Terms and conditions
for ChessBase accounts and playchess.com
§ 1 General preliminary remarks, definition of terms
1. Scope
These terms and conditions apply for playchess.com as well as the ChessBase accounts provided by ChessBase.
2. Definition of terms
ChessBase: If and when in these regulations of ChessBase ChessBase is mentioned in relation to services this always refers to the ChessBase Schachprogramme Schachdatenbank Verlagsgesellschaft mbH, Osterbekstraße 90a, 22083 Hamburg, Germany.
User: : If and when in the following regulations the user is mentioned this always refers to the customer who uses the services of the ChessBase accounts.
Playchess.com If and when in the following regulations playchess.com is mentioned this refers to the chess server with the same and the internet platform which offers the opportunity to play chess, to follow chess live, to train chess, or to offer chess training.
Web-Apps: If and when in the following regulations web apps are mentioned this refers to web-based applications, particularly for chess training, the support of chess training, exchange of chess data, and chess videos. ChessBase offers these services under the product series ChessBase accounts.
Intention of service: If and when in the following regulations intention of service is mentioned this always refers to the intention of ChessBase to give users the opportunity to play chess, to follow chess live, to train chess, to save, to process, and to analyze chess data or to share it with others.
3. Amendment of terms
The following terms always apply in their current form. ChessBase is entitled to change these terms at any time provided the mentioned intention of service is not called into question. ChessBase will inform users about amendments with a message to their given email-address.
4.Conclusion of a contract
By setting up an account and by using the services of ChessBase on playchess.com or within the framework of the ChessBase accounts the user accepts the following conditions.
§ 2 The personal account
1.Miscellaneous
ChessBase offers the user the opportunity to set up a personal account to use the services and to fulfill the intention of services. The services of ChessBase can only be used with a personal ChessBase account.
ChessBase offers personal accounts with different profiles of service and costs. Details are provided by the offer from ChessBase.
2. Setting up the account
The respective account is set up by the user with the help of software provided by ChessBase on websites provided by ChessBase. The access and user rights of the user result from the profile the user chooses from the product series ChessBase accounts.
Independent of this ChessBase offers the opportunity to set up a test account on playchess.com which solely offers access to playchess.com. This test account is temporary and ChessBase has the right to deactivate and to delete it at any time.
3. The name of the account
When setting up an account the user is in principle free to choose any name provided it does not contravene the following rules and technical defaults. Using account names which from the view of ChessBase may offend ethical, ideological or religious feelings of other persons is not allowed. Likewise account names which to use would be an offense, are not allowed. Using proper names (first and surname) for account names is only allowed if the users use his own name. Using names of fictive personalities (characters from literature, film or TV, etc.) is allowed provided this does not violate any rights of third parties. The same applies to using names of dead historical figures
Further it is not allowed to give an URL-address as name.
4. Rights of ChessBase
ChessBase has the right to refuse an account name without giving any reasons. In this case ChessBase is obliged to establish a new account with the same access rights in consultation with the customer. This right of rejection does not apply if the real name of the user is used.
§ 3 Details about personal information
Part of an account is the ability to display personal information. Here the user is obliged to provide his email-address. ChessBase is allowed to use this email-address to clarify questions with the user, which are related to the account, the use of the server or the web apps or changes in the profile or the range of services of ChessBase. For disadvantages to the user which result from incomplete, mistaken or outdated data ChessBase cannot be made accountable.
When designing the data of the personal information it is not allowed to use pictures or passages of text which contain vulgar expressions, attacks on other people, sexual or pornographic depictions. Further it is not allowed to use pictures or passages of text, which, in ChessBase’s view, can offend the ethical, ideological or religious feelings of others. Neither is it allowed to publish content the use of which would be an offence.
Inserting so-called „links“ into the personal profile is allowed if the link refers to a non-commercial site and
a.
the link refers to one’s own website, provided this website mainly serves the non-commercial presentation of chess or purely private purposes,
or
b.
the link refers to a non-commercial website directly related to chess events,
or
c.
there is a written approval by ChessBase to act differently.
§ 4 Responsibility for the account
The user is obliged to take care that the account is solely used by him. He must therefore treat the respective access data, particularly the password, confidentially. Should another person use the account and violate rules the user has to expect sanctions, including the blocking of the account. ChessBase is not obliged to respond to the objection that the account was used by someone else.
§ 5 Behavior on the chess server playchess.com/schach.de
1. Purpose of playchess.com
Playchess.com solely serves the purpose to play chess, to train chess, and to allow everyone to follow chess online and to chat about chess. The behavior of the user has to be adjusted and subordinated to this purpose.
2. Playing with computer assistance
When playing chess one has to take care that the user only uses the computer to transmit the moves. Using an engine or other computer programs to assist a player (so-called cheating) is, apart from the computer rooms especially designed for this purpose, is not permitted.
3. Protection of playchess.com-Elo
To measure his success the user receives a rating (playchess.com-Elo). It is not allowed to influence this rating in any other way apart from playing proper chess games or proper solving of tactical tests.
4. Participation in events (notably training)
When participating in training events the instructions of the leader have to be followed and the user has to abstain from any disruption of the event. The leader of a training event decides on his own whether he allows or excludes certain participants. ChessBase shall in no event be liable. These rules apply likewise at the transmission of individual chess games or chess events.
5. Tournaments on playchess.com
Tournaments are played regularly on playchess.com. There may be special rules in regard to access which in individual cases may replace or amend these regulations.
6 The chat on playchess.com
6.1. Participating in the chat
Every user can participate in the chat or in virtual discussions. But ChessBase reserves the right to make the active participation at the chat dependent of a rank.
6.2. Legal status of the chat
It is possible to participate in the chat in any given language. ChessBase explicitly states that the chat on the chess server has the same legal status as other verbal or written communication between persons but that it is public as a rule. ChessBase therefore does not assume any liability for any legal consequences of the chat.
6.3. Restrictions of the chat
a.
The chat serves the communication between the chessplayers. The rules for setting up accounts, about personal information, and the responsibility for the account apply according to (§§ 2 to 4).
b.
It is not allowed to post web addresses or URLs in the chat. This does not apply if these are web addresses or URLs which mainly have chess-related content and which have a current context to the topic of the chat. Posting a web address or URL with commercial content is not permitted.
7. Ducats
There is an internal currency on playchess.com, ducats. With this currency services on playchess.com can be paid and transferred from user to user. ChessBase shall be entitled to link this possibility to other conditions, notably the achievement of a certain rank on playchess.com. A claim against ChessBase to change ducats into real currency is excluded. However, ducats can be used as currency in the internet shop of ChessBase.
§ 6 Dealing with the web apps
ChessBase grants the user the right to use web apps. The leaving, including the temporary leaving of user rights of the web apps via the account of the user to third parties, is not permitted.
The user is responsible that his use of web apps always conforms to the legal regulations. If and when the web apps allow to store and forward content the user is obliged to take care that rights of third parties, notably copyrights of third parties, are not violated. The user is further responsible that data saved with the help of the web apps do not contain offensive content.
§ 7 Impairment of performance
If and when the account of a user violates the regulations listed in §§ 2 to 6 ChessBase is entitled to delete the account or to restrict the rights connected to the account, notably the rights to access the chess server with the account. If ChessBase intends to delete the account because of such an impairment of performance within an adequate period of time ChessBase has to give the user the opportunity to name a replacement account to which the remaining rights will be transferred. This rule does not apply if the name or the content of the account discernibly serves the purpose of provocation or violates legal regulations. In such cases ChessBase is entitled to deactivate and to delete the account without announcement.
If data stored by the user with the help of the web apps violates the rights of third parties, notably copyrights, or legal regulations, ChessBase is entitled to block access or to delete these. In such cases ChessBase is entitled to block or to delete the account. A previous request to remove the impairment or setting a deadline is not necessary.
Should ChessBase have been induced to delete, to deactivate or to restrict the rights of an account because of behavior for which the user is responsible, this does not give the user any rights nor can he demand a reimbursement of payments.
If the user cannot access data saved by him or if he cannot use individual or all web apps or if he cannot play chess on the server, liability claims of the user are only valid if ChessBase is responsible for this impairment and if it lasts for more than 48 hours. The liability of ChessBase is limited to the sum the user would pay for using the service. The aforementioned limitations of liability do not apply if ChessBase has to accept responsibility because of intent or gross negligence.
§ 8 ChessBase’s duty to perform, costs
According to the profile he chose from the range of services – see the site with the offered services – the user pays a fixed charge for a certain period of time for the right to use playchess.com via the account and the web apps according to his profile. An entitlement to continue a certain offer after the expiration of the contract does not exist. Neither is ChessBase responsible if the user occurs further costs at third parties, e.g. by using the internet.
§ 9 Data security, disclosure to third parties
9.1. Confidentiality
ChessBase will not disclose the data entrusted to it to third parties. A disclosure if and to what extent a user uses the offered web apps is only possible if the user agrees. ChessBase will not disclose the email-address given at registration to third parties.
9.2. Disclosure of data
An exception from the rules above is given if the stored data, especially IP-connection data are demanded on the basis of a decision by the courts or are disclosed in a civil or criminal process initiated by ChessBase or the user. In such cases a disclosure of the saved data by ChessBase is permitted.
§ 10 10 Final provisions
10.1 German law
All disputes shall be settled within the law of the Federal Republic of Germany. If and when in the regulations above a criminal offence or rights of a third party is referred to the law of the German Federal Republic is the only law applicable.
10.2 Place of jurisdiction
Insofar the user has no general place of jurisdiction of if the user is an entrepreneur the place of jurisdiction for all disputes is Hamburg-Barmbek.y
10.3 Continuity if individual clauses are invalid
If parts of these conditions are not, no longer or not completely in accordance with current law, the remaining parts remain untouched in their contents and validity.
As of: Tuesday, 8. September 2015
