---- USER AGREEMENT

This Agreement is signed by and between a user (hereinafter "the User" of --- services (hereinafter "the Service") provided by ---- (hereinafter "the Company"), the rightful owner and operator of the Service.

GENERAL

1. By becoming a User and using the Service, I agree to abide by all Service policies, whether explicitly written on paper or electronically, and the terms and conditions of this User Agreement during the entire period of my using the Service.

2. I acknowledge that  the that Company has the right to revise this Agreement  having given me at least 14 days notice of such amendments coming into effect. The notice is located on any webpage of InstantChess.com in a form of highlighted in red the link 'User Agreement'. During the notice both versions (old and new) of the User Agreement are available.

3. I agree that all Service users have equal rights irrespective of any additional factors.

4. I acknowledge being a resident of such country as I indicated at registration.

USE OF THE SERVICE

5. I undertake never to give my log in data to any third party and not to grant the right to use my screen name. In particular, I undertake not to allow any other person to use my screen name for game playing, chatting or otherwise.

6. I agree not to use a screen name that does not belong to me.

7. I shall not use chess database software, position analysis software, or chess engines during the entire period of my games with an opponent, unless such software is incorporated into the Service chess software or the fact that the use of such software is indicated in my Profile. I agree that the Company has the right to monitor any violations of these rules and at the slightest suspicion thereof to reduce my rating, peremptorily and without any prior notice, to any level, at the Company's sole discretion.

8. I shall not copy or display or reproduce or modify or transmit the contents of Service software without the Company's prior consent in writing.

9. I agree to indemnify the Company from and against any liabilities, claims, losses and causes of action (including attorneys' fees) arising from the Company's exercise of its rights in accordance with this Agreement.

INAPPROPRIATE USE OF THE SERVICE

10. I acknowledge that I have no right to use Service software to:

a. Download, send, transmit or otherwise publish any materials that are illegal, harmful, threatening, defamatory, offending morals, infringing copyright, promoting terrorism, hatred and/or discrimination among people based on person's religion, race, gender, sexual orientation, ethnicity, social characteristics, as well as materials that contain harassment directed towards persons or agencies.

b. Download, send, transmit or otherwise publish any materials that contain viruses or other computer codes, files or software meant to break, destroy or limit the functionality of any computer or telecommunications equipment, give unauthorized access to any paid Internet sources as well as materials that include any links to the above mentioned information.

IMPORTANT NOTICE. THE COMPANY DOES NOT GUARANTEE THAT THIS SITE WILL RUN ERROR-FREE OR WITHOUT INTERRUPTION OR THAT THIS SITE AND ITS SERVICES ARE FREE FROM VIRUSES. I ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE IF I HAVE TO REPLACE OR REPAIR MY COMPUTER EQUIPMENT, SOFTWARE, DATA, ETC., WHILE USING THIS SITE OR ITS CONTENTS.

I AGREE THAT THE COMPANY IS IN NO WAY LIABLE FOR ANY DAMAGES RESULTING FROM APPROPRIATE OR INAPPROPRIATE USE OF SERVICE SOFTWARE.

c. Transmit information that infringes any patent, trademark, trade secret, copyright or other property rights and/or copyright or similar right of any third party. I shall not use the Service for commercial purposes; distribution of any advertising or solicitation of funds, goods or services or to solicit Users to other competitive sites without the Company's prior consent in writing.

ACCOUNT AND SUBSCRIPTION

11. If a representative of the Company has reason to believe that I may violate or have violated the Service's policies or the terms and conditions of this User Agreement, I acknowledge and accept that this representative can take any appropriate measures at his/her sole discretion, including suspension of chat and forum features, or any features of the Service, or in exceptional cases, permanent closure of my access to my Service account without any fee refund.

12. I acknowledge that the Company at sole discretion may permanently close my access to my Service account and terminate this Agreement with me at the Company's convenience by providing me with one week's prior notice and fee refund for the residuary subscription period if any money fees have been paid by me (e.g. refund is not provided for subscriptions paid by gift certificates, prepaid or promotion codes and etc.). Refund applies only if I give the Company  my bank details for transferring this refund. Such details must be provided within a period of 6 days from the time the Company has given notice of Agreement termination with me.

13. The Company makes all reasonable efforts to create and keep an enjoyable atmosphere on the site. I acknowledge that any opinions expressed by Users or site guests are not necessarily those of the Company.

14. I acknowledge that the Company is not liable for any messages sent by Users or site guests.

15. I understand that from time to time the Service's software and hardware need maintenance and installation of new equipment, which may cause short term failures of the Service's operations. If the number of cumulative failures per calendar year exceeds 4 days (96 hours) the Company will reimburse the lost subscription period equal to the period of such Service failure. This provision only applies to such periods of Service failures as were caused by the Company's software or equipment. I accept that the Company is not liable for the failure of Internet sources, routers and computers of Users, or any other failures that are beyond its control.

16. I acknowledge that the Company will make all commercially reasonable efforts to keep the Service software operational at all times.

17. Any message or material that I send to the Service via e-mail or otherwise is considered as non-confidential.

18. By posting messages and playing on the Service, I automatically grant the Company the right to freely, perpetually and non-exclusively use, copy, modify, remove, publish, edit, translate, distribute and display the message or the game, either alone or as part of other materials, in any form or technology that has or will be developed.

19. I agree that the Company is at liberty to freely use any ideas, concepts, know-how or techniques contained in the messages that I post to the Service for the purpose of developing, manufacturing or marketing any product.

SUBSCRIPTION FEES

20. I am aware that the information about the initial fee and the payment methods accepted by the Company are indicated on the page containing information about the Service. The Service fee depends on the selected type of subscription.

21. I acknowledge that the Company has the right at any time to revise the fees; at the same time the Company will not claim from me any additional payment for the Service account period that I have already paid. I agree to make payment according to the new prices when I further extend my subscription on the Service.

22. I undertake not to claim any refund of the prepaid fee for the time which remains until my Service subscription expires, except in the case when the Company is unable to meet its engagements in providing me with the opportunity to play chess and the Service was not discontinued.

VIRTUAL CURRENCY AND GOODS

23. I know that my Service may contain virtual currency which is not restricted to "coffee beans". These may be bought for Facebook Credits or "real" money. It is possible to buy virtual goods for Facebook Credits or "real" money for "coffee beans".

24. I accept sales of virtual currency and virtual goods to be final and that there will be no refunds in respect of these.  It is not permitted to redeem virtual currency or virtual goods for "real" money, "real" goods or any other item of monetary value, either from the Company or from any other party.  Users and third parties are in no circumstances permitted to make transfers of virtual currency and goods between one another.

PAYMENTS

25. I acknowledge that to assure a high level of User security and protection from potential actions of any third party, the Company does not process credit/debit card payments, but contracts this function to secure and reputable online payment processors such as PayPal, Apple iTunes Store, Facebook Credits or similar.

26. I am aware that the Company supports the PayPal service of automatic replenishment of the User's subscription based on instructions given by the User to PayPal. Automatic replenishment means that upon expiration of my subscription to the Service and subject to my unwillingness to extend the subscription, I will have to log into my account on the Service or into PayPal and switch the auto renewal feature off otherwise I agree to be automatically charged by PayPal for the same period as my last renewal period. Instructions on how to switch the auto renewal feature off are provided at the FAQ section of the Service and the PayPal Help Centre. The Company automatically instructs PayPal to switch OFF automatic replenishment if the User has not used the service for a period of 60 days.

27. I acknowledge that the Service fees will only be paid by such payment methods as proposed by PayPal, Apple iTunes Store, Facebook and copied onto the Service page. Any payments effected by any other methods will be considered by the Company as having not been made.

INTELLECTUAL PROPERTY

28. I acknowledge that the Company has exclusive rights to all the information and software located at the Service pages.

29. I acknowledge that all information is protected by copyright or trademark or patents or other appropriate international laws.

30. Except as provided herein, I acknowledge that I have no licence or right to use the Company's intellectual property without the Company's prior consent in writing.

PRIVACY

31. I am aware that the Company makes all reasonable efforts to protect  Users' information given at registration and will in no way disclose or transfer the same to any third party.

32. I acknowledge that the Company does not process credit/debit cards but contracts this function to secure and reliable operators so the Company is never in possession of any User's credit/debit card details.

33. I accept that the Company is entitled to securely keep limited data on Users' payments as necessary for their future identification (e.g. for cases of forgotten password and etc.). Such data specifically includes Transaction ID, Subscription ID provided by the payment processor operator and linked to the Service screen name.

34. I understand that the Company cannot meet the conditions of Clause 22 unless I treat my log in information with due responsibility. I undertake to keep this information secure and to take all and any measures to prevent interception by any third party.

35. I understand that the Company cannot abide by the conditions of Clause 31 unless I treat the mentioned information with due responsibility. I shall not give this information to other Users.

CONDITIONS OF ACCEPTANCE OF AGREEMENT

36. I acknowledge that, whether I learnt all the provisions of this Agreement or only a part of them, having become a User I shall abide by all its conditions.

Last updated: July, 2012