Website Terms And Conditions

1. Introduction

1.1. These terms and conditions relate to our website SzuperChess.com and to any other websites that we own containing our SzuperChess pages, products and services, such as our anti-cheating software (together, our "Website").

1.2. Please, read these Terms and Conditions carefully before you start using any section of our Website. By using any section of our Website or by registering with us through the Website, you agree to be bound by:

(a) these Terms and Conditions;
(b) the Privacy Policy; and
(c) any terms and conditions and or rules with regards to our tournaments published in our Website. (together, the "Terms of Use").

1.3. If the Terms of Use are translated into any other language it will be for information purposes only and in the event of any conflict between the translation and the English language version, the English language version shall prevail.

1.4. Your continued use of the Website will constitute acceptance of the Terms of Use.

1.5. The Terms of Use constitute your agreement with us.

1.6. In the event that there is any conflict or inconsistency between the terms and conditions of the Terms of Use, the order of precedence shall be as set out in clause 1.2.

1.7. We use cookies to give you the best experience on the Website. If you continue to use any section of our Website without changing your cookie settings, we assume that you consent to our use of cookies on the Website. You can change your cookie settings at any time but if you do, you may lose some functionality on our Website. More information can be found in our Privacy Policy and Cookie Policy.

2. Parties to the Terms of Use

2.1. These Terms of Use set out the terms and conditions agreed between us, SzuperChess j.d.o.o. (a company registered in Croatia under OIB number 88933696339, with its registered address at Boškovićeva ulica 2, 10000, Zagreb, Croatia (“SzuperChess”, “organizers”, "we", "us" or "our" as applicable) and you being the person using our Website or who has registered with us through our Website, or every single third person registered in one of our tournaments (“user”, “users”, “player”, “players”, "you" or "your" as applicable).

3. Changes to the Terms of Use

3.1. We reserve the right to make changes to the Terms of Use at any time. We will make reasonable efforts to ensure that any significant changes to the Terms of Use will be notified to you by an appropriate method (for example, by email or via a notice on the Website). However, it remains your responsibility to check the Terms of Use from time to time to ensure that you agree with them, and your continued use of the Website will be deemed to be your acceptance of any changes we may make.

4. Access to the Website And Content

4.1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of the Website without notice. If the need arises, we may suspend access to parts of our Website or the entire Website for maintenance purposes. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.

4.2. From time to time, we may restrict access to some parts of our Website to users who have registered with us.

4.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

4.4. 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 opinion you have failed to comply with any of the provisions of the Terms of Use.

4.5. You are solely responsible for making all arrangements necessary for you to have access to the Website. We will not be liable for any losses caused to you by the internet or any telecommunications service provider which you have engaged in order to access the Website.

4.6. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Terms of Use, and that they comply with them.

4.7. We may, in our absolute discretion, change the content of our Website at any time.

4.8. We cannot guarantee that our Website will be compatible with any hardware or software that may be used by you upon visiting our Website.

4.9. If you want to report an error or have any questions please contact us at: contact@szuperchess.com.

5. Use of the Website

5.1. You shall use the Website for lawful proposes only.

5.2. You shall use the Website for your own personal and non-commercial use only and shall not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent.

5.3. You must not:
(a) attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to our Website;
(b) you must not attack our Website via a denial-of-service attack or a distributed denial-of service attack; and
(c) misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other harmful material designed to adversely affect the operation of any computer software or hardware.

5.4. By breaching any provision of clause 5.3, you may commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing information about you to them. In the event of such a breach, your right to use our Website will cease immediately.

5.5. You shall not use the Website:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) for any purpose which is or is likely to be considered to be harmful, threatening, defamatory,
libellous, abusive, vulgar, obscene, hateful, racist, sexist, of a discriminatory nature or which could cause offence or is otherwise objectionable;
(d) for the purpose of harming, threatening or attempting to harm or threaten minors in any way; nor
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to "stalk" or otherwise harass another;
(g) to impersonate any person or entity, including, but not limited to, SzuperChess representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
(i) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) collect or store personal data about other users of our Website in connection with conduct and activities prohibited by these Terms of Use.

5.6. You shall not interfere with, damage or disrupt:
(a) any section of our Website;
(b) any network on which our Website is stored; or
(c) any software used in the provision of our Website.

5.7. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

6. Registration, Opening And Maintaining Account

6.1. By registering with us, you will open an account (“Account”) with us.

6.2. When registering and opening an Account with us, you are requested to write a valid email and to choose your own and password. We may also request to write your name. You should ensure that these details are kept private as you are responsible for all activity undertaken with your Account (where the correct security information has been provided). If you lose, or forget, your email and/or password, or if you believe that a third party is aware of them, you should contact us immediately so that new security details can be allocated to you. These new details will be emailed to you.

6.3. If another person accesses your Account, you are solely responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your Account by any third party.

7. Our Products & Services

General Access to the Website, our products and services
7.1. All users of the Website will have full access to the tournaments tab, where they will be able to register in each of them.

7.2. We will allow you access to the Website and to our products and services as we deem fit and we reserve the right to increase or reduce such access at our sole discretion.

Use of the Website without opening an Account
7.3. You may access limited sections of the Website and a limited number of our products and services without opening an Account. You will not be able to register in any of our tournaments without having opened an Account.

Access to the Website after opening an account
7.4. After you register with us and thereby open an Account, you will be able to access more sections of the Website and you will have increased use of our products and services. You will be able to register in as many tournaments as you want by paying the correspondent fee. When the tournament for which you have paid takes place, you will be able to use our anti-cheating software and you will have full access to the tournament’s information.

8. Registering in our tournaments

8.1. Every player will have to fill a form, where we are going to ask for some personal data. We may even ask for your ID or a recent photo of yourself. This data will be handled according to the GDPR regulations. You can learn more about it in our Privacy Policy.

8.2. Every player will have to pay a fee to register in each tournament. The amount of the fee can be different for each tournament.

8.3. Every player will be able to pay the fees for other players’ registration. It will have to be reflected in the payment form, where the buyer will have to enter some data of these other players, so that SzuperChess team can know who is/are the player/s who have registered in the tournament. The buyer is the only responsible for the money paid to buy his/her registration and the others’ ones.

8.4. By registering in each tournament, every player accepts that SzuperChess team, their partners and/or subcontractors, such as referees or masters, will take the final decisions by following the rules for each tournament. Every player will entirely accept the final decisions.

8.5. By registering in each tournament, every player (the buyer or the ones who have bought a ticket through a third person) accepts these Terms and Conditions, our Privacy Policy, the Cookie Policy and the rules, information and instructions for each tournament. These rules, information and instructions will be shown in our website for each tournament.

9. Method of payment.

9.1. The payment of the fees for registering in our tournaments will be made through some of the following companies: Revolut, Transferwise or PayPal. Also, it will be possible to pay for it by doing a bank transfer to the company’s bank account with prior consent. The instructions to pay by using this way will be detailed in the Website. If you have any questions regarding this, you can contact us and we will explain it to you: contact@szuperchess.com.

9.2. In case we sign an agreement with some payment provider, you will also have this additional to pay the fees for the tournaments.

9.3. In case we sign an agreement as expressed in the 8.2., when making a payment via our Website, you will be directed to a segregated part of our Website (the "Payment Page") provided by the Payment Provider and to which only you and the Payment Provider shall have access to. Upon accessing the Payment Page you must provide all details the Payment Provider may request, accept their terms and conditions and deal with them in accordance with the same.

9.4. Fees charged to players do not include overdraft or other fees incurred as a result of the payment processing by the third party such as, but not limited to, bank or credit card company of the player.

9.5. We accept no liability for your dealings with the potential Payment Provider or for any paymentrelated issues.

10. Tournament cancellation.

10.1. In case the tournament is cancelled for any reason, the players who have paid to participate on it will have the opportunity to play another upcoming tournament. In case the registration fee to participate in the upcoming tournament chosen by the player is higher than the one already paid, the player will have to pay the difference by using some of the methods written in the section 9.

11. Refunds.

11.1. In case the tournament is cancelled for any reason and the player does not wish to use the already paid fee to participate in any other upcoming tournament, s/he will be able to ask for a refund. In this case, the player will have to notify it to SzuperChess and we will agree with the player the best way to do it. It can be made by using any of the payment methods written in the secion 9. It will be done by the method that fits the best for both parties, regarding fees and other possible aspects.

11.2. In case the player ask for a refund because, for any reason, s/he cannot participate in an upcoming tournament for which s/he has paid, SzuperChess will decide how to proceed. In principle, it's not allowed to get your money back after you have paid for the registration, if the tournament is not cancelled. Therefore, SzuperChess is not obligated at all to refund you if, for any reason, you cannot participate in a tournament for which you have paid. It's applicable to the player who have made the payment as well as to the players for which s/he has paid.

11.3. It's not allowed in any case to get the money back after having started the tournament. If there is any problem during the tournament, you accept that SzuperChess will decide how to proceed.

11.4. It's not allowed in any case to get the money back if you are caught cheating. We will have a committee composed of experts who will take the decision. If they decide that you have been cheating, you accept that you cannot get the money paid to register in the tournament in any case.

11.5. By participating in any tournament organized by SzuperChess and/or some of the partners related to us, you accept these Terms and Conditions.

12. Participation in the tournaments

12.1. The information related to the tournaments participation and the steps to follow will be detailed in the Website.

12.2. Tournaments will be held in external gaming platforms. SzuperChess organizes the tournament (alone or along with some partners) and provides the anti-cheating system. However, the gaming platform will be an external and suitable one.

12.3. We are not liable for any kind of problem related to the external gaming platform where the tournament is hold.

12.4. You accept that our team, partners or arbiters will be responsible for taking decisions in case there is any kind of problem.

12.5. You are responsible for reading the information regarding the tournament, the rules and steps to follow. We are not liable for misunderstandings regarding the rules and/or any kind of information related to the tournament. If you do not understand any point, you may communicate it to us, so that we might provide an explanation. After having paid for the registration in the tournament, you accept all the rules and information provided about it, as well as these Terms and Conditions, Privacy Policy and Cookie Policy.

12.6. By registering and/or participating in any of our tournaments, every player (the buyer or the ones who have bought a ticket through a third person) fully accepts these Terms and Conditions, our Privacy Policy, the Cookie Policy and the rules, information and instructions for each tournament.

13. Payment of the prizes.

13.1. Players may obtain prizes and personal income from the services. Prizes and personal income are subject to proof of eligibility of the user to participate in the game, tournament or competition offered within the scope of the services, at the request of SzuperChess. We may require you to show us, but not limited to, your ID and a recent photography of yourself.

13.2. Players agree to be investigated for any alleged cheating, fraud or impropriety that SzuperChess may conduct in possession or lack of evidence to suspect the same, and that such investigation may be carried out as random audit.

13.3. Players shall respond to the notice of investigation without delay and shall be fully cooperative in providing information to SzuperChess. Failure to cooperate on investigation shall be regarded as violation of the Terms of Service and the player would not be eligible for winning any kind of prize.

13.4. Prizes for each tournament will not be paid immediately. Organizers and arbiters will analyze the games and the players after having finished the tournament, to determine that nobody cheated.

13.5. The deadline to pay the prizes to the winners will not be, in any case, longer than two weeks.

13.6. In principle, the payment of the prizes will be done through some of the payment methods written in the section 9. But, if organizers and winners agree on doing it by using another way (because it’s cheaper or easier to do it for any reason), it will be considered as an option for payment.

13.7. In case the prize is not money by itself, but rather another kind of award, such as online classes, chess content or chess material, the conditions applied will be the same than in the tournaments where we have cash prizes in terms of anti-cheating control, registration, participation and payment of the prizes.

14. Anti-cheating.

14.1. Definition of "cheating". We may consider that you are cheating in one of our tournaments in the event of, but not limited to, the following cases: using external help by means of a third person; using external help by means of using a device that contains a software or a website with an integrated chess engine; by using external help by means of any kind of electronic device such as, but not limited to, mobiles, computers, tablets or headphones. All these behaviors are prohibited in our tournaments. If you use any kind of help to play any of your games during the tournament, which is not accepted by organizers or arbiters, you may be considered as a cheater with all its consequences.

14.2. SzuperChess uses a powerful anti-cheating system to ensure that nobody is cheating in our tournaments.

14.3. All the techniques defined in this section will be used only for anti-cheating purposes and only the SzuperChess team (or some of their partners, other organizers or arbiters) will be able to deal with this data. For more information regarding this, you can read our Privacy Policy.

14.4. By participating in each tournament, you accept that we are going to record your face (along with the room where you are), the audio and your screen at every moment while you are playing.

14.5. By participating in each tournament, you accept that we are going to analyze your face by using different techniques related to artificial intelligence technologies, such as eye tracking or facial coding. You accept that we may use other techniques, as our system will be continuously improving.

14.6. By participating in each tournament, you accept that in case we suspect that you are cheating, we may require you to answer some questions after the tournament while we are recording it, which would be analyzed by a professional in order to clarify if you were cheating or not. You agree on truly answering all the questions.

14.7. By participating in each tournament, you accept that in case we suspect that you are cheating, we may require you to show us any part of the room from where you are playing and you will have to do so.

14.8. By participating in each tournament, you accept that in case we suspect that you are cheating, we may require you to keep a call by using another way, in order to prove that everything is working correctly.

14.9. You accept that we may add some other legal techniques to analyze you while you are participating in any of our tournaments, which would be used to ensure security for all the players.

14.10. You accept that you will have to be participative and help the arbiters and organizers with all their requirements. If you do not do it, they may consider you as a cheater with all its consequences.

15. Fair Play Policy

15.1. The final decision regarding cheating will be taken by SzuperChess team, our partners, referees or any other person elected by us to do so. If any of them decide that a player has been cheating during the tournament, it will be an irrevocable decision, since it will be very wellfounded.

15.2. If any player is caught cheating in any way, s/he will be automatically banned from the tournament, and lose any and all rights of repayment, reimbursement or other benefits or compensations.

15.3. If any player is caught cheating in any way, s/he will be automatically banned from the Website, and permanently excluded from playing again a SzuperChess tournament.

15.4. If any player is caught cheating in any way, s/he will be responsible for any damages caused to the affected players. The cheater will be responsible for any legal actions taken against him/her.

15.5. We are not liable for any action taken by a player who has cheated.

16. Revocation of access to the Website And Termination of Account

16.1. We reserve the right to revoke your access to the Website and to our products and services and to close your Account and terminate any associated email address ("Termination of your Account") at any time at our sole discretion.

16.2. Causes for revocation of access to the Website, our products and services and Termination of your Account shall include, but shall not be limited to:
(a) breaches of any provision of the Terms of Use;
(b) a request by you to Terminate your Account;
(c) discontinuance or material modification to the Website or our products and services (or any part thereof);
(d) unexpected technical or security issues or problems related to the Website;
(e) extended periods of inactivity;
(f) non-payment of the Fees to participate in the tournaments;
(g) cheating in our tournaments;
(h) having cheated or banned for cheating before in any website or offline tournament;
(i) having been disrespectful with any other player or SzuperChess member;
(j) engagement by you in fraudulent or illegal or activities; and
(k) requests for information from us by or reports by law enforcement and other bodies, including the police, regarding investigation of fraud, money laundering issues or other offences or behaviour oractions (not amounting to a criminal offence) relating to you and/or your use of the Website, our products and services,

16.3. If you have opened an Account with us, you may close your Account at any time. You should indicate your desire to close your Account in writing via e-mail to contact@szuperchess.com.

17. Consequences of Termination of your Account And of revocation of access to the Website

17.1. You agree that we shall not be liable to you or to any third party for any Termination of your Account or revocation of or limitation of access to the Website, our products and services and of any termination of any email address associated with your Account.

17.2. Revocation of access to the Website and Termination of your Account may include revocation of access to the Website, removal of access to any offerings, products or services as we may deem fit, deletion of your password and all related information, deletion and/or removal of files and content associated with or inside your Account (or any part thereof) and the barring of further use of by you of the Website, our products and services.

18. Information we collect about you

18.1. It is your responsibility to ensure that your Account details and personal information is kept up to date. We reserve the right to suspend or Terminate your Account if this information, which includes your email and password, is deemed to be offensive or inappropriate.

18.2. We process and use information about you in accordance with our Privacy Policy which forms part of these Terms of Use and contains details on the types of information we collect and what we do with it.

18.3. We are entitled to share the information we hold on you, including personal data and use of the Website, with law enforcement and other bodies, including the police, in order to investigate fraud or money laundering issues and to comply with our duties.

19. No Warranty And Disclaimers

19.1. We will endeavour to provide the Website, our products and services using our reasonable care and skill. We make no further warranty or representation, whether express or implied, in relation to the Website, our products and services. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.

19.2. We make no warranty or representation that the Website and its content will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, orthat the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Website.

19.3. The section 19.2. is also applied to our anti-cheating system and to the tournaments organized by us.

19.4. No advice or information, whether oral or written, obtained by you from or through the Website or from our products and services shall create any warranty.

19.5. You expressly understand and agree that your use of the Website, our products and services is at your sole risk. These are provided on an "as is" and "as available" basis. SzuperChess and our 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.

19.6. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using our Website, products and services. Immediately discontinue use of the Website, our products and services and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. You expressly agree and understand that we are not liable for any conditions you or anyone using your Account or accessing the Website through your internet connection may suffer as a result of accessing our Website, our products and services.

20. Reliance on material and information posted on our Website

20.1. The material displayed on our Website and in our products and services is provided without any guarantees, conditions or warranties as to its accuracy.

20.2. Commentary and other materials posted by us on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from:
(a) any reliance placed on any advertising materials by you or any visitor to our Website, or by anyone who may be informed of any of its contents; or
(b) any reliance placed on any form of advice offered by any of our employees, servants, agents or independent contractors providing services to us.

21. Interactive Services

21.1. We may from time to time provide interactive services on our Website, including, without limitation, chat rooms and bulletin boards. This is especially related, but not limited to, our anticheating software, where we are going to interact with the players in order to give them instructions or notifications.

21.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude any liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Terms of Use, whether the service is moderated or not.

21.3. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service or participating in our tournaments should be made aware of the potential risks to them.

21.4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

22. Content Standards

22.1. These content standards (the "Content Standards") apply to any and all material which you contribute to our Website ("Contribution(s)"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.

22.2. Contributions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law in Croatia and in any country from which they are posted.

22.3. Contributions must not:
(a) contain any material which is defamatory of any person.
(b) contain any material which is obscene, offensive, hateful or inflammatory.
(c) promote sexually explicit material.
(d) promote violence.
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) infringe any copyright, database right or trade mark of any other person.
(g) be likely to deceive any person.

23. Downloads And Streaming

23.1. For certain of our products and services offered through our Website, you may need to download software in order to use them and we will licence the software to you (or sub-license to you, to the extent the software is owned by a third party).

23.2. Downloads may involve placing files and installation software on the hard drive of your computer. Convenient locations for storing the software may be suggested during the download and installation procedure but it is your responsibility to store the software in accordance with the exact nature and set-up of your individual computer. We shall not be responsible for incorrect storage of the software in files/folders where it may interfere with the start up, running and third party software procedures of your computer.

23.3. We may require you to have some free space in your computer in order to store some recordings, which will be transferred to our servers later.

23.4. You shall not:
(a) interfere with, modify or reverse engineer any software provided to you by us and/or any third party, except as permitted by law; or
(b) copy or use any software, without our or the third party software providers written consent.

23.5. Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.

23.6. For certain of our products and services offered through our Website, you may need to stream video, audio and other content on to your computer. Any material streamed or otherwise viewed or listened to through the use of our Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or for any loss of data that results from viewing, listening to or otherwise accessing of any such material.

24. Uploading material to our Website

24.1. Whenever you make use of a feature that allows you to make a Contribution or upload material to our Website, or to make contact with other users of our Website, you must comply with the Content Standards (set out in clause 22) and with all provisions of the Terms of Use regarding your use of the Website, our products and services.

24.2. You warrant that any Contributions which do not comply with the Content Standards shall be a breach of these Terms of Use and that you will indemnify us for any breach of that warranty and for any consequences arising therefrom.

24.3. Any Contributions or other material you upload to our Website will be considered nonconfidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. By uploading any Contributions or other material to our Website, you are automatically deemed to have granted us a licence to use and sub-licence the same as we see fit, including for commercial purposes.

24.4. We also have the right to disclose information about you to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

24.5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. You accept that while we may adjust the format of any uploads that you make in order to optimise viewing, you continue to be liable for, and indemnify us against, any breach of intellectual property rights that subsist in the material posted.

24.6. You undertake to inform us forthwith of any claim or action brought against you for any act Contribution made by you or any material uploaded by you to our Website or for any other carried out by you on or through our Website.

24.7. If anyone brings a claim against us related to your Contributions, uploaded material, acts, content or information posted on or through our Website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You accept that a lack of knowledge concerning whether intellectual property subsists in the material you post is not a defence against liability.

24.8. We have the right (but are not obliged to) to remove any Contributions, material or posting you make on our Website if, in our opinion, such material does not comply with the Content Standards (set out in clause 22) and with all provisions of the Terms of Use regarding your use of the Website, our products and services.

25. Links from our Website

25.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).

25.2. A link from our Website does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the site reached using that link.

26. Linking to our Website

26.1. You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

26.2. Our Website must not be framed on any other sites, without our prior consent. We reserve the right to withdraw linking permission without our express written consent[1]. The website from which you are linking must comply in all respects with the Content Standards (set out in clause 22) and with all provisions of the Terms of Use regarding the use of the Website, our products and services.

27. Intellectual Property Rights

27.1. "SzuperChess" is a Trade Mark of SzuperChess j.d.o.o.

27.2. You acknowledge and agree that all intellectual property rights in our Website, its contents (including any software), the content published on it and our products and services shall remain at all times vested in us or in our licensors. These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, our products and services, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorised by us or by our licensors.

27.3. You acknowledge and agree that the material and content contained within our Website and in our products and services is made available for your personal non-commercial use only and that you may only download such material and content onto only one computer hard drive. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.

27.4. You may print off one copy and may download extracts of any page(s) from our Website for your personal reference and you may draw the attention of others to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

27.5. If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

28. IT Failures

28.1. We cannot be held responsible for any consequences resulting from the Website and our products or services not being available to for any reason or due to you being disconnected from the Website as a result due to computer malfunctions, failure of telecommunications services or internet connections or as a result of any other IT failure.

29. Breach of the Terms of Use

29.1. You agree fully to indemnify, defend and hold us, and our officers, directors, partners, employees, agents, suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses including legal fees, arising out of any breach of the Terms of Use by you or any other liabilities arising out of your access and use of the Website (or by anyone else using your Account or accessing the Website and out products and services through your internet connection).

30. Limitation of Liability

30.1. You agree that your use of the Website is at your sole risk.

30.2. Our maximum liability to you arising out of the Terms of Use, whether for breach of contract, extracontractual liablity (including negligence), or otherwise will be limited to refund fees in case some tournament is cancelled (if the player does not want to use it for other tournaments, as stipulated in section 11) and pay the prizes to the winners, as reflected in section 13.

30.3. We shall not be liable to you in contract, extracontractual liablity (including negligence), breach of statutory duty or otherwise arising for:
(a) business interruption, loss of profits, revenue, business, data, opportunity, business information or goodwill;
(b) wasted management or office time;
(c) loss of reputation; or
(d) indirect or consequential loss, arising out of, or in relation to, these Terms of Use, even if such losses are foreseeable or if we have been notified by you of the possibility of such losses.

30.4. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.

30.5. We will not be liable for any breach of the Terms of Use if such a breach is caused by a matter beyond our reasonable control, including acts of God, internet failures, computer equipment failures, cheaters, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.

31. Fraud

31.1. We reserve the right to seek criminal and contractual sanctions against you if you are involved in fraud, dishonest or criminal acts and will make such reports as necessary to the authorities.

31.2. You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.

32. Disputes

32.1. If you wish to make a query or complaint regarding the Website, our products or services, as a first step you should as soon as reasonably practicable contact us at: contact@szuperchess.com or at +34 686 12 22 03 (phone number).

32.2. If, after having dealt with a member of SzuperChess, your query or complaint is not resolved, you can ask for the query/complaint to be escalated to a manager or supervisor. Our manager/supervisor will look into your query/complaint in more detail and will contact you as soon as practically possible. You will be given the name and status of the person who your query/complaint has been referred to.

33. General

33.1. Entire Agreement. These Terms of Use and any document expressly referred to in them and any guidelines or rules posted on our Website constitute the entire agreement and understanding between you and us in relation to the subject matter of the Terms of Use and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You acknowledges and agree that in accepting these Terms of Use you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms of Use. Nothing in this clause shall operate to limit or exclude any liability for fraud, fraudulent or negligent misrepresentation. You are responsible for reading the Terms of Use and contacting us in case of questions. We are not responsible for any kind of misunderstanding regarding them.

33.2. Waiver. No delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms of Use or by law, be deemed to be or construed as a waiver of the same. Similarly, any single or partial exercise or pursuance of such right, power, privilege, claim or remedy, shall not preclude any further exercise of any of the same or the exercise of any other right, other right, power, privilege, claim or remedy.

33.3. Assignment, Transfer, etc. You may not assign, transfer, charge, licence, sub-licence or otherwise deal in your rights and/or obligations under the Terms of Use without our prior written consent. We are entitled to assign, transfer, charge or otherwise deal in our rights under these Terms of Use as we see fit.

33.4. Severability. If any of the Terms of Use are determined by any court, administrative body or other competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.

33.5. Notices. Any notices given or made under these Terms of Use shall be in writing and shall be delivered as follows:
(a) Notices to you shall be sent by email to the relevant email address provided by you when opening an Account with us or by any of the methods set out in clause 33.5(b)(i) to (iv) inclusive.
(b) If you have not opened an Account with us, notices to you shall be delivered: (i) by email to any email address you may have used to communicate with us, (ii) by phone number you may have used to communicate with us, or (iii) by Facebook, WhatsApp or any other social media platform you may have used to communicate with us (iv) by any other third person who paid for your registration in the tournament or who is related to you somehow.
(c) Notices to us shall be sent by email to: contact@szuperchess.com or to the registered address of SzuperChess j.d.o.o. at Boškovićeva ulica 2, 10000, Zagreb, Croatia.
(d) You are responsible for checking your email, including the Spam folder and similar, since our notifications may be redirected to these folders. In case we send you a notification, you are responsible for reading it. We are not liable for any kind of misunderstanding regarding this point, or if you do not read our notification.

33.6. Third Party Rights. Unless expressly stated, nothing in the Terms of Use shall create or confer any rights or any other benefits whether pursuant to the English Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and us.

33.7. No Partnership, Agency, etc. Nothing in the Terms of Use shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us nor to authorise either to act as agent for the other and neither you or us shall have authority to act in the name of or on behalf of or otherwise to bind the other in any way.

33.8. Force Majeure. Neither you nor us shall be liable to the other in respect of anything which, apart from this provision, may constitute breach of these Terms of Use arising by reason of force majeure, namely circumstances beyond the control of either you or us which shall include (but not be limited to) acts of God, terrorism, perils of the sea or air, fire, flood, drought, explosion, embargo, riots, labour strikes, civil commotion or civil authority including acts of local government and parliamentary authority, terrorist attacks, global computer viruses which affect the internet backbone.

33.9. Governing Law And Jurisdiction. The validity, construction and performance of these Terms of Use (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of Croatia. You and we irrevocably submit to the exclusive jurisdiction of the Croatia courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.

34. Legal

34.1. Prizes and personal income from services. Players agree to deal with personal income tax laws and regulation in their country of residence or under specific jurisdiction. SzuperChess and its affiliates, officers, directors, partners and employees, shall have no liability arising from failure of users to comply with application tax laws and regulations.

34.2. User age restrictions. All players of SzuperChess tournaments must comply with specific age requirements for the use of SzuperChess services under laws and regulations of their country of residence or under specific jurisdiction. Players shall note that regulation on age restriction may vary from territory to territory. While SzuperChess is committed to equal opportunities andtreatment of all users of its services, failure of users to comply with applicable regulation their country of residence or under specific jurisdiction shall be regarded as violation of Terms of Use. To comply with specific age requirements, users must be able to enter into contracts and transactions on own behalf under laws and regulations of their country of residence or under specific jurisdiction. Specific age requirement may further apply to users entering into financial transactions under laws. In some countries, age threshold to enter into contracts and/or transactions is 18 years of age as the time of entering into contracts and/or transactions By providing the consent thereof, the user acknowledges that it is aware of and complies with such specific requirements arising from national and international legislation on age restriction that it is subject to. The user further warrants and represents to SzuperChess it is permitted to use its services under applicable laws and regulations. Laws and regulation of some territories prescribe that users do not meeting age threshold under applicable regulation may still register for use the services and create SzuperChess user account provided the parental consent is obtained. In such cases users must seek parental consent. Users shall note that specific age requirements for the use of SzuperChess services may apply based on specific jurisdiction or laws and regulations of their country of residence. By providing the consent thereof, the users agree that they are aware of and comply with such specific requirements arising from national and international legislation on age restriction that they are subject to. We are not liable for any kind of misunderstanding related to the user age restrictions.