LEGAL NOTICE FOR YOUR ACCESS AND USE OF THIS GAME

EFFECTIVE AS OF MARCH 28, 2023 AND LAST UPDATE ON MARCH 28, 2023

PLEASE READ THIS LEGAL NOTICE ("LEGAL NOTICE") CAREFULLY AND IN ITS ENTIRETY. THIS LEGAL NOTICE SETS THE RULES FOR YOUR ACCESS AND USE OF OUR GAME AT HTTP://WWW.CHESSARENA.IO, AND ANY OTHER SERVICES AND CONTENT THAT WE PROVIDE THROUGH THE GAME (COLLECTIVELY, THE “GAME”). UPON ACCESSING THE GAME, YOU WARRANT AND GUARANTEE THAT YOU (A) ACKNOWLEDGE THAT YOU HAVE READ THIS LEGAL NOTICE IN ITS ENTIRETY, (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (C) ARE AUTHORIZED AND ABLE TO ACCESS AND USE THE GAME.

1. GAME CONTENT OWNERSHIP

1.1 Ownership and License of Game Materials. All materials in our Game (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, materials linked to from within our Game or made available by other users of the Game), is our property, our licensors’ or of third parties, and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained in the Game for your personal and non-commercial use. Any other use of material in the Game, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Game, or use of the Game for purposes competitive to us, is expressly prohibited.

1.2 We, our licensors, and third parties, such as but not limited to websites linked to by the Game or other users of the Game, retain full and complete title to the material provided in the Game, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion.

1.3 You may not use contact information provided in the Game for unauthorized purposes, including marketing.

1.4 Trademarks in our Game. Trademarks, logos, and service marks displayed in the Game are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing in this Legal Notice shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed within the Game without the owner’s prior written permission, except as otherwise described herein. You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.

1.5 License to your Content. You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Game or that you allow to be transmitted through a third party website to our Game (“your Content”).

1.6 You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.

1.7 We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content will be made publicly available through our Game and other users of the Game will be granted a license to your Content pursuant to Section 1.6 of this Legal Notice.

2. PRIVACY NOTICE

2.1 Privacy Notice. We respect your privacy rights and are committed to being transparent with our use of your information. This Legal Notice concerns the information that (i) you may provide us with (for example when you sign up for our Game) and that we may (ii) collect from you automatically when you play our Game. If you have any questions on the data we collect, how we collect the information, or you want to delete it, please reach out to [email protected].

2.2 Data We Collect. If you sign up for our Game and play our Game, we may collect the following information from you to allow us to provide you the Game and improve your playing experience:

· Name and email address and public image URL associated with your Google or FB account

· Retention information: Number of sessions you have played, dates of the sessions, how many total hours, and when was the latest session.

· In-game settings data: Which settings you use in the Game Account progress

· Game results and progress: Number of checkmates in the game, total number of chess sets unlocked, high scores, etc.

· Usage information on our website at www.chessarena.io in anonymized form.

2.3 Data we Share. We share the information that we collect with our hosting services Digital Ocean and our analytic tools Google Analytics. Digital Ocean complies with its privacy protection standards. We are not responsible for their use and collection of your data.

2.4 Cookies. We may store some of your information via local storage (for example cookies) temporarily or permanently on your internet enabled device, which allows us to retrieve information on your device about your use of the Services (e.g. whether you have an account for our Game).

2.5 Under Thirteen. Our Game is intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any information from children that we know to be under the age of 13. In addition, we will delete any information in our possession that we discover originates from a child under the age of 13.

2.6 Your Data Rights and Retention. We retain information about you as long as it is necessary for us to fulfill the purposes outlined in this Legal Notice. In addition, we may retain your information for an additional period as is permitted or we are required to (for example to comply with our legal obligations, resolve disputes, or protect our users, us or our Services from your wrongful use of our Services in the future, and or enforce agreements). If required by applicable law, we shall delete your information when the information is no longer necessary or requested to do so.

Subject to the terms of this Legal Notice, you have the right to correct, update and change (if the information we process is incorrect), or delete your information or demand from us to release such information, as well as fully restrict our use of such information, by sending an email to [email protected]. Your rights, however, may be limited, for example we will keep your information if, at the time or foreseeable future, it is necessary for us to establish, exercise, or defend against a legal claim, and or protect our users, us or our Services from your wrongful use of our Services. s

3. LIABILITY

3.1 Third Party Services. We use third party services for our Game, including service providers to create the Game (“Third Party Services”). For any disputes or errors that occur or relate to circumstances that occur because of your interaction with, communication with and or use of these Third Party Services, you are subject to that Third Party Service’s terms of services.

3.2 Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Legal Notice, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct by us.

3.3 DISCLAIMER. THE GAME IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE LEGAL NOTICE.

3.4 WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

3.5 WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE GAME IS NONINFRINGING; THAT ACCESS TO THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE GAME WILL BE SECURE; THAT THE SERVER THAT MAKES THE GAME AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE GAME, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

3.6 WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

3.7 LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE GAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.