SparkChess Multiplayer Terms of Service

Acceptance of these Terms of Service is required for all players using the SparkChess®™ Multiplayer feature (the Service). These Terms of Service are a supplement to the SparkChess (the Software) End User License Agreement and to the SparkChess.com (the Website) Terms of Use. By accessing SparkChess®™ Multiplayer you agree to comply with all these terms. If you do not agree with these terms, do not access the SparkChess®™ Multiplayer.

SparkChess®™ Multiplayer is an internet service that allows you to play SparkChess®™ with other human players.

The SparkChess.com website, SparkChess®™ game and SparkChess®™ Multiplayer service are created by Armand Niculescu, who asserts all intellectual rights arising from the game. The SparkChess.com website and SparkChess®™ multiplayer service are maintained and operated by Media Division srl. The SparkChess®™ game is distributed by Media Division srl. Any and all legal responsibilities arising from the SparkChess.com website, SparkChess®™ game and SparkChess®™ Multiplayer service are with Media Division srl. “SparkChess” is registered trademark of Armand Niculescu.

Age Requirement

SparkChess®™ Multiplayer is a game intended for players of all ages. It includes certain limitations on language and game play in line with that target audience. Players younger than 18 must seek their parent’s permission before playing SparkChess®™ Multiplayer. By agreeing to the Terms of Service, SparkChess®™ Multiplayer players that are under 18 affirm that they have sought and received permission to play from their parent or legal guardian. In addition, players under 13 do not provide personal information and do not use the Chat feature.

Access

You must have access to the Internet in order to use SparkChess®™ Multiplayer. It is your responsibility to select, obtain and pay for any equipment or services necessary for access.

Registration

If you accept the terms, Media Division srl will process your registration form and establish a user account. You must select a username to identify you to other users of the SparkChess®™ Multiplayer service. You may not select as your username the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third party’s trademark right, copyright, or other proprietary right, or which Media Division srl deems in its sole discretion to be inappropriate; Media Division srl reserves the right to delete any such username. You must also select a password for your account. Media Division srl recommends that you choose a password with letters and numbers, and do not use your username as your password. The registration form will ask you for other information about yourself (“Registration Data”) .
License. Subject to all of the Terms, Media Division srl hereby grants you a personal, non-exclusive, non-transferable license to use SparkChess®™ Multiplayer Service only for your personal entertainment purposes. Media Division srl may revoke this license at any time and for any reason. Specifically, if you breach the Terms of Service we will ban your account.

Restrictions

You agree not to do any of the following prohibited actions:

  • reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner SparkChess®™ Multiplayer or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
  • permit any other person (including but not limited to a former member whose account Media Division srl has terminated) to access SparkChess®™ Multiplayer, or create or provide any other means through which the Games may be played by anyone besides you (e.g., through server emulators);
  • upload, post, email, link to, advertise or otherwise transmit through SparkChess®™ Multiplayer any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party’s proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (v) contains software viruses 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;
  • harm minors in any way;
  • impersonate another user or administrator;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through SparkChess®™ Multiplayer;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • “stalk” or otherwise harass another; or
  • collect or store personal data about another member without the express permission of such member;
  • reveal personal data about another member without the express permission of such member.
  • modify any files or use any game hacking/altering/cheating software or tools, including scripting software, or attempt to disassemble the game client and/or decipher the data transmissions between SparkChess®™ Multiplayer’s client and server.
  • engage in any disruptive behavior that negatively impacts other players.
  • play SparkChess®™ Multiplayer on any server or service that is not provided or authorized by Media Division srl.

Third Party Content

You acknowledge and agree that the Website, Service and Software contain materials owned by Media Division srl and its suppliers, and you agree not to interfere the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the Romania.

Content Monitoring

As a matter of policy, Media Division srl does not screen or monitor the content that you or other members may post to the SparkChess®™ Multiplayer.  Media Division srl does reserve the right to monitor all such content, and reserves the right to remove without notice any and all content that Media Division srl, in its sole discretion, finds offensive or otherwise objectionable. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness or utility of any content. Media Division srl makes no representations or warranties about the content appearing in SparkChess®™ Multiplayer. Under no circumstances will Media Division srl be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via SparkChess®™ Multiplayer

Mature Content

While SparkChess®™ Multiplayer is intended to be a game for all ages, it does allow for user generated content such as avatars and chat messages. As a result parts of the Website, Service and/or Software may contain adult or mature content that some users may consider offensive, indecent or objectionable.

Content Transmission

You understand that the technical processing and transmission of the Service, including your Participatory Content and Public Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Links. The Website, Service and Software may provide links to other sites for your convenience only. Media Division srl does not control, is not responsible for, does not necessarily endorse and makes no representation about the materials contained at any linked site

Your Account is Your Responsibility

You are solely responsible and entirely liable for all activities conducted through your account and/or your username, even if your account has been compromised through no fault of your own. Media Division srl encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify Media Division srl immediately in the event your password is lost, stolen, disclosed or compromised.

Privacy

You understand that you have no expectation of privacy with respect to your use of the Website, Service or Software, and that all communications made by or received from you may be monitored and by Media Division srl. You acknowledge and agree that Media Division srl will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. Media Division srl will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity. Specifically, Media Division srl may disclose information about you or your Participatory Content if Media Division srl has the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any your Participatory Content violates the rights of a third party; or (d) protect the rights, property or safety of Media Division srl, its members or the public.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.

Ownership

Media Division srl and its suppliers shall at all times retain all right, title and interest in and to the Website, Service and Software, except to the extent of the licenses granted to you. Media Division, SparkChess®™ Multiplayer and other products referenced herein are either trademarks or registered trademarks of Media Division srl.

Disclaimer of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIA DIVISION SRL, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MEDIA DIVISION SRL PROVIDES THE WEBSITE, SERVICE AND  SOFTWARE  “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE WEBSITE, SERVICE OR SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, MEDIA DIVISION SRL’S AND ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE WEBSITE, SERVICE OR SOFTWARE SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO MEDIA DIVISION SRL  UNDER THIS AGREEMENT WITHIN THE THIRTY (30) DAYS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY.

Consequential Damages

IN NO EVENT SHALL MEDIA DIVISION SRL, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT MEDIA DIVISION SRL, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEDIA DIVISION SRL, ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless Media Division srl, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement or portion hereof, you Participatory Content or Public Content or any act or omission by you relating the Website, Service or Software. Media Division srl reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
Termination. Either you or Media Division srl may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, Media Division srl reserves the right to terminate the Website, Service and/or Software, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE WEBSITE AND SERVICE WILL TERMINATE. A member whose account Media Division srl has terminated may not access the Services in any manner or for any reason without Media Division srl’ express, prior, written permission.

Amendment

Media Division srl may amend the Terms in its sole discretion at any time by posting revised Terms on the Website, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement. Your continued access and use of the Website, Service and/or Software shall constitute your acceptance of the same

Reservation of Rights

Media Division srl hereby reserves any rights not expressly granted herein.

General Provisions

You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Media Division srl’ failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Media Division srl of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Media Division srl shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Media Division srl’ reasonable control. This agreement is governed by and construed under Romanian law.

 

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