Spin Chat General Terms and Conditions

(as of 13/02/2006)

1. Contractual Scope, Definitions
1.1 SPiN AG (Inc.), Bischof-von-Henle-Strasse 2b, 93051 Regensburg, Germany ("SPiN") provides a communication platform for the general public ("Community") on the internet via Spin Chat. These General Terms and Conditions apply to every user of this Community.

1.2 User means any person who uses the Community and/or registers for its use and/or uses the communication possibilities offered there.

1.3 By accepting these General Terms and Conditions the user assures that either he/she is of full age or has the explicit consent of his/her legal guardians to use the Community.

1.4 SPiN reserves the right to modify these General Terms and Conditions at any time. On every login, SPiN provides general information of the current version of the General Terms and Conditions. However, the user will not be individually informed about the current version. It is in the user's own responsibility to read the General Terms and Conditions and check them for modifications on every login to the Community. By using the Community after modifications of the General Terms and Conditions the user agrees to the modified General Terms and Conditions.

2. User Rights
The user may use the Community and its communication possibilities for private, non-commercial purposes only.

3. User Duties
3.1 Any other use of the communication possibilities offered by the Community than for private purposes, particularly for commercial purposes and especially for advertising purposes, is prohibited. The dissemination of unsolicited commercial email, junk mail, flame mails or spam emails via the Community is explicitly prohibited. The Community may be accessed and used only with a webbrowser or software previously authorised by SPiN.

3.2 The dissemination of data or software that might illicitly affect the recipient's hard- or software is prohibited. It is also prohibited to use the Community for purposes that might cause a malfunction of the data transmission, physical injuries, material damage or financial loss.

3.3 The user is not allowed to decompile the Community software as a whole or parts thereof. Moreover, the user is not allowed to modify the software, to translate it, to reverse assemble it, to create derivative programmes from it, to reverse engineer it, to modify it in any other way, to copy it or have these actions taken by any third-party.

3.4 Use of the Community for unlawful or illicit acts by the user or any third party is strictly prohibited. The same applies for acts against morality. In particular, the user is not allowed to disseminate messages or data containing illicit content or content violating public decency. In particular, no content may be disseminated, provided or made accessible that is criminally liable, morally harmful to young people, improper or illicit in any other way, especially pornographic or racist content, content glorifiying violence or infringing third-party personal rights. Moreover the user must not offer, announce, advertise, or make accessible in any other way the opportunity to sexual acts. It is also not permitted to disseminate works protected by copyright (e.g. visual arts, music, literature, software, etc.), to copy them or make them accessible via links or use them in any other way, except with the author's explicit consent or as allowed by law.

3.5 The user has to obey instructions of SPiN employees concerning the maintenance of order within the Community at any time.

3.6 The user must not take actions to automatically disable the advertisements being embodied in the website.

4. SPiN Rights and Duties
4.1 SPiN gratuitously provides the Community for the general public for the purpose of private information exchange and communication. In case the user enters into a Community VIP membership, the provisions stated in the Extended Terms and Conditions apply in addition to these General Terms and Conditions.

4.2 The user is not entitled to permanent use of the Community. In particular, SPiN is not obliged to provide availability or accessibility of its service at any time. Nonetheless SPiN endeavours to keep the Community running as trouble-free as possible and to enhance and advance it according to the users' requirements. However, SPiN disclaims any and all warranties concerning the Community's availability and flawlessness.

4.3 SPiN reserves the right to modify, restrict or completely discontinue the offered service or parts thereof at any time. In particular, the service temporarily might not be accessible due to maintenance work without claims arising for the user.

4.4 In case the user violates these General Terms and Conditions, in particular his/her duties set forth section 3, SPiN has the right to make use of its domestic authority. This means that SPiN has the right to exclude the user by means of a ban from the Community without giving reasons, and to remove content provided by the user as a whole or parts thereof. This applies regardless of the user being a chat operator or a VIP member.

4.5 SPiN has the right to remove nicknames and content of registered users, in case the nickname has not been used for more than three months. After having been removed the nickname will be set up again for registration.

4.6 The Community is to be used exclusively for personal use and communication, commercial use is explicitly prohibited, as set forth in section 3 subsection 1. In case the user violates the strict prohibition of using the Community for commercial purposes, especially advertising purposes, a penalty of 1,000.00 Euro for every violation shall be forfeit. SPiN reserves the right to further claims of damages.

4.7 SPiN explicitly informs the Community's users that the dissemination of illegal content may result in criminal prosecution. In these cases, upon SPiN's notification of illegal or unlawful content or of content violating public decency, SPiN has the right and the duty to remove the illicit content immediately and secure it for means of evidence. In these cases SPiN has the right to exclude the respective user from future use of the Community.

4.8 In case a user is under suspicion of having violated the General Terms and Conditions, a criminal law or public decency, SPiN has the right to monitor and to log the user's chat-content. However, SPiN will comply with applicable data protection acts.

5. Liability for Content
5.1 The user is solely responsible and liable for content and chat content provided and disseminated by the user. SPiN is not obliged to check content for its lawfulness prior to publishing it or to check its websites for possibly illicit content on a regular basis. Illicit content means content that infringes morality, public decency or third-party intellectual or industrial property rights, particularly copyrights, trade mark rights, and personal rights.

5.2. Upon having obtained knowledge of a certain content and its illegality, SPiN has the right to delete the content or disable access to it. Furthermore, SPiN has the right to temporarily or permanently exclude the user, who provided the illicit content, from the Community's use. Claims arising from the deletion of content, disabling access to it or the temporary or permanent exclusion are precluded.

5.3 The user indemnifies SPiN from any third-party claims that may arise from the infringement of third-party rights by illicit content provided by the user. The user particularly has to make up for all damages that may arise from third-party claims raised against SPiN for the infringement of their rights.

6. Notes and Definitions
6.1 SPiN provides the Community merely as a service provider. SPiN is not liable for content, in particular hyperlinks and similar references, provided and disseminated by users on the Community's websites; provided, however, that SPiN does not have positive knowledge of illegal or unlawful content or of content violating morality.

6.2 Voluntary chat monitors (so-called operators or ops) are persons chosen by SPiN employees, or administrators of rented-out chatrooms, to monitor the disposition and content of the chat and who, in case of a violation of the General Terms and Conditions resp. of the netiquette, may either notify SPiN employees or take action against violations themselves, as they see fit. This includes, but is not limited to, the temporary or permanent ban of a user and the blocking resp. removing of content.

6.3 Voluntary chat monitors expressly are not SPiN's auxiliary persons. They do not get any compensation for their activity and they are not subject to SPiN's directives. SPiN does not authorise or provide them with means to observe or to log so-called "private talks".

7. Miscellaneous
7.1 If any term, covenant or condition of these Terms and Conditions shall, to any extent, be held invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby, and each term, covenant and condition of these Terms and Conditions shall be separately valid and enforceable to the fullest extent permitted by law. In lieu of the invalid or unenforceable term the parties will reconcile the validity of a reasonable arrangement which comes closest to a term the parties to the contract have wanted; the same applies for any deficiencies of this contract.

7.2 These General Terms and Conditions set forth the entire agreement between the parties and may be amended only by subsequent instrument in writing and cannot be changed, modified or terminated orally; the same applies for amendments of this clause.

7.3 Exclusive venue for any disputes arising hereunder is the city of Regensburg, provided that the user is a merchant who has been entered as such in the commercial register or is a legal person of German public law or is a public special property or provided that the user has no legal domicile in Germany.

7.4 These General Terms and Conditions shall be governed by the laws of Germany. In case these laws refer to other laws, this reference is not applicable.