1. ASSENT & ACCEPTANCE:
By using the Site , you warrant that you have read and reviewed these Terms of Use (“Terms”) and the Privacy Policy and you understand and consent to be bound by them. These Terms set forth your rights and obligations with respect to your use of any version of this Site. If you do not agree to all the terms contained in these Terms, you should not access this Site and leave immediately.
2. ABOUT AICFB :
All India Chess Federation for the Blind (AICFB) was established in 1997 and has been working for the promotion of chess in India for the blind. International Braille Chess Association (IBCA) which granted AICFB affiliation in1998,is responsible for the development and promotion of chess activities amongst the visually impaired all over the world. 14 state bodies affiliated & more than 2500 active chess players have been registered with AICFB. We have organized 19 Zonal levels chess tournaments, 9 National tournaments & sent Indian teams 12 times to participate in the World Chess Championship.
This website (www.aicfb.in) is owned and operated by AICFB.
Users of this Site that are employees or agents of other entities, please note that references to “you” shall mean and include both: (1) any entity or individual that is your employer or for whom you act as an agent, and (2) the “user” individually unless otherwise stated on the Site or in these Terms. The following Terms are a legally binding agreement between AICFB and you and govern your access to, and use of, the Site, including all information on it or submitted through it. The Privacy Policy shall be read as an integral part of these Terms. Please read these Terms carefully and contact us if you have any questions. You can contact us by:
Post: 128/4253 Kala Sadan Co-Operative Housing Society, Nehru Nagar, Kurla East, Mumbai – 400018.
Telephone: (+91) 948-055-1974 (or the contact number published on our website from time to time),
Email: [email protected] (or the email address published on our website from time to time).
3. AGE RESTRICTION
Persons under 18 years of age are not authorized to use the Site. By visiting this Site, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms. AICFB assumes no responsibility or liability for any misrepresentation of your age.
4. RESTRICTIONS ON USE OF CONTENT
(a) The Site contains a variety of information, including (without limitation) information, data, text, software, music, sounds, photographs, graphics, videos, messages or other materials, that we upload, post or otherwise provide in connection with the Site (“AICFB Content”). AICFB Content on this Site cannot be downloaded or modified without the express prior consent of AICFB. In addition, any copyrighted works may not be downloaded, distributed or used without the express prior written authorization of AICFB. You should assume that everything you see or read on this Site is copyrighted unless otherwise expressly stated. This Site is controlled by AICFB from our offices in India noted above.
(b) Our Site, including AICFB Content and User Generated Content is protected by intellectual property laws. You agree and warrant that the use of Site will be in accordance with applicable laws, and within the stipulations of these Terms and Privacy Policy. Any use beyond the permissible limits shall result in termination of your account, in addition to any other remedies available at law.
6. USER GENERATED CONTENT
“User Generated Content” means any and all information and content that a user submits or makes available to the Site or generates through operation of the Site. You are exclusively responsible for your User Generated Content. You bear all risks associated with use of your User Generated Content. You hereby certify that your User Generated Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Generated Content is in any way provided, sponsored or endorsed by AICFB as you alone are responsible for your User Generated Content and you may expose yourself to liability. AICFB is not obliged to backup any User Generated Content that you post; and your User Generated Content may be deleted at any time without prior notice to you.
You hereby grant to AICFB and its Third Parties and each Site user who downloads the User Generated Content under these Terms an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Generated Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Generated Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Generated Content.
7. ACCEPTABLE USE POLICY
The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to host, collect, upload, transmit, display, modify, publish, store, update, share or distribute any information including User Generated Content :
(i) that violates any Third Party right or any intellectual property or proprietary right or does not belong to the user;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy including bodily privacy, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, pedophilic, obscene, patently offensive, insulting or harassing on the basis of gender, racially or ethnically objectionable, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) that is harmful to child in any way; or
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) that is in violation of any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
In addition, you agree not to: (i) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (ii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (v) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
In addition to the rights above, you acknowledge and agree that we may keep the User Generated Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Generated Content violates the rights of Third Parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of AICFB, its users and the public.
We reserve the right to review any User Generated Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or the Privacy Policy or otherwise create liability for us or any other person. Such action may include removing or modifying User Generated Content, monitoring or terminating your account, and/or reporting you to law enforcement authorities.
If you provide AICFB with any feedback or suggestions regarding the Site through any media or means of communication, you hereby assign to AICFB all rights in such feedback and agree that AICFB shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. AICFB will treat any feedback you provide to AICFB as non-confidential and non-proprietary, with a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to AICFB to exercise now or later all existing intellectual property rights or other rights of yours or others contained in such feedback, for purposes of supporting AICFB charitable purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and other means, all or part of the feedback and any other information that you provide through or relating to our Site or the Content.
AICFB will cooperate with law enforcement authorities and comply with any court order or other proceeding under law requesting or directing AICFB to disclose the identity of any person posting information or materials that contravene the law or these Terms or the Privacy Policy.
8. PRIVACY
Our Privacy Policy is part of these Terms and is incorporated herein. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices. The Personal Information/data provided to us by you during the course of usage of Site will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Site.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless AICFB and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the User Generated Content you collect, host, display, upload, modify, publish, transmit, store, update or share on the Site, your use of the Site or related sites, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. We reserve the right to control exclusively or mount an independent defense of any matter that is subject to indemnification by you. You hereby agree that you will not settle any matter without our express prior written consent.
10. DISCLAIMERS
a) The Site and all its content (including AICFB Content and User Generated Content), AICFB or Third Parties (collectively, “Complete Site”) are subject to change and are provided on an “as is” and “as available” basis, without any warranty or condition of any kind, whether express, implied or statutory including, but not limited to, all warranties or conditions of merchantability and fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. AICFB makes no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. You agree that you will obtain (including through download) any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including (without limitation) to the computer system or loss of data of yourself or third parties deriving said content through you.
b) Limitation on Liability: To the maximum extent permitted by law, in no event shall AICFB or any of the Third Parties be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if AICFB has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
c) You agree not to rely on AICFB Content and to determine all relevant factors on your own, including (without limitation) accuracy, functionality, quality, reliability and other relevant factors. AICFB does not assume or admit any liability for User Generated Content on the Site. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any AICFB Content or assistance, or User Generated Content at any time, but do not undertake any duty to do so. Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by Third Parties, including users, are those of the respective author(s) or distributor(s) and not of AICFB, and for which AICFB admits no liability.
d) Exclusive remedy: you agree that your exclusive remedy for any breach of these Terms (including without limitation, the Privacy Policy) and for any aggregate damages due to you (or others related to you) by AICFB or any of the Third Parties for any reason relating to any part of the complete site, will be at our option: (a) substitution, correction or replacement of all or part of the content or service causing you damage (if any); or (b) the amount of your damages that are not excluded in the preceding section and which you actually incur in reasonable reliance, which amount will be lesser of the amount paid by you to purchase the merchandise/item causing the damage (if any) or the amount of said damages so incurred.
11. LINKED SITES
Our Site may contain links to websites belonging to third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their own independent privacy policies and terms of use (if any). You are not permitted to link or create a shortcut to our Site from your website, blog or similar application, without obtaining prior written permission from us.
12. AMENDMENTS
You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Policy. Amended versions of these Terms will be implemented from the effective date thereof and will apply to all information that was collected before or after the effective date, including information in databases. The changes will be effective when they appear in a replacement version of these Terms as posted by us on the Site. No other amendments claimed by you will be valid unless they are expressly agreed in writing and signed by AICFB and you. You warrant and undertake to be cognizant of the effective date of the then valid versions of these Terms. Use of the site after the effective date will constitute your consent to the amendments.
13. GOVERNING LAW AND JURISDICTION:
These Terms and your use of the Site are governed by the laws of India. You hereby consent to exclusive jurisdiction of the courts of Mumbai (Maharashtra ) for any dispute arising as a result of, or connected with, or incidental to your use of the Site.
14. NOTICES AND DISCLOSURES:
You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice to the email address provided by you, at our discretion, including (without limitation), for disclosure required by law, legal notices, service of summons or other legal process (if any), and all other communications. You hereby agree to check for notices posted on the Site.
We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us any Legal Notices by mailing it to us at Registered office at:128/4253 Kala Sadan Co-Operative Housing Society, Nehru Nagar, Kurla East, Mumbai – 400018, Attention: Mr Manish Thool
15. TERMINATION
You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without a prior written notice. Termination or cancellation will not terminate/eliminate any provisions that would be expected to survive termination by their nature, and shall continue to remain in full force and effect. An unauthorized use of the Site by you shall terminate the permission or license granted to you under these Terms and you agree that you shall not bypass any measures used by AICFB to prevent or restrict access to the Site.
16. ENTIRE AGREEMENT
These Terms, including the Privacy Policy (including any of the supplemental privacy policies), amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and AICFB regarding the Site or the subject matter of the foregoing (“Entire Agreement”).
AICFB’s failure to exercise or enforce any right or provision of Entire Agreement shall not operate as a waiver of such right or provision. If any provision of the Entire Agreement is found to be invalid or unenforceable, the other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to AICFB is that of an independent contractor, and neither party is an agent or partner of the other. Entire Agreement, and your rights and obligations therein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AICFB ’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The foregoing does not impair the enforceability of additional agreements you may enter into such as an agreement for a grant. You may print or make an electronic copy of the Entire Agreement for your official records; and, to the extent required by law, we hereby instruct you to do so. You shall not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
17. GRIEVANCE OFFICER
For any grievance, questions or concerns regarding this Site, Privacy Policy or Terms of Use, you are requested to contact the Grievance Officer listed below:
Grievance Officer Name: Mr Manish Thool
Grievance Officer Email: [email protected]
Grievance Officer correspondence address: 128/4253 Kala Sadan Co-Operative Housing Society, Nehru Nagar, Kurla East, Mumbai – 400018
Provided that if the complaint is under Rule 3(2)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the complaint should be submitted by email with “Complaint under Rule 3(2)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021” in the subject line, and the grievance shall be addressed within the time period stipulated by law.
These Terms of Use are effective on and from July 1st 2024