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Spinchat /
DavieSports.com
Terms of
Service
(as of 01/03/2005)
1. The use of the
Spinchat is at your own
risk. Parents and legal
guardians are
responsible for actions
of their children using
the chat. You shall use
the chat only with a
standard web browser or
with software that has
been authorized by SPiN.
You are not allowed to
use software that
automatically removes
the advertising on this
website. By using the
chat you agree to follow
these rules, the
netiquette, and any
applying federal law,
especially those
protecting the
under-age. You shall use
the chat for lawful
purposes only. Use of
the Spinchat signifies
your agreement to these
rules and terms of use.
2. You understand that
all content, whether
publicly posted or
privately transmitted,
is the sole
responsibility of the
person from which such
content originated. SPiN
is a distributor and not
a publisher of content
supplied by third
parties and the users of
the site. Therefore,
under no circumstances
will SPiN be liable in
any way for any content,
including but not
limited to, for any
errors or omissions in
any content, or for any
loss or damage of any
kind incurred as a
result of the use of any
content posted, emailed
or otherwise transmitted
via the Spinchat.
You agree to defend,
indemnify and hold
harmless SPiN and its
affiliates and their
respective directors,
officers, employees, and
agents from and against
any and all claims,
actions, demands, costs,
liabilities, losses, and
expenses arising out of
your use of the site.
3. SPiN has made a chat
available in order to
provide a free on-line
meeting place for any
user to discuss any
event and topic. Users
who violate these rules
or the netiquette may at
SPiN's sole discretion
be temporarily or
permanently banned from
accessing this site and
any parts thereof, and
future interactive
products and features.
SPiN strives for the
highest-quality
community and, in
parallel, the largest
amount of uptime
possible. But from time
to time, shutdowns may
occur which will be
dealt with as quickly as
possible to restore the
service. Nevertheless,
SPiN has the right at
any time with or without
notice given to the user
to change, modify,
discontinue, temporarily
or permanently, any
aspect or feature of the
site. No user has a
legal claim on using the
Spinchat.
4. Spinchat is for
users' private purposes
only. No
business-related actions
are allowed.
It is forbidden to
upload, post or
otherwise transmit any
inappropriate,
unsolicited,
unauthorized
advertising, promotional
materials, "junk mail",
"spam", messages or any
other form of
solicitation to the
Spinchat. Posting large
numbers of unsolicited
posts indiscriminately
("spamming") and
crossposting the same
message to more than six
chat channels will be
considered spamming. In
case such unauthorized
advertising appears,
SPiN will charge this
user according to the
current advertising
price list.
It is forbidden to
translate, decompile, or
create or attempt to
create by reverse
engineering or
otherwise, the source
code from any SPiN
software or parts
thereof. All proprietary
rights and trademark
rights remain with SPiN.
5. The use of the site
is for lawful purposes
only. It is forbidden to
upload any data or
software which may harm
other users' hard- or
software. It is
forbidden to post,
upload, email or
transmit information,
data, text, software,
music, sound,
photographs, graphics,
video, messages or other
material which violates
or infringes in any way
the rights of others,
which is unlawful,
pornographic, harmful or
threatening, abusive,
harming minors in any
way, harassing, tortious,
defamatory, hateful,
invasive of privacy or
publicity rights,
vulgar, obscene,
profane, or racially or
ethnically or otherwise
objectionable, which
encourages conduct that
would constitute a
criminal offense, give
rise to civil liability
or otherwise violate any
law, especially any Law
of the Federal Republic
of Germany.
It is forbidden to
upload, post, email or
otherwise make available
or transmit any content
that you do not have a
right to transmit under
any law or under
contractual or fiduciary
relationships. This
includes, but is not
limited to, content
(e.g. music, literature,
software,..) that
infringes any patent,
trademark, trade secret,
copyright, or other
proprietary rights of
any party without the
express permission of
the owner of the right.
It is forbidden to post
or post links to adult
or pornographic material
in a public chatroom or
to facilitate sexual
actions.
6. SPiN reserves the
right (but assumes no
obligation) to remove or
edit any content not
adhering to these rules,
or that is deemed
otherwise objectionable.
SPiN may store content
and may also disclose
content if required to
do so by law or in
good-faith belief that
such preservation or
disclosure is reasonably
necessary to either
comply with legal
process, enforce these
rules and terms of use,
or respond to claims
that any content
violates the rights of
third parties, or to
protect the rights,
property or personal
safety of SPiN, its
users, and the public.
If unlawful actions
occur and are brought to
the notice of SPiN, SPiN
is obliged to remove
this content, store and
also disclose content if
required to do so by
law, and report content
and the data of the user
to police. Reports of
illegal actions can be
made to the above email
adress.
7. SPiN neither endorses
nor is responsible or
liable for any actions
on the site by anyone
other than authorized
SPiN employees or
spokespersons while
acting in their official
capacities. Any
opinions, advice,
statements, hyperlinks,
offers, or other
information or content
expressed or made
available by third
parties, including
providers and users, are
those of the respective
author(s) or
distributors(s) and not
of SPiN. SPiN, its
affiliates or any of
their respective
employees, agents,
third-party content
providers, or licensees
disclaim all warranties
of any kind, whether
expressly or implicity,
that the site and all
features will meet your
requirements, that the
results that may be
obtained from the use of
the site, or any
information, or any
content will be
accurate, complete,
useful or reliable, that
the quality of any
information or other
material obtained by the
user through the site or
the chat will meet the
expectations, that any
errors in the software
will be corre!
cted, or that no third
parties may abuse the
chat to obtain users`
personal data. To the
full extent permissible
under the applicable
laws, SPiN shall not be
liable for any direct,
indirect, incidental,
special, consequential
or exemplary damages,
including but not
limited to damages for
loss of profits,
goodwill, use, data, or
other intangible losses,
resulting from the use
or inability to use the
site, or from
downloading of any
materials through or
from the site. There are
no warranties that the
site will be available
or that the site will be
uninterrupted, timely,
secure, or error- free.
8. SPiN cannot guarantee
the security or
confidentiality of all
content the user posts
at the site. SPiN has
the right to monitor and
save the content of the
site in logfiles,
including channels and
forums, to determine
compliance with these
rules and terms of use,
or to satisfy any law,
regulation, or
authorized government
request. The logfiles
are kept confidential
and are only turned over
to police on juridical
order. SPiN is working
within the German law of
the TDDSG and the BDSG,
this means SPiN only
collects personal data
of users with their
prior agreement, e.g. a
survey or opinion poll.
9. Monitoring persons in
the chat ("Monitors")
are persons chosen by
SPiN and its employees
who monitor, read, and
otherwise survey the
content generated by
other users within the
Spinchat, who report any
unlawful content, and
have the right to
temporarily ban users
who do not follow these
rules and terms of use,
or the netiquette.
Monitors are no agents
of SPiN and will act
under their own
judgement and not under
the supervision or
authority of SPiN.
Monitors are not
entitled to and do not
have the possibility to
read or store private
dialogues in channels.
In case a user violates
the rules, only SPiN is
authorized for
prosecution.
Monitors in registered-
that means
user-self-administrated
- channels are chosen by
the channel
administration
responsible.
10. Registered users in
the chat are persons who
have registered and
password protected their
nickname at SPiN's. For
this registration
service SPiN may ask to
deposit one's own mobile
phone number or charge a
certain fee which has to
be paid by the user in
advance. The transaction
is completed with the
nick's registration.
Generally speaking,
registered users are
liable to the same
"Rules and Terms of Use"
as any other user of the
chat. There is no claim
for a refund of amounts
paid, compensation or
other liability if SPiN
decides to stop offering
the community, if the
contract with the
provider of the above
mentioned website ends
or makes it impossible
to continue the
community. Furthermore,
SPiN cannot held
responsible in case of
network problems,
interrupted transfers,
downtimes or other
obstructions that
interfere with the use
of the community. SPiN
has the right at any
time with or without
notice given to the user
to change, modify,
discontinue, temporarily
or permanently, any
aspect or feature of the
site. Especially, SPiN
has the right to ban,
block or delete a
nickname and its
associated data in the
community if the user
violates the "Rules and
Terms of Use". This also
applies if the nickname
has not been used for
more than three months.
A refund of paid
registration fees is
generally precluded.
11.If any provision of
these rules and terms of
use is held by a court
of competent
jurisdiction to be
contrary to law, such
provision shall be
changed and interpreted
so as to best accomplish
the objectives of the
original provision to
the fullest extent
allowed by law, and the
remaining provisions of
these rules and terms of
use shall remain in full
force and effect. SPiN
has the right at any
time with or without
notice given to the user
to change or modify the
rules and terms of use
applicable for the use
of the site, or any part
thereof, or to impose
new conditions. Such
changes, modifications,
additions or deletions
shall be effective
immediately upon notice
thereof, which may be
given by any means
including, without
limitation, posting on
the site, or by
electronic or
conventional mail, or by
any other means. It is
the user's
responsibility to review
the most current version
before using the site.
Any use of the site by
you after such notice
shall be deemed to
constitute!
acceptance of the
current rules and terms
of use.
12. These rules and
terms of use shall be
governed by the laws of
the Federal Republic of
Germany only. Place of
performance and venue is
Regensburg, Germany. |
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