Shop Terms and Conditions

TERMS AND CONDITIONS

1. PREAMBLE

1.1. This is a legal agreement between you and CHESSCUBE Proprietary Limited. (“CHESSCUBE”) stating the terms that govern your use of the CHESSCUBE STORE.

1.2. This agreement – together with all updates, additional terms, software licenses, and all of CHESSCUBE rules and policies – collectively constitute the “AGREEMENT” between you and CHESSCUBE.

1.3. Your use of this service indicates that you have fully agreed to these terms.

1.4. If you do not agree to these terms, you are prohibited from using this service.

1.5. You must accept and abide by these terms as presented to you, as changes, additions, or deletions are not acceptable, and CHESSCUBE may refuse access to the CHESSCUBE cinema or store for noncompliance with any part of this agreement.

2. DEFINITIONS

2.1. VIRTUAL PRODUCTS SERVICE
2.1.1. This comprises both the CHESSCUBE CINEMA SERVICE and THE DIGITAL PRODUCTS SERVICE, described hereunder:

2.1.1.1. CHESSCUBE CINEMA SERVICE: This service permits you to license virtual content (“VIRTUAL PRODUCT”) and software, such as interactive videos and tutorials, under certain terms and conditions as set forth in this Agreement.

2.1.1.2. DIGITAL PRODUCTS SERVICE: This service permits you to license content, such as visual and functional software enhancements, under certain terms and conditions as set forth in this Agreement.

2.2. PHYSICAL PRODUCTS SERVICE
2.2.1. This service allows you to purchase and own or licence the rights to tangible goods such as Wooden or Plastic Chess Boards and sets, DVD-based content and software, clothing, computer equipment, tables, cards, printed books, other printed media, under terms and conditions as set forth in this Agreement.

2.3. CHESSCUBE STORE
2.3.1. CHESSCUBE STORE encompasses the purchase and licensing or transfer of ownership of any items as described in the VIRTUAL PRODUCTS SERVICE (CHESSCUBE CINEMA SERVICE and THE DIGITAL GOODS SERVICE) and the PHYSICAL PRODUCT SERVICE.

3. MINIMUM AGE REQUIREMENTS FOR USE OF THE SERVICE

3.1. This Service is available for individuals aged 13 years or older.

3.2. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that:
3.2.1. You and your parent or guardian understand and agree to these terms and conditions.
3.2.2. Should your parent or guardian not agree, then your use of these Services is prohibited.

4. LICENSE OF PRODUCTS.

4.1. Two (2) classes of product (“PRODUCTS”) are offered through the Service, as follows:

4.1.1. those Products that have been developed by CHESSCUBE Pty Ltd., and which are licensed to you by CHESSCUBE (“CHESSCUBE PRODUCTS”); and

4.1.2. those Products that have been developed, and are licensed to you, by a third party provider (“THIRD PARTY PRODUCTS”). The class of any particular Product (i.e., CHESSCUBE PRODUCT or THIRD PARTY PRODUCT, as the case may be) is identified on the Service application. The Products are licensed, not sold, to you.

Your license to each Product you obtain through the Service is subject to your acceptance of the Licensed Application End User License Agreement set forth below and you agree that the terms of this Licensed Application End User License Agreement will apply to each CHESSCUBE Product and each Third Party Product you license from the Service, unless the Product is covered by a valid end user license agreement entered into between you and the licensor of the Product (the “Application Provider”) in which case the Application Provider’s end user license agreement will apply to that Product. The Application Provider reserves all rights not expressly granted to you.

You acknowledge that your license of each Product through the Service is a binding agreement between you and the Application Provider only, and that Application Provider is solely responsible for the Product, the content therein, any warranties to the extent such warranties have not been disclaimed, and any claims you or any third party may have relating to the Product or your use of the Product. You acknowledge that, with respect to Third Party Products, CHESSCUBE is solely acting as commissionaire for Application Provider in providing the Product to you; is not a party to such license; and is not responsible for the Product, the content therein, or any warranties or claims you or any third party may have relating to the Product or your use of the Product.

You acknowledge and agree that CHESSCUBE, and CHESSCUBE‘s subsidiaries, are third party beneficiaries of the Licensed Application End User License Agreement or any other end-user license agreement for any licensed Product, and that, upon your acceptance of the terms and conditions of such license, CHESSCUBE will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.

5. SYSTEM REQUIREMENTS.

Your use of the Service and transactions made through it are subject to any end-user agreements or other terms and conditions required for use of the software required for use of the Service, all of which are hereby made a part of this Agreement.

Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

6. PRIVACY

a. CHESSCUBE’S PRIVACY POLICY. Except as otherwise expressly provided for in this Agreement, the Service is subject to ChessCube’s Privacy Policy at http://www.CHESSCUBE.com/privacy/, which is expressly made a part of this Agreement. If you have not already read CHESSCUBE’s Privacy Policy, you should do so now.

7. YOUR INFORMATION.

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. CHESSCUBE may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that CHESSCUBE may store and use the Registration Data you for use in maintaining your accounts.

8. USER ACCOUNT AND SECURITY.

a. Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify CHESSCUBE of any unauthorized use of your Account or any other breach of security. CHESSCUBE shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security. You understand that the Service, and products transacted through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by CHESSCUBE and its principals (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by CHESSCUBE for compliance purposes, and CHESSCUBE reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by CHESSCUBE for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

9. USE OF PRODUCTS AND THE SERVICE

a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products, and that such hardware and software is your responsibility. Solely as an accommodation to you, some Products may be re-downloaded for use in accordance with the Usage Rules applicable to such Products. Not all Products are eligible for this accommodation or may be available at any given time. CHESSCUBE shall have no liability to you in the event a previously downloaded Product becomes unavailable for re-download. Once a Product is licensed and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and CHESSCUBE shall be without liability to you in the event of any loss, destruction, or damage.

b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

Usage Rules

(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement and the applicable end-user license agreement.

(ii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.

(iii) The delivery of Products does not transfer to you any promotional use rights in the Products.

c. You agree that your license of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. CHESSCUBE reserves the right to modify the Usage Rules at any time.

d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of CHESSCUBE. Accordingly, in the event that CHESSCUBE changes any part of the Service or discontinues the Service, which CHESSCUBE may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that CHESSCUBE shall have no liability to you in such case.

e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant CHESSCUBE a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.

CHESSCUBE reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

10. PAYMENT METHODS.

The Service accepts payment by PayPal or credit card, CHESSCUBE may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter.

The Service accepts the following credit cards: Visa, MasterCard, and American Express.

If a transaction has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another credit card.

11. AGREEMENT TO PAY.

a. Payment for Products. You agree to pay for all Products you license through the Service, and that CHESSCUBE may charge your credit card for any Products licensed, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING CHESSCUBE WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

12. DELIVERY OF PRODUCTS; REFUNDS.

a. Interrupted Delivery to CHESSCUBE Cinema. If delivery of a Product you licensed on CHESSCUBE Cinema is interrupted, your transaction will be included in your download queue. You may resume the delivery to CHESSCUBE Cinema by selecting “Synchronize” from the menu in the CHESSCUBE Cinema application.

b. Refund Policy. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by CHESSCUBE. Otherwise, no refunds are available.

13. UPGRADES.

The latest version of the CHESSCUBE Cinema software is recommended to access the Service. From time to time, an upgrade to the latest version of the CHESSCUBE Cinema software may be required in order to make transactions from the Service, to download Products previously licensed from the Service (for example, Products in your download queue) or to take advantage of new features of the Service. The latest version of the CHESSCUBE Cinema software is available for download to your computer at no charge, and the minimum system requirements for running it are provided, at http://www.CHESSCUBE.com/cinema/. For any additional questions regarding required upgrades, please contact CHESSCUBE Store Customer Service (see below).

14. PRODUCT AVAILABILITY.

On occasion, a licensed Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable licensed Product. Please contact CHESSCUBE Store Customer Service for assistance in such cases (see below).

15. FOR ASSISTANCE WITH ORDERS – CHESSCUBE STORE CUSTOMER SERVICE.

For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: http://www.chescube.com/store/faq. If you cannot find the answers you are seeking in our robust knowledge base, you can send us an email by visiting the following URL http://www.chescube.com/contact, and completing the email form. Responses to emails will be provided as soon as possible.

16. INTELLECTUAL PROPERTY.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by CHESSCUBE and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of CHESSCUBE Content or Other Materials. Notwithstanding any other provision of this Agreement, CHESSCUBE and its principals reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will CHESSCUBE be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. CHESSCUBE may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the CHESSCUBE Store, the CHESSCUBE Cinema (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by CHESSCUBE and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. CHESSCUBE, the ChesCube logo, CHESSCUBE, and other CHESSCUBE trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of CHESSCUBE Pty Ltd. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

17. TERMINATION.

a. Termination by CHESSCUBE. If you fail, or CHESSCUBE suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide CHESSCUBE with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties’ rights, CHESSCUBE, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. CHESSCUBE reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and CHESSCUBE will not be liable to you or to any third party should it exercise such rights.

18. GENERAL COMPLIANCE WITH LAWS.

The Service is controlled and operated by CHESSCUBE from its offices in the South Africa. You agree to comply with all South African local, district and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

19. ENFORCEMENT OF THESE TERMS.

CHESSCUBE reserves the right to take steps CHESSCUBE believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CHESSCUBE’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that CHESSCUBE has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as CHESSCUBE believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CHESSCUBE right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

20. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES.

Certain content, Products, and services available via the Service may include materials from third parties. In addition, CHESSCUBE may provide links to certain third party Web sites. You acknowledge and agree that CHESSCUBE is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. CHESSCUBE does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that CHESSCUBE is not in any way responsible for any such use by you.

21. MAINTENANCE AND SUPPORT

The provider of each Product is solely responsible for providing any maintenance and support services with respect to its licensed Product, as specified in the applicable end-user license agreement, or as required under applicable law. You acknowledge that CHESSCUBE has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.

22. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.

a. CHESSCUBE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CHESSCUBE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY CHESSCUBE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL CHESSCUBE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHESSCUBE’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. CHESSCUBE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CHESSCUBE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. CHESSCUBE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CHESSCUBE DISCLAIMS ANY LIABILITY RELATING THERETO.. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.

23. WAIVER AND INDEMNITY.

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD CHESSCUBE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY CHESSCUBE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CHESSCUBE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CHESSCUBE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

24. CHANGES.

CHESSCUBE reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

25. NOTICES.

CHESSCUBE may send you notice with respect to the Service by sending an email message to the email address listed in your CHESSCUBE Account contact information, by sending a letter via postal mail to the contact address listed in your CHESSCUBE Account contact information, or by a posting on the Service. Notices shall become effective immediately.

26. GOVERNING LAW.

The laws of the Republic of South Africa excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, district, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CHESSCUBE or relating in any way to your use of the Service resides in the High Court of South Africa.

27. MISCELLANEOUS.

These Terms and Conditions constitute the entire agreement between you and CHESSCUBE and govern your use of the Service, superseding any prior agreements between you and CHESSCUBE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CHESSCUBE’s failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. CHESSCUBE will not be responsible for failures to fulfill any obligations due to causes beyond its control.

28. OTHER TERMS AND CONDITIONS

CHESSCUBE is not responsible for typographic errors.

No CHESSCUBE employee or agent has the authority to vary any of the Service’s policies or the terms and conditions governing any sale.

Last updated: August 5, 2009