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Spinchat.com Terms of Use

(Last update: 20. May 2010)

1 Applicability, definitions
(1) SPiN AG, Emmeramsplatz 5, 93047 Regensburg (subsequently referred to herein as "SPiN") provides a communication platform for the general public (subsequently referred to herein as "Community"). It can be accessed on the Internet via the address http://www.spinchat.com. The following Terms of Use shall be applicable to every user of this Community.

(2) User in the sense of these Terms of Use is everybody who uses the Community referred to in section 1 and/or registers there and/or uses the means of communication offered there.

(3) By agreeing to the Terms of Use, the user affirms that he/she is at least 18 years old or that he/she has the explicit consent of his/her parents or legal guardians to use the Community referred to in section 1.

(4) SPiN reserves the right to amend the Terms of Use at any time. The user shall be informed about the latest applicable version of the Terms of Use before every log-in. There shall be no individual notification of the user, however. It is the responsibility of every user to read the Community's Terms of Use before every usage of the communication platform and to check them for any updates. The further use of the Community via log-in after any amendments of the Terms of Use shall be considered the user's agreement to the afore-mentioned amendments of the Terms of Use.

2 Use only for private purposes
The Community referred to in 1 section 1 as well as the means of communication offered there may be used for private, non-commercial purposes only.

3 The User's responsibilities
(1) The use of the communication means offered by the Community referred to in 1 section 1 for any other than for private purposes is prohibited, particularly for business purposes and, in this context and in this regard, especially for advertising purposes. Particularly the individual or bulk posting of identical or essentially identical messages (junk mails, spamming) via the Community is explicitly prohibited. The access to and use of the Community referred to in 1 section 1 is only permitted via a web browser or via a software which has been authorized by SPiN in advance.

(2) The posting of data or software which could interfere illegally with the recipient's hard- or software is prohibited. The use for purposes which could lead to an interruption of data transfer which again could result in bodily injury, material damage, or financial losses, is prohibited as well.

(3) The User is neither authorized to decompile Community Software or parts thereof, to modify, decode, or to disassemble these, nor to develop derivative programs, to reverse-develop these, or to produce changes or copyings himself or to have such acts executed by third parties.

(4) The User shall not be authorized to pursue unlawful or illegal activities himself or to have such acts executed by third parties when using the Community referred to in 1 section 1. The same shall apply to acts which offend common decency.

The User is particularly not authorized to post messages or transmit data which contain illegal content, or whose content offends common decency. In particular, the distribution of, the offer of or the access to criminally-relevant, youth-endangering, irregular or other illegal content, particularly of pornographic, racist, violence-glorifying, or insulting content, or content which violates third parties' personal rights is prohibited. Furthermore, the user is not authorized to offer, announce, publish or glorify, make known or otherwise make accessible the opportunity for sexual acts, nor to distribute, duplicate, to make accessible via links or use otherwise works (visual arts, music, literature, software etc.) which are protected by copyright, unless the User disposes of the legal pre-requisites to do so.

(5) The instructions of SPiN employees for maintaining order within the Community shall be heeded.

(6) The User shall not execute any acts to automatically hide advertising published on the website.

4 Rights and responsibilities of SPiN
(1) SPiN provides the general public with the Community for free for the purpose of private information exchange and communication.

(2) Yet the User shall have no legal claims to permanently use the Community. In particular, SPiN shall not be obliged to provide for an all-time availability or accessibility of its service. SPiN shall nonetheless endeavor to maintain the operation of the Community as trouble-free as possible and to further develop it according to its users' needs. SPiN, however, shall assume no liability for the availability and faultlessness of the Community.

(3) SPiN explicitly reserves the right to modify, restrict or completely stop the service offered or parts of it at any time. The service may not be available temporarily particularly due to maintenance works, without any claims arising herefrom for the User against SPiN.

(4) In the event of a violation of the Terms of Use by the User, particularly in the event of a violation of the User's responsibilities referred to in 3, SPiN shall be entitled to make use of its virtual property rights. This means that SPiN shall be entitled to block the User by means of a ban from accessing the Community or parts of the Community, and to entirely delete his/her contents used. This shall also apply if the User is a chat operator or a VIP member. The User shall be banned at equitable discretion when assessing the individual case and taking into consideration the gravity of the offence in particular.

(5) SPiN shall be entitled to delete the nicknames and, if necessary, contents of registered Users, if the respective nickname has not been used for three months or longer. The nickname shall be made available for registration again after deletion.

(6) The Community is intended solely for personal use and communication purposes. Commercial use is expressly prohibited, with reference being made to 3 section 1. If the User violates the express prohibition to use the Community for commercial purposes, particularly for advertising purposes, he/she shall pay EUR 1,000.00 to SPiN for each and every contravention. This shall not affect any other claim for damages on the part of SPiN.

(7) The Users of the Community are hereby explicitly advised that they may be prosecuted if they distribute illegal content. In such cases, SPiN shall be entitled and possibly obliged to remove this content immediately and to save the content in question for evidential purposes if it receives knowledge about illegal content or about content which offends common decency. In such cases, SPiN shall be entitled to ban the User in question from using the Community any further.

(8) To the extent that there are grounds for the suspicion of a violation of the Terms of Use, of a penal law or of common decency, SPiN shall be entitled to record a Users' activities as well as chat contents. In this event, SPiN is obliged to adhere to the data protection laws applicable.

5 Responsibility for content
(1) The User himself/herself shall bear the responsibility for any content, contributions or chat contributions created by him/her or published by him/her on the websites of the Community. SPiN shall not be obliged to check any content for its legality before publishing it, or to check its websites regularly for possibly illegal content. Illegal content is such content which offends common decency or common ethical sense or which violates intellectual, industrial or other third parties' property rights, particularly copyrights and trademark rights as well as the general personality right.

(2) After receiving knowledge of specific content and its illegality, SPiN is entitled to remove this content or to block access to it. SPIN is furthermore entitled to ban the User who published the illegal content temporarily or permanently from using the Community. Claims of the User due to the removal of content or the blocking of access to this content and/or due to the temporary or permanent ban shall be excluded.

(3) The User shall release SPiN from any and all third-party claims due to the violation of their rights by illegal content published by the User. The User shall, in particular, compensate SPiN for any and all damages which are incurred by SPiN due to claims lodged against SPiN on grounds of rights violations.

6 Registration / conclusion of the contract
(1) The User may register a nickname under which he/she enters the Community and protect it with a password. When registering the nickname, the User shall provide various types of information (e.g. name, e-mail address, gender, birthday). The User shall ensure that the information provided is correct and true. To the extent that SPiN harbors doubts concerning the correctness of the information indicated, it shall be entitled to request proof by means of official documents such as the User's identity card.

(2) In the course of this registration SPiN may request and save the User's telephone number.

(3) By providing the User access to the Community and offering him/her the respective services, SPiN shall be considered as having fully rendered its service. By logging in with the password, the User takes advantage of this service. By SPiN providing this access to the User, the license agreement comes into effect.

7 Use of the spinpoint account
(1) Every registered User is allocated a so-called spinpoint account when registering, which the User can top up with spinpoints by making respective payments to SPiN. The spinpoints may be used to take advantage of certain functions or services within the Community.

(2) The User may determine the payment method and the amount payable or the number of spinpoints he/she wants to buy. There are fixed amounts of money for topping up the spinpoint account, which are indicated in the price list. More spinpoints can be acquired by repeatedly purchasing a certain amount as long as the upper limit for the credit balance which may be determined by SPiN has not yet been reached.

(3) The respective number of spinpoints purchased will be credited to the account two days after payment receipt at the latest. If the payment cannot be made correctly, or if it fails owing to circumstances beyond the control of SPiN (e.g. due to insufficient funds, a wrong account number, or similar reasons), the spinpoints will not be credited to the account without any further notification. In this case, SPiN reserves the right to decline any further top-up or such an attempt, referring to the failed debit or bank transfer.

(4) The User shall be responsible for providing evidence of a certain amount of spinpoints in his/her account. SPiN shall provide the possibility to retrieve the spoinpoints available under the category "Spinpoints" and to print the result if necessary. In other respects, SPiN shall protect the account information from loss using the usual means corresponding to the respective state of the art technology, particularly by means of backup systems. Nonetheless, SPiN also points out that, given the current technology, it is impossible to protect the hard- and software against any and all external misuse as well as data loss. SPiN shall not provide the User with an invoice or any records for the credit balance.

(5) If there are justified reasons for the User to believe that his/her username or password, and thus his/her spinpoint account, are being misused, he/she shall be obliged to immediately inform SPiN in writing, via e-mail or telephone. SPiN shall block the nickname within 24 hours after notification; otherwise SPiN shall assume liability for the loss of any spointpoints on the said account if SPiN is responsible for the delay, but only up to an amount of EUR 50.00. In terms of any further liability of SPiN, 7 shall apply.

(6) If the User has no spinpoints on his/her account, or if these are used up entirely, the spinpoint account will be closed if the User has not logged in for at least three continuous months with his/her user name, so that the user name thus has been deleted subject to the Terms of Use.

(7) There shall be no reimbursement of spinpoints available on the account if the User has been blocked pursuant to 4 section 4, particularly due to any violation of the Terms of Use.

8 Use of the optional add-on functions for VIPs
(1) By paying a monthly amount, a registered user may support the Community provided by SPiN, thus contributing to the maintenance and further development of the Community. In return, he/she shall receive additional functions and add-ons normal registered users do not dispose of. The additional functions are listed in the description under the category "VIP". VIP-users shall not be entitled to any further rights or any preferred treatment. The User is only entitled to special VIP-add-ons to the extent that his/her conduct under his/her nickname complies with these Terms of Use.

(2) The VIP-membership shall explicitly not constitute a tenancy with respect to the Community or its services. The Community software used shall remain the sole property of SPiN AG. SPiN will not provide the user with an invoice or any records with respect to the purchase of a VIP-membership.

(3) The User shall determine the payment method as well as the amount payable and the duration of the VIP-membership. The amount payable shall be remitted in advance for the entire term. The VIP-add-ons for the period of term requested shall be activated at least eight days after payment receipt by SPiN. The term shall commence with the activation of the VIP-add-ons. If the payment cannot be made correctly, or if it fails owing to circumstances beyond the control of SPiN (e.g. due to insufficient funds, a wrong account number, or similar reasons), the VIP-add-ons will not be activated without any further notification. In this case, SPiN reserves the right to decline any application or such an attempt, referring to the failed debit or bank transfer.

(4) In case of a single payment, the User shall be informed about his/her remaining VIP-time shortly before his/her VIP-status will expire. If the User does not react on the notification by SPiN, the VIP-add-ons shall be deactivated upon expiry of the respective period of time. SPiN shall not be responsible for the correctness of the respective User's e-mail address or the timely receipt of the notification of renewal.

In case of a standing order, the respective amount shall be debited at the earliest 14 days before the expiry of the time interval for the entire renewal period. The standing order can be cancelled by the User at any time. After the expiry of the VIP-time purchased, no other debiting shall be carried out.

(5) SPiN may deprive the User of the VIP-add-ons at any time for important reasons in conjunction with the User's ban subject to 4 section 4. An important reason exists, in particular, if the VIP does not adhere to the Terms of Use of Spinchat.com or does not follow instructions given by SPiN employees even after having been asked repeatedly to do so. In such a case a reimbursement of amounts already remitted is expressly excluded.

9 Reimbursement of amounts already remitted
(1) Furthermore, a reimbursement of amounts already remitted shall be excluded if the Community is temporarily not available due to technical problems or interruptions, particularly within the scope of maintenance works.

(2) If SPiN should have to close the Community owing to operational or other reasons, users cannot claim any reimbursement of amounts already remitted. In the case of closure, SPiN shall inform the users in due time about the closure, at the latest two months before the planned closure date, so that the users may have sufficient time to use up any available spinpoints. For VIP-memberships with a term of more than two months, the VIP-users shall be credited the equivalent amount of spinpoints for their remaining VIP-time to their spinpoint accounts so that they can use them up. In this case, a reimbursement of amounts already remitted shall be excluded as well.

(3) The exclusion of any other reimbursement of any and all amounts already remitted as referred to in other sections of these Terms of Use shall remain unaffected hereby.

10 Right of revocation
You may withdraw your declaration of the contract within one month without giving reasons in written form (e. g. letter, fax, e-mail). The period shall begin upon receipt of this instruction in text form, but not prior to the conclusion of the contract and not prior to the fulfillment of our information obligations pursuant to 312c section 2 of the German Civil Code in conjunction with 1 section 1, 2 and 4 of the German Civil Code (BGB-Info V) as well as prior to our fulfilling the duties pursuant to 312e section 1 sentence 1 of the German Civil Code in conjunction with 3 of the German Civil Code (BGB-Info V). The timely dispatch of the revocation shall be deemed sufficient for compliance with the revocation term. The revocation shall be sent to:

Emmeramsplatz 5
93047 Regensburg

Fax: +49 (0)941 / 942 77 22

Consequences of revocation
In the event of an effective revocation, the services received by either party shall be returned and any benefits that may have been accrued (e.g. interests) shall be released. If you are unable to release the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. This may result in you having to fulfil your contractual payment obligations nonetheless for the period of time before the revocation; i. e. you may have to pay back spinpoints already used or their financial equivalent, and SPiN shall only refund to you spinpoints you have not used or their respective financial equivalent. Requests for the refund of payments must be met within 30 days. The deadline shall commence for you on the date of dispatch of the notice of revocation and for us upon thereof. If you have not purchased any spinpoints or any service, but have only used the access to the Community which is free of charge, there shall, of course, be no refund payment obligations due to your revocation. In this case, you may cancel your contract at any time under http://www.spinchat.com/account/delete.

Special information
Your right of revocation shall expire prematurely if the contract has been fulfilled completely by both parties at your express request before you exercise your right of revocation.

11 Liability
(1) SPiN shall not be liable for any damage resulting from transmission disturbances, interruption or other disturbances concerning the Community if SPiN cannot be held responsible for them, or if these result from measures for the maintenance or further development of the Community, particularly maintenance works.

(2) In other respects, SPiN shall not be liable for damages which result from the User handling his/her username, password or any other data carelessly. The User shall bear the responsibility with regard to the careful handling of his/her password and shall ensure that any misuse by non-authorized third parties is excluded. The User shall be solely responsible for any damages. In case of data loss, SPIN shall be only liable for any restoration costs which would also have occurred if the client had stored his/her data properly and regularly. In particular, SPiN shall not be liable for any data loss in terms of the spinpoint account if the user has not saved information with respect to his/her spinpoints regularly by printing his/her credit balance or by any other means.

(3) In other respects, SPiN shall only be liable for intent or gross negligence.
In cases of ordinary negligence, SPiN shall only be liable for cases involving injury to life, body or health, or for cases involving the breach of material contractual duties.

12 Notes and definitions
(1) SPiN provides the Community referred to in 1 section 1 only as a service provider. SPiN shall not be liable for any content uploaded to or entered on the Community sites by any users, in particular not for hyperlinks and similar references. This shall exclude cases in which SPiN has received knowledge about illegal or unlawful content or if the content uploaded offends common decency.

(2) Voluntary chat supervisors (so-called operators or ops) are persons who have been elected by SPiN employees or administrators of rented chat rooms who monitor the mood prevailing in and the contents of the respective chat and who either report any violations of the Terms of Use or the netiquette at their own discretion to SPiN employees, or take measures against the infringements themselves. This, amongst others, entails the temporary or permanent blocking of users, and the blocking or deletion of content.

(3) Voluntary chat supervisors are explicitly no vicarious agents of SPiN. They do not receive any remuneration for their work and instructions issued by SpiN are not binding upon them. Furthermore, they are not authorized to follow so-called "private" dialogues or mails of the users or to record them, nor are they provided with any SPIN functions to this end.

13 Miscellaneous
(1) If a provision of these Terms of Use is found to be invalid, the other provisions of the Terms of Use shall remain unaffected hereby. The ineffective provision shall be replaced with a provision that most resembles the purpose intended by both parties of the ineffective regulation, taking into account the interests of both parties, and which is legally permitted. The same shall apply to contractual loopholes.

(2) Regensburg shall have exclusive place of jurisdiction for any and all disputes arising from this contract if the User is a merchant, a legal entity under public law or a public-law special fund, or if the User's place of jurisdiction is not in the Federal Republic of Germany.

(3) The German law shall be the applicable law to any and all disputes arising from this usage agreement. Insofar as the German law refers to other legal ordinances, such referral shall hereby be excluded.