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Terms of Use. Chess NFT marketplace

Last revised: November 17, 2021

1. Introduction

In this document, references to we/our/us are to Company. Any references to Customer/you/your are references to you as a customer of Company and user of our services and product.

By signing up to use an account through the Website or any of our associated websites (collectively the "Website"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.1.4 This Agreement will govern the use of the services and the products provided by Company. By using it, you agree to be bound by the terms and conditions set out on this Website (the "Agreement"). This Agreement will come into effect when you confirm that you agree to it.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, AS WELL AS THE TERMS OF USE, YOU MAY NOT USE THE SERVICE AND ANY NFT PLACED ON THE WEBSITE.

The Chess NFT Marketplace allows you to buy, sell, resale and display, list for auction, make offers, and bid on non-fungible tokens (NFT) issued by the Company on Everscale Blockchain (former Free TON Blockchain) based on an agreement and a license granted International Chess Federation, whose registered office is at Avenue de Rhodanie 54 – 1007 Lausanne, Switzerland (FIDE).

Use of NFT and other cryptocurrency (digital assets) available as a payment method on the Chess NFT Marketplace may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with digital assets in your jurisdiction before using the Website.

The Company uses third-party services to process any fiat or cryptocurrency payments and transactions between you and the Company. All of your interactions with third parties and the services they provide are regulated by different terms, conditions and policies, and to which you expressly and independently agree whenever you execute third party agreements and conduct with/through them.

This Agreement is not a solicitation for investment and does not represent in any way an offering of securities in any jurisdiction.

These Terms of Use can be published in different languages for localization purposes. Still, in case of any discrepancies between the English version and version in language other than English, the English version shall always prevail.

2. Eligibility

To be eligible to use any of the services and products on the Chess NFT Marketplace, you must be at least 18 years old, have the capacity to enter into legally binding contracts and reside in a country in which the relevant services and products are available or you must be at least 13 years old and you perform the transactions by means granted by your legal representative for use on the Chess NFT Marketplace or for free use.

3. License

You acknowledge and agree that NFTs are made available for entertainment purposes only.

By purchasing NFTs on the Chess NFT Marketplace, you get an ownership of a specific NFT. As the owner of an NFT, you have the right to, at any time, sell, trade or transfer the NFT to third parties.

As long as you retain ownership of a specific NFT, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use the NFT’s content, to the extent it is licensable under applicable copyright laws, solely for your own personal, non-commercial use.

You agree that you may not, nor permit any third party to do or attempt to do any of the following without express prior written consent from Us in each case:

  • unless indicated otherwise, use NFT and/or NFT’s content to advertise, market, or sell any product or service;
  • use NFT and the content in connection with any illegal or specific actions and products including but not limited to as in images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or otherwise infringe upon the rights of others, pornography, weapons, discrimination and/or political campaigns or causes;
  • attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to NFT and/or NFT’s content;
  • otherwise utilize the content from your NFTs for your or any third party’s commercial benefit.

You have a right to transfer NFT, provided that the transferee accepts all of the terms of this Agreement. We are not responsible for any transaction between you and a third party out of the Website. We shall have no liability in connection with any such transaction. You understand and agree that you are solely responsible for determining the nature, value, suitability and appropriateness of risks of secondary market operations.

4. Customer registration process

To use the Website and before purchase of NFT, you will need to register for an account by providing your identification information and accepting the terms of this Agreement. By using the Website, you agree and represent that you will use the Website only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs under your account. The Company may, in our sole discretion, refuse to open an account for you, or limit the number of accounts that you may hold or suspend or terminate any account.

The list of authorization methods is available at the Chess NFT Marketplace. When you choose a wallet authorization, we do not own your private keys and have no access to this wallet.

To become a customer, in order to execute your transaction or in other cases, you may also be required to provide the information necessary to verify your identity and for the detection of anti-money laundering, terrorist financing, fraud, or any other financial crime. Failure to provide any information that Company reasonably requests from you pursuant to applicable money laundering laws and regulations after you have become a Customer shall be grounds for the suspension of the provision of Services to you (including access to your account) and/or the termination of this Agreement.

The information we request may include certain personal information including, but not limited to, your full name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, billing type, source of funds, government issued documents, marital status, title, gender, residential address, nationality and other requested details. The nature and extent of the information you are required to provide may differ, for example, based on the services provided to you under this Agreement and/or the means of payment you use. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with the data protection provisions of this Agreement.

You authorize us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Company services and/or before permitting you to engage in transactions beyond certain volume limits.

You authorize us to make enquiries directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Company services and/or before permitting you to engage in transactions beyond certain volume limits.

5. Risks

You agree that using the Website you assume the following risks:

  • To the extent there is a price or market for NFT and cryptocurrency, such markets and prices are extremely volatile, and variations in the price of digital assets could materially and adversely affect the value of any digital asset(s) you own, including NFT, and there is no guarantee that your NFTs will have or retain any value;
  • the commercial or market value on NFT that you purchase may materially diminish in value as a result of a variety of things such as negative publicity in connection with the Company or FIDE;
  • there are risks associated with using a digital assets including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere, and We will not be responsible for any of these, however caused;
  • We do not make any promises or guarantees about the availability of NFT;
  • upgrades to Everscale Blockchain, a hard fork or other change in the blockchain, a failure or cessation of Everscale Blockchain, or a change in how transactions are confirmed on Everscale Blockchain may have unintended, adverse effects on all blockchains using such technologies, including without limitation NFT;
  • We do not make any promises or guarantees related to any other third parties provided you any services for your NFT, including but not limited to the continued availability of either and/or the protection and/or storage of NFT or any data you provide to those parties;
  • the risk of losing access to NFT due to loss of private key(s), custodial error or purchaser error;
  • the risk of hacking, security weaknesses, fraud, counterfeiting, cyber attacks and other technological difficulties;
  • the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of NFT;
  • the risks related to taxation;
  • that NFTs are not legal tender and are not back by any government;

In addition to assuming all of the above risks, you acknowledge that you have obtained sufficient information to make an informed decision to buy, sell, transfer, hold, display and other actions with NFT and that you understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself.

We cannot and do not represent or warrant that any NFT, or its supporting systems or technology, is reliable, current or error-free, meets your requirements, or that defects in NFT, or its supporting systems or technology, will be corrected.

6. Placing orders and payment

NFT(s) can be ordered at the Website by clicking the order button. Please check the accuracy of the provided data during the order.

The price and availability of NFT may change at any time and without prior notice. If you have placed the order before the price changes, the price valid at the time of the order shall apply. The Company may also apply quantity limitations on orders at its sole discretion.

The prices for an initial market are listed in United States dollars, Ether (ETH) and/or Everscale (EVER, former TON) cryptocurrencies. The Company does not provide a fiat payment service for the secondary NFT market.

The Company accepts Visa, Mastercard and other payment methods for fiat payments (USD) and base cryptocurrencies as an alternative payment method. The list of available payment methods, cryptocurrencies and supported Everscale wallets are displayed on the Chess NFT Marketplace.

The price of NFT in cryptocurrencies depends on the market price of these cryptocurrencies at the time of your payment. If you pay in different currency the exchange rate is also depending on your bank or payment provider issuer. The exchange service provided by the third party and the Company has no liability for this service.

Price is displayed with VAT and other taxes, but does not include transaction costs that may arise for cryptocurrency payments.

The full amount will be charged at the time of execution of the order.

If the payment of a due amount is not received or in case of irregular payment, the Company reserves the right, after taking your order, to suspend or cancel the order.

Acceptance by us of an order for a NFT purchase does not guarantee that you will receive the NFT. The NFT purchase is conditional upon actual receipt by us of the funds from your credit or debit card or the specified amount of cryptocurrency, as well as payment of any applicable fees.

Due to the decentralized Free TON Blockchain nature the NFT can be bought by another Customer between when you have submitted an order for the NFT purchase and debit your card or get cryptocurrency payment. In this case the funds or assets will be returned to you.

After the payment for the order will be executed and the NFT, that you ordered is available, the Company will initiate a transfer of NFT to the wallet address indicated to you at the time of the order. If you have no wallet address, you are available to create it in EVER Surf or other applications for Free TON Blockchain and supporting NFT.

The Company does not provide a compliance assessment of user’s legislation and will not be liable for any penalties and any negative effect that may arise as a result of the purchase and delivery of NFT(s) for cryptocurrency.

Please note that some countries may apply duties or other taxes and other restrictions for cryptocurrency operations. The payment of these duties and a local statutory compliance is your exclusive responsibility.

7. Cancellations and refunds

Once an order to buy or sell NFT has been made it cannot be cancelled or recalled.

All orders are final and cannot be refunded once the NFT has been sent to the supported NFT wallet address selected by you or provided to you on the Chess NFT Marketplace.

Once an order has been sent to the NFT wallet indicated at the time of purchase it cannot be recalled or retrieved under any circumstances.

This no-refund policy shall apply at all times regardless of your decision to use of the NFT, any disruption to the operations of any components of the NFT, or any other reason whatsoever. Please note that the 14 days withdrawal period will not apply the delivery of NFT. NFT are not delivered on a tangible medium (disk, package or otherwise) and the delivery begins after your express consent and acknowledgement that you lose the right of withdrawal.

You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases are final. The Company's obligation towards you will be absolutely discharged upon delivery of the product to you and shall have no claim or right against the Company upon such delivery.

You understand and agree that due to the nature of blockchain technology the Company cannot block a NFT for you even if you receive and accept your order to buy the NFT. Therefore, the refund option is only available if after accepting your order to buy NFT but before receiving a payment from you the NFT was transferred to another user who paid it ahead of you.

8. Suspension, termination and cancellation

The Company may: (a) refuse to complete, or block or cancel you have authorized, (b) suspend, restrict, or terminate your access to any or all of the Services, and/or (c) deactivate or cancel your account with immediate effect for any reason, including but not limited to where:

  • there is a reason to suspect that you are acting in breach of this Agreement or applicable legislation;
  • we have identified that a transaction is erroneous or shows signs of market manipulation;
  • we have identified a threat to security of your account, including for prevention of data leaks;
  • we have a reason to suspect that Chess NFT Marketplace is being used for the purposes of fraud or in breach of this Agreement;
  • use of your account is subject to any pending litigation, investigation, or government proceeding;
  • you fail to provide on request documents or information as reasonably required in order to comply with obligations under applicable laws.

In the case any of the above become applicable, the Company shall make reasonable efforts to inform you about the withholding or suspension.

The Company shall not be liable for any losses you may suffer as a result of any reasonable action taken in accordance with this clause.

Where the circumstances described in this clause cease to exist, the Company may, at its discretion, either reinstate access to the account and the services and/or issue you with new account details and reserves the right to ask you to repeat the account opening procedure in part or in full as outlined in this Agreement and to resolve any open issues with your account before a restriction is removed.

9. Fees

All fees payable under this Agreement, including primary and secondary market for NFT are displayed during the operation flow and shall be paid in currency or cryptocurrency displayed at the Chess NFT Marketplace.

The Company reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank or payment provider. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the NFT order.

10. Data protection

The Company shall ensure the protection of your data, including your personal data, and the use of the data in line with the procedure prescribed by the terms of the Privacy Policy available at the Chess NFT Marketplace.

11. Liability

This clause sets out the entire financial liability for any acts, representations, misrepresentations, omissions or tortious acts of the Company, its employees, agents and subcontractors with respect to and arising from this Agreement or the use of the Chess NFT Marketplace

All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law.

All NFTs are provided on an “as is” and “as available” basis without warranties of any kind. The Company and/or FIDE disclaim all warranties, including warranties of non-infringement, marketability and fitness for a particular purpose. The Company shall not be liable for any pecuniary damages, loss of profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction, or for any form of direct or indirect damages, legal action whatsoever related to any NFT, any technology used by the Company or related parties, including Everscale blockchain. You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

You agree that this limitation of liability is applicable to any event, to the maximum extent permitted by applicable law, the company’s total aggregate liability shall not exceed one percent (10%) of the total sum paid directly by you to the company for the applicable NFT.

12. Warranties and representations

By agreeing to this Agreement, you represent, warrant and undertake to us that:

  • you have the legal capacity to enter into this Agreement;
  • you are entering into this on behalf of any third party;
  • you have acquired independent legal or other advice on the suitability and appropriateness of Chess NFT Marketplace for your needs;
  • you will not violate any applicable laws by entering into this Agreement or receiving the services provided under it;
  • you are not in breach of any applicable international export controls and/or economic sanctions requirements;
  • the information and documents you provided to the Company are true, complete, accurate, up to date and is provided in good faith;
  • you will not provide false, misleading or inaccurate information;
  • you will not use any means to directly or indirectly damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or the services;
  • funds or cryptocurrencies transferred to the Company have been acquired lawfully;
  • you will not use an anonymizing proxy, automatic devices or programmes to copy or monitor the Chess NFT Marketplace;
  • you understand and acknowledge that we cannot always warrant and guarantee, to the accuracy or completeness of all the information provided on the Chess NFT Marketplace.

Company warrants, represents and undertakes that it shall provide the Services with reasonable care and skill.

THE CHESS NFT MARKETPLACE IS AN INFORMATION SOCIETY SERVICE. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, EXCHANGE, GENERAL PURPOSE CRYPTOCURRENCY WALLET, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. THE CHESS NFT MARKETPLACE FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.

Company makes no representation or warranty that the services are applicable or appropriate for use by customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.

13. Term

This Agreement will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.

14. Complaints

For any complaint relating to the services, disputes, unexpected payments from the Company for various reasons, including suspected fraud, or charges more than you expected, and not receiving NFT or service, you are advised to contact us info@chessnft.com

More information about dispute and consumer protection provisions are described in clause 16 of the Agreement.

15. General

We also grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Chess NFT Marketplace, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Chess NFT Marketplace or Content is expressly prohibited and all other rights, titles, and interests in the Chess NFT Marketplace or Content is exclusively the property of Company and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

The logos and trademarks displayed on the Chess NFT Marketplace are registered marks and intellectual property rights of the Company, TON Labs (TON Venture Studio Ltd) or FIDE. You may not copy, imitate or use them without our prior written consent or any third party's copyright, trade secret, patent or other intellectual property rights, or rights of publicity or privacy.

You are prohibited from buying or selling NFT or using any of the Company’s services for yourself or for the benefit of a person who is a national, resides or has a place of establishment in any country subject to United States embargo, UN sanctions, the European Union or Her Majesty's Treasury's financial sanctions regimes (each a "Sanctioned Country"), or is a person on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or the EU or Her Majesty's Treasury's financial sanctions regime (a "Sanctioned Person").

The Company may periodically update these the terms of this Agreement. The changes will be deemed to have been accepted if you continue to use the Chess NFT Marketplace. If you do not accept the change, you must contact us to terminate the Agreement. You may terminate the Agreement immediately and free of charge with effect at any time.

We may make all other amendments to the Agreement by posting the revised Terms (Agreement) on the Chess NFT Marketplace, indicating when the revised Agreement becomes effective. Although we will endeavor to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your account and cease using the Chess NFT Marketplace.

Any information acquired about other customers through the Chess NFT Marketplace should be treated as confidential and only used it in connection with the Chess NFT Marketplace. Such information may only be used to the extent reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the customer’s express consent to do so. You may not send unsolicited communications to another customer through the Chess NFT Marketplace.

This Agreement comprise the entire understanding and agreement between you and Company as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement) between you and the Company.

Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, it shall not be seen as renouncement of such right.

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement will continue to be binding and operate after the termination or expiration of this Agreement.

16. Governing law and Legal dispute

Any matters arising from these Agreement shall be governed by and interpreted in accordance with the substantive laws of Estonia.

If a dispute arises between you and the Company, you are strongly encouraged to first contact us directly to seek a resolution.

In case of failure to settle any dispute through negotiations, any disputes which may arise out of or in connection with this Agreement shall be settled by the Harju County Court.

All private customers are entitled to address a competent supervisory authority, which is the Consumer Protection and Technical Regulatory Authority at Pronksi 12, 10117 Tallinn, e-mail: info@ttja.ee .

In order to resolve disputes, you, as a private customer, may address the Consumer Disputes Committee. The Consumer Disputes Committee is authorized to resolve disputes arising from contracts entered into between purchasers and sellers that the parties have failed to resolve by way of negotiations. Further information on the resolution of complaints is available at https://komisjon.ee/et/avalduse-esitamine (EST).

To protect you in case of fraudulent authorisation of your credit card or in other cases you are in duly justified cases of breaches of your consumer rights you can initiate a formal payment dispute with your bank or payment service provider (chargeback). You will need to contact your bank or payment service provider for more details on how their particular process works.

When a chargeback procedure is started, the Company is no longer able to resolve the dispute with you directly, and any refund you receive will come from your bank or payment service provider and not from the Company.

If you act as a legal person or a sole proprietor, the provisions relating to special consumer rights shall not apply to the purchase contract (the so-called consumer protection provisions).