Spin Chat Extended Terms and Conditions

(as of 10/07/2006)

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 Extended Terms and Conditions apply to every registered user of this Community, in addition to the General Terms and Conditions.

1.2 SPiN reserves the right to modify these Extended Terms and Conditions at any time. Two weeks prior to the modification the user will be informed about the upcoming modification on the announcement board. However, the user will not be individually informed about modifications. It is in the user's own responsibility to read the Terms and Conditions and check them for modifications on every login to the Community. By using the Community after modifications of the Extended Terms and Conditions the user agrees to the modified Extended Terms and Conditions.

1.3 SPiN reserves the right to completely discontinue the offered service or parts thereof, in particular additional services, at any time.

2. Registration
2.1 The user can register and password protect a nickname under which he may act in the Community. During the registration the user has to give detailed information about himself (e.g. name and email address). The user assures that the given information is correct and in accordance with the facts. In case SPiN doubts the correctness of the stated information, SPiN has the right to ask the user to furnish proof by presenting official documents like e.g. an identity card.

2.2 For registration purposes SPiN may ask the user for his mobile phone number or charge a registration fee, payable by the user in advance.

2.3 SPiN's service is performed by creating access for the user and the chosen nickname and hereby providing the possibility to use the connected services. With the first login using the nickname and the password the user calls upon the service.

3. Use of the Spinpoint Account
3.1 With the registration of his nickname every registered user obtains a so-called Spinpoint account. The user can acquire Spinpoints and top up his Spinpoint account by payments to SPiN. Spinpoints can be spent to use certain functionalities and services within the Community.

3.2 The user chooses the payment method and the amount to be paid resp. the amount of Spinpoints he wants to top up. The point account may be recharged in given amounts predefined in the price list. A higher amount of Spinpoints may be recharged by the repeat payment of a predefined amount. However, the user may recharge his account only with a maximum of Spinpoints equalling 50 Euro per month.

3.3 The chosen amount of Spinpoints will be credited two days after receipt of payment at the latest. In case the payment is not made correctly or in case it fails due to reasons for which SPiN is not responsible (e.g. because of an account lacking credit balance, wrong account number or the like), the Spinpoints will not be credited without further notice. In this case SPiN reserves the right to reject a new payment or retry on grounds of the prior failure of debiting resp. money transfer.

3.4 The user has to prove that his point account shows a certain balance of Spinpoints. SPiN offers the possibility to access the point balance at any time via the menu item "Spinpoints" and, if necessary, to print it out. Apart from that, SPiN protects the account data against loss by usual state of the art techniques, in particular by backup systems. However, SPiN explicitly informs the user that, according to the current state of the art, it is not possible to protect hard- and software against any kind of abuse by third parties and against data loss. SPiN does not provide an invoice or dispatch of receipt for the point balance.

3.5 In case the user has a strong suspicion of an abuse of his nickname or his password and in consequence of his point account, he has to immediately notify SPiN in writing, by email or by telephone. Within 24 hours after having been informed SPiN will ban the nickname and block the account, otherwise SPiN is liable for any loss of Spinpoints, if SPiN is responsible for the delay; however, SPiN is liable only for damages of 50.00 Euros maximum. Apart from that, SPiN's liability is regulated in section 7.

3.6 In case the user has not charged his account with points or in case the points are all used up, the point account will be cancelled, if the user has not logged in with his nickname for more than three months in a row and thus his nickname got removed according to section 4 subsection 5 of the General Terms and Conditions.

3.7 A point balance will not be refunded in case the user's nickname got banned according to section 4 subsection 4 of the General Terms and Conditions (violation of the General Terms and Conditions) or removed according to section 4 subsection 5 of the General Terms and Conditions (non-use of nickname).

4. Use of the Optional VIP Features
4.1 By paying a monthly fee a registered user can support the Community offered by SPiN and thus contribute to the Community's upkeep and development. In return he obtains additional functionalities and features standard users do not have. A description of the additional functionalities can be found via the menu item "VIP". The VIP membership does not establish further rights or a preferential treatment. The user is entitled to the special VIP features only if the VIP-user accepts these Conditions and the General Terms and Conditions and acts accordingly.

4.2 VIP membership expressly does not establish a tenancy concerning the Community or its features. The Community software remains in SPiN's exclusive ownership. SPiN does not provide an invoice or dispatch of receipt for the VIP membership.

4.3 The user chooses the payment method and the amount to be paid resp. the term of the membership. The amount has to be paid in advance for the entire term. The VIP features will be activated for the desired term eight days after receipt of payment at the latest. The term starts with the activation of the VIP features. In case the payment is not made correctly or in case it fails due to reasons for which SPiN is not responsible (e.g. an account lacking credit balance, wrong account number or the like), the VIP features will not be activated without further notice. In this case SPiN reserves the right to reject a new request resp. retry on grounds of the prior failure of debiting resp. money transfer.

4.4 Shortly before the expiration of the VIP status the user will be informed about the remaining period. If the user does not react in any way to this notification, the VIP features will be deactivated after the membership term has expired. SPiN is not responsible for the correctness of the user's email address or the timely receipt of the reminder concerning prolongation of membership.

4.5 SPiN has the right to withdraw the VIP features at any time upon good cause shown, in connection with banning the user according to section 4 subsection 4 of the General Terms and Conditions. Such good cause is, in particular, a violation of the General Terms and Conditions of Spin Chat by the VIP user or in case the user, after repeated requests, still disregards orders by SPiN employees. In these cases refunding of payments made is expressly precluded.

5. Refund of Payments
5.1 A refund of payments is, apart from the cases regulated in section 4 subsection 5, precluded in case the Community is temporarily not available due to technical malfunctions or disconnections, especially due to maintenance.

5.2 In case SPiN has to discontinue the Community on operational or other grounds, the user is not entitled to a refunding of payments. In case of a discontinuation of the Community, SPiN will give due notice to the users, at the latest two months before the scheduled closing date, to allow them reasonable time to spend the points on account. VIP members with a membership term of more than two months will be credited a compensation of the equivalent of the remaining term in Spinpoints to their account, and they may spend the points. However, VIP users are not entitled to a refund of payments.

5.3 The preclusion of refunding of payments in other sections of these Extended Terms and Conditions will remain unaffected.

6. Right of Withdrawal
The user is entitled to withdraw his declaration of consent to enter into the contract within a period of two weeks, starting not before receipt of this instruction about the right of withdrawal. To comply with this term, the user has to dispatch the written notice of withdrawal in time. The notice does not require an explanatory statement and has to be turned in to SPiN in writing (i.e. by letter, by telefax or by email). The withdrawal can be turned in by telefax via +49 (0)941 / 942 77 22 or via the address stated in the legal notice ("Contact Information"). In case the withdrawal is declared in due time, the user is not bound to his registration, i.e. to the contract with SPiN concerning the use of the Community, nor to his declaration of consent to these Extended Terms and Conditions. The Right of Withdrawal is precluded, in case the use of the Community has already been taken up.
The right of withdrawal is inapplicable, in case the user already has called upon the use of the community or already has agreed to the Extended Terms and Conditions at an early date (i.e. with the registration). On the first login with his nickname and password the user takes up the services of SPiN for the first time. Later purchase of optional VIP months or Spinpoints generally cannot be withdrawn.

7. Liability
7.1. SPiN is not liable for possible damages caused by transmission interferences, disconnections or any other malfunctions of the Community due to reasons for which SPiN is not responsible, or in case they are caused by work concerning upkeep and further development of the Community, especially maintenance work.

7.2 Moreover, SPiN is not liable for damages caused by the user's careless use of his nickname, his password or any other data. The user carries responsibility for the careful use of his data, especially his password, and has to ensure that no unauthorized third party misuses the data. The user is solely responsible for possible damage. In case of data loss, SPiN is liable only for efforts of restoration that would have likewise occurred if the user had properly and regularly made data backups. In particular, SPiN is not liable for data loss concerning the Spinpoint account, provided that the user has not regularly backed up the point account balance by either printing out the current balance or otherwise.

7.3 Apart from that, SPiN is liable only for premeditation or gross negligence. SPiN is liable for slight negligence only in case of injuries of life, body or health or of fundamental violations of the contract.

8. Miscellaneous
8.1 If any term, covenant or condition of these Extended Terms and Conditions shall, to any extent, be held invalid or unenforceable, the remainder of these Extended Terms and Conditions shall not be affected thereby, and each term, covenant and condition of these Extended 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.

8.2 These Extended Terms and Conditions (along with the 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.

8.3 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.

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