April 20, 2011 12:37

Terms & Conditions


These Terms and Conditions shall apply to Your use of the website located at www.chessvibes.com and shop.chessvibes.com ("the ChessVibes Site"). By using the ChessVibes Site You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You should not use the ChessVibes Site. Where these Terms and Conditions are inconsistent with the terms and conditions attached to your registration with ChessVibes (if applicable) these Terms and Conditions shall prevail. We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the ChessVibes Site will be deemed an acceptance of the terms existing at that time. As part of Our commitment to ensuring the ChessVibes Site is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Feedback Form on the ChessVibes Site.

1. Definitions

"You" means you, the user of the ChessVibes Site and "Your" shall be interpreted accordingly. "We/Us" means ChessVibes, Amsterdam, The Netherlands and "Our" shall be interpreted accordingly. "ChessVibes Site" shall have the meaning as set out above. "User Information" means the personal details which may be provided by You to Us via the ChessVibes Site. "Users" means the users of the ChessVibes Site collectively and/or individually as the context admits. "Website" means a site on the World Wide Web

2. Acceptable Use

You agree that any use by You of the ChessVibes Site shall be in accordance with the following conditions:
2.1 You will not post or transmit through the ChessVibes Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
2.2 You will not post or otherwise make available on the ChessVibes Site any material which You do not own without the express permission of the owner of the material.
2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the ChessVibes Site except as is strictly necessary for Your own personal non-commercial home use.
2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the ChessVibes Site.
2.5 You will not do anything that affects the operability or security of the ChessVibes Site or causes unreasonable inconvenience or offence or disruption to our staff.
2.6 You will abide by our house rules.

3. House rules

We want you, the chess fans, to enjoy the discussion and make them a forum for intelligent and vigorous debate. Therefore, we ask you not to post comments which:

  • make unfounded or unproved allegations (especially of wrongdoing) against a person, organisation or group;
  • contain swear words or language which may offend. This may include swear words with asterisks replacing some letters;
  • break the law, or encourage/support breaking the law. This includes libel, contempt of court and breach of copyright;
  • have as the only purpose to advertise goods, websites, blogs or services;
  • include URLs of third party websites which may contain offensive or illegal material;
  • are racist, sexist, homophobic, abusive or otherwise objectionable;
  • include personal details (yours or someone else's such as phone numbers and addresses);
  • are made to appear as if they have been posted by someone else (impersonation);
  • are written in anything other than English;
  • are repeated more than once (spam);
  • deviate wildly from the topic of the thread or blog.

Anyone who submits material which breaks these rules may be banned from contributing in the future. Repeatedly posting personal or offensive comments about individual members of the public or people who work for ChessVibes may be considered harassment. We reserve the right to remove such messages and take action against those responsible.

4. Third Party Websites

4.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the ChessVibes Site.
4.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
4.3 Any dealings between You and any third party advertisers or merchants found on or via the ChessVibes Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. Where You purchase goods or services directly from Us, section 7 of these terms and conditions will apply.

5. Intellectual Property

5.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the ChessVibes Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
5.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
5.3 You acknowledge that by posting materials on the ChessVibes Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the ChessVibes Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.

6. Liability for and information provided on the ChessVibes Site

6.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
6.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the ChessVibes Site, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
6.3 We will endeavour to provide the ChessVibes Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the ChessVibes Site and do not promise that the material contained in the ChessVibes Site, or any of the functions contained in the ChessVibes Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
6.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the ChessVibes Site.

7. Purchasing at our Shop

Your details
When You register with ChessVibes.com, You will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep Your password safe and not disclose it to anyone. You should change it immediately if You feel it has been compromised.

If any of Your details change, such as Your credit card billing address, You must inform ChessVibes as soon as possible. You may update Your details by signing into Your account on ChessVibes website, and update Your personal data.

The contract between Us
Any contract for purchases made through ChessVibes.com will be with ChessVibes (details below). ChessVibes must receive payment of the whole of the price for the goods that You order before Your order can be accepted, and the contract formed. Payment is taken at the point of order. Once payment has been received ChessVibes will confirm that Your order has been received by sending an email to You at the email address You provide. The order confirmation email will include Your name, the order number and the total price. ChessVibes acceptance of Your order brings into existence a legally binding contract between Us on these terms. Any term sought to be imposed by You in Your order will not form part of the contract.

ChessVibes is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that You have ordered, We will contact You as soon as possible by email. This will be to inform You of the correct price of the goods, and to ask You if You wish to continue with the order at the amended price, or to cancel the order altogether.

ChessVibes.com is for personal and non-commercial use. You may not use the site to place orders which will be, or are being, sold on to a third party. If You are suspected of using the site in this way then We reserve the right to withdraw from the contract and cancel Your orders.

Withdrawal by You from the contract
If You are an individual and are not buying goods on behalf of a business, there are certain circumstances in which You may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.

You may withdraw Your order for goods at any time up to the end of the seventh calendar day after You have bought the goods. You do not need to give ChessVibes any reason for withdrawing Your order nor will You have to pay any penalty.

To withdraw Your order You must notify ChessVibes via email to shop@chessvibes.com. In case of a subscription service, Your subscription will be terminated as such. In case of a downloadable file, You may only withdraw from the contract when You have not downloaded the item yet; i.e. clicked on the download link. ChessVibes keeps the right to track the number of clicks by You.

Once You have notified ChessVibes that You are withdrawing Your order, any sum debited to ChessVibes from Your credit card will be re-credited to Your account as soon as possible and in any event within 30 days of Your order.

Multi-buy offers
Promotions apply to listed titles only, which are subject to change. If You choose to purchase a product from a multi-buy offer, but do not purchase enough products to qualify for the special discount, the product will be charged at the normal price.

Value Added Tax (VAT)
All prices displayed on ChessVibes website are inclusive of Dutch VAT. Goods sold by ChessVibes to customers outside of the European Union are not subject to EU VAT. The price, VAT and total price will be declared in the checkout.

If the goods ChessVibes delivers are not what You ordered or the delivery is of an incorrect quantity, ChessVibes shall have no liability to You unless You notify ChessVibes via email of the problem within ten working days of the delivery of goods in question. If You do not receive goods ordered by You within 30 days of the date on which ypu bought them, ChessVibes shall have no liability to You unless You notify ChessVibes via email of the problem within 40 days of the date on which the goods were dispatched to You.

If You notify a problem to ChessVibes under this condition, ChessVibes only obligation will be, at its option, to make good any shortage or non-delivery; or to refund to You the amount paid by You for the goods in question to the original method of payment, unless such method is no longer valid in which case ChessVibes e-coupons will be issued to the value of the refund due.

ChessVibes will not be liable to You for any indirect or consequential loss or damage arising out of any problem You notify to ChessVibes under this condition and ChessVibes shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the goods in question as mentioned above.

Nothing in this condition is, however, intended to limit any rights You might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit ChessVibes liability to You for any death or personal injury resulting from its negligence.

Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.

Force Majeure
ChessVibes shall have no liability to You for any failure to deliver goods You have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

If any part of these conditions is unenforceable (including any provision in which ChessVibes excludes its liability to You) the enforceability of any other part of these conditions will not be affected.

ChessVibes operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If You have a complaint, please contact Us at shop@chessvibes.com.

Governing Law
The contract between Us shall be governed by and interpreted in accordance with Dutch  law, and the Dutch courts shall have jurisdiction to resolve any disputes between Us.

Entire Agreement
These terms and conditions, together with the current ChessVibes website prices, delivery details and ChessVibes contact details, set out the whole of our agreement relating to the supply of the goods to You by ChessVibes.

The nature of Internet communications means that Your communications may be susceptible to data corruption, interception and delays. ChessVibes shall not be responsible for any detrimental reliance You place on this website or its contents.

ChessVibes is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, ChessVibes makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of ChessVibes howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.

Neither ChessVibes nor any of its representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Our website may contain hyperlinks. These hyperlinks connect You to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, We have no control over any of the information You can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of ChessVibes.

Copyright notice
All design, text, graphics and the selection or arrangement thereof are the copyright of ChessVibes, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with ChessVibes, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of ChessVibes is strictly prohibited.

Trade marks
ChessVibes and ChessVibes logo are registered trademarks. All other trademarks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by ChessVibes in respect of the use of its or any such other trademarks, product names, titles or logos and such use may constitute an infringement of the holder's rights.

8. Privacy

8.1 We shall comply with all applicable Dutch data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
8.2 You may be asked to input information about yourself on different pages of the ChessVibes Site. We will not use the information You provide to Us for any purpose that is not set out in Our Privacy Policy, other than as stated at each location where such information is requested.
8.3 Please use the Feedback form on the ChessVibes Site to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.

9. Safety

We give Our ongoing commitment to ensuring through Our policy of safety that You can use the ChessVibes Site with confidence. When using the ChessVibes Site, in particular any bulletin boards or chat forums, You should always take the following precautions:
9.1 keep Your identity private. Do not give out Your postal address, telephone number, email address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
9.2 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.

10. Indemnity

If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the ChessVibes Site.

11. Termination

We reserve the right immediately to terminate Your use of the ChessVibes Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.

12. Feedback

Should You wish to make any comments to Us about the ChessVibes Site or if You have any questions relating to the same please contact Us using the Feedback Form on the ChessVibes Site.

13. General

13.1 Invalidity etc. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
13.2 Governing Law. These terms and conditions and the ChessVibes Site are governed by Dutch law. Disputes can be dealt with by the Dutch courts.
13.3 Third Party Rights. These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.

14. Corporate Information

ChessVibes, P.O. Box 15400, 1001 MK Amsterdam, The Netherlands is registered at the Dutch Chamber of Commerce under number 34267073 and VAT registered under number NL1879.03.414.B01.

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