Terms and Conditions

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the website, programs, tournaments, memberships, and other services offered by Day & Knight Chess Club, a California nonprofit corporation ("the Organization," "we," "us," or "our"), including any related subdomains, applications, and future digital or in-person offerings (collectively, the "Services").

By accessing the Website, registering for a membership, enrolling in a class or camp, registering for a tournament or event, submitting a donation, or otherwise using the Services, you agree to be bound by these Terms. If you are registering, enrolling, or acting on behalf of a minor, your acceptance of these Terms on the minor's behalf is a condition of that minor's participation in the Services. If you do not agree to these Terms, you should not access or use the Website or Services.

These Terms should be read together with our Privacy Policy, which describes how we collect, use, and share information in connection with the Services and is incorporated into these Terms by reference.

2. Eligibility and Accounts

You must be at least eighteen (18) years of age to independently register for the Services or to accept these Terms on your own behalf. Individuals under eighteen (18) may participate in the Services only through registration completed by a parent or legal guardian, as described in Section 3.

If the Services include the creation of a user account, member dashboard, parent portal, or student portal, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, misused, or created with inaccurate information.

3. Minors, Parents, and Guardians

A substantial portion of our programming is designed for youth participants. Where a participant is a minor, a parent or legal guardian ("Parent" or "Guardian") must complete registration, accept these Terms, and provide any required consents, including consents related to media use as described in Section 10.

The Parent or Guardian registering a minor represents that they have the legal authority to do so and agrees to be financially responsible for any fees, damages, or other obligations arising from the minor's participation in the Services, to the extent permitted by law. Parents and Guardians are responsible for ensuring that a minor complies with the Code of Conduct described in Section 8.

4. Memberships

We may offer various membership tiers or programs that provide access to specific benefits, discounts, events, or content. Membership benefits, pricing, and terms may change from time to time, and we will provide reasonable notice of material changes affecting current members where practicable.

Memberships are personal to the Member and are not transferable unless expressly stated otherwise. We reserve the right to revoke membership privileges for violation of these Terms, the Code of Conduct, or any applicable rules of US Chess or FIDE governing sanctioned play.

5. Tournaments, Classes, Camps, and Events

Registration for tournaments, classes, camps, and other events may be subject to availability, eligibility requirements (such as age group, rating, or membership status), and specific rules published in connection with that event. Where a tournament is sanctioned by US Chess or FIDE, participants agree to comply with the applicable rules, codes of conduct, and rating regulations of those organizations in addition to these Terms.

We reserve the right to modify, reschedule, combine, or cancel any tournament, class, camp, or event for any reason, including insufficient enrollment, venue unavailability, weather, safety concerns, or circumstances beyond our reasonable control. In the event of a cancellation by the Organization, we will address refunds or credits consistent with Section 6.

6. Payments, Fees, and Refunds

Fees for memberships, tournaments, classes, camps, merchandise, digital products, or other paid offerings are due at the time of registration or purchase unless otherwise stated. Payment card and related financial information is processed by third-party payment processors, including but not limited to Stripe, PayPal, and Square, and is subject to their respective terms and privacy practices. We are not responsible for errors, delays, or disruptions caused by third-party payment processors.

Except where required by law or expressly stated in the registration terms for a specific event, fees are generally non-refundable. We may, in our sole discretion, offer a refund, credit, or transfer for a cancelled event, a documented emergency, or other circumstances we consider appropriate. Any specific refund policy published for a particular tournament, class, or camp will govern that offering.

7. Donations

Donations made to the Organization are voluntary contributions in support of our charitable mission and are generally non-refundable except where required by law. As a 501(c)(3) nonprofit organization, we will provide donors with acknowledgment of their contributions consistent with applicable Internal Revenue Service requirements, and donors are responsible for consulting their own tax advisor regarding the deductibility of any contribution.

8. Code of Conduct

All Users, Members, Participants, Parents, Guardians, volunteers, and staff are expected to conduct themselves in a manner consistent with the values and mission of the Organization. Prohibited conduct includes, without limitation:

• Harassment, bullying, intimidation, or discriminatory conduct directed at any individual;
• Cheating, sandbagging, or other conduct that undermines the integrity of tournament play;
• Violent, threatening, or abusive behavior toward participants, staff, volunteers, or spectators;
• Disruption of tournaments, classes, camps, or events;
• Use of the Website or Services for any unlawful purpose; and
• Violation of any applicable US Chess or FIDE code of conduct during sanctioned play.

We reserve the right to remove any individual from an event, suspend or terminate membership, or restrict access to the Website or Services, with or without notice, in response to a violation of this Code of Conduct, at our sole discretion.

9. Assumption of Risk and Waiver of Liability

Participation in chess tournaments, classes, camps, and related events may involve inherent risks, including but not limited to travel to and from event venues, physical presence in shared public or semi-public spaces, and incidental risks associated with group activities. By registering for or participating in an event, you acknowledge and voluntarily assume these risks on behalf of yourself or, where applicable, the minor for whom you are registering.

To the fullest extent permitted by applicable law, you release, waive, discharge, and covenant not to sue the Organization, its officers, directors, employees, volunteers, and agents from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, illness, or injury, including death, that may occur as a result of participation in the Services, except to the extent caused by the Organization's gross negligence or willful misconduct. Nothing in this section is intended to waive any right that cannot be waived under applicable California law.

10. Photography, Video, and Media Consent

The Organization may photograph, film, livestream, or otherwise record tournaments, classes, camps, and events. By participating in the Services, you grant the Organization a non-exclusive, worldwide, royalty-free license to use your name, image, likeness, and voice, and that of any minor for whom you have registered, in photographs, videos, and other media for purposes including event documentation, promotional and marketing materials, social media, our website, newsletters, and historical archives.

Where required by law or Organization policy, a separate media release may be requested for uses beyond incidental event documentation. Parents and Guardians may decline or withdraw media consent for a minor at any time by contacting us using the information in Section 24, though withdrawal will not apply retroactively to media already published or distributed.

11. User-Submitted Content

If the Services permit you to submit content, such as photographs, videos, documents, chess games, forum posts, comments, or testimonials ("User Content"), you retain ownership of your User Content but grant the Organization a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute that User Content in connection with operating and promoting the Services.

You represent that you have the right to submit any User Content you provide and that it does not infringe the rights of any third party or violate any applicable law. We reserve the right, but do not assume any obligation, to monitor, remove, or restrict access to any User Content at our sole discretion, including content that violates these Terms or the Code of Conduct.

12. Intellectual Property

All content on the Website, including text, graphics, logos, curriculum materials, and software, other than User Content, is the property of the Organization or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Organization content without our prior written consent, except as necessary for personal, non-commercial use of the Services.

13. Acceptable Use of the Website and Services

You agree not to use the Website or Services to:

• Violate any applicable law or regulation;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Interfere with or disrupt the operation of the Website, including through the introduction of viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to any account, system, or network related to the Services;
• Scrape, harvest, or collect information about other Users without their consent; or
• Engage in any activity that could harm minors participating in our programs.

14. Artificial Intelligence and Automated Tools

We may make available chatbots, virtual assistants, or other AI-powered tools to assist Users with questions or administrative tasks. Output from these tools is provided for general informational and administrative convenience only, may contain errors or inaccuracies, and does not constitute legal, financial, or medical advice. AI-powered tools are not intended for use in an emergency; in the event of a medical, safety, or other emergency, contact 911 or the applicable local emergency number directly.

15. Third-Party Services and Links

The Website and Services may incorporate or link to third-party platforms, including payment processors, hosting providers, analytics tools, and social media platforms. We are not responsible for the content, privacy practices, or terms of any third-party service, and your use of any third-party service is governed by that provider's own terms and policies.

16. Privacy

Our collection, use, and disclosure of personal information in connection with the Services is described in our Privacy Policy, available on the Website. By using the Services, you acknowledge that you have reviewed the Privacy Policy.

17. Suspension and Termination

We reserve the right to suspend or terminate your access to the Website or Services, including any membership or account, at any time and for any reason, including violation of these Terms, without prior notice, to the extent permitted by applicable law. Provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property, waiver of liability, indemnification, and dispute resolution provisions, shall survive any termination of your access to the Services.

18. Disclaimers

The Website and Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not guarantee any particular tournament result, rating outcome, or educational result from participation in the Services.

19. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Organization, its officers, directors, employees, volunteers, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your access to or use of, or inability to access or use, the Website or Services, regardless of the theory of liability, even if the Organization has been advised of the possibility of such damages. To the extent any liability is not fully disclaimed under applicable law, the Organization's total aggregate liability arising out of or related to these Terms or the Services shall not exceed the amount you paid to the Organization, if any, in the twelve (12) months preceding the event giving rise to the claim.

20. Indemnification

You agree to indemnify, defend, and hold harmless the Organization, its officers, directors, employees, volunteers, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Website or Services, your violation of these Terms, your violation of the Code of Conduct, or your violation of any rights of another party, including in connection with any minor for whom you have registered.

21. Dispute Resolution, Arbitration, and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms, the Website, or the Services shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in California, unless the parties mutually agree in writing to resolve the dispute through binding arbitration administered by a mutually agreed arbitration provider in accordance with its rules then in effect. Nothing in this section is intended to waive any right that may not be waived under applicable law.

22. Changes to These Terms

We may revise these Terms from time to time to reflect changes in our practices, the Services, or applicable law. Any changes will be effective upon posting the revised Terms to the Website, and the "Last Updated" date at the top of this document will be revised accordingly. Your continued use of the Website or Services following the posting of changes constitutes your acceptance of the revised Terms.

23. Severability and Entire Agreement

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. These Terms, together with our Privacy Policy and any other legal notices published by the Organization on the Website, constitute the entire agreement between you and the Organization with respect to your use of the Website and Services, and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

24. Contact Information

If you have questions or concerns regarding these Terms, please contact us at: