December 28, 2016 pauladmin

Terms of Service

IMPORTANT!  THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS THE “AGREEMENT”) GOVERN YOUR USE OF THE WEBSITE (AS DEFINED BELOW).  By accessing THIS site, you are indicating your acknowledgment and acceptance of these terms OF USE.  (YOU MAY ALSO HAVE ACCEPTED THESE terms AND CONDITIONS IN OTHER WAYS.)  THESE terms OF USE ARE SUBJECT TO CHANGE BY TENSOR CHESS, LLC AT ANY TIME IN ITS DISCRETION.  YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE terms OF USE REGULARLY.

********

 

TERMS OF USE /  Условия использования веб-сайта

Introduction

Welcome to the Tensor Chess Website. The Tensor Chess Website is comprised of various web pages operated by Tensor Chess, LLC, a Michigan limited liability company (“Tensor”).  The Tensor Chess Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Tensor Chess Website constitutes your agreement to all such Terms.

Contact Us

Tensor welcomes your questions or comments regarding the Terms:

Tensor Chess, LLC

 

  1. DEFINITIONS

“Application” means the Tensor Chess Application.

“Content” means, without limitation, hyperlinks, text, graphics, photos, illustrations, images, video and music or other audio clips that are accessible from the Tensor Chess Website (e.g., that may be displayed on, downloaded from, uploaded to, the Tensor Chess Website).

“Member” means a User who has registered to use the Application and the Tensor Chess Website.

“Premium [or VIP] Member ” means a Grand Master who has been authorized for VIP Membership by Tensor pursuant to a separate agreement between the Grand Master and Tensor or anyone else specifically designated by Tensor as a Premium [or VIP] Member.

“Tensor” means Tensor Chess, LLC, and any and all related entities, members, and their respective officers, employees, affiliates, agents and licensors.

“Tensor Chess Website,” “Website,” or “Site,” means all websites, and all subsequent pages made available by or through such websites, owned or operated by Tensor.  Please note, however, that the Tensor Chess Website may contain links to third party sites.  Once such a third party link has been accessed, a user is no longer accessing the Tensor Chess Website. Tensor is not responsible for your access or use of third party sites.

“User” means a person who uses, or who has registered to use, the Tensor Chess Website.

“You” and “Your” means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.

  1. YOUR USE OF THE TENSOR CHESS WEBSITE
  2. Your use of the Tensor Chess Website shall be governed exclusively by this Agreement.
  3. The Tensor Chess Website includes original works of authorship (includ­ing, but not limited to, derivative works based on graphical scans or typed text of public domain ma­terials) that are both proprietary and intellectual properties of Tensor or its suppliers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws.

(1) Copyright.  All Content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tensor, its suppliers, or their respective licensors and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of Tensor and protected by U.S. and international copyright laws. All software used on this site is the property of Tensor, its suppliers, or their respective licensors, and is protected by United States and international copyright laws.   The respective owners and licensees of any copyrights included in the Website retain and reserve all of their rights related to such copyrights.

(2)  Trademark.  “Tensor” is a registered service mark of Tensor Chess, LLC with all rights reserved. The Tensor Chess Website may include this and other registered or unregistered trademarks or service marks of Tensor, its suppliers, or their respective licensors.  The respective owners and licensees of any marks included in the Website retain and reserve all of their rights related to such marks.

(3)  Patent.  One or more patents may apply to the Tensor Chess Website and to the features and services accessible therein, including U.S. and foreign patents. Moreover, Tensor has various patents pending.

(4)  Trade Secret.  The Tensor Chess Website may contain software or other information that is confidential and proprietary to Tensor, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries.  As part of Tensor’s efforts to maintain the secrecy of such information, You are prohibited from decompiling, reverse engineering and/or disassembling any portion or the whole of the Tensor Chess Website.

  1. Tensor grants to You a personal, limited, revocable, non-exclusive and non-transferable license to:

(1) Use the Tensor Chess Website as provided herein, until this Agreement is terminated;

(2)  Access, load, store and operate the Tensor Chess Website with browser software; and

(3)  Display, download and print portions of the Tensor Chess Website to investigate and/or purchase product(s) and/or service(s), subject to the limitations in this Agreement.

  1. Notwithstanding the above, you shall NOT:

(1)  Decompile, reverse engineer, disassemble and/or create derivative works from the Tensor Chess Website;

(2)  Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations, if any, contained on or within the Tensor Chess Website;

(3)  Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Tensor Chess Website to any third parties;

(4)  Use the Tensor Chess Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the Tensor Chess Website, except that if you register as a Member or Premium Member you are permitted to post Content in a manner that is otherwise consistent with this Agreement;

(5)  For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Tensor Chess Website or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;

(6)  Store the accessed, used, or downloaded Tensor Chess Website in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;

(7)  Assign, rent, lend, lease, sell, redistribute, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, re­verse engi­neer, decompile, disas­semble, extract components or create derivative works of the Tensor Chess Website; or

(8)  Remove, modify, hide or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on or within the Tensor Chess Website, com­ponent thereof or output there from.

(9)  (a) Co‑brand the Tensor Chess Website, (b) frame the Tensor Chess Website, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of Tensor.  For purposes of this Agreement, “co-brand” or “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.  You agree to cooperate with Tensor in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

  1. You agree not to use the Tensor Chess Website to engage in any prohibited conduct. In general, prohibited conduct is any conduct that would be a criminal, civil or administrative violation of any applicable local, state, federal or international law, treaty, court order, ordinance, regulation or administrative rule. Prohibited conduct is also any conduct that is infringing, tortious or that is harmful to Tensor or any other party or property; that violates another party’s intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property including the Tensor Chess Website.

Prohibited conduct includes, without limitation, using the Tensor Chess Website to (i) intercept, divert or otherwise interfere with any communication; (ii) violate the security or integrity of, or gain unauthorized access to, the Tensor Chess Website or any other service, system or communication; (iii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iv) send “spam”, chain letters, or other unsolicited communications to any party; (v) create a “mail drop” for such communications, or engage or permit email relay services; (vi) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting one’s identity or affiliation in any way or forge, delete or alter any part of TCP/IP packet header or sender identification in any communication; (vii) commit fraud; (viii) harass or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (ix) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (x) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (xi) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability; (xii) send or receive material containing defamatory, false or libelous material; (xiii) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; (xiv) send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xv) engage in conduct that would expose Tensor to civil or criminal liability; (xvi) assist others in engaging in prohibited conduct.  This list is not intended to be exhaustive.

  1. The Tensor Chess Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Tensor Chess Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement, and may be a violation of the United States Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.
  2. Links to and from other websites: The Tensor Chess Website contains links to other websites, and other websites may contain links to the Tensor Chess Website, such websites not being owned by, or under the direct control of, Tensor (“Linked Websites”).  The Linked Websites are not under the control of Tensor, and Tensor does not endorse, and is not responsible for, the functionality of the links to or from, Content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website.   Tensor is not responsible for licensing to You any Content or application provided by or through a Linked Website, and Your use of Content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website.  You use Linked Websites, and links to and from any third party website, at Your sole risk.  For example, Tensor is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website.  Tensor provides links to You only as a convenience.
  3. Tensor may use any actions performed on the Tensor Chess Website and Content posted to the Tensor Chess Website by Users to improve the Tensor Chess Website, the use including, but not being limited to, collection, storage, display, aggregation, summarization, and any other processing of the posted Content or performed actions.
  4. You hereby grant to Tensor the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information communicated to Tensor through this site, including without limitation data collected from You by the Application (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. In general, unless an exception is noted when a Submission is made or in a separate agreement between You and Tensor relating to a particular Submission, or unless an exception exists under applicable law, regulation, or Tensor’s Privacy Policy, Tensor will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Tensor operations.
  5. Accounts.

(1)       When you set up an account with Tensor (the “TC Account”) either through the Tensor Chess Website or the Application, you are required to enter a valid email address, a username and a password and your country of residence.

(2)       Each User who uses such username and password will be deemed to be authorized to access and use Tensor Chess Website and/or the Application and Tensor has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE TENSOR CHESS WEBSITE AND APPLICATION BY ANYONE USING YOUR USERNAME AND PASSWORD WHETHER OR NOT SUCH ACCESS TO AND USE OF THE TENSOR CHESS WEBSITE AND APPLICATION IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.

(3)       You are solely responsible for protecting the security and confidentiality of Your username and password. You shall immediately notify Tensor of any unauthorized use of Your username and password, or any other breach or threatened breach of the Tensor Website’s security.

  1. The Application may include fictional credits or currency (“Virtual Currency”) such as points that may be obtained through in-game achievements or purchased with “real world” money through a third party service provider such as Apple, Google or Windows. Virtual Currency may be used to purchase virtual, in-game peripherals (“Virtual Goods”) through Your separate account with the third party service provider where you downloaded the Application. Tensor does not handle the transactions for any Virtual Currency or Virtual Goods. Tensor is not responsible or liable to You for any credit card or bank-related charges and fees related to your transactions on the Tensor Chess Website or Application through third party service providers. All such transactions are administered by a third party service provider. Tensor expressly disclaims any liability for any such transactions, and You agree that your sole avenue of recourse regarding such transactions is through such third party service provider. When purchasing Virtual Currency or Virtual Goods in the Application, you are bound by the applicable third party service provider’s terms of service or use.

 

The Virtual Currency is licensed to You under these Terms, and is not redeemable for any sum of money or monetary value from Tensor or any other person or entity at any time. Virtual Currency and Virtual Goods have no cash value.  Transfers of Virtual Currency or Virtual Goods outside of the Application are strictly prohibited. You may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Application. You also agree that all sales of Virtual Currency and Virtual Goods are final unless otherwise detailed in the applicable third party service provider’s terms of service or use. No refunds will be given by Tensor. Other than a personal, limited, revocable, non-exclusive and non-transferable license to use Virtual Currency and Virtual Goods on and in the Tensor Chess Website and Application, You have no right, title or ownership in or to any such Virtual Currency or Virtual Goods. In the event that Your TC Account is terminated or suspended for any reason, in Tensor’s sole and absolute discretion, or if Tensor discontinues the Application, You forfeit any and all Virtual Currency and Virtual Goods and such Virtual Currency, Virtual Goods and Your TC Account shall have no value. Tensor has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Tensor shall have no liability to You or anyone for the exercise of such rights.

 

Tensor reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your TC Account. Tensor further reserves the right, in its sole discretion, to determine the amount of Virtual Currency credited and debited from Your TC Account in connection with your use of the Tensor Chess Website, the Application,  and/or purchase of Virtual Goods.

 

  1. UNITED STATES DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICES

DMCA Notice.  If you believe that Your work has been copied in a way that constitutes copyright infringement, please send written notification to our Designated Agent.  Your written notification must include the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the material you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-Notices.  If You believe that material You contributed to the Tensor Chess Website has been improperly removed and You wish to make a counter-notification under the DMCA, You must provide written notification to our Designated Agent that includes substantially the following:

 

  • Your physical or electronic signature.

 

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

 

  • A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

  • Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which Tensor may be found, and that You will accept service of process from the person who provided notification of claimed infringement, or an agent of such person.

 

Send notices and counter-notices to Tensor’s DMCA Agent.  DMCA notices and counter-notices must be provided in writing to:

RANDOLPH WRIGHT

BERRY MOOMRAN P.C.

255 E. BROWN ST.  #320,

BIRMINGHAM, MI

You should only send notice or counter-notices of potential copyright infringement to our Designated Agent. For all other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), please contact us through our contact page.

Under the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or that the material or activity was removed by mistake may be subject to liability.

  1. YOUR REPRESENTATIONS & WARRANTIES

You represent, warrant and covenant that:

  1. You are at least 13 years old or older.
  2. You are entering this Agreement with a sound mind and not under duress or emotional distress.
  3. Any information that You have or shall provide to Tensor through the Tensor Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone other than Yourself.  You shall not impersonate any other individual or entity.
  4. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Tensor Chess Website and with respect to any product or service related thereto.
  5. You shall not use the Tensor Chess Website to infringe, misappropriate or violate any rights of Tensor and/or any third party, including, but not limited to any User of Tensor or any entity associated with or visiting the Tensor Chess Website.
  6. You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein. Modifications are addressed in Section 6 below.
  7. You are the owner or permitted licensee of any Content that you upload or provide to the Tensor Chess Website, and have the complete right and ability to provide such Content to the Tensor Chess Website according to the terms of this Agreement. Further, You will not violate any agreement you have with any other party by uploading or providing Content to the Tensor Chess Website.

 

  1. PRIVACY

With respect to information collected through the Tensor Chess Website, Tensor shall adhere to the Privacy Policy , which is fully incorporated into and made a part of these Terms of Use.

  1. MODIFICATIONS
  2. To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Tensor Chess Website, or linked to in the Tensor Chess Website, at any time.  No notice is required for any such modification.  Any modification is effective immediately upon posting to the Tensor Chess Website.  Your continued use of the Tensor Chess Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s).  Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Tensor Chess Website.
  3. To the Tensor Chess Website. We have the right to modify, suspend or discontinue the Tensor Chess Website or any portion thereof at any time, including the availability of any area of the Tensor Chess Website without notice. We may also impose limits on certain features and services or restrict Your access to parts or all of the Tensor Chess Website without notice or liability.
  4. To the Application. We have the right to modify, suspend or discontinue the Application or any portion thereof at any time, including the availability of any feature of the Application without notice.  We may also impose limits on certain features and or restrict Your access to parts or all of the Application without notice or liability.

 

  1. In addition to our right to make modifications to the Tensor Chess Website and Application as set forth above, Tensor reserves the right, for any reason or no reason at all, and in our sole discretion, to modify or remove any Content, you have provided to the Tensor Chess Website and/or the Application.

 

  1. CONTESTS/PROMOTIONS

From time to time, Tensor may conduct contests or promotions through the Tensor Chess Website.  Participation in such contests or promotions will be subject to the posted rules governing the applicable contest or promotion.

  1. Disclaimer of Warranties

WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.  WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE TENSOR CHESS WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE TENSOR CHESS WEBSITE, INCLUDING THE SERVERS ON WHICH THE TENSOR CHESS WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION WILL NOT BE DISCLOSED, OR (D) INFORMATION PROVIDED IN THE TENSOR CHESS WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE.  YOU ACKNOWLEDGE THAT TENSOR PROVIDES LISTINGS AND LINKS FOR THIRD PARTY CONTENT; TENSOR MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SUCH THIRD PARTY CONTENT, INCLUDING THE QUALITY OR QUANTITY OF SUCH THIRD PARTY CONTENT LISTED OR LINKED TO ON OR FROM THE TENSOR CHESS WEBSITE.

  1. LIMITATIONS ON LIABILITY

USE OF THE TENSOR CHESS WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE TENSOR CHESS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION.   TENSOR SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OR DELIBERATE ACTION OF TENSOR.  TENSOR SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE TENSOR CHESS WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS’ FEES, DAMAGES FOR LOSS OF PROFITS OR LOSS OF BUSINSESS, LOST DATA, DAMAGE CAUSED TO YOUR HARDWARE OR SOFTWARE, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSVIE REMEDY FOR ANY DISPUTE WITH TENSOR ARISING OUT OF OR RELATED TO THE TENSOR CHESS WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE TENSOR CHESS WEBSITE IS TO STOP USING THE TENSOR PRODUCTS AND/OR SERVICES AND, IF YOU HAVE CREATED AN ACCOUNT, TO CANCEL YOUR ACCOUNT.  IN NO EVENT SHALL TENSOR’S LIABILITY TO YOU ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE TENSOR CHESS WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE TENSOR CHESS WEBSITE EXCEED THE AMOUNT THAT YOU PAID TO TENSOR, IF ANY.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold Tensor harmless for, from and against all liabilities, claims, expenses and damages (including attorneys’ fees and expenses) resulting from Your breach of this Agreement or use of the Tensor Chess Website, including without limitation (1) any breach of foregoing representations and warranties, or (2) any actual or alleged infringement of a third party’s intellectual property rights.  Without limiting the generality of the foregoing, You agree to indemnify, defend and hold Tensor harmless for, from and against any improper or illegal use of Your account, including the improper or illegal use of Your account by someone to whom You have given permission to use Your account.  Tensor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Tensor in the  defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys’ fees following Tensor’s assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.

  1. TERM & TERMINATION
  2. This Agreement shall continue until terminated by Us or until Your decision to terminate this Agreement. Tensor reserves the right to terminate any User for any reason or for no reason, with or without cause. You understand that nothing in this Agreement confers any rights of access to the Tensor Chess Website or any rights to data stored by or on behalf of Tensor. You agree that You do not own any User account You may use to access the Tensor Chess Website, nor do You own any data Tensor stores on its servers (including without limitation any data representing or embodying any or all of Your Content). You understand that any and all Content You may have provided to Tensor may be retained by Tensor and may or may not be deleted upon termination of this Agreement with You.
  3. Upon termination of the agreement, You are required to IMMEDIATELY DISCONTINUE ALL ACCESS OR USE OF THE TENSOR CHESS WEBSITE. Moreover, upon termination of this Agreement, You are still bound by the Provisions of Sections 1-11 and 16-20.
  4. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY IMMEDIATELY DISCONTINUING ALL YOUR ACCESS AND USE OF THE TENSOR CHESS WEBSITE. YOUR CONTINUED USE OF THE TENSOR CHESS WEBSITE FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT SHALL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF USE, CHANGES, OR MODIFICATIONS AND CONTINUATION OF THIS AGREEMENT.
  5. Either You or WE may terminate THIS AGREEMENT at any time. You understand and agree that termination is Your sole right and remedy with respect to any dispute with us.  This includes, but is not limited to, any dispute related to, or arising out of:  (1) any term OR CONDITION CONTAINED IN OR REFERENCED IN this Agreement; (2) any policy or practice of TENSOR; (3) ANY DISCLOSURE OR USE OF YOUR INFORMATION; and (4) Your ability to access and/or Use the TENSOR CHESS Website.
  6. SEVERABILITY

If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.

  1. WAIVER

The waiver by Tensor of a breach or default in any of the provisions of this Agreement by You shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission Tensor’s part to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by You.

  1. NOTICES

If to Tensor, notice shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, seven (7) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, or (C) if by nationally recognized overnight courier service, upon such delivery.  Notice to Tensor should be sent to:

INFO@TENSORCHESS.COM

If to You, notice shall be deemed given when an email is sent to the e-mail address you provide to Tensor during the registration process, unless Tensor is notified that the e-mail address is invalid. Any notice provided pursuant to this Agreement shall be in writing.

  1. GOVERNING LAW AND JURISDICTION CHOICE OF LAW

You agree that all matters relating to this Agreement and/or Your access to or use of the Tensor Chess Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Oakland County, Michigan, and waive any objection to such jurisdiction or venue.

  1. STATUTE OF LIMITATIONS

Any claim or cause of action arising out of or related to use of the Tensor Chess Website, the Application or the Terms must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action are forever barred.

  1. WAIVER OF JURY TRIAL

You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury with respect to any proceeding arising out of or in any way relating to the Tensor Chess Website or this Agreement.

  1. INTERNATIONAL USE

Tensor controls the Tensor Chess Website from its offices in the United States.  Tensor makes no representation that the Tensor Chess Website, Application, or related information offered by Tensor is appropriate or available in other locations. If You access the Tensor Chess Website from locations outside of the US you do so on Your own initiative and at Your own risk, and You are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. Assignment

Tensor may assign this Agreement, in whole or in part, at any time without notice to You.  Your rights hereunder are personal.  You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement, and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Tensor’s successors, assigns and licensees.

  1. HEADINGS

The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

  1. ENTIRE AGREEMENT

This Agreement, including Tensor’s Privacy Policy, constitutes the entire agreement between the parties with respect to Your use of the Tensor Chess Website, and supersedes all prior agreements between the parties, whether written or oral, relating to Your use of the Tensor Chess Website.

Updated as of  JANUARY, 201 6