Terms & Conditions
Thank you for visiting Caissa's Web. These Terms and Conditions ("the terms") are a legally binding agreement between Valdina LLC dba Mediawest Online/Caissa's Web ("Caissa") and any Internet user ("member") who chooses to register for a membership on Caissa's Web ("the site"). These terms govern the member's use of the site.
1. Acceptance of the Terms
If you do not agree with these terms, please do not sign up as a member of the site. By signing up as a member (either free or paid membership) of the site, you will be deemed to have irrevocably agreed to the terms. These terms may be updated from time to time. You can access the most recent version of these terms in the Member Services area of the site.
2. Description of the Site
The site provides members with a web-based system to start and play chess games, as well as additional participatory features such as bulletin boards and messaging functions. Additionally, the site provides a platform through which advertisements may be presented to the members.
3. Modifications to the Site
Caissa reserves the right to make modifications to the site, as well as discontinue, either temporarily or permanently, any part of the site with or without notice to the member. You agree that Caissa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.
4. Member Accounts
Signing up on the site entitles you to one member account that grants to you a personal, non-commercial, non-transferable, and non-exclusive license to access all or part of the site features. You must be at least 13 years of age to sign up for a member account. If you are under 13 years of age, you must have a parent or guardian older than 13 years sign up for you. Once you have successfully signed up, you agree that your member account is only for your personal use and you will not provide your login credentials including password to anyone else. Member accounts are generally classified into free and subscribed accounts. The default account type is a free account. Free accounts may: (a) be limited in the features they can access on the site, (b) expire after a specified amount of time, and/or (c) be made available with the understanding that members with free accounts will be presented with advertisements. Caissa reserves the right at any time to change the features and member obligations associated with a free member account. You agree that Caissa shall not be liable to you or to any third party for any change to the features and member obligations associated with a free member account. As a condition for using a free account, you agree that you will provide a working and active external email account (not a caissa.com email account) to which we may occasionally send administrative announcements or advertisements. In addition to the free member account, Caissa also offers a subscribed member account. For a specified membership subscription fee, the member is granted a personal, non-commercial, non-transferable, and non-exclusive license to access all free and subscribed member features of the website for a specific amount of time, usually one (1) year. A subscribed member account may also be subject to advertisements, though usually of a more limited scope than the free account. Once you have paid for a member account, it cannot be changed back to a free account.
5. Member Conduct
You acknowledge that all data, text, graphics, photos, sounds or other materials ("content"), whether publicly posted on the site or privately transmitted using the site, are the sole responsibility of the person from whom the content originated. You agree that you, and not Caissa, are solely responsible for all content that you upload, post, email, transmit or otherwise make available using the service. You acknowledge that Caissa does not control the content posted by you or other members and as such does not guarantee the accuracy or reliability of that content. You acknowledge that by using the site, you may be presented with content that is objectionable, offensive and/or inaccurate. You agree that Caissa will not be liable to you for any loss or damage caused to you as a result of content made available on the site. You acknowledge that Caissa does not monitor, regulate, pre-screen, or moderate the content made available on the site by the members. However, if Caissa is apprised of content that may be violate these terms or is otherwise objectionable, Caissa shall have the right to remove the content. With regard to playing live chess on the site, you agree that you will not use any third party assistance, such as chess engine software, chess computers or chess databases.
You agree to not use the site to:
a. upload, post, transmit, email, share or otherwise make available any content that Caissa deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a Caissa administrator or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. upload, post, transmit, email, share or otherwise make available any content of a commercial nature, including but not limited to, any unsolicited or unauthorized advertising, promotional materials, "junk email," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
d. "stalk," intimidate, or otherwise harass another member;
e. upload, post, transmit, email, share or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f. upload, post, transmit, email, share or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
6. Violations of the Terms
If, at the sole discretion of Caissa, a member violates these terms, Caissa's response may include, but not be limited to, the following courses of action: (a) terminate and delete the member account without further recourse, (b) contact the member through the site or through external email to request that the member stop violating the terms, (c) restrict access to the member account until the member can assure Caissa that the violation(s) will stop. In the case of (b) or (c) above, if the member gives assurances that the violations will stop and at any time in the future they resume, Caissa reserves the right to terminate the member account immediately and without further recourse.
You agree that Caissa may, under certain circumstances and without prior notice, immediately terminate your Caissa account. Cause for termination shall include, but not be limited to, (a) violations of these terms, (b) threats of physical violence toward another member, (c) engagement by you in fraudulent or illegal activities, (d) engagement by you in any activity that disrupts the proper functioning of the site or jeopardizes the security of the site, (e) extended periods of inactivity, (f) non-payment of any fees you may be obligated to pay towards maintenance of the account. You further agree that all terminations for cause shall be made at the sole discretion of Caissa.
8. Member Generated Content and Contributions
Caissa does not claim ownership of content that you submit or make available for inclusion on the site. However, with regard to any content you submit or make available to the publicly accessible areas of the site, you grant to Caissa worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publish or publicly display the content.
With regard to contributions to the development and/or maintenance of the site such as general feedback, feature requests, administrative activities, and suggested improvements, you agree that such contributions become the property of Caissa and you are not entitled to any compensation or reimbursement of any kind from Caissa under any circumstances.
9. Proprietary Rights
You acknowledge and agree that the site contains proprietary and confidential content, including but not limited to designs, web page layouts, text, graphics, pictures, video, information, applications, software, music, sound and other files, that is owned by Caissa and is protected by applicable intellectual property and other laws. You agree that this proprietary content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Caissa's prior written permission, except that the foregoing does not apply to your own member generated content (as defined above) that you legally post on the Site. You agree that by signing up for a member account (either free or paid), this only grants to you a personal, non-commercial, non-transferable, and non-exclusive license to access and use the site. It does not grant any claim to ownership of the site in whole or in part.
10. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. CAISSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAISSA MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE. CAISSA MAKES NO WARRANTY THAT ANY RESULTS OR INFORMATION OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT ANY MATERIAL DOWNLOADED FROM THE SITE, OR ANY EXTERNAL MATERIAL ACCESSED FROM LINKS WITHIN THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. Limitation of Liability
CAISSA DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OR INABILITY TO USE THE SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CAISSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
You agree to indemnify and hold harmless Caissa and its parent companies, subsidiaries, affiliates, officers, agents, employees, and partners from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, made by any third party due to your violation of any of these terms, your use of the site, or your submission of content that is made available through the site.
13. General Information
These terms constitute the entire agreement between the member and Caissa.
These terms and the relationship between the member and Caissa shall be governed by the laws of the state of Texas in the United States of America. The member and Caissa agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Harris, Texas.
Claims of copyright or intellectual property infringement can be made to the following address:
c/o Mediawest Online
P.O. Box 610142
Houston, Texas 77208-0142