Checker Cruncher runs a checkers website and we would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features. We encourage you to express yourself freely, however, be responsible in how you communicate on the site. In particular, make sure that none of the prohibited items listed below appear in your comments, posts and other communications. If you find any content that you believe violates our terms of service, please contact us.
Basically the terms of service ammount to the following but you really should read the whole thing.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Checker Cruncher, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our many of our services requires a CheckerCruncher.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You agree to use only one account on the Website and not to share that account with others.
You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Checker Cruncher may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Checker Cruncher liability. You must immediately notify Checker Cruncher of any unauthorized uses of your account or any other breaches of security. Checker Cruncher will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you comment on the site, post material to the Website, post links to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form that content takes, which includes but is not limited to text, photo, video, audio, code, or software. By making Content available, you represent and warrant that:
By submitting Content to the Checker Cruncher Website, you grant Checker Cruncher a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. An example of such usage would be the publication of a book or article containing a collection of tactical problems and the user comments and quality ratings associated with them.
Without limiting any of those representations or warranties, Checker Cruncher has the right (though not the obligation) to, in Checker Cruncher’s sole discretion (i) refuse or remove any content that, in Checker Cruncher’s reasonable opinion, violates any Checker Cruncher policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Checker Cruncher’s sole discretion. Checker Cruncher will have no obligation to provide a refund of any amounts previously paid.
You agree not to use any form of outside assistance during activities that involve a rating or ranking of users on the Website. This assistance includes, but is not limited to, computer checkers engines or other analysis tools, other checkers websites, other people, checkers tablebases, checkers databases and checkers books or other printed material related to checkers.
You also agree not to attempt to bulk download material provided on CheckerCruncher, such as the CheckerCruncher problems, or to engage in other types of screen scraping.
You agree not to use materials downloaded from CheckerCruncher, such as the CheckerCruncher problems, to substantially replicate products or services offered by CheckerCruncher, including the replication of CheckerCruncher content or the creation of a separate checkers website.
Optional premium paid services are available on the Website. By selecting a premium service you agree to pay Checker Cruncher the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Checker Cruncher has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Checker Cruncher does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Checker Cruncher disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Checker Cruncher links, and that link to Checker Cruncher. Checker Cruncher does not have any control over those non-Checker Cruncher websites and webpages, and is not responsible for their contents or their use. By linking to a non-Checker Cruncher website or webpage, Checker Cruncher does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Checker Cruncher disclaims any responsibility for any harm resulting from your use of non-Checker Cruncher websites and webpages.
As Checker Cruncher asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Checker Cruncher violates your copyright, you are encouraged to notify Checker Cruncher in accordance with Checker Cruncher’s Copyright Policy.
Checker Cruncher will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Checker Cruncher or others, Checker Cruncher may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Checker Cruncher will have no obligation to provide a refund of any amounts previously paid to Checker Cruncher.
This Agreement does not transfer from Checker Cruncher to you any Checker Cruncher or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Checker Cruncher. Checker Cruncher, CheckerCruncher, CheckerCruncher.com, the Checker Cruncher logo, and all other trademarks, service marks, graphics and logos used in connection with Checker Cruncher, or the Website are trademarks or registered trademarks of Checker Cruncher or Checker Cruncher’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Checker Cruncher or third-party trademarks.
Checker Cruncher reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Changes will be clearly announced on the Checker Cruncher website and forum. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Checker Cruncher may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Checker Cruncher may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Checker Cruncher account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Subscription account, such account can only be terminated by Checker Cruncher if you materially breach this Agreement; provided that, Checker Cruncher can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Checker Cruncher and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Checker Cruncher nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Checker Cruncher, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Checker Cruncher under this agreement during the twelve (12) month period prior to the cause of action. Checker Cruncher shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Checker Cruncher, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Checker Cruncher and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Checker Cruncher, or by the posting by Checker Cruncher of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by th e laws of the state of Pennslyvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located Philadelphia County, Pennslyvania.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Philadelphia, Pennslyvania, in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Checker Cruncher may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Terms of Service document was based on the ToS of ChessTempo.com which in turn was based on the one from WordPress.com. WordPress.com has kindly distributed it under a Creative Commons Sharealike license.