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MonRoi Website Terms of Use PDF Print E-mail
Written by MonRoi, inc. on Tue, Jan 15 2008 (12:05)

1. Your Acceptance

 

1.1 By using or visiting this website, including all content and functionality available through the www.monroi.com domain name, the "MonRoi Website", you signify your agreement to these terms and conditions (the "Terms of Use"),

 

1.2 MonRoi may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

2. MonRoi Website

 

2.1 These Terms of Use apply to all users of the MonRoi Website, including subscribed users who are contributors of Content information, which includes and is not limited to text, photos, chess games, videos, tournament information, and other materials or services on the MonRoi Website.

 

2.2 The MonRoi Website may contain links to third party websites that are not owned or controlled by MonRoi. MonRoi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MonRoi will not and cannot censor or edit the content of any third-party site. By using the MonRoi Website, you expressly relieve MonRoi from any and all liability arising from your use of any third-party website.

 

3. Permissions and Restrictions

 

MonRoi hereby grants you permission to access and use the MonRoi Website as set forth in these Terms of Use, provided that:

 

3.1 You agree not to distribute in any medium any part of the MonRoi Website without MonRoi's prior written authorization.

 

3.2 You agree not to alter or modify any part of the MonRoi Website.

 

3.3 You agree not to use the MonRoi Website content or services for any commercial use, without the prior written authorization of MonRoi.

 

3.4 You agree not to collect or harvest any personally identifiable information, from the MonRoi Website for any commercial solicitation purposes.

 

3.5 MonRoi reserves the right to discontinue any aspect of the MonRoi Website at any time.

 

4. MonRoi User Accounts

 

4.1 In order to access some features of the MonRoi Website, you will have to create a MonRoi User Account. You may never use another's User Account without permission. When creating your User Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify MonRoi immediately of any breach of security or unauthorized use of your User Account.

 

4.2 Although MonRoi will not be liable for your losses caused by any unauthorized use of your User Account, you may be liable for the losses of MonRoi or others due to such unauthorized use.

 

5. Your User Submissions and Conduct

 

5.1 As a MonRoi User Account holder you may submit textual content, chess games, photos, video content, and other information, collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MonRoi does not guarantee any confidentiality with respect to any User Submissions.

 

5.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MonRoi to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the MonRoi Website and these Terms of Use.

 

5.3 For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to MonRoi, you hereby grant MonRoi a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the MonRoi Website and MonRoi's (and its successors) business, including without limitation for promoting and redistributing part or all of the MonRoi Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MonRoi Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the MonRoi Website and under these Terms of Use. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Submission Content from the MonRoi Web-site. You understand and agree, however, that MonRoi may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.

 

5.4 In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MonRoi all of the license rights granted herein.

 

5.5 MonRoi does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MonRoi expressly disclaims any and all liability in connection with User Submissions. MonRoi does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MonRoi will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. MonRoi reserves the right to remove User Submissions without prior notice.

 

6. Your Use of Content on the Site

 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MonRoi Website.

 

6.1 The content on the MonRoi Website, including without limitation, the text, software, games, tournament information, scripts, graphics, photos, sounds, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein are owned by or licensed to MonRoi, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

 

6.2 User Submissions are made available to you for your information and personal use solely. User Submissions are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MonRoi Website or otherwise as prohibited under this Agreement.

 

6.3 You may access MonRoi Content only as permitted under this Agreement. MonRoi reserves all rights not expressly granted in and to the MonRoi Content and the MonRoi Service.

 

6.4 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

 

6.5 You agree not to circumvent, disable or otherwise interfere with security-related features of the MonRoi Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MonRoi Website or the Content therein.

 

6.6 You understand that when using the MonRoi Website, you will be exposed to User Submissions from a variety of sources, and that MonRoi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MonRoi with respect thereto, and agree to indemnify and hold MonRoi, its owners, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

 

7. Account Termination Policy

 

7.1 MonRoi will terminate a User's Access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

 

7.2 MonRoi reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, obscene or defamatory material, or excessive length. MonRoi may remove such User Submissions and terminate a User's Access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

 

8. Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE MONROI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MONROI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MONROI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MONROI WEBSITE. MONROI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MONROI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MONROI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

9. Limitation of Liability

 

IN NO EVENT SHALL MONROI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MONROI WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MONROI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The MonRoi Website is controlled and offered by MonRoi from Canada. MonRoi makes no representations that the MonRoi Website is appropriate or available for use in other locations. Those who access or use the MonRoi Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

10. Indemnity

 

You agree to defend, indemnify and hold harmless MonRoi, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MonRoi Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the MonRoi Website.

 

11. Ability to Accept Terms of Use

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You affirm that you are over the age of 13, as the MonRoi Website is not intended for children under 13.

 

12. General

 

12.1 These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MonRoi without restriction.

 

12.2 You agree that: (i) MonRoi shall be deemed solely based in Montreal. These Terms of Use shall be governed by the internal substantive laws of the province of Quebec in Canada, without respect to its conflict of laws principles. Any claim or dispute between you and MonRoi that arises in whole or in part from the MonRoi Website shall be decided exclusively by a court of competent jurisdiction located in Montreal, Canada. These Terms of Use and any other legal notices published by MonRoi on the MonRoi Website, shall constitute the entire agreement between you and MonRoi concerning the MonRoi Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MonRoi's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MonRoi reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MonRoi Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MONROI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MONROI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 
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And for the chess-player the success which crowns his work, the great dispeller of sorrows, is named "combination."

-Emanuel Lasker (1868-1941)



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