1. This Terms shall govern your use of this website materials related to FIDE 2016 Candidates Tournament. If you agree to all the terms and conditions set forth herein, please check the “I agree” box below the registration form. If you do not agree with any of the terms and conditions set out herewith you must not use this website.
2. For the purposes of this Terms the term “Broadcasting” shall mean any type of broadcasting, including but not limited to audio, video, textual streaming (which includes textual move-by move streaming of chess games) of the FIDE 2016 Candidates Tournament.
3. For the purposes of this Terms the term “Broadcasting Materials” shall mean any kind of information including, but not limited to video, photo, audio and/or textual recordings related to the Candidates Tournament and published on this website.
4. This site is operated by World Chess Events Limited, a BVI Company, having its registered office at Tropic Isle Building, P. O. Box 3423, Road Town, Tortola, British Virgin Islands (“Company”), which is the official organizer of the FIDE 2016 Candidates Tournament and together with its affiliates owns all the rights in the website and in the materials on the website.
5. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of Broadcasting Materials, except that you may access and display materials and all other content displayed on the website for non-commercial, personal, entertainment use on a single computer or device only. Without limiting the generality of the foregoing you may not in any way redistribute the Broadcasting Materials and/or Broadcasting transmission, nor sell it or offer for sale.
6. Company does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of or inability to use the website, Broadcasting or Broadcasting Materials.
7. BY USING THIS WEBSITE YOU EXPRESSLY AGREE THAT THE INFORMATION ABOUT CHESS MOVES OF THE FIDE 2016 CANDIDATES TOURNAMENT GAMES IS EXPENSIVE TO GATHER AND TIME-SENSITIVE AND THAT UNCONTROLLED COPYING OF THIS INFORMATION DURING OR SHORTLY AFTER THE END OF RESPECTIVE CHESS GAME MAY REDUCE THE INCENTIVE OF THE COMPANY TO ORGANIZE SIMILAR EVENTS IN THE FUTURE. YOU FURTHER AGREE NOT TO PUBLISH ANY INFORMATION CONCERNING THE CHESS MOVES OF THE CANDIDATES TOURNAMENT 2016 CHESS GAMES DURING SUCH GAMES. After the end of the game you can use the PGN file of the game notation published on the website without any further restrictions.
8. You acknowledge that any breach, threatened or actual, of this Terms will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a competent court restraining any breach, threatened or actual, of your obligations under any provision of this Terms. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this Terms. The parties agree that this Terms are for the benefit of the parties hereto as well as Company’s licensors. Accordingly, this Terms are personal to you, and you may not assign your rights or obligations to any other person or entity without Company’s prior written consent. Failure by Company to insist on strict performance of any of the provisions of this Terms will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Terms or your utilization of the Broadcasting Materials.
9. You also expressly agree that if you use any of the Broadcasting Materials and/or information on chess moves for the commercial purposes in breach of this Terms, the Company shall be entitled to any proceeds generated by you as a result of such breach. This article shall not be construed as affecting the right of the Company to seek other judicial remedies including but not limited to any kinds of damages, injunctions, account of profits and other equitable remedies.
10. This Terms as well as any other relations between you and Company concerning the Broadcasting Materials shall be governed and construed in accordance with the laws of the state of New York (USA) unless agreed otherwise in writing.
11. Any dispute, controversy or claim which may arise out of or in connection with this Terms, or the execution, breach, termination or invalidity thereof, shall be finally settled by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation in accordance with its Rules. The language to be used in arbitral proceedings shall be English. If for any reason such dispute, controversy or claim is outside of the jurisdiction of the International Commercial Arbitration Court, Parties shall submit to the jurisdiction of the Arbitration Court of the City of Moscow.
12. NOTHING IN THIS TERMS SHALL BE CONSTRUED AS AN AUTHORIZATION FOR USE OF THE COPYRIGHTABLE MATERALS PUBLISHED ON THIS WEBSITE
13. This Terms shall enter into force automatically at the moment you click “I agree” or you access, use this website or Broadcasting Materials and shall continue indefinitely until 1 April 2016. The provisions concerning Company’s rights, feedback, indemnity, disclaimers of warranty, limitation of liability, governing law and choice of forum will survive the termination of this Terms for any reason.
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