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The general terms of business of Karkowski & Schulz for all achievements of www.myChess.de

§1 Area of application
1. The internet page www.myChess.de is pursued by Karkowski & Schulz and is the property of Karkowski & Schulz. All contracts between the user of www.myChess.de come about between him/her and Karkowski & Schulz with Matthias Karkowski, Bleichstr. 46 a, D-35390 Giessen as the legal owner. In the following Karkowski & Schulz is called "myChess.de". The internet offer with the domain-address www.myChess.de including the mobile portal with the address mobile.myChess.de is called "www.myChess.de". The other contracting partner or customer from myChess.de is called "user" or "customer".

2. The contractual relationship between myChess.de and the user of www.myChess.de is ruled only in accordance with those terms of business. Differing terms and conditions of our customers which we do not expressly acknowledge are not binding on us, even if we have not expressly contradicted them.

§2 Principles
1. The user is fully responsible for all actions which are explained over her/his player - account. myChess.de meets no responsibility concerning the contents which are opened or are made accessible for the users and the visitors of www.myChess.de via mail, newsgroups, chatrooms, player-selfrepresentation with and without picture, player-messages or other user platforms. Guarantee duties are excluded, so far lawfully possible.

2. The user explains himself with it all right to omit from every form of insults, nuisance, menace or financial, psychic or physical damage, abuse or damage of another user or any other natural or juridical person via www.myChess.de.

3. Also the collection and/or spread of contents via www.myChess.de is forbidden, which myChess.de classifies as unlawful, injurious, extortionately, insulting, slanderous, indecently, agitation, racial discrimination or is in any other way despicably or which injures applicable laws. Any kind of commercial use, which goes beyond the private use of www.myChess.de is not allowed. Advertisement in every form is not permitted. Otherwise myChess.de reserves itself to solve the contract about the use of the www.myChess.de player account immediately and without notice and to remove suitable contents immediately, as soon as myChess.de gets to know from such an offense.

§3 Come about of a contract
With the registration at www.myChess.de the user agrees without reservation to the offer from myChess.de on the internet page and the regulations of these general terms of business, terms of payment and use conditions. With the finishing confirmation of the registration by email and by activating the player account as an acceptance of the offer a rent contract comes about between myChess.de and the user of the player account and the achievements linked with it. Multiple registrations of the same person with different usernames are not allowed.

§4 Right of withdrawal
The user can revoke his contract with myChess.de in written form (letter, fax, e-mail) within two weeks after he has finished his registration to www.myChess.de without having to give a reason.

§5 Contract object
The services under the domain address www.myChess.de are accessible on the internet to everybody. The access to www.myChess.de via the user's own player account and the use of it's services in the arranged rent time are object of the contract.

§6 Terms of payment
1. The customer pays the monthly rent fee for the player account including value added tax in each case for the duration of one year beforehand. If he does not cancel in written form (letter, fax, e-mail) within 28 calender days before the contract term of one year at first ends, counted 365 calender days after the day of activating the full membership account, the contract term is extended in each case automatically by another year.

2. myChess.de is entitled to change the prices at the end of the contract term if myChess.de informs the customer about the price change within 28 calender days before the actual contract term ends.

3. The customer authorizes myChess.de to charge or to debit the rent fees directly from a bank account to be named by the customer for each contract term of one year of membership beforehand.

4. Should the debit procedure miss from a reason myChess.de does not have to answer, 3,- EUR of additional handling charges are charged to the user in each case or are debited from his bank account.

5. Under reservation of divergently written arrangements, bills are due to the payment immediately and without deduction. The customer is entitled to offset only against undisputed claims and claims which have been established as legally effective.

6. If the customer falls into payment arrears myChess.de is entitled to charge interest on arrears in the amount of 5% p.a. over the base interest rate of the European central bank and to close the user's player account immediately.

7. The customer assures that all data he sends to myChess.de or stores on the internet page www.myChess.de are right and entire. The user undertakes to inform myChess.de immediately in each case about changes of the informed data and to confirm the topical correctness once more in written form (letter, fax, e-mail) on suitable inquiry from myChess.de within 15 calender days from access. This concerns name, postal address and the bank connection of the customer.

8. For participants in the "banner exchange program" and for "@-members" the monthly member's fee escapes.

§7 Copyrights
The structure and configuration of the contents from www.myChess.de, including the text, the software, photos, graphic arts, illustrations, music, names, logos and brands are the property of myChess.de and are subject to the protection of copyright laws and all other laws which come into question. No standing in the way property rights or license rights are known by myChess.de in elements of this sides. Should such rights still exist, please inform myChess.de, so that the respective elements can be removed. The change, adaptation, spread, as well as the sale or the publication is not permitted without the written consent of myChess.de.

§8 Data security
1. According to §33 BDSG (German Data Protection Act; Bundesdatenschutzgesetz) myChess.de declares that person related data are stored within the scope of the contract realization.

2. myChess.de expressly points out to the fact that the data security can not extensively be guaranteed for data transfers in open nets like the internet according to the present state of the technology. For the security from the user on the internet transmitted and on the web server of myChess.de stored data the user takes care full-extensively himself. In particular the user takes special care that nobody except him-/herself has access to his/her personal data and passwords.

3. myChess.de treats all customer's data austerely confidentially. This signifies: in no case data are published or are done accessibly to a third party in any form, unless the user agrees to the publication of parts of his personal data, e.g. within the information of other users of www.myChess.de, e.g. within the personal user settings. For statistical purposes exclusively non personalized data is used. From this data no conclusions on the single user can be made.

§9 Guarantee
1. myChess.de expressly points out to the fact that internet pages and their contents are interpreted and shown differently by various browser software also depending on the used platform. To the right representation and use of the services at www.myChess.de you need a topical browser (e.g. Netscape Navigator or Internet Explorer) and the Adobe Flash-Player from version 6 as a browser Plugin. You can download a topical Flash-Player from the Adobe homepage and install it for free.

2. Both parties (myChess.de and the user) recognize and agree to the fact that it is not possible according to the present state of the technology to provide programs which are completely free from program errors. Consequently myChess.de is not liable for any program errors and their results. The user undertakes to inform myChess.de immediately about appearing program errors.

3. myChess.de reserves itself the right to develop, extend, change and to improve the program of www.myChess.de and his functionality successive.

4. Both parties (myChess.de and the user) are not liable for damages which originate from malicious program code in hard and software. Both parties have to take care to protect themselves from viruses, trojan horses, worms and other malicious program code with suitable anti-viruses software.

5. myChess.de carries out as a rule once daily, at least however, once a week a complete data protection. Should data get lost in the meantime, no claim to the restoration of the data continuance after the state of the last data protection exists.

§10 Place of jurisdiction and applicable law
The relationship between myChess.de and the customer/user is exclusively subjected to the right of the Federal Republic of Germany.

§11 Partial ineffectiveness
If individual provisions of these terms of business, use and payment are or were to become invalid, the effectiveness of the other provisions remain unaffected. The ineffective or disputable provision shall be replaced by a provision which comes commercially as close as possible to that which was intended when the contract was concluded.

 

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