Welcome to ChessMeet, the social network for chess players! ChessMeet aims to increase the number of chess players in the world and forge relationships over the chessboard. You can use ChessMeet to find other chess players and/or coaches near you, which you can filter by demographics and location. Terms of Use Last Updated: July 12, 2023 These Terms of Use (“Terms”) govern your use of our website and mobile application located at chessmeetapp.com and our features, applications and technologies provided on our mobile application (“Services” or “App”), which is operated by ChessMeet LLC (“ChessMeet,” “we” or “us”). By using our Services, you agree to comply with these Terms. Our Services are only authorized for use by individuals who are at least 18 years of age. Therefore, by using the Services, you represent and warrant that you are at least 18 years of age. If you do not agree to these Terms, you may not use our Services. We may modify these Terms at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use ChessMeet’s Services. 1. Our Services. ChessMeet is a new way to connect and meet other chess players! ChessMeet aims to build a community of chess players who seek to make new friends while improving their craft and chess skills using the App. 2. Our House Rules. In order to provide you a safe and open community, we require all users to follow our house rules when using our Services: In order to provide you a safe and open community, we require all users to follow our house rules when using our Services: • Don’t Break the Law. You are responsible for understanding and complying with all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of our Services. Use of ChessMeet’s Services, and in particular, our App in any way that violates the law, including applicable intellectual property and privacy laws, as well as local, state, federal, and international laws prohibiting fraud, theft, anti-competitive conduct, harassment, threatening conduct, or any other unlawful acts or crimes against ChessMeet, another ChessMeet user, or a third party is strictly prohibited. • Be Respectful. Even if your conduct is not unlawful, you may not use ChessMeet’s Services to harass, threaten, intimidate, or impersonate someone else or otherwise attempt to mislead others as to your identity. In particular, do not use ChessMeet’s Services for any of the following conduct: i. Encouragement or incitement of any terrorism, violence and hate speech; ii. Encouragement of discrimination or harassment based on race, sex, religion, nationality, disability, sexual orientation, age or any other category; iii. Commit any crime or to harass, threaten or invade the privacy of any person, or to cause property damage or personal injury iv. Facilitation of fraud, human trafficking and other illegal behavior that would constitute, encourage or provide instructions for a criminal offense The list above is only illustrative and ultimately, ChessMeet may deem, in its sole and lawful discretion, additional types of conduct to be objectionable and terminate Services to the user based on such. • Be Honest. You may be required to provide proof of identity or other documentation to access or use the Services and you acknowledge and agree you may be denied access to the Services for failure to comply with such requests. You may not share your account login credentials with others or let others impersonate you on our platform. • Don’t Steal. You may not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services or to reverse engineer or attempt to obtain the source code of the Services. You also agree not to reproduce, duplicate, copy, modify, sell, re-sell or exploit any content from our Services for any commercial, educational, or any other non-personal purpose or for any purpose unrelated to your business, without our express written consent. • Don’t Try to Harm Our Systems. Don’t upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. If we believe you are misusing our Services or violate these Terms in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your use and access to our Services. 3. User Content. As between you and ChessMeet, the content that you post to or through our Services (“User Content”) is yours and we don’t make any claim to it, subject to you granting ChessMeet a worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to access, use, process, copy, distribute, perform, export, and display your User Content solely to the extent necessary to provide, support, improve, and promote our Services. You are solely responsible for your User Content and represent that you have all necessary rights to upload your User Content to our Services. ChessMeet does not endorse and is not responsible or liable for any information provided through the Services by other users. You agree that should you use or rely on anything you receive through our Services, ChessMeet is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. You should make whatever investigation or other resources that you deem necessary or appropriate before completing a transaction through the Services. 4. Disclaimer. ChessMeet provides educational and informational resources that are intended to help you succeed and have fun while playing chess. By using our Services, you acknowledge that you are solely responsible for any actions that you agree to take while using the Services, including the engagement of a coach. CHESSMEET IS NOT RESPONSIBLE FOR DETERMINING THE QUALITY, SKLLS OR CERTIFICATION(S) OF ANY USER OF OUR SERVICES IDENTIFYING AS A “COACH.” CHESSMEET DOES NOT ENDORSE ANY PARTICULAR PERSON AS A COACH, NOR DOES CHESSMEET REPRESENT THAT ANY INFORMATION PROVIDED BY ANY PERSON USING THE SERVICE IS ACCURATE OR ERROR FREE. It is your responsibility to conduct your own investigation and make your own determination about any coach you find using our Services. 5. Disputes with Other Users and Third Parties. If you have a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. We are not responsible for the behavior of ChessMeet users or other third parties. You agree to release us from any and all liability for or relating to any interactions or dealings with another user or third party. 6. Termination. We have the right, but not the obligation, to monitor our Services to determine compliance with these Terms, and any other operating rules or policies we have established and to satisfy any law, regulation or authorized government request. We have the right in our sole discretion to remove any User Content submitted to or posted on our Services. We reserve the right to restrict, suspend, or terminate your access if you misuse our Services or if you violate these Terms or for any other reason at our sole discretion. 7. Geographic Restrictions. ChessMeet is based in the State of New York in the United States and is subject to the laws of the U.S. Our Services are intended primarily for persons and entities located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 8. ChessMeet’s Intellectual Property Rights. The Services and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) comprising or relating to our App or our Services are owned by ChessMeet, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services (including the App). All third party trademarks (including logos and icons) referenced by ChessMeet remain the property of their respective owners. Unless specifically identified otherwise, ChessMeet’s use of third party trademarks does not indicate any relationship between ChessMeet and the owners of these trademarks, nor an sponsorship, or endorsement of third party products by ChessMeet.. All references by ChessMeet to third party trademarks are to identify the corresponding third party goods and/or services and/or intended to constitute nominative fair use under applicable trademark laws. 9. Governing Law. New York law governs these Terms, without regard to the conflict of laws provisions. We make no representation that our Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Services, you agree to do so subject to the laws of New York and the United States. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 10. Modifications and Interruption to App. You acknowledge and accept that ChessMeet doesn’t guarantee continuous, uninterrupted, or secure access to our Services and operation or use of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. ChessMeet shall not be liable for any modifications, interruptions, outages, downtimes or disruptions to our Services. ChessMeet reserves the right to modify or discontinue our Services with or without notice. 11. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER CHESSMEET, NOR ITS AGENTS, REPRESENTATIVES, LICENSORS, AFFILIATES, OR RELATED COMPANIES (OR ANY OF THEIR RESPECTIVE EMPLOYEES OR SERVICE PROVIDERS) (COLLECTIVELY, THE “CHESSMEET PARTIES”) REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES AND/OR THE SERVICES OF ANY THIRD PARTY OR USER OF THE SERVICES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY. NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. IN ADDITION, WITHOUT LIMITING THE FOREGOING, CHESSMEET MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND REGARDING, WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SERVICES AS A COACH OR PLAYER OF CHESS. 12. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CHESSMEET OR ANY OF THE CHESSMEET PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE CHESSMEET PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD WILL, LOSS OF USE, OR MALFUNCTION ARISING OUT OF OR RELATED TO THE SERVICES WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CHESSMEET OR ANY OF THE CHESSMEET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. IN NO EVENT SHALL THE CHESSMEET PARTIES’ LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT OF FEES A USER HAS PAID TO IT PURSUANT TO THE TERMS OVER THE TWELVE (12) MONTH PERIOD PRECEDING THE RELEVANT CLAIM. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 13. Indemnification. You agree to indemnify and hold the ChessMeet Parties harmless from any claim or demand, including reasonable attorneys’ fees and costs, arising from claims made by any third party against any of the ChessMeet Parties relating to: (i) your use or misuse of, or inability to use the Services; (ii) your infringement of any intellectual property or related rights; (iii) your violation of these Terms or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other users; or (v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by ChessMeet in the defense of such claims. ChessMeet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users. This indemnification section shall survive your termination of or cessation of use of our Services. 14. Third-Party Sites and Linked Content. ChessMeet may include links to other sites on the internet that are owned and operated by third parties. You acknowledge that ChessMeet isn’t responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we aren’t responsible therein. ChessMeet encourages you to review terms of use and privacy policies of third-party sites. 15. Miscellaneous. If any provision of these Terms are deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected and shall remain valid and enforceable to the fullest extent under law. You agree that these Terms and any other agreements referenced herein may be assigned by ChessMeet, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your access and use of the Services. We may revise and update these Terms at any time. Review our Terms periodically for changes. Your continued use of the Services will mean you accept the revised Terms. 16. Contact Us. If you have any questions or comments regarding our Services or these Terms, please contact us and we will send you a response. You can email us at playchess@chessmeetapp.com Thanks for using ChessMeet!