Thank you for visiting Caissa.com. These Terms and Conditions ("the Terms") are a legally binding agreement between Caissa Project LLC dba Caissa.com ("Caissa") and any Internet user ("Member") who chooses to register for a membership on Caissa.com ("the Site") or uses any part of the service provided by Caissa.com or affiliated sites either directly or indirectly through an interface or app ("the Service"). These Terms govern the Member's use of the Service.

Please read these Terms carefully before using the Service. The Terms were last updated on 2022-03-01.

1. Acceptance of the Terms

If you do not agree with these Terms, please do not register as a member of the Service. By registering as a Member (either free or paid membership) of the Service, 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 on the Home Page of the Site.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of Caissa. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information and informs you of your privacy rights and protections.

2. Modifications to the Service

Caissa reserves the right to make modifications to the Service, as well as discontinue, either temporarily or permanently, any part of the Service 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 Service.

3. Member Accounts

Registering for the Service 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 Service features. You must be at least 13 years of age to register for a member account. If you are under 13 years of age, you must have a parent or guardian older than 13 years register for you. Once you have successfully registered, you agree that your member account is only for your personal use and you will not provide your login credentials to anyone else.

Each member account is identified by a unique username (handle). You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Member accounts are generally classified into free (guest) and paid (subscription) accounts.

The default account type is a free account. Free accounts may: (a) be limited in the features that can be accessed, (b) expire after a specified amount of time, and/or (c) present the Member with advertisements. Caissa reserves the right at any time to change the features and member obligations associated with a free 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 account.

Caissa also offers paid accounts in various membership levels. Paid accounts will not be presented with advertisements and may have access to additional areas or features of the Service compared to free accounts.

4. Subscriptions

Paid accounts are offered as subscriptions with either monthly or yearly terms. By purchasing a subscription you agree to an initial payment and a recurring subscription fee at the then-current subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your subscription at any time subject to the terms of our cancellation policy.

Cancelling a subscription will prevent any future charges to the account, but no refunds will be given for charges which have already occurred. If any time remains in the current term the account will continue with its current privileges until that time has expired.

A subscription may also be automatically cancelled if a subscription payment is declined, retracted, disputed, or otherwise unpaid.

Once a subscription has been cancelled, either through explicit Member action or through non-payment, the account will revert to a free account.

5. Member Conduct

You expressly understand and agree that you are solely responsible for all activity that occurs under your account, whether done by you or any other person using your account.

When 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 not to allow any other person to play games under your account, and to not purposely lose or draw games in order to artificially deflate your rating (commonly known as "sandbagging").

You agree to not use the site to:

1. 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;
2. 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;
3. 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;
4. harass, intimidate, stalk, or otherwise interfere with another member;
5. 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;
6. 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;
7. interfere with or disrupt the Site or any machines or networks connected to the Service, 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) restrict Member's access to the account for a designated period or until the violation has been remedied; (b) block access to certain features or remove certain privileges from the Member's account; or (c) terminate and delete the Member's account without further recourse.

In no case shall any refund be provided or claimed, regardless of any reduction of privileges or forfeiture of time remaining in a subscription term.

7. Termination

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 the Member in fraudulent or illegal activities, (d) engagement by the Member in any activity that disrupts the proper functioning of the Service or jeopardizes the security of the Service, (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

You acknowledge that all member data, text, graphics, photos, sounds or other materials ("content"), whether publicly posted on the Service or privately transmitted using the Service, 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 Service. You acknowledge that Caissa does not monitor, regulate, pre-screen, or moderate the content made available on the Service 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, but not the obligation, to remove the content.

Caissa does not claim ownership of content that you submit or make available for inclusion on the Service. 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.

You are responsible for any content that you post to the Service, including its legality, reliability, and appropriateness. You represent and warrant that: (a) the content is yours (you own it) or you have the right to use it and grant Caissa the rights and license as provided in these Terms, and (b) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity
• Defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups
• Spam, machine-generated, randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights
• Impersonating any person or entity including Caissa and its employees or representatives
• Violating the privacy of any third person
• False information or deliberate misinformation

Caissa reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with these Terms, and to refuse or remove this content. Caissa further reserves the right to make formatting and edits and change the manner of any content.

As Caissa cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Caissa be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

9. Content Loss

Although standard precautions are taken and regular backups of content are performed, Caissa does not guarantee there will be no loss or corruption of data. You acknowledge that Caissa has no liability related to the integrity of content or the failure to successfully restore content to a previous state.

You agree to maintain a complete and accurate copy of any important content in a location independent of the Service.

10. Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to evaluate any claim that content posted on the Service infringes a copyright or other intellectual property rights of any person.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

If You are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email dmca@caissa.com and include in your notice a detailed description of the alleged infringement.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at dmca@caissa.com. Upon receipt of a notification, Caissa will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

11. Proprietary Rights

You acknowledge and agree that the Service contains proprietary and confidential content, including but not limited to designs, web page layouts, text, graphics, pictures, videos, information, applications, software, music, sounds 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 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 Service. You agree that by registering for a member account (either free or paid), this only grants to you a personal, non-commercial, non-transferable, non-exclusive license to access and use the Service, and does not grant any claim to ownership of the Service in whole or in part.

The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of Caissa and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Caissa.

12. Links to Other Websites

The Service may contain links to third-party web sites or services that are not owned or controlled by Caissa.

Caissa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Caissa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

13. Disclaimer of Warranties

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Caissa expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Caissa provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Caissa nor any of Caissa's providers makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (b) that the Service will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (d) that the Service, its servers, the content, or e-mails sent from or on behalf of Caissa are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Caissa or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if Caissa or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In such a case each party's liability will be limited to the greatest extent permitted by law.

15. Indemnity

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 Service, or your submission of content that is made available through the Service.

16. Governing Law

The laws of the United States shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

17. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

18. Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days of notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.