Terms Of Service
Last modified: March 4, 2023
1. GENERAL PROVISIONS
You should carefully read this Agreement in full before using our Service. This is a legally binding Agreement between you and Chess Legends.
By using our service, you agree to the terms of this user agreement. If you disagree, you should not use the Service. By using the Service, you actually agree to the User Agreement. Each time you use the service, you accept the current version of the User Agreement or any other policies, even if they have changed (without your notice) compared to the previous time when you used the Service.
This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedure for using the Application, the rights and obligations of Users, and also regulates the behavior of Users when accessing the Application and Services.
2. JOINING THE AGREEMENT
2.1. The User accepts the terms of this Agreement by entering the account name by clicking next in the allotted field when downloading the Application to the smartphone. Or you can click on the link and get acquainted with this Agreement.
This Agreement is binding on its parties (i.e. the Company and the User). The assignment of the User's rights under this Agreement is possible only after obtaining the prior written consent from the Company.
If you are the legal representative (parent, guardian) of a minor User, in this case you automatically agree on your own behalf and on behalf of such a minor User to the terms of this Agreement.
The User acknowledges that his agreement with the mobile network provider (hereinafter referred to as the "Provider") will apply to the User's use of this Application. The User also acknowledges that the Provider may charge the User from time to time for data transfer services when using certain functions of the Application, as well as any other fees and charges arising in connection with such transfer and for which the User undertakes to be responsible. If the User is not a payer of the Provider's invoices on a smartphone or other device used to access the Application, it is assumed that such a User has received permission from the payer of the invoice to use the Application.
The User is the only person responsible for checking and monitoring the compliance of the installed Application with the technical features/capabilities of the smartphone, which may be applicable to the User and/or his smartphone or other device by third parties, including the Internet provider.
3. CREATING A PERSONAL ACCOUNT
The use of the Services is possible both by Users who have passed the procedure of creating a personal account (cabinet), and by Users who have refused such creation. Unregistered Users have limited access to certain functions of the application.
To remove these restrictions and get full access, the User needs to create his personal account (cabinet) and buy a subscription.
This Agreement applies equally in full (without any exceptions) both for Users with a personal account (cabinet) and without it.
To create a personal account (cabinet), the User must provide the following information about himself: account name, age, chess knowledge.
4. JOINING THE AGREEMENT
4.1. The User accepts the terms of this Agreement by entering the account name by clicking next in the allotted field when downloading the Application to the smartphone. Or you can click on the link and get acquainted with this Agreement.
- comply with all obligations assumed by the User in connection with joining this Agreement; and
- provide reliable data about yourself to create a personal account (cabinet); and
- not to impersonate any other person, including, but not limited to, not to provide any data of third parties (without obtaining direct, prior and informed consent from them) to create a personal account (cabinet); and
- inform the Company about the theft of logins, passwords or any other User access keys to the personal account (cabinet); and
- not to provide third parties with access to your account (cabinet) and/or logins and other access keys; and
- not to upload, store, publish, distribute, post, advertise, send, provide access or otherwise use User Content that (a) contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Users or third parties; and (b) is spam, bullying, vulgar or obscene, contains pornographic images and texts, scenes of a sexual nature, including involving minors, or scenes of violence, including sexual, against people or animals; and (c) contains any form of incitement to suicide and/or promotes or promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority, or contains extremist materials; and (d) promotes violation of the rights or legitimate interests of other Users or third parties or promotes a crime or contains tips/guidelines/instructions for its commission; and (e) violates other rules of this Agreement or is prohibited by applicable law; and
- not to perform any actions (with or without automation tools) aimed at collecting any personal data of other Users; and
- not to take any actions and not to assist third parties in performing actions aimed at disrupting the operation of the Application and/or Services, including, but not limited to, (a) downloading viruses or malicious code; (b) performing actions that may lead to the shutdown of the Application and/or Services, to disrupt the normal operation of the Application or its software, or to worsen the appearance of the Application and / or the Content of the application.
- not to take any other actions that are illegal, fraudulent, discriminatory or misleading.
Services from time to time may include any virtual objects that the User can "earn"/receive during the game. The User is hereby deemed duly notified that such virtual objects (1) exist exclusively within the Application and are not intended for use in real life; and (2) have no other value/value other than that which they have in the game; and (3) the Company may at any time without anyor prior notice to delete, reset, change and/or modify them without prior notice and/or providing any compensation to the User.
The Company releases itself from any liability for damage, losses, lost profits, loss of reputation and/or any other damage caused to the User by the loss, loss, deletion, zeroing, disappearance of any virtual objects due to (1) a technical malfunction or malfunction of the Application, or (2) the establishment of Updates, or (3) deletion of the User's account in connection with his violation of the terms of this Agreement, or (4) deletion of the Application on the smartphone by the User. Reviews of the application
Every User from time to time has the right (but not the obligation) to leave or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Application or the quality of the Services provided. Such reviews can be sent by the User in the following way: Go to the settings page inside the application and click the "Support Service (en: support)" button
In case of sending such an idea, review, proposal or project, the User automatically grants us a non-exclusive, royalty-free, worldwide license with the right to transfer and issue sublicenses for storage, use, distribution, modification, launch, copying, public performance or display, translation of your ideas, reviews, proposals or projects, as well as the creation of derivative works based on them.
Any such information provided to the Company is automatically recognized as non-confidential.
5. PLACING ADS IN THE APP
Advertising placement by the company
5.1. The Company has the right to post any advertising or marketing materials from time to time.
Advertising by third parties
5.2. The Application content may contain links to third-party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as "Third-party Advertising"). THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY (1) FOR THE CONTENT OF THIRD-PARTY ADVERTISING, AS WELL AS FOR THE AVAILABILITY, QUALITY AND SAFETY OF THE GOODS/SERVICES PROMOTED IN SUCH ADVERTISING; AND (2) FOR ANY LOSSES, LOSSES OR DAMAGES INCURRED OR CAUSED TO THE USER AS A RESULT OF READING SUCH ADVERTISING, USING THE NAME OF THE GOODS/SERVICES PROMOTED IN THE ADVERTISING OF THIRD PARTIES.
5.3. In the case of switching to another site through third-party Advertising, the Company cannot guarantee that such a website is safe for the User and/or his computer. Nothing in the text of this Agreement should be interpreted as an assurance, encouragement, recommendation or inducement of the User to use third-party Advertising, visit any third-party sites, as well as try, purchase, use any third-party goods/services.
6. MAKING PAYMENTS VIA THE APP
Subscription and Free 14-Day Trial, Return, and Cancellation Policy for the Music App
Thank you for choosing our music app subscription service. We strive to provide you with an enjoyable experience. Please review the following policies regarding subscriptions, the free 14-day trial, and the return and cancellation process.
1. Subscription Overview:
1.1 Free 14-Day Trial:
Upon signing up, new users are eligible for a free 14-day trial of our premium subscription service. During this trial period, users have full access to all premium features.
1.2 Subscription Activation:
At the end of the 14-day trial, users will be automatically enrolled in the paid subscription service unless they choose to cancel before the trial period concludes.
2. Subscription Cancellation:
2.1 Cancellation during the Free Trial:
Users can cancel their subscription at any time during the 14-day free trial without incurring any charges. Cancellation during this period ensures no automatic transition to the paid subscription.
2.2 Cancellation after Trial Period:
After the free trial ends, users can still cancel their subscription at any time. The cancellation will take effect at the end of the current billing period.
3. Refund Policy:
3.1 Refunds for Technical Issues:
If users encounter technical issues causing unintended subscription renewals or charges, please contact our customer support immediately. Refunds will be issued for verified technical errors on our end.
3.2 Post-Trial Refunds:
Refunds for subscription charges after the trial period will be considered on a case-by-case basis. Users should contact customer support with refund requests, and eligibility will be determined based on individual circumstances.
4. Contact Information for Refund and Cancellation Requests:
- Email: firstname.lastname@example.org
- Phone: +77078600275
5. Important Notes:
Subscriptions are set to auto-renew by default. Users are responsible for managing their subscription settings to avoid unintended renewals.
5.2 Notification of Changes:
Users will be notified in advance of any changes to subscription fees or terms. Continued use of the app after such notifications implies acceptance of the updated terms.
7. ACCESS TO THE APPLICATION
7.1. The Company reserves the right to change or modify the Content of the application at any time without specifying a reason, at its sole discretion and without the need to notify the User about it. The Company also reserves the right to modify, interrupt or terminate part or all of the Application at any time without any additional notice. In connection with the above, the Company does not assume any responsibility to Users or third parties for any changes, modifications, deletions, cancellations, terminations or interruptions in the operation of the Application.
7.2. The Company does not guarantee that the Application and Services will be available to the User permanently. From time to time, the Company may encounter problems in the operation of equipment, application software or other problems, which may require time for the Company to study and fix such problems. Such error correction can lead to failures, delays or errors in the operation of the Application. The Company reserves the right to change, revise, update, suspend, terminate or otherwise modify the Application at any time or for any reason without prior notice. The User agrees that the Company is not responsible for any loss, damage or inconvenience caused by the User's inability to access or use the Application during downtime or termination of the Application. Nothing in the terms of this Agreement will be interpreted as obliging Us to maintain the operation of the Application without interruptions and failures.
7.3. The Company may provide Updates from time to time and require their installation on the User's smartphone or other device. In this case, the User is the only responsible person for installing Updates and is fully responsible for any losses, losses, damage or lost profits caused to the User by late installation of Updates or not installing them at all, incompatibility of installed Updates and a smartphone / other device. The Company does not provide any technical support or Internet connection to the User to be able to access the Services and/or their Updates.
Deleting an account
7.4. The User has the right to stop using the Application at any time by deleting it from his smartphone.
7.5. In the event of (1) violation by the User of the terms of this Agreement or when the Company has sufficient grounds to believe that such violations have been committed; and/or (2) violation of the intellectual property rights of the Company, other Users or third parties; and/or (3) the commission of actions that are illegal, violate the rights and interests The Company, other Users or third parties, or undermine the operation of the Application or the ability of other Users to use the Application; and/or (4) the User uses the Services or the Application in a way that may entail legal liability for the Company in the future; and/or (5) if required by applicable law or a competent government authority, the Company has the right to terminate (stop) the User's access to the Application and Services at any time without prior notice by deleting his account.
If the circumstances described in the previous paragraph occur, the User is prohibited from creating any other accounts in the Application in the future.
7.6. In all cases of deleting the User's account or deleting the Application from the User's smartphone or other device, all data and information posted by the User in the account and/or associated with it will be permanently deleted. The Company does not assume any responsibility for the deletion of such data and information, as well as for any harm, damage, loss or loss of profit caused to the User by such deletion and/or lack of access to the Services in general.
8. ASK A QUESTION
8.1. If you have any questions regarding the terms of this Agreement or the procedure/method of their execution, you can address your question to us in the following way: email@example.com
8.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
9.1. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
FOR ANY INDIRECT, ACCIDENTAL, UNINTENTIONAL DAMAGE, INCLUDING LOST PROFITS OR LOST DATA, DAMAGE TO HONOR, DIGNITY OR BUSINESS REPUTATION CAUSED BY THE USE OF THE APPLICATION, SERVICES OR OTHER MATERIALS THAT THE USER OR OTHER PERSONS HAVE ACCESSED THROUGH THE APPLICATION, EVEN IF THE COMPANY HAS WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM; AND
- FOR THE ACTIONS OF OTHER USERS, FOR USER CONTENT POSTED BY USERS, FOR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESS TO THEM WAS PROVIDED THROUGH OUR APPLICATION) TO WHICH THE USER HAS GAINED ACCESS; AND
- in cases expressly provided for by the terms of this Agreement or the norm of the current legislation.
9.2. Our liability for anything related to the use of the Application and/or Services is limited to the extent permitted by applicable law.
10. DISPUTE RESOLUTION PROCEDURE
10.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes are subject to resolution in accordance with the procedure established by the current legislation of the Republic of Kazakhstan.
11.1 Payment Frequency:
Royalty payments to artists will be processed quarterly.
11.2 Association Abyroi:
Payments will be facilitated through the association known as Abyroi, acting as the intermediary for royalty distribution.
11.2. 1Eligibility and Criteria:
11.2.2 Membership Requirement:
Only artists who are members of Association Abyroi are eligible to receive royalty payments through this mechanism.
11.2.3 Qualification for Payment:
Artists must meet the criteria established by both the music app and Association Abyroi to qualify for royalty payments.
11.3. Payment Process:
11.3.1 Quarterly Schedule:
Royalty payments will be calculated and processed on a quarterly basis.
11.3.2 Payment Calculation:
The calculation of royalty payments will be based on predetermined criteria, including but not limited to the number of streams, downloads, and other relevant usage metrics.
11.3.3 Payment Notification:
Artists will receive notification from Association Abyroi detailing the amount and breakdown of their royalty payments.
11.4. Rights and Obligations:
11.4.1 Association Abyroi's Role:
Association Abyroi will act as the authorized entity responsible for collecting, managing, and distributing royalty payments to artists in accordance with their contractual agreements.
11.4.2 Audit Rights:
Artists have the right to audit their royalty statements through Association Abyroi, subject to the terms outlined in their membership agreement with the association.
11.5. Changes and Notifications:
11.5.1 Notification of Changes:
Artists will be notified in advance of any changes to the royalty payment process, frequency, or any other relevant terms through Association Abyroi.
11.5.2 Consent to Changes:
Continued participation in the royalty payment program through Association Abyroi after receiving notifications implies the artist's acceptance of the updated terms.
11.6. Dispute Resolution:
11.6.1 Dispute Process:
In case of disputes or discrepancies related to royalty payments, artists may follow the dispute resolution process outlined by Association Abyroi.
12. FINAL PROVISIONS
11.1. We may revise, supplement or change the terms of this Agreement from time to time. Such changes, as a rule, are not retrospective.
THE COMPANY DOES NOT ASSUME ANY OBLIGATION TO NOTIFY USERS OF UPCOMING OR PAST CHANGES TO THE TEXT OF THE AGREEMENT. By joining the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If, after the changes or additions made to the text of the Agreement, the User continues to use the Application, it means that he is familiar with the changes or additions and has accepted them in full without any objections.
11.2. Unless otherwise expressly stated in the provisions of this Agreement or does not directly follow from the norms of current legislation, the substantive law of the Republic of Kazakhstan applies to the terms of this Agreement.
11.4. If one or more of the terms of this Agreement has lost its legal force or is declared invalid according to the current legislation, the remaining terms of the Agreement do not lose their force and continue to act as if the condition recognized as invalid or invalid did not exist at all.
11.5. Access to the Application and its Services is provided to the User "as is", We do not promise, do not guarantee, do not imply that the Services and the Application may or may not suit your needs, goals, expectations, and therefore do not guarantee any specific result or consequences as a result of your use of the Application and its Services.