WELCOME TO SAGECHESS.COM, THE HOME OF THE ONLY TRUE 3D ONLINE CHESS!
SAGEChess.com is provided as a service to users who agree to abide by the terms and conditions contained in the following agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING SAGEChess. BY COMPLETING THE REGISTRATION PROCESS OR PURCHASING A MEMBERSHIP TO ACCESS SAGEChess.com YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO BE LEGALLY BOUND BY, THIS AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Please also read our detailed Privacy Policy (will be ancored) in section 6 of this page, which details the database technology, Email addresses, and other information collected from our users.
ALL PLAYERS UNDER THE AGE OF 18 MUST COMPLY WITH OUR CHILD PRIVACY POLICY AS SET OUT IN ACCORDANCE OUR PRIVACY POLICY AND IN COMPLIANCE WITH THE “CHILDREN’S ONLINE PRIVACY PROTECTION ACT” [DON PLEASE REST OF URL LINK TO THIS.] OF THE UNITED STATES. PLEASE REVIEW THE PRIVACY POLICY FOR MORE DETAILS.
Regardless of whether you access or use the service, any computer software license agreements between you and SAGEChess.com shall continue in full force and effect and your use of software, if any, received from SAGEChess.com shall be solely pursuant to the terms and conditions of such applicable computer software license agreements.
If the sites menu interface is activated, these terms and conditions will be available on the Rules / Help menu at the bottom. Additionally if for any reason, this menu is unavailable, a player can make a note of the following URL: http://www.SAGEChess.com/privacyterms to review the terms and conditions.
ANY USER WHO VIOLATES THE TERMS OF THIS AGREEMENT MAY HAVE THEIR SAGECHESS.COM ACCOUNT SUSPENDED TEMPORARILY OR PERMANENTLY BASED ON THE JUDGEMENT OF THE GAME/SITE MODERATOR.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The term ("Chess") and ("SAGEChess.com") are interchangeable within this document.
The SAGEChess.com Service ("Service"), owned and operated by SAGEChess.com, is provided to you ("Player") under the terms and conditions of this agreement and any operating rules or policies that may be published by SAGEChess.com. The agreement comprises the entire agreement between Player and SAGEChess.com and supersedes all prior agreements between the parties regarding the subject matter contained herein.
2. DESCRIPTION OF SERVICE
SAGEChess.com is providing the Player with a service via the Internet and on SAGEChess.com's own system.
The Player must:
(1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet;
(2) provide for the Player's own access to the Internet and pay any service provider fees associated with such access.
Information requested on original sign up shall be referred to as registration data ("Registration Data").
SAGEChess.com will not disclose to any third party, Registration Data in accordance with the Privacy Policy section of this Agreement.
3. CHANGES TO SERVICE
PLEASE NOTE THAT SAGEChess.com RESERVES THE RIGHT TO CHANGE THE NATURE OF THIS RELATIONSHIP AT ANY TIME AND FOR ANY REASON. Upon any change in these terms and conditions, SAGEChess.com will make all reasonable efforts to notify you by posting the changes as a system message on the SAGEChess.com website. It is a player’s responsibility to keep up to date with any changes within these terms and conditions.
A Player's continued use of the Service constitutes an agreement by the Player to abide and be bound by these terms and conditions and modifications.
SAGEChess.com will endeavor to maintain and improve this service indefinitely. SAGEChess.com reserves the right to modify or discontinue the Service with or without notice to the Player. SAGEChess.com shall not be liable to the Player or any third party should SAGEChess.com exercise its right to modify or discontinue the Service.
4. MEMBER ACCOUNT, PASSWORD, SECURITY
Access to the site is for personal use. Corporations or other business entities are not eligible to obtain an account.
The Player agrees that this agreement is personal to him or her, and that you will not knowingly allow another person to use the password or access the account without the prior written approval from SAGEChess.com provided, however, that only you or your child may use your account at any particular time and you may not resell or redistribute any portion of the Service or provide access to your account to any third party for financial gain.
Once you register as a member or “premium member” of the Service, you will be given an account for which you will be required to choose a login name and a password. While you are encouraged to use a pseudonym, especially if you are a minor, you may not chose a login name that violates anyone’s trademark, publicity rights, or other proprietary rights.
You are entirely responsible if you do not maintain the confidentiality of your password and account. Login/usernames are can only be changed by a member through the Edit Profile utility. Members must be logged in using your Login/ username in order to do any Profile editing. You may not disclose your password to any third party (except in the case of a parent/guardian opening an account for a minor). Furthermore, you are entirely responsible for any and all activities, which occur, under your account.
SAGEChess.com would never ask for your password by email or telephone, and you should not disclose it if asked to do so. Lost passwords can be requested and will be e-mailed to the address of the person on file. A password retrieval utility on the website is provided. However, security questions must be answered correctly before any password is reissued. Members may change their password at any time by following website instructions.
The Player agrees to immediately notify SAGEChess.com of any unauthorized use of Player's account or any other breach of security known to Player.
5. FEES
In the event a Player wishes to upgrade their membership from “free” to “premium member”, your account will be given “full” membership status upon receipt and verification of the subscription fees, which shall be published from time to time.
Premium membership status entitles you to additional features not accessible to free members and which features shall be posted on the website. All fees will be posted on the website and are stated in U.S. Dollars unless otherwise specified. All fees are pre-paid and non-refundable.
All fees will be paid by credit card. Additional online pay services may be added at the discretion of SAGEChess.com. SAGEChess.com will not accept cash or cheques.
Upon your acceptance of these terms, SAGEChess.com has the right to automatically charge your credit card the premium membership fee plus any applicable taxes that are required to be collected, and you authorize us to do so.
THERE WILL BE NO AUTOMATIC RENEWAL AND YOUR CREDIT CARD OR ONLINE E-COMMERCE PROVIDER SHALL NOT BE AUTOMATICALLY CREDITED. WHILE YOUR ACCOUNT WILL REVERT BACK TO FREE ACCOUNT STATUS, WE WILL ONLY CHARGE YOUR CREDIT CARD IF YOU REQUEST A RENEWAL.
Regardless of whether or not you use the service, SAGEChess.com will charge you standard monthly fees for your SAGEChess.com internet account. Any and all changes will appear on your monthly credit card statement.
SAGEChess.com reserves the right to change its fees at any time for any reason, provided, however, that whenever possible, SAGEChess.com will give notice of such change. Any required change will be posted on the site and e-mailed to those members who select to receive email newsletter. No fees will be changed during a subscription period, but will only be applied at the time of renewals. From time to time, SAGEChess.com may add or modify certain services relating to SAGEChess.com, and SAGEChess.com reserves the right to charge additional or different fees in consideration for providing such new or modified services, but all changes must be accepted by you if occurring during your paid subscription service.
In the event a payment is submitted but subsequently returned as unpaid we will charge an administrative fee of $10.00 USD in addition to the original unpaid amount. Any disputed credit card payment which results in a subsequent charge-back, shall be subject to a $20.00 USD fee in addition to the original amount, and SAGEChess.com is authorized to charge such amounts to your credit card account. You are liable for all connection fees in connection with returned, as unpaid or disputed, payments, in addition to the original amount.
“Free” accounts are supported by paid advertising. If you the Player are a free member only, SAGEChess.com reserves the right to terminate this agreement at any time. We also reserve the right to refuse to provide free service to anyone at any time in the sole discretion of SAGEChess.com.
6. PRIVACY POLICY
REVIEW THIS PRIVACY POLICY CAREFULLY.
SHOULD YOU NOT AGREE WITH THIS SPECIFIC POLICY IN WHOLE OR IN PART THEN PLEASE DO NOT USE THE WEBSITE.
ACCEPTANCE OF THIS POLICY IS A CONDITION OF THE AGREEMENT TO ACCESS SAGECHESS.COM AND IF YOU DO USE THE WEBSITE THEN THAT IS TREATED AS AN ACCEPTANCE OF THIS POLICY AND ANY AMENDMENTS MADE HEREINAFTER. Please note, that this policy may change at any time and while SAGEChess.com will use all reasonable efforts to advise you of such changes, it is best that you review this policy each time you access SAGEChess.com to determine if any changes have been made. Continuous use of SAGEChess.com will be considered acceptance of any changes made.
Should you have any questions or comments regarding this privacy policy, please contactSAGEChess.com.
It is SAGEChess.com's commitment to respect the privacy of its Players and to take special precautions to ensure the confidentiality of personally identifiable information collected from or about you.
For the purposes of this policy, “personally identifiable information” is information which may identify you and be used to contact or locate you in real life, and further includes, where applicable, your credit card information.
It is the policy of SAGEChess.com to use only your e-mail address to set up a free account. In the case of premium membership to use the full site, in addition to your email address, credit card information (which will include you real name and credit card number) will also be required. At this time, no other personally identifiable information is expected to be required.
ANY CREDIT CARD INFORMATION SHALL BE RETAINED BY SAGEChess.com’s E-COMMERCE SERVICE PROVIDER, FOR THE PURPOSES OF PROCESSING PAYMENTS, ACCOUNTING AND GOVERNMENTAL RECORD COMPLIANCE, AND FOR NO OTHER PURPOSE. NO CREDIT CARD INFORMATION WILL BE DISCLOSED TO ANY THIRD PARTY.
SAGEChess.com OR IT’S E-COMMERCE SERVICE PROVIDER WILL NOT SELL OR TRANSFER ANY SUCH INFORMATION TO ANY THIRD PARTY AND SHALL NOT USE SUCH INFORMATION FOR THE PURPOSES OF ANY PROMOTION OR MARKETING. ALL RECORDS SHALL BE DESTROYED IN ACCORDANCE WITH THE GUIDELINES OF REVENUE CANADA AND GOVERNMENT REGULATIONS OF THE UNITED STATES.
SAGECHESS.COM WILL NOT BE LIABLE FOR DISCLOSURE IN THE EVENT OF A TECHNICAL FAULT OR HUMAN ERROR.
Once using the site, the only communication, which will take place, will be between the two players during a match on a platform-to-platform basis. Others may be able to watch the game, possibly identify the players involved and be able to converse, through the chat dialogue box, with the players.
SAGEChess.com as a matter of policy does not prescreen or monitor any information or communications. However, SAGEChess.com has the right, but not the responsibility, to suspend accounts if any information or dialogue which is deemed in SAGEChess.com's sole discretion harmful, offensive, immoral, racist, unethical or otherwise in violation of any rules SAGEChess.com has in place at the time.
The Player acknowledges and agrees that SAGEChess.com neither endorses the contents of any Player communications nor assumes responsibility for any threatening, libelous, obscene, racist, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising from or any crime facilitated thereby.
There is no file, description, profile posted of any player on SAGEChess.com, other than the players name or pseudonym, a record of wins and losses, opponents played and game results, and perhaps an additional description of the person as a chess player. There will be no reference to any other personal details of a player posted. City of residence, country of origin, age, sex, or marital status will not be shown for the simple reason that SAGEChess.com does not have this information itself.
At this time, there is no community chat line.
Any personally identifiable information can only emanate from the players themselves during a game. FOR THAT REASON, SAGECHESS.COM STRONGLY RECOMMENDS YOU EXERCISE CAUTION IN CONVERSING WITH ANOTHER PLAYER.
Players acknowledges and agrees that, due to circumstances beyond SAGEChess.com's control, it may be impossible to maintain the absolute confidentiality of private messages written via the Service. SAGEChess.com assumes no liability for loss or damage resulting from a breach of said confidentiality. However, it is the policy of SAGEChess.com not to monitor, edit or disclose the contents of private messages other than (1) what is technically necessary to process those messages, or (2) in accordance with this section.
Player acknowledges and agrees that certain technical processing of messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
SAGECHESS.COM WILL ONLY DISCUSS THIS ACCOUNT WITH THE EMAIL ADDRESS REGISTERED ON THE ACCOUNT. REQUESTS FOR INFORMATION OR ACTION FROM OTHER EMAIL ACCOUNTS WILL BE DECLINED.
SAGEChess.com reserves the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or other government request, to operate the service properly, or to protect itself or its subscribers. SAGEChess.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion are unacceptable or in violation of this agreement.
FURTHERMORE, SAGECHESS.COM WILL NOT DISCLOSE THE CONTENTS OF A PLAYER'S COMMUNICATIONS THROUGH THE PRIVATE COMMUNICATIONS VIA THE SERVICE UNLESS REQUIRED TO DO SO BY LAW OR IN THE GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (1) CONFORM TO THE EDICTS OF THE LAW OR COMPLY WITH LEGAL PROCESS SERVED ON SAGECHESS.COM; (2) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF SAGECHESS.COM; (3) ACT UNDER EXIGENT CIRCUMSTANCES TO PROTECT THE PERSONAL SAFETY OF ITS MEMBERS OR THE PUBLIC; OR (4) WHEN REQUESTED BY PLAYER TO RESOLVE COMMUNICATIONS ISSUES.
SPECIAL PROVISION FOR PRE-TEENS AND TEENS
SAGEChess.com is aware that persons under the age of 18 will want to access this site and will want to be playing chess and SAGEChess.com with other players.
As a Free Player Member, of whatever age, you will be able to communicate with other players via platform-to-platform instant messaging. Therefore, it is the recommendation of SAGEChess.com that PLAYERS UNDER 18 YEARS OF SHOULD NEVER EVER TELL ANYONE THEIR REAL NAME, EMAIL ADRESS, HOME ADRESS MESSENGER HANDLE, OR PHONE NUMBER. DISCONTINUE ANY CONVERSATION WITH ANOTHER PLAYER IF YOU FEEL UNCOMFORTABLE OR IF THE DISCUSSION TURNS TO ANYTHING OF A SEXUAL NATURE AND CONTACT YOUR PARENT (FIRST) AND SAGEChess.com IMMEDIATELY.
PLAYERS UNDER 18 YEARS OF AGE SHOULD NEVER, EVER MEET ANY PERSON THEY HAVE PLAYED AGAINST.
Premium members, are also able to communicate with the other player via instant messaging on the website. SAGEChess.com takes policy of protecting minors seriously and agrees with the Children’s Online Protection Act, and knows that players under 18 will want to communicate. It is for is reason, that SAGEChess.com’s policy requires all players under 18 to have his or her parent open the account for an under age 18 player.
ACCOUNTS ARE AVAILABLE ONLY TO ADULTS. IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT CREATE AN ACCOUNT.
ALL PLAYERS UNDER 18 YEARS OF AGE MUST HAVE HIS OR HER PARENT OR LEGAL GUARDIAN OPEN THE ACCOUNT FOR THEM.
If you are under the age of 18 years, your parent or guardian must complete the registration process and which process verifies that they are a parent, in which case the parent takes full responsibility for all obligations under this agreement.
SAGEChess.com further ensures that only adults open an account, as SAGEChess.com does not accept cash, but only Credit Card payments, which are usually available to adults.
By registering and accessing SAGEChess.com, you represent that you are an adult and are accepting his agreement either on behalf of yourself or your child. You may not transfer or share your account with anyone, except that if you are a parent or guardian, you may permit one child to use the account instead of you (in which case, you may not use the account). You, the parent or guardian, are responsible and liable for the activities of your child. Again:
PLAYERS UNDER 18 YEARS OF SHOULD NEVER EVER TELL ANYONE THEIR REAL NAME, EMAIL ADRESS, HOME ADRESS MESSENGER HANDLE, OR PHONE NUMBER. DISCONTINUE ANY CONVERSATION WITH ANOTHER PLAYER IF YOU FEEL UNCOMFORTABLE OR IF THE DISCUSSION TURNS TO ANYTHING OF A SEXUAL NATURE AND CONTACT YOUR PARENT (FIRST) AND SAGEChess.com IMMEDIATELY.
PLAYERS UNDER 18 YEARS OF AGE SHOULD NEVER, EVER MEET ANY PERSON THEY HAVE PLAYED AGAINST.
7. SYSTEM RULES
You agree to be bound by the rules, which are important for the proper use of the service. YOUR FAILURE TO FOLLOW THESE RULES, WHETHER SET OUT IN THIS AGREEMENT, OR IN BULLETINS POSTED AT VARIOUS POINTS BY SAGECHESS.COM, MAY RESULT IN SAGECHESS.COM TERMINATING THIS AGREEMENT AND YOUR ACCOUNT.
You agree to the following rules:
except as otherwise provided herein, you will not tell others your password or let your account be used by anyone except yourself;
you will not attempt to , or cause others to attempt to, log in more than once at the same time on your account without specific permission from SAGEChess.com;
you will not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind;
you will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright, or other proprietary right, without obtaining permission of the owner of such right, without obtaining permission of the owner of such rights;
you will not use our service to commit a crime, or to plan, encourage or help others to commit a crime;
you will not post or transmit requests for money, petitions for signature, chain letters or letters relating to any pyramid schemes;
you will not post or transmit any advertising, promotional materials or any other form of solicitation (SAGEChess.com reserves the right, in SAGEChess.com’s sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation);
you will not post a single item to any newsgroups or mailing lists other similar groups or lists whether on topic or not;
you will not impersonate another user or otherwise falsify one’s user name on the site, in email, or in any post or transmission to any other user, newsgroup, or mailing list or other similar groups or list.
8. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SAGEChess.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SAGEChess.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SAGEChess.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SAGEChess.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM SAGEChess.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
9. LIMITATION OF LIABILITY
SAGECHESS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SAGECHESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. UNCENSORED INTERNET ACCESS
YOU UNDERSTAND THAT SAGEChess.com PROVIDES FULL, UNCENSORED ACCESS TO MATERIALS ON THE INTERNET CREATED AND MAINTAINED BY UNAFFILLIATED THIRD PARTIES. SAGEChess.com EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS, PORTIONS OF WHICH MAY BE CONSIDERED SEXUALLY EXPLICIT, OBSCENE OR OTHERWISE OFFENSIVE. IN NO EVENT SHALL SAGEChess.com BE LIABLE TO ANY PERSON OR ENTITY EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH SAGEChess.com. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET GENERALLY. SAGEChess.com DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THE SAGEChess.com INTERNET SITE.
11. GAME AND MESSAGE STORAGE AND OTHER LIMITATIONS
SAGEChess.com assumes no responsibility for the deletion of or failure to store games or messages.
12. MEMBER ASSISTANCE AND FAIR PLAY
Players on SAGEChess.com should not try and distort their rating artificially by using external assistance. Players/ Members should not attempt to use any 3rd party programs that manipulate the game in any way.
There is a moral obligation to not do this in the spirit of SAGEChess.com being a friendly and fair place to play chess and the SAGEChess alternative.
"Immoral and unfair External assistance"
1) Using computer engines to generate your moves
Getting someone else (who may be much stronger) to play ones moves
Getting your opponent to artificially resign by pre-agreement
"Moral and fair External assistance"
It is however acceptable and encouraged to use conventional resources which are in the spirit of correspondence chess, such as referencing Opening books (which could be electronic), etc. The use of such resources is considered "research" which has always been an attraction of correspondence chess.
11. MEMBER CONDUCT
Player is solely responsible for the contents of his or her transmissions through the Service. Player's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Player agrees: (1) to comply with Canadian, United States and UK law regarding the transmission of technical data exported from Canada, United States and United Kingdom through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Player's conduct is subject to Internet regulations, policies and procedures. Player will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Player agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Player further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Players will not use the site for commercial purposes such as advertising of other sites. Players will not communicate advertising of any sort in messages to the forum or other messages, without prior written permission of SAGEChess.com.
Player shall not interfere with another Player's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Players should not harass site Administrators. Continual harassment can lead to an official warning and ultimately account termination.
SAGEChess.com may, at its sole discretion, immediately terminate Service should Player's conduct fail to conform with these terms and conditions.
12. GAME SPECIFIC MEMBER CONDUCT
All games played on SAGEChess.com should be played in the spirit of friendship, fun, mutual respect, sportsmanship, and fair play.
You should not resign games en-masse without very good reasons, and you should make every effort to inform opponents of these reasons. Inability to manage gameload is not a valid reason because for example, there are clear warnings given on tournament invitations for the number of games implied. Tournaments are not automatically assigned to players. You are solely responsible for managing your gameload.
Repeated draw offers, or not moving or leaving every move to the last minute, in a clearly lost situation - especially, whilst moving in other games are considered unsporting and unfriendly.
13. COPYRIGHT
SAGEChess.com the website and game is owned and copyrighted to SAGEChess.com Inc. All Rights and privileges to the idea, name, operation, code, design, functionality, and ancillary products are the sole property of SAGEChess.com Inc.
You agree not to post any copyrighted material unless you own the copyright on that material. You remain solely responsible for the content of your messages, and you agree to indemnify and hold us harmless with respect to any claim based upon transmission of your message(s).
Any copyright holders who find their material posted on the site should contact SAGEChess.com and request that material's removal.
16. INDEMNIFICATION
Player agrees to indemnify and hold SAGEChess.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Player's use of the Service, the violation of this agreement by The Player, or the infringement by Player, or other user of the Service using Player's computer, of any intellectual property or other right of any person or entity.
17. TERMINATION
You may terminate your Player's Account at any time and for any reason by contacting the SAGEChess.com administrator at the email address on the site, but you will remain liable for all charges accrued until your password and account are deactivated, including full monthly charges for the month during which the termination occurred, after which you may not have access your terminated account. SAGEChess.com may modify, suspend or terminate this agreement or the account at any time and for any cause, without prior notice to you and without refunding any fees you have paid to SAGEChess.com. SAGEChess.com reserves the right to require you to change your login name or password, and to delete any or all program or data files associated with your account upon termination of this agreement.
18. PROPRIETARY RIGHTS TO CONTENT
Player acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to the Player by the Service ("Content") by SAGEChess.com or it’s Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Player is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Player may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively “communications”) in or through SAGEChess.com internet, you are granting to SAGEChess.com a perpetual, worldwide license (the “license”) to use, copy, modify, adapt or document such communications. SAGEChess.com shall use the communications solely in conjunction with providing, promoting, distributing or otherwise exploiting the service. The license does not, however, grant SAGEChess.com any ownership rights in or to your communications. You shall have no recourse against SAGEChess.com for any allege or actual infringement of any proprietary rights to which you may claim ownership. SAGEChess.com or our suppliers own all rights, title, and interest in and to all components of the service, but expressly excluding content owned by the third parties which may be accessible through the service and/or the internet generally.
SAGEChess.com’s ownership rights in the service include, but are not limited to, the look and feel of the end-user interfaces associated with the service, the name of the service and the collective works consisting of all public messages on the service. You may not reproduce any sequence of messages from our service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble i) any aspect of the service which we or our suppliers own, or ii) any service, information or materials supplied by a third party content provider and which you may access through SAGEChess.com internet.
19. LAWS
This Agreement shall be governed by and construed in accordance with the laws of the Dominion of Canada, and without regards to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate Provincial, Superior or Federal Court located in the Province of Ontario for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You may not assign this agreement or your rights or obligations hereunder without the prior written consent of SAGEChess.com.
20. OWNERSHIP AND RESTRICTIONS ON USE
The Company has the right to obtain with or without notification to you information from your computer, software, and portions thereof, including but not limited to, your computer's graphics card, processor, memory and storage devices to assist our efforts in policing users who may develop and/or use 3rd party systems to gain advantage over other users. The information gathered will only be used for the purpose of identifying the parties believed by the Company to not be in compliance with this agreement and any other rules, policies, notices, and/or other agreements.
