By accessing Chess Openings 24/7 online on www.chessopenings24-7.com (“the Site”) or by otherwise accessing any content found on this web site or by using any digital application edition of Chess Openings 24/7 online service or other digital application published by Chess Openings 24/7 (each a “Digital Application”), you are entering into an agreement with Chess Openings 24/7 Ltd (“Chess Openings 24/7”) and agree to the terms that follow. The Site is owned and operated by Chess Openings 24/7.
Chess Openings 24/7 is trading name of:
Chess Openings 24/7 Ltd. Belgrade
Registered office: 5, Njegoseva St, Belgrade 11000, Republic of Serbia
Registration number: 20794739
Tax identification number: 107400629
These Terms and Conditions were last updated on 18 February 2013.
The contents and design of the Site, any Digital Application and any material e- mailed to you or otherwise supplied to you in conjunction with the Site and/ or a Digital Application (such contents, design and materials being collectively referred to as the “Chess Openings 24/7 Content”), is copyright of Chess Openings 24/7 and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “Chess Openings 24/7” name and logo or other trade names appearing on the Site) for any reason without written permission from Chess Openings 24/7. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms and Conditions. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Chess Openings 24/7 Content
All Chess Openings 24/7content is strictly for personal, non-commercial use only.
You may retrieve and display Chess Openings 24/7 Content from Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non- commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Chess Openings 24/7 Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Chess Openings 24/7:
reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the The Chess Openings 24/7 Content; or
modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Chess Openings 24/7 Content (including as part of any library, archive or similar service) without the prior written consent of Chess Openings 24/7; or
remove the copyright or trade mark notice from any copies of Chess Openings 24/7 Content made under these Terms and Conditions.
Any use of Chess Openings 24/7 Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to firm’s offices in the Republic of Serbia, Belgrade 11000, 5 Njegoseva St, or submitted using our Customer Service contact form, and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to Chess Openings 24/7 Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify Chess Openings 24/7 if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Chess Openings 24/ 7 Content. You will provide Chess Openings 24/7 with accurate, complete registration information and inform Chess Openings 24/7 of any changes to such information. For the purpose of confirming your compliance with these Terms and Conditions, Chess Openings 24/7 reserves the right to monitor and record activity on the Site and Digital Applications, including access to Chess Openings 24/7 Content.
Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. Chess Openings 24/7 does not allow multiple users (networked or otherwise) to access the site and/or any Digital Edition through a single name and password and may cancel or suspend your access to the Site and/ or a Digital Application if you do this without further obligation to you.
Fees and Payments / Subscriber Agreement
Paid subscriptions to Chess Openings 24/7 and other services on this site are governed by the following terms and agreement:
You are responsible for any fees that are payable.
Access to some Chess Openings 24/7 Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in EURO, US Dollars, Serbian dinars (RSD) or other currency specified by Chess Openings 24/7. If the payment is executed in Serbian dinars (RSD) official middle exchange rate of the National Bank of Serbia should apply.
You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
Subscribers are guaranteed to receive the services outlined on the subscription page for the duration of their subscription. Services are effective and available immediately upon receipt of payment.
If your use of the Site is terminated by Chess Openings 24/7, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms and Conditions. You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from Chess Openings 24/7’s third party partners. In that event, your contract for such products will be with the third party partner and not with Chess Openings 24/7.
All refunds are at the discretion of Chess Openings 24/7. Any refunds can only be made to the credit/debit/charge card that was used for the original purchase.
You are responsible for all content you post.
The Site and Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to Chess Openings 24/7 and interaction between users and Chess Openings 24/ 7 representatives (“Forums”). While Chess Openings 24/7 does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Chess Openings 24/7 on a Forum. You may not:
Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
Post, link to or otherwise publish any Messages that infringe copyright;
Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Chess Openings 24/7;
Post Messages in any language other than English;
Post the same Message, or a very similar Message, repeatedly;
Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
Disguise the origin of any Messages;
Impersonate any person or entity (including Chess Openings 24/7 employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
Collect or store other users‘ personal data; and/or
Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless Chess Openings 24/7 from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section of the document.
Chess Openings 24/7 has no control over individuals posting Messages on any Forum. Chess Openings 24/7 cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these Terms and Conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting Chess Openings 24/7 a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. Chess Openings 24/7 reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Chess Openings 24/7 to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify Chess Openings 24/7 immediately using the Customer Services contact form. Repeated misuse of the Customer Services contact form function will result in your access to the Forums being terminated.
Chess Openings 24/7 respects your privacy.
Changes to the Site
Chess Openings 24/7 reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Chess Openings 24/7 Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All Chess Openings 24/7 Content and services are provided ‘as is’. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, Chess Openings 24/7 makes no warranty, express or implied concerning Chess Openings 24/7 Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. Chess Openings 24/7 expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Chess Openings 24/7, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Chess Openings 24/7 has been advised of the possibility that such damages may arise. Chess Openings 24/7 does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Chess Openings 24/7 or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms and Conditions by Chess Openings 24/7 exceed the amount, if any, paid by you to Chess Openings 24/7 for the particular Service to which the claim relates.
Upon Chess Openings 24/7’s request, you agree to defend, indemnify and hold harmless Chess Openings 24/7, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms and Conditions by you or your use of any Services.
Chess Openings 24/7 will not be held responsible for circumstances beyond its control.
Chess Openings 24/7, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Chess Openings 24/7 Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic, internet or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of Chess Openings 24/7 Content.
Changes to these Terms and Conditions.
Chess Openings 24/7 may, in its discretion, change these Terms and Conditions (including those that relate to your use of the Site, Digital Applications and/or Chess Openings 24/7 Content). Whenever the Terms and Conditions are changed, Chess Openings 24/7 will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after Chess Openings 24/7 has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain Chess Openings 24/7 Content may be subject to additional Terms and conditions.
Advertising, Third Party Content and other Web Sites.
Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Chess Openings 24/7 is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Chess Openings 24/7 is not responsible for the availability of these websites or their content.
Assignment of Agreement.
This agreement is personal to you and your rights and obligations under these Terms and Conditions may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Chess Openings 24/7.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to Chess Openings 24/7 must be given in writing, by letter or emal, and sent to firm’s offices in the Republic of Serbia, Belgrade 11000, 5 Njegoseva St, or submitted using our Customer Service contact form.
Severability/Survival/Statute of Limitations.
If any provision of these Terms and Conditions is invalid or unenforceable, such will not render all the Terms and Conditions unenforceable or invalid. Rather, the Terms and Conditions will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms and Conditions must be filed in a court of competent jurisdiction in Belgrade, Republic of Serbia, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms and Conditions shall not apply.
Headings in these Terms and Conditions are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms and Conditions.
Term and Termination
Chess Openings 24/7 may terminate or suspend your access to Chess Openings 24/7 Content at any time.
Chess Openings 24/7 may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Chess Openings 24/7 Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to Chess Openings 24/7 under these Terms and Conditions or by law.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by, and construed in accordance with, Serbian law. The parties irrevocably agree that the courts of the Republic of Serbia shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Serbian courts.
For the exclusive benefit of Chess Openings 24/7, Chess Openings 24/7 shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.