SparkChess Terms & Conditions

By viewing or accessing SparkChess®™ website, the SparkChess®™ game or the SparkChess®™ Multiplayer Service you expressly agree to the Terms and Conditions detailed below.

This Terms of Use, the Privacy Policy and Multiplayer Service Agreement, are all part of the Terms and Conditions and are only visually separated to make it easier for you to read.

Parties

The SparkChess.com website (The Website), SparkChess®™ game (The Game) and SparkChess®™ Multiplayer Service (The Multiplayer Service) are created by Armand Niculescu, who asserts all intellectual rights arising from the game. “SparkChess” is registered trademark of Armand Niculescu. The SparkChess®™ website and Multiplayer Service are maintained by Media Division srl and the SparkChess®™ game is distributed by Media Division srl. As such, this Agreement is between you and Media Division srl (The Company).

Terms of Use

Your use of The Website, The Game or the Multiplayer Service signifies your acceptance of these Terms and Conditions and constitutes a legally binding acceptance of this agreement. If you do not agree to these conditions you are not allowed to access or use The Website, The Game or the Multiplayer Service.

Purchases

The Game is available for purchase on sparkchess.com as downloadable fully-functional product for Windows and Mac OS X operating systems. The currently supported payment methods are Visa, Mastercard, Maestro, Discover and PayPal. Through PayPal it’s also possible to pay without an account, with Visa, Mastercard, Amex or Discover. The credit card payments are processed by leaders in electronic payments, Braintree and/or PayMill. We do not have access to, store, transmit or process your card info – everything is handled by the payment processor. We are PCI DDS3 compliant. If you pay with your card, the name on the bank statement will be “SPARKCHESS Sibiu” or similar, depending on the bank. If you pay with your card via PayPal, the name on the bank statement will be “PAYPAL*SPARKCHESS”.

Upon completion of a purchase, customers receive by email a download link for the purchased product and a Transaction ID for future reference. Invoices can be generated upon request.

Premium Live Subscriptions

SparkChess Premium Live is a service that allows customers to enjoy the full features of The Game right in their browser. Purchasing a Premium Live subscription works the same way as purchasing a downloadable version, except that customers are instructed to create a Premium Live account.

Premium Live customers are granted a personal, non-exclusive, non-transferable license to use The Game only for their personal entertainment purposes. Customers who share or abuse their Premium Live Accounts may have their account terminated.

The Premium Live service requires an Internet connection and a modern browser such as Internet Explorer 10 or newer, Edge Browser or the latest versions of Chrome, Firefox, Safari. It is customer’s responsibility to select, obtain and pay for any equipment or services necessary for access.

Refunds

If you don’t like The Game or are unable to install and play it, we’ll give you a full refund if you make the request within 30 day from the date of purchase. We only ask you to let us know what you didn’t like about it, or – if you can’t install/run it – to let us try to help you.

If you bought The Game by mistake, or simply changed your mind, you can get a full refund within 14 days, as long as the game wasn’t downloaded. No questions asked. This is a EU requirement for EU citizens, but we’re extending it for everybody, no matter where you’re from.

If you bought the wrong version, for example you wanted the PC version but bought the Mac one instead, we’ll replace it free of charge, as long as you make the request within three working days from the purchase date.

This refund policy applies only for purchases from The Website. If you have purchased The Game from another online store including without limitation Apple AppStore or Google Play, you must request a refund from the store you purchased The Game from, subject to the store refund policy.

Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARMAND NICULESCU, 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. THE WEBSITE, SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE WEBSITE, SERVICE OR SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, ARMAND NICULESCU’S, 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 THIRTY (30) DAYS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY.

IN NO EVENT SHALL ARMAND NICULESCU, 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 ARMAND NICULESCU, 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.

Links

The Company accepts no responsibility for the links to or from The Website and the inclusion of these links does not mean that we endorse the material or content of these sites.

Advertisments

The Company accepts no responsibility for any third party advertisements that may appear on The Website.

Jurisdiction

The laws of the Romania govern this agreement, without giving effect to conflict of laws provisions. The courts of the Romania have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.

European customers have the option of checking the European Online Dispute Resolution. In addition, customers may check the Romanian National Authority for Consumer Protection here.