS. It’s part of our commitment to help keep you safe when you use our services.

 

All instructors on Premier Chess Academy are required to submit their legal name, residential address, Identification number, and any aliases he/she may have to determine their Eligibility Conditions for employment. In addition, as an instructor, he/she must provide an authorization for a background check when requested by Arc Attest within ten (10) days of the original request.  Once this is received, Arc Attest will conduct a National Criminal Database search which will return results limited to the following:

 

  1. IDENTITY VERIFICATION: Verify the authenticity & reliability of the Aadhaar Identity from the authorized agency i.e. UIDAI (Unique Identification Authority of India) submitted by the employee.
  2. COMPREHENSIVE CRIMINAL RECORD: Comprehensive Criminal Record Check, searches and verifies records across all the courts, tribunals and defaulters list from several public databases across India.

 

Generally, to the extent permitted by applicable law, the following convictions relating to children, theft, fraud or violence will subject an Instructor’s profile to being terminated from our Service and use of the website: felony convictions within the past seven years; and misdemeanors within the past three years, except those misdemeanors relating to children which will be considered within seven years.

 

Premier Chess Academy does not endorse or make any representations or warranties regarding the reliability of such reports or the accuracy, timeliness or completeness of any information in the consumer reports. Premier Chess Academy does not independently verify information in the Arc Attest’s reports.

 

Premier Chess Academy, however, will review every background report and will take into consideration the nature and gravity of the offense, the time of the offense and the fact that the person is attempting to be a tutor. Premier Chess Academy will permit an individual to dispute any inaccurate or incomplete information before deactivating an individual’s account from the website and terminating him/her from the company’s employment.

 

Because the background check is only a database search, it may not cover all federal, state, and county records.  This means that offenses for minors may not appear during a background check and the background check will only cover publicly available convictions and will not cover all arrests or foreign records. Not all databases are up to date. In order to protect a tutor’s privacy, the results of a background check are only reported to Premier Chess Academy on a pass/fail basis. Background screenings are not foolproof and they may give members a false sense of security. Background checks are not a perfect safety solution and criminals may circumvent even the most sophisticated search technology.

 

The preceding paragraphs notwithstanding, Premier Chess Academy does not directly conduct background checks of any Instructor. Premier Chess Academy neither confirms nor denies the validity of information provided by Arc Attest and Premier Chess Academy has no further obligation to verify that any or all of the above eligibility conditions are met by its instructors.

 

Premier Chess Academy expressly disclaims, and you expressly release Premier Chess Academy from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding an Instructor’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any Instructor.

 

ULTIMIATELY, YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR COMMUNICATIONS, ONLINE AND IN PERSON, WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS IN NO WAY PROVIDE A GAURANTEE OF YOUR SAFETY AND ARE NOT AN ALTERNATE FOR USING SENSIBLE SAFETY PRECAUTIONS. UNDER ALL CIRCUMSTANCES, USE YOUR BEST JUDGMENT AND TAKE SUITABLE SAFETY PRECAUTIONS WHEN INTERACTING WITH, ONLINE OR IN PERSON, OTHER USERS. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY PREMIER CHESS ACADEMY, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

 

You agree that Premier Chess Academy is not responsible for the conduct of any INSTRUCTORS/STUDENTS on or off the Service. You agree to act responsibly when engaging in any interaction, online or in person, with other users.

 

  1. DISCLAIMER

 

PREMIER CHESS ACADEMY PROVIDES OUR SERVICES ON AN “AS IS” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN).  WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PREMIER CHESS ACADEMY DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE FIXED, OR (C) THAT ANY CONTENT YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. PREMIER CHESS ACADEMY MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; YOUR ABILITY TO CONNECT AND COMMUNICATE WITH OTHER USERS, OR THE SUBSEQUENT EXPERIENCE YOU HAVE WITH USERS YOU HAVE MET THROUGH THE SERVICES.

 

PREMIER CHESS ACADEMY DISCLAIMS ALL LIABILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES, REGARDLESS OF THE FORM OF ACTION. PREMIER CHESS ACADEMY FURTHER DISCLAIMS ALL LIABILITY FOR ANY RESULTING HARM FROM THE ACTS OR OMISSIONS OF YOURSELF AND/OR OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. ANY CONTENT OR INFORMATION ACCESSED THROUGH THE USE OF OUR SERVICES IS UNDERSTOOD TO BE ACCESSED AND DOWNLOADED AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREMIER CHESS ACADEMY IS NOT RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES.  MORE SPECIFICALLY, DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, AND DAMAGES FOR LOSS OF DATA.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP OR SUBSCRIPTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

YOU FURTHER UNDERSTAND THAT YOUR SAFETY IS ENTIRELY UP TO YOU AND YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN SAFETY WHEN MEETING OTHER USERS ON THE PLATFORMS AND IN PERSON. YOU UNDERSTAND THAT WE WILL NOT BE LIABLE FOR PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, DAMAGES ARISING OUT OF THE USE OF THIS SERVICE.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

Premier Chess Academy will take action, as deemed necessary by our team, to remove infringing intellectual property with or without notice to the potential infringer. Please notify us at once if you are aware of any User who has violated the intellectual property rights of yourself or others.  In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, we reserve the right to terminate the account of any User who repeatedly infringes on the intellectual property rights of others. If you believe any Member Content or Our Content infringes upon your intellectual property rights, please notify us at once by providing our Customer Service with the following information:

 

  1. A subject line containing the words, “DMCA Copyright Infringement Notice”

 

  1. A physical or electronic signature of an individual who possess the legal authority to act on behalf of the owner of the copyright or intellectual property interest that is allegedly infringed;

 

  1. Identification of the copyrighted work claimed to have been infringed, or, in the event that several copyrighted works at a single online site are sufficiently encompassed by only one notification, a representative list of such works;

 

  1. A sufficiently detailed identification of the location of the allegedly infringing material;

 

  1. Contact Information, including your name, telephone number, physical address, and email so that we may contact you;

 

  1. A statement asserting your good faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law;

 

  1. A statement that, under penalty of perjury, the information you have provided is accurate and; you possess the necessary authority to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

  1. Any DMCA Takedown Notices should be sent to support@premierchessacademy.com, by phone to 408-341-9180 or via mail to the following address: 651 N. Broad Street Suite 201, Middletown, Delaware 19709, United States

 

In the event that we receive from the alleged infringer a demonstration of the legitimacy of the material in question (illustrating that no infringement has taken place), we may elect to re-publish the material.  We will not, however, republish the material if we are provided proof that the party who originally filed the Copyright infringement complaint has a filed a lawsuit vis-à-vis the allegedly infringing material.

 

 

  1. THIRD-PARTY TERMS AND ADVERTISEMENTS

 

14a. Third-Party Services and Software.  Premier Chess Academy may provide tools through the Platform that provide you with the capacity to export information, including User Content (defined below), to third-party services, including but not limited to, Strawket, Facebook, Zoom, Whatsapp, Google Suite, Zoho Suite, Lichess, Chess.com, Chesskid and/or other third-party sources (if applicable). By engaging these tools, you acknowledge and agree that Premier Chess Academy may transfer that information to the relevant third-party service. Similarly, Premier Chess Academy may provide you with access to these Third-Party platforms directly in order to Communicate with Us. By using these Third-Party Services, you acknowledge and agree that Premier Chess Academy may access and utilize at its sole discretion all of the content submitted by you to these Third-Party Services. By using these Third-Party Services, you expressly agree to be bound by the Terms of Use and Privacy Policies set forth by these Third-Party Serrvices.

 

The Premier Chess Academy website may also contain links to third-party websites. Linked websites are not under Premier Chess Academy’s control, and Premier Chess Academy is not responsible for their content.

 

It is possible that in certain circumstances, Equity holders in Premier Chess Academy may also maintain Equity interests in the Third-Party services, namely, but not limited to Strawket.

 

 

14b. Advertisements. Premier Chess Academy’s Services and Platforms may display advertisements and promotions provided by third parties, which may or may not link to the third parties’ respective websites and/or resources. It is possible that the third parties’ websites and resources are not properly functioning at the time of their display on our Platforms.  We are not responsible for the availability of these websites or their content. Moreover, Premier Chess Academy is not liable for, and does not necessarily support the goods or services provided directly by third-party websites or resources. In the event that you decided to engage with the third parties, which you interfaced with through our Services, the third party’s terms will govern their relationship with you. Premier Chess Academy is not responsible or liable for such third parties’ terms or actions.

 

  1. LIMITATION OF LIABILITY.

Premier Chess Academy’s liability is limited to the maximum extent by applicable law.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREMIER CHESS ACADEMY, ITS EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE BEHAVIOR OR MATERIAL OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) IMPERMISSIBLE ACCESS, USE, OR MODIFICATION OF YOUR CONTENT, EVEN UNDER THE CIRCUMSTANCE WHERE PREMIER CHESS ACADEMY HAS BEEN NOTIFIED OF THE PROSPECT OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PREMIER CHESS ACADEMY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS PERTAINING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PREMIER CHESS ACADEMY FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.

 

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

 

CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND THEREFORE, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT BE RELEVANT TO YOU.

 

  1. DISPUTE RESOLUTION

It is possible that we will have a legal dispute and the following information pertains to how the dispute will be resolved.

 

In the event that you are not happy with our Services, please first contact Premier Chess Academy Customer Service so we can work to rectify the situation together. In the event that you decide to pursue a claim against Premier Chess Academy, these terms will apply.

 

16a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER

If you pursue a legal claim against Premier Chess Academy, you agree to arbitration (with limited exceptions).

 

The absolutely exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services or the Websites, without limitation any tort, contract, or equity claims between You and Us or Our directors, officers, employees, agents, subsidiaries, or joint ventures, shall be BINDING ARBITRATION. The only exception to the exclusivity of arbitration is that either party may bring an individual claim against the other in a small-claims court of competent jurisdiction, if the claim in question falls within the jurisdiction of the small claims court. If the responding party to the claim desires to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if asked for after the appointment of the arbitrator, the arbitrator shall decide if the dispute should be resolved in arbitration or if the arbitration should be administratively closed and decided in small claims court. Regardless of whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

 

You hereby agree that by engaging with our Services in any capacity, you consent to the above arbitration agreement. In doing so, you lose your right to go to court to bring forth or defend any claims between you and the Company (except, as described above, for matters that may be taken to small-claims court). Additionally, you forsake your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator and NOT a judge or jury, and the arbitrator shall determine all of the outstanding issues concerning the arbitrability of the dispute.

 

You are entitled to and shall receive a fair and honest hearing before the arbitrator. The arbitrator has the authority to provide any relief that a court can, however please be advised that arbitration proceedings are typically, faster and simpler than judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, amend, or vacate an arbitration award, may be commenced in any court of legitimate jurisdiction. If this arbitration agreement is for any reason deemed to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Cuyahoga County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

16b. GOVERNING LAW

In the event that there is a dispute, Delaware law and the Federal Arbitration Act will apply (except where prohibited by law).

 

Except where our arbitration agreement is prohibited by law, the laws of Delaware, U.S.A., will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Ohio governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

 

16c. VENUE

In the event that a claim is not submitted to arbitration, for any reason, it must be litigated in the State of Delaware (excluding claims brought in small claims court, or where prohibited by law).

 

Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Delaware, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Premier Chess Academy that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Delaware, U.S.A. You and Premier Chess Academy consent to the exercise of personal jurisdiction of courts in the State of Delaware and waive any claim that such courts constitute an inconvenient forum.

 

  1. INDEMNITY BY YOU

If a claim is made against Premier Chess Academy as a consequence of your actions, you agree to indemnify Premier Chess Academy.

 

To the extent permitted under applicable law, you explicitly and without reservation agree to indemnify, defend, and hold harmless Premier Chess Academy, our affiliates, and their and our respective directors, officers, agents, and employees from and against any and all complaints, claims, demands, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.

 

  1. ACCEPTANCE OF TERMS

 

It is understood that by engaging and utilizing our Services, irrespective of the technological device which allows you to use our services, you agree to be bound by (i) these Terms, which we may alter and update from time to time, (ii) our Privacy Policy and Cookie Policy, and (iii) any Additional Terms Upon Purchase.

 

All pronouns and any variations thereof shall be understood to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. The capitalization of a word shall be deemed to have the same meaning as the uncapitalized version of that word.

 

  1. ENTIRE AGREEMENT

 

The entirety of your agreement with Premier Chess Academy concerning your use of our Services is encompassed by these Terms, the Privacy Policy and any Additional Terms Upon Purchase, all of which supersede any prior agreements or representations between us, oral or written.  If it is determined that any clause or provision of these Terms is unenforceable for being either illegal or invalid, the remainder of the Terms shall continue in full force and effect. In the event that the Company shall fail to implement or enforce any right or provision of these Terms, such a failure shall not constitute a waiver of such right or provision. By using our Services, you give your consent to the fact that your account is non-transferable and all of your rights to your account and its content immediately end upon your death, unless otherwise provided by law. You may not transfer or assign any rights and licenses granted hereunder.  We may, however, at our discretion assign these rights as we see fit and restriction. By using our Services, you agree that no agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Premier Chess Academy in any capacity.