The terms and phrases used in these REGULATIONS shall have the following meanings:
The rights and obligations set out in these REGULATIONS referring to the OPERATOR also apply to any persons employed by or with OPERATOR on any factual or legal basis, which has been authorized and delegated to exercise control and supervision over the installation, operation and proper functioning of the PLATFORM.
- a. ALGORITHM OF ELO POINTS – ELO POINTS calculation, showing the way of calculating and debiting them according to the mathematical algorithm, constituting Annex No. 1 to these REGULATIONS;
- b. ARTICLE – a basic editorial unit of this REGULATIONS, however, it is only an auxiliary and ordinal value, not relevant when interpreting these REGULATIONS;
- c. CHESSSHIELD – is an original mechanism for detecting games in which the PLAYER is allowed to be supported by computer programs. The PLAYER with whom such action has been detected is specially marked in order to inform other users of the PLATFORM;
- d. DEPOSIT – money in the amount not less than $ 1, paid by the PLAYER, constituting its starting pool, stored by the OPERATOR on a BANK ACCOUNT, reduced by the amount resulting from the TABLE OF FEES for transferring cash to an EXTERNAL OPERATOR.
- f. TRANSFER ORDER – ACTIVE PLAYER operation within the PLATFORM constituting a specific instruction addressed to the OPERATOR, this action is binding for the OPERATOR as soon as it is made, only to the extent that the action determines it, this action may be made only in one of the following ways:
- i. a move involving a transfer of funds in a given amount to another PLAYER, related to the RESULT OF THE GAME and made by accepting the amount to be incurred in the case of LOST, ATTACHING TO THE TABLE OR PLACING THE TABLE;
- ii. a move involving the payment of funds in a certain amount accumulated on the DEPOSIT ACCOUNT by the PLAYER, made to the PLAYER issuing the TRANSFERMENT DIFFERENTIAL by clicking the “REMOVE MEASURES” button available as part of his ACCOUNT;
- g. GAME – every chess game played by the PLAYER with another PLAYER within the PLATFORM;
- i. PASSWORD – a specific string of numbers or letters, assigned by the PLAYER, assigned to his ACCOUNT, used to secure the ACCOUNT and in combination with the LOGIN, enabling access to the ACCOUNT;
- j. PLAYER ID – a field in PLATFORM, available to all PLAYERS, containing PLAYER data, including:
- -His LOGIN;
- -the number of ELO POINTS he has;
- k. ACCOUNT – an individual PLAYER profile, assigned to only one PLAYER, created as part of the PLATFORM by completing the REGISTRATION process, individualized by giving him/her a unique LOGIN selected by the GAME, and securing it with a PASSWORD;
- l. LOGIN – an individual, unique name of the PLAYER, under which it operates under the PLATFORM, constituting a specific string of letters or numbers, given by him in the REGISTRATION process, allowing to distinguish the PLAYER from other PLAYERS, as well as in combination with the CODE, access to ACCOUNTS;
- m. OPERATOR – a company under the name Chess Club Sowiniec limited liability company with its registered office in Poznań (61-819) at 13 Stanisława Taczaka st., entered in the Register of Entrepreneurs of the National Court Register under number 0000723321, for which the registration files are kept by the District Court in Poznań – Nowe Miasto and Wilda, VII Commercial Department of the National Court Register, with the NIP number: 783-177-41-62 , REGON number: 369700705, with share capital in the amount of PLN 5,000, telephone: 603 757 470, e-mail address: email@example.com being the creator and owner of the PLATFORM; possible change in the legal form of the OPERATOR, his company, registered office, address, place of keeping the documentation, the amount of the share capital does not constitute a change to the REGULATIONS but is notified by announcement on the PLATFORM;
- n. EXTERNAL OPERATOR – a company under the name PayPal Polska Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-113) at ul. Emilii Plater 53 with a NIP number: 5252406419, REGON number: 141108225 with which the OPERATOR referred to the purpose of electronic payment service, and the subject of which are payment services enabling sending and receiving payments via the Internet;
- o. PLATFORM – a website maintained by the OPERATOR and being its exclusive property, operating at www.chess.ggold, under which GAMES are organized, each subject is a chess game between two PLAYERS;
- p. PROVISION – the OPERATOR’S remuneration for running PLATFORM, charged each time from WIN, after each FINISHED GAME, determined in a fixed amount of 10% of WIN, paid to the PROVISION ACCOUNT, within the EXPOSURE OFFER by the PLAYER, who achieved a WINNING in GAME;
- q. DEFEAT – within the meaning of these REGULATIONS, this is a result of the GAME, referring to that from the PLAYER, which as a result of the END OF THE GAME suffered a loss in the number of ELO Points held;
- r. ELO POINTS – RANKING points awarded or subtracted to PLAYERS within the PLATFORM depending on the results of the Games they play, which at the same time constitute a determinant of the PLAYER’s level of advancement, in accordance with the ELO POINT
- s. BANK ACCOUNT– bank account assigned by the OPERATOR for the exclusive use for the PLATFORM activity, on which funds paid by the players are stored for PAYMENTS deposited under the title DEPOSIT or COMPLETE REMEDIES, as well as for WINS, being the property of individual PLAYERS and entrusted to the OPERATOR for safekeeping, by means of which the PLAYERS may have access, and the OPERATOR is authorized to execute specific commands of the PLAYER (TRANSFER ORDER);
- t. RANKING – the PLAYER classification as part of the PLATFORM, made automatically based on the number of ELO POINTS eligible for PLAYERS;
- u. TERMS AND CONDITIONS – these regulations of ChessGold PLATFORM;
- v. REGISTRATION – the process of creating an ACCOUNT by the PLAYER as part of the PLATFORM, starting with the “REGISTRATION” button click, described in ARTICLE 5 of this REGULATIONS;
- w. DRAW – within the meaning of these RULES, this is the RESULT OF THE GAME consisting of a tie of two PLAYERS having the same number of ELO POINTS who, as a result of CONCLUSION, did not bear the profit/loss in the number of ELO Points they have;
- x. REMATCH – within the meaning of today’s regulations, the action consisting in inviting the opponent after the end of the current game on newly determined conditions (the color of the pawns is changed).g
- y. RODO – Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection);
- z. PLAYER’S BALANCE – a number of financial resources expressed in CURRENCY held on the BANK ACCOUNT by the PLAYER, taking into account both DEPOSIT, COMPLETE UPDATES, as well as WIN or DEFEAT and PROVISION;
- aa. FORCE MAJEURE – an external event that the OPERATOR could not prevent or which the OPERATOR could not have predicted, which directly or indirectly led to the malfunction of the PLATFORM. Force majeure means an event such as:
- -flood, earthquake, lightning, hurricane, whirlwinds, volcano eruption or other similar atmospheric phenomena;
- -switching off the electricity supply by the electricity supplier for reasons beyond the OPERATORS’ control;
- -incorrect functioning of the DEVICE or internet browser;
- -hackers’ activities, hacking into the computer network or the OPERATOR server;
The provisions of force majeure apply also in the event of an act being the state ruling (in particular, an international agreement, statute, regulation, ordinance, resolution of the authorized authority / administration), under which the PLATFORM cannot function properly within a given period of time;
- bb. BID – financial rate expressed in CURRENCY for 1 ELO POINT (USD 1 for 1 ELO POINT) determined by the PLAYER who HAS ESTABLISHED THE TABLE or negotiated by the PLAYER who HAS ESTABLISHED THE TABLE WITH THE PLAYER who wants or was invited to JOIN THE TABLE, with the possibility of negotiating.
- cc. TABLE – a virtual chessboard made available as part of the online PLATFORM GAME;
- dd. TABLE OF FEES – a document containing variants of fees for the transfer of funds to an EXTERNAL OPERATOR, which at the same time constitutes Annex 4 to this Regulations
- ee. DEVICE – a computer, laptop, tablet or other mobile device that allows the processing, reception and sending of data used by the PLAYER during the use of the PLATFORM;
- ff. SERVICES – all services provided electronically by the OPERATOR to the PLAYER via PLATFORM, subject to regulation under this REGULATIONS, including, but not limited to, services consisting of running PLAYERS ACCOUNT and enabling the PLAYERS to take part in online sports competitions and comment on them;
- gg. SUPPLEMENT OF FUNDS – transferred by the PLAYER to the BANK ACCOUNT for safekeeping to replenish funds on the PLAYER’S ACCOUNT, which PLAYER remains the owner and sole administrator, and OPERATOR is only authorized to mediate in the execution of specific instructions from the PLAYER, which are reduced by the amount of the commission for the transfer of funds to the EXTERNAL OPERATOR, resulting from the SCHEDULE OF CHARGES constituting Annex No. 4
- hh. CURRENCY – the currency of the US dollar, which is the currency in force for all funds related
to the use of the PLATFORM;
- ii. WIN – cash expressed in CURRENCY being the subject of the GAME not exceeding the one-time amount of USD 400.00 (in words: four hundred US dollars), assigned in the GAME RATE to a specific resolution of the GAME along with the number of ELO POINTS assigned to them, transferred after the end of the game by a given PLAYER in accordance with the rules set out in the REGULATIONS, after deducting the amount of PROVISION, being a win in a competition in the field of sport within the meaning of the Act of 26 July 1991 on personal income tax (ie 2018 item. 200 with changes);
- jj. RESULT OF THE GAME – RESOLUTION OF THE GAME, after its END, consisting of: a. VICTORY or LOSING, determining the increment or loss of ELO POINTS, as well as an increase or decrease in financial resources made in accordance with the TRANSFER ORDER, b. DRAW;
- kk. PAYMENT – an order to transfer some or all of the DEPOSIT held to the PLAYER’s account via an EXTERNAL OPERATOR. This operation requires entering the correct e-mail address registered in the EXTERNAL OPERATOR system. Faulty entering this address will prevent TRANSFER ORDER. This e-mail address may be different from the address used during REGISTRATION.
- ll. TERMINATION OF THE GAME – within the meaning of this REGULATIONS this is:
- -making a “checkmate” or “checkmate” move against the opponent in the GAME
- -elapse of the time set for GAME or DRAW;
- -each of the above WAYS OF COMPLETING THE GAME will be signaled by the “GAME OVER” message;
- ii. SETTING THE TABLE – the PLAYER’s move within the PLATFORM to initiate a chess duel as part of the GAME by creating a new TABLE, entitling him to perform the first white move during the GAME, while determining the RATE applicable during the GAME, combined with the possibility (but not necessary): options negotiating the RATE and inviting another GAME PLAYER, with a simultaneous visualization of the ASSEMBLED TABLE on the table with TABLES;
- jj. PERMANENT PURCHASE – ACTION PLAYER move within the PLATFORM, made on the basis of the PLAYER’S ACCOUNT, constituting an instruction for a cyclic transfer of the amount of COMMISSION to the OPERATOR, which will occur only when the PLAYER WILL WIN IN THE GAME;
- kk. VICTORY – within the meaning of these REGULATIONS this is the RESULT OF THE GAME, referring to that of the PLAYER, who as a result of ENDING OF THE GAME, made a profit in the number of ELO POINTS.
- 1. All provisions of these Regulations are based on generally applicable provisions of the Polish legal system.
- 2. These REGULATIONS define the rights and obligations of the PLAYERS, the rules for the use of the PLATFORM, as well as the provision of services via the OPERATOR via electronic means within the meaning of art. 8 of the Act of 18 July 2002 on the provision of electronic services (No. OJ of 2017, item 1219, as amended).
- 3. SERVICES provided under PLATFORM include in particular, but not exclusively, the following:
-promotion of chess games as a sport discipline on a global scale, in accordance with the principles of fair play;
- -enabling PLAYERS from all over the world to play chess duels (GAMES) at a distance via the Internet;
- -making available to the PLAYERS the possibility of obtaining a measurable WIN from the winning chess duel.
- 4. SERVICES within the PLATFORM are provided 24 hours a day, 7 days a week, at the request of the PLAYER, via the Internet. Using the PLATFORM requires the use by the PLAYER:
- -enabling cookies in the web browser,
- -having an e-mail account.
- 6. The OPERATOR is not a provider of data transmission services. The costs of data transmission required to run and use the PLATFORM are covered by its PLAYERS on its own, and the OPERATOR is not responsible for the amount of these charges.
- 7. In order to ensure the security of message transmission in relation to the SERVICES provided, the OPERATOR undertakes technical and organizational measures appropriate to the level of security risk of the SERVICES provided.
- 8. Upon the acceptance of the REGULATIONS, an agreement is concluded between the OPERATOR and the PLAYER for the provision of electronic services. The contract is concluded for an indefinite period. The manner of concluding the contract for the provision of services between the OPERATOR and the PLAYER, described in the first sentence, is also the only way to conclude this type of contract between these entities.
GENERAL CONDITIONS FOR USING THE PLATFORM
RIGHTS AND OBLIGATIONS OF THE PLAYER
- 1. Using the PLATFORM SERVICES requires creating a PLAYER’S ACCOUNT and then logging in. Persons not logged in, as well as persons without an ACCOUNT, do not have access to the SERVICES provided under the PLATFORM.
- 2. Having an ACCOUNT and providing the data necessary to create it is voluntary but necessary to participate in the GAME and provide SERVICES by the OPERATOR and their settlement.
- 3. Each PLAYER can have only one ACCOUNT.
- 4. In the event of occurrence in this REGULATIONS, a reference to the time related to the use of the PLATFORM, for a time is the time appropriate for the UTC time zone + 1:00 (Warsaw).
- 5. Use of the PLATFORM, including in particular, but not exclusively, when playing GAMES using any bots, scripts, electronic devices, programs or any other mechanisms enabling any automatic decisions during the PLAY or supporting PLAYER’s GAME using such mechanisms or impeding or preventing GAME OF THE GAME’S opponent is connected with the right to special labeling of such GAME by the OPERATOR.
- 6. The OPERATOR reserves the right to refuse REGISTRATION in the event of doubts as to the identity of the PLAYER or to respect the provisions of the REGULATIONS by the PLAYER.
CREATING A PLAYER’S ACCOUNT (REGISTRATION)
- 1. The PLAYER, accepting this TERMS AND CONDITIONS, declares that he is fully aware that he is the only person authorized to use the account created by him as part of the PLATFORM.
- 2. The PLAYER is not allowed to use someone else’s ACCOUNT and can not use the PLATFORM (by sharing his ACCOUNT) with another person, including, but not limited to, a person under 18 years of age.
- 3. The PLAYER is responsible for the security of his ACCOUNT in this regard, that he should not share the ACCOUNT data in the form of LOGIN and PASSWORD to third parties, and in the event of any unauthorized access to the ACCOUNT or attempts to obtain such access, the PLAYER is obliged to immediately report this issue to the OPERATOR.
- 4. Using the PLATFORM and playing GAMES within it is only the PLAYER’s right, not his / her responsibility. The PLAYER has the full right to opt out of using the PLATFORM at any time in the mode described in ARTICLE 6 of these REGULATIONS.
- 5. OPERATOR does not send unwanted messages to PLAYERS (SPAM). The PLAYER may agree to receive from the OPERATOR additional information from the PLATFORM by marking the appropriate checkbox.
- 6. As part of using the PLATFORM, PLAYERS are obliged to comply with these REGULATIONS, to comply with the RULES and to make it impossible for the GAMES under any circumstances:
- a. violate the provisions of the generally applicable law of the country in which the Game he has his residence, as well as the Republic of Poland, as the place where the PLATFORM is located;
- b. provide the OPERATOR or other PLAYER or PLAYERS with false, inaccurate or misleading information regarding the actual state of affairs (including impersonating any person or entity);
- c. to refrain from providing the OPERATOR with explanations or answers to questions regarding the occurrence of doubts or reports regarding deficiencies in the use by the PLAYER of the PLATFORM;
- d. to set up several ACCOUNTS at the same time or to register multiple ACCOUNTS assigned to the same bank account from which cash payments were previously made as DEPOSIT or SUPPLEMENT OF FUNDS;
- e. distribute viruses, Trojan horses, malware or any other programming mechanisms that attempt or may damage, disrupt, distort, falsify, intercept or misappropriate any system, data, information or services available under the PLATFORM;
- f. provide unlawful content, as well as publish offensive content or advertisements;
- g. send unsolicited commercial information (spam) via the PLATFORM;
- h. use the PLATFORM in any other manner inconsistent with the purpose set out in the REGULATIONS.
- 7. If the PLAYER is suspected of money laundering activities within the meaning of the AML Act (Journal of Laws of 2017, item 1049) or any related activities, OPERATOR reserves the right to immediately suspend / remove an ACCOUNT and blocking the payment of funds until the matter is clarified, as well as reporting suspicion of this activity to the competent authorities.
ENDING THE USE OF THE PLATFORM
- 1. an ACCOUNT consists in assigning to the PLAYER a specific LOGIN and PASSWORD given by the PLAYER during REGISTRATION as well as individual and unique to him.
- 2. Creation of an ACCOUNT requires the PLAYER to provide the following data:
- a. name;
- b. surname;
- c. information whether the PLAYER is of age and 18 or over;
- d. e-mail address;
- e. login;
- f. password.
- 3. The PLAYER is responsible for the correctness, correctness, and completeness of all data, which will be provided to the OPERATOR during the REGISTRATION and is obliged to update the given data in case they change, using the option available in the ACCOUNT settings.
- 4. The name and surname given in the process of creating the ACCOUNT must correspond to the actual identity of the GAME and the name and surname registered in his birth certificate. If the OPERATOR is in doubt as to the provision by PLAYER of data that does not correspond to the actual state of affairs, the OPERATOR is entitled to initiate the procedure of suspension or deletion of the ACCOUNT referred to in ARTICLE 7 of this REGULATIONS, with all its consequences.
- 5. In the case of a withdrawal of funds, the PLAYER is obliged to complete in its profile an e-mail address of the PAYMENTS OPERATOR account to which the above-mentioned payment order will be executed.
- 6. After completing the PLAYER REGISTRATION process, an activation link will be sent to the ACCOUNT, after entering the link and carrying out the login process to the ACCOUNT, the REGISTRATION process will be terminated. The first correct login to the ACCOUNT shall be considered the moment of the conclusion of the REGISTRATION.
- 7. In the event the PLAYER wishes to obtain the right to play and become an ACTIVE PLAYER from the moment the ACCOUNT is created, he is obliged to pay the DEPOSIT to the BANK ACCOUNT in accordance with the rules described in these REGULATIONS.
- 8. As part of the ACCOUNT, the following information about the PLAYER is collected, available only to his message:
- a. PLAYER’s data referred to in paragraph 2 above;
- b. e-mail address associated with the EXTERNAL OPERATOR account, from which he makes a payment as DEPOSIT or REPLENISHMENT OF FUNDS, as well as withdrawals from the PLAYER’S ACCOUNT;
- c. information about funds financed by the PLAYER, paid out and unpaid, remaining on the BANK ACCOUNT (including access to the entire history);
- d. the number of ELO points owned by the PLAYER;
- e. information about the games played by the GAME PLAYER, taking into account their score and progress, and the PLAYER IDENTIFIER being an opponent in GAME, including the PLAYER of the challenger to the duel.
- 9. The ACCOUNT is also associated with the PLAYER ID, which is open to other PLAYERS and within which the following information is available:
- a. PLAYER’S LOGIN;
- b. the number of ELO points owned by the PLAYER;
- c. statistics of the duels played by the PLAYER as part of GAMES;
- d. access to historical games as part of GAMES
- 10. The PLAYER can integrate the ACCOUNT with your account on the social networking site Facebook as well as the Google+ account. Such integration, however, is voluntary and does not limit other services provided through the PLATFORM. Integration, referred to above, is possible under the condition of accepting the respective Facebook or Google+ regulations, in particular, the principles of sharing user content and data, security rules and protecting the rights of others.
CONSEQUENCES OF BREAKING THE RULES WHEN USING THE PLATFORM
- 1. The PLAYER’s ending the use of the PLATFORM is voluntary at any time.
- 2. To terminate the use of PLATFORM SERVICES completely, it is required to send an electronic form “request to close the account”, constituting attachment number 3 to this REGULATIONS. The deletion of the ACCOUNT will be tantamount to termination of the contract for the provision of services by electronic means with immediate effect.
- 3. In the case when the PLAYER’S BALANCE is positive, ending the use of the PLATFORM, as a rule, also requires the PLAYER to issue a TRANSFER ORDER by selecting the “REMOVE MEASURES” option. Then, the OPERATOR, when executing the PLAYER’s instruction, will transfer the amount of funds specified in the instruction, less the amount resulting from the SCHEDULE OF CHARGES constituting the cost of transferring funds, to the PLAYER, using the payment method selected by the option “REMOVE MEASURES” within 7 days from the date of submission of the TRANSFER ORDER.
- 4. Issuing by the PLAYER command “REMOVE MEASURES” referred to in paragraph 3 above, it also requires an indication of the e-mail address associated with the EXTERNAL OPERATOR account to which the payment is to be made.
- 5. The options available to the OPERATOR in terms of compulsory termination of PLATFORM use by PLAYER are described in the further part of this REGULATIONS.
- 6. The PLAYER accepts and agrees that the removal of the ACCOUNT is synonymous for this PLAYER with the irretrievable loss of all data stored within the ACCOUNT.
- 7. Due to historical data, the LOGIN remains on the PLATFORM database, which can be used for the historical presentation of chess games of other users. If you recreate your account, your previous username
ARTICLE 8. COMPLAINTS
- 1. In the event of any failure to comply with the PLATFORM use by the PLAYER, including, but not limited to:
- a. an occurrence of PLAYER’s allegation of a crime related to the use of PLATFORM by him;
- b. the PLAYER’s behavior in an unethical or dishonorable manner towards other PLAYERS in connection with the use of the PLATFORM;
- c. transferring funds between accounts by deliberately losing chess games between users;
- d. deliberately win / lose to increase / decrease your ELO ranking;
- e. an occurrence of the PLAYER’s use of programs, mechanisms, etc., as referred to in ARTICLE 3 par. 5 of these REGULATIONS;
- The OPERATOR may initiate explanatory actions in order to verify the obtained information on deficiencies and take appropriate measures to eliminate them, prevent further failures in the future and to protect the PLAYER and the PLATFORM.
- 2. As part of the explanatory steps, the OPERATOR has the right, in particular, but not exclusively, to request the PLAYER to provide explanations regarding the misconduct, appointing the PLAYER for this purpose an appropriate date, not shorter than 14 calendar
days, and in the case of the failure referred to in paragraph. 1 lit. and above, also notify the competent law enforcement authorities.
- 3. In order to prevent further failures and to protect the PLAYER and PLATFORM, the OPERATOR may take the following actions:
- a. marked the PLAYER’S ACCOUNT,
- b. temporarily suspend the ACCOUNT OF THE PLAYER until the matter is resolved;
- c. forcibly delete the PLAYER’S ACCOUNT.
- 4. In the case of forced removal of the PLAYER’S ACCOUNT, the OPERATOR may additionally block the possibility for the PLAYER to recreate the ACCOUNT at all or for a limited period of time.
- 5. The compulsory removal of the PLAYER’S ACCOUNT does not determine the creation of the OPERATOR’s obligation to refund the Player’s funds if the PLAYER’S GAME is positive in this respect. In this case, the PLAYER will be allowed limited access to the ACCOUNT, allowing only the use of the tab concerning the execution of the TRANSFER ORDER for funds deposited on the BANK ACCOUNT by the PLAYER. The funds will then be returned based on the PLAYER’s instructions to the OPERATOR and via the payment method chosen by the PLAYER, within 3 days of submitting the TRANSFER ORDER. To return funds in the described case, apply accordingly to the provisions of art. 6 par. 3 and 4 of this REGULATIONS.
ARTICLE 9. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
The PLAYER may withdraw from the contract for the provision of electronic services. The above authorization should be implemented by sending a written statement of withdrawal from the contract in the abovementioned (it is enough to send a statement before its expiry) to the following address: firstname.lastname@example.org. The declaration may be submitted on the form, which is attached as Annex 2 to the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2017, item 683) and Annex No. 2 to these REGULATIONS.
- 1. All complaints related to the functioning of the PLATFORM and the provision of SERVICES through it by the OPERATOR, as well as questions regarding the use of the PLATFORM, should be addressed to the OPERATOR at the email address: email@example.com.
- 2. The complaint should contain in its content:
- a. PLAYERS’ LOGIN;
- b. detailed description and a reason for the complaint.
- 3. The response to the complaint will be sent to the email address from which it was received. If the complainant wants the reply to the complaint to be delivered to another email address, he should stipulate this in the message.
- 4. Within 30 days of its receipt, the OPERATOR considers the complaint and informs the PLAYER of the result of its consideration. In the situation where the data or information provided in the complaint need to be supplemented, the OPERATOR asks, before considering the complaint, the PLAYER to complete it.
- 5. The use by the PLAYER of non-judicial means of dealing with complaints and redress is voluntary.
- 6. Detailed information on the use by the PLAYER of non-judicial means of dealing with complaints and pursuing claims and rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following Internet addresses of the Office Protection of Competition and Consumers:
- a. http://www.uokik.gov.pl/spory_konsumenckie.php;
- b. http://www.uokik.gov.pl/sprawy_indywidualne.php;
- c. http://www.uokik.gov.pl/wazne_adresy.php.
- 7. The PLAYER can get free help in resolving the dispute between the PLAYER and the OPERATOR, also using the free help of a county (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer
Federation, Association of Polish Consumers).
III. CHESS GAME
ARTICLE 10. GAME
ARTICLE 11. POINTS AND PLAYER’S RANKING
- 1. The GAME can be initiated only by the ACTIVE PLAYER by setting a TABLE or JOINING a TABLE.
- 2. SETTING A TABLE is not tantamount to starting the GAME. Starting the GAME requires joining the table by another ACTIVE PLAYER.
- 3. Each TABLE referred to in paragraph 2 above, should contain the following information:
- a. PLAYER IDENTIFIER – founder of the TABLE,
- b. information about the bid,
- c. information about the possibility of negotiating bid,
- d. information about the time of the GAME,
- e. information about the possibility of negotiating the GAME time,
- f. information about the CHESSSHIELD marking, two options to react to the message “YES” and “NO”; and optionally: information about the time in which it must be CONCLUDED.
- 4. In the sole responsibility of the PLAYER, it remains to decide whether to set up a TABLE or to accept such an initiative from another PLAYER and also, in the case of PLAYING A TABLE, choose a PLAYER who is an opponent in a given game.
- 5. Clicking the “YES, I CONFIRM THE PAYMENT OBLIGATION” button under the message referred to in para. 2 and 3 above, is tantamount to the start of the GAME and TRANSFER ORDER, but PLAYERS must have enough cash allocated to the ACCOUNT, which will cover the
entire RATE GAME in the event of the GAME ENDING. Otherwise, it will be impossible to play the game. If the PLAYER – the founder of the TABLE anticipated such a possibility while setting up the table, PLAYERS can take the negotiations and reduce the RATE accordingly, so that it is possible to start the GAME.
- 6. The game is played on the general rules of the game of chess according to the regulations of the FIDE organization and every PLAYER is obliged to follow it.
- 7. After the end of the game, each PLAYER receives a message with the content of the GAME RESULT.
- 8. If the PLAYER’s BALANCE does not allow the PLAYER to play another duel under the PLATFORM as a result of losing the GAME, in order to continue the participation in the GAME, the PLAYER should make a REFUND on the ACCOUNT.
- 9. ENDING THE GAME results in a corresponding increase or decrease in the number of ELO POINTS for PLAYERS. The principle of ELO POINTS passage is that each PLAYER gains or loses as many ELO POINTS as was assigned in the RATE for a given GAME RESULT.
- 10. The ELO POINTS are transferred immediately, automatically after the end of the game.
- 11. In the event of the occurrence of FORCE MAJEURE, GAME is considered to be invalid, and such a game is being canceled without any consequences (including legal and financial) for the GAME AND / or the OPERATOR.
- 1. Establishing an ACCOUNT is synonymous with granting the PLAYER 1200 starting ELO POINTS. Each PLAYER, creating an ACCOUNT, starts the game as part of GAMES on the PLATFORM from the same level as the above number of ELO POINTS.
- 2. Participation in the GAME as part of the PLATFORM results in either an increase or decrease in the entitled ELO POINTS for the PLAYER.
- 3. The increment of ELO POINTS occurs in the case of WIN, and the ELO POINTS down in the case of LOST. REPLACEMENT OF THE MEANS ON THE ACCOUNT or a payment higher than the minimum amount stipulated in this REGULATIONS does not increase the number of ELO
Points owned by the PLAYER.
- 4. ELO POINTS accumulated by PLAYERS in the course of the GAME are visible to other PLAYERS in the PLAYER ID and allow you to locate PLAYERS as part of the RANKING.
- 5. In connection with the publication of data by the OPERATOR of the GAME as part of the RANKING, for the sole purpose of creating the PLAYER’S classification under the PLATFORM, the PLAYER, by accepting these REGULATIONS, also agrees to the publication his data in the RANKING. The data included in the consent contain:
- a. PLAYER’S LOGIN;
- b. the number of ELO points owned by the PLAYER;
- c. number and history of games played by the PLAYER.
IV. FINANCIAL SETTLEMENT
ARTICLE 12. PAYMENT FOR DEPOSIT AND SUPPLEMENT OF FUNDS
ARTICLE 13. WITHDRAW OF FINANCIAL FUNDS
- 1. Every deposit made by the PLAYER under the title of DEPOSIT or COMPLETE REMEDIES must come from a bank account owned by the PLAYER. Payments are made via the EXTERNAL OPERATOR SERVICE
- 2. The first deposit of funds by the PLAYER will always be a deposit in the title of DEPOSIT, and each subsequent payment will be made by the SUPPLEMENT OF THE MEANS.
- 3. The payment for the SUPPLEMENT OF THE MEANS may be made at any time.
- 4. Payments due to DEPOSIT or SUPPLEMENT OF THE MEANSwill always be made through an EXTERNAL OPERATOR after accepting its terms and table of fees, which the PLAYER is obliged to read.
- 1. The PLAYER may at any time withdraw funds accumulated by him on the BANK ACCOUNT.
- 2. Withdrawal of funds referred to in paragraph 1 above, is made for a specific TRANSFER ORDER issued by the PLAYER, specifying the amount of funds to be paid out.
- 3. TRANSFER ORDER, regarding the withdraw of funds, is the option of the PLAYER to choose the option “WITHDRAW FUNDS” as part of his ACCOUNT.
- 4. The PLAYER acknowledges that all cash settlements, including a DEPOSIT or SUPPLEMENT PAYMENT, or the WITHDRAWAL OF FUNDS, are made by the OPERATOR.
- 5. Every withdrawal of funds by the PLAYER is associated with the cost of transfer, according to the TABLE OF FEES for which the PLAYER hereby agrees.
- 6. The withdrawal of funds results in a decrease in their amount on the BANK ACCOUNT in relation to the PLAYER who made the withdrawal while leaving the ELO PO number unchanged.
- 7. Settlements between PLAYERS and between OPERATOR and PLAYER will be available under the PLATFORM in the “PAYMENT” tab. The document containing the settlements will be generated in one-month periods. This document will include both an excerpt from the
history of GAMES and WINS as well as the fees paid for COMMISSION.
V. FINAL REGULATIONS
ARTICLE 14. COPYRIGHTS
- 1. OPERATOR hereby declares that:
- a. he is entitled to copyrights to the PLATFORM, which are not limited in any way or encumbered by the rights of third parties and that the PLATFORM does not infringe upon the rights of third parties;
- b. did not grant any person a license entitling him to use the PLATFORM;
- c. has the exclusive right to grant permits for the disposition and use from the formulation of the PLATFORM.
- 2. PLAYERS are only entitled to use the SERVICES provided under the PLATFORM. PLAYERS are not entitled to copying, preservation, reproduction, processing, alteration or any other activities aimed at consolidating, using or changing the idea expressed through the PLATFORM or using it for other purposes than specified in these REGULATIONS.
- 3. Due to the use of PLATFORM by PLAYERS, they are obliged to inform the OPERATOR of any perceived violation, suspected violation or attempted violation of the economic rights of the OPERATOR resulting from the PLATFORM.
ARTICLE 16. LIABILITY OF THE OPERATOR
- 1. The administrator of personal data entered by PLAYERS to the PLATFORM is the OPERATOR, with whom the PLAYER can contact by email at firstname.lastname@example.org.
- 2. In the matter of personal data protection, the PROVIDER may contact the OPERATOR through the Data Protection Supervisor designated by him, by email email@example.com.
- 3. During the creation of the ACCOUNT, as well as during the use of the PLATFORM, the OPERATOR may request PLAYER to provide personal data referred to in the REGULATIONS, in order to properly implement the SERVICES provided by the OPERATOR through the
PLATFORM. Providing personal data is voluntary, but not providing them will result in the conclusion and implementation of the contract for the provision of SERVICES will be impossible.
- 4. The legal basis for the processing of PLAYER’S personal data is the contract for the provision of SERVICES between the PLAYER and OPERATOR, which is concluded as a result of the acceptance of the REGULATIONS, and for which the processing of the PLAYER’S data is necessary.
- 5. The PLAYER personal data will be processed only for the following purposes:
- a. related to the implementation of the contract for the provision of SERVICES (including enabling the use of PLATFORM, in particular registration, login to the ACCOUNT, ACCOUNT service) or to take action at the request of the data subject prior to its conclusion (in accordance with Article 6 paragraph 1 lit. b) GDPR);
- b. examining complaints, and requests and responding to them (in accordance with Article 6 paragraph 1 lit. b) GDPR);
- c. fulfillment of legal obligations incumbent on the OPERATOR resulting from the Accounting Act of 29 September 1994, Dz. U. of 2018, item 395 with later d. [legal basis: Accounting Act of 29 September 1994 (Journal of Laws of 2018 item 395) – in particular art. 74z, in accordance with art. 6 par. 1 lit. c) GDPR];
- d. possible determination, investigation, enforcement of claims or defense against claims that are legally legitimate in this interest of the OPERATOR (in accordance with Article 6 (1) (c) of the GDPR);
- e. providing payment services (in accordance with Article 6 (1) (f) of the GDPR);
- f. storing data for archiving purposes and ensuring accountability (in accordance with Article 6 (1) (f) of the GDPR);
- g. statistical and analytical testing, i.e. better selection of SERVICES to the needs of our PLAYERS, optimization of SERVICES, providing IT security of the PLATFORM, detection of unauthorized use of SERVICES, financial analysis of the OPERATOR being the
implementation of its legitimate interests in this interest (in accordance with Article 6 (1) (f) of the GDPR);
- 6. THE OPERATOR processes the following personal data of the GAME: first and last name, information on the age of majority, e-mail address, LOGIN, bank account number, IP address, data on the browser and operating system.
- 7. In order to use individual SERVICES provided by the OPERATOR through the PLATFORM, it is necessary to provide personal data by the PLAYER indicated in ARTICLE 5 of the Law. 2 of this REGULATIONS.
- 8. The OPERATOR processes personal data of PLAYERS on the basis and in compliance with the requirements of the Act of 18 July 2002 on the provision of electronic services (ie, OJ 2017, item 1219, as amended) and GDPR.
- 9. The OPERATOR shall ensure that appropriate technical and organizational measures are in place to ensure the security of the personal data processed, in particular, to prevent access to unauthorized third parties or their processing in violation of generally applicable laws, preventing personal data loss, damage or destruction. The PLATFORM uses encrypted data transmission (SSL) during registration and logging in.
- 10. The personal data of the PLAYER will be stored for the period of:
- a. the Contract concluded with the OPERATOR and after its termination, in relation to the legal obligation of the OPERATOR resulting from the generally applicable provisions of law (eg tax law);
- b. indispensable for pursuing claims by the OPERATOR in connection with the conducted activity or defense against directed claims, on the basis of generally applicable legal provisions, including limitation periods for claims specified in generally applicable laws;
- c. in order to ensure accountability, i.e. to prove compliance with provisions regarding the processing of personal data, they will be kept for a period in which the OPERATOR is obliged to keep data or documents containing them to document the fulfillment of legal requirements and enable control of their compliance by public authorities.
- 11. When processing personal PLAYER’S DATA, the OPERATOR may use subcontractors (eg IT, accounting, tax, financial and legal companies), acting on its behalf, who will process data only and exclusively in the purposes specified by the OPERATOR, referred to in paragraph. 5 above. The data of PLAYERS may be transferred to these entities at the moment of providing these data at the time of REGISTRATION, and also later, for the period during which the OPERATOR stores the PLAYER’S data.
- 12. The OPERATOR does not intend to transfer the PLAYER’s personal data to a third country or to international organizations.
- 13. Based on the PLAYER’s data, the OPERATOR will not take automated decisions against the PLAYER, in the decisions that result from profiling.
- 14. The PLAYER, who has forwarded his personal data to the OPERATOR, is entitled to:
- a. the right to access your data and receive a copy thereof;
- b. the right to rectify (correct) your data;
- c. the right to delete data, data processing restrictions;
- d. the right to transfer your data;
- e. raise objections to data processing, including profiling, and for direct marketing purposes;
- f. withdrawal of consent in the event that the OPERATOR will process the PLAYER data based on consent, at any time and in any way, without affecting the legality of the processing, which was made on the basis of consent before its withdrawal;
- g. lodging a complaint to the President of the Office for Personal Data Protection, when the PLAYER decides that the processing of personal data violates the provisions of the GDPR.
- 15. The PLAYER, in order to exercise his powers, referred to in paragraph 14 above, he can turn to the OPERATOR with a request by sending it to the following e-mail address: firstname.lastname@example.org or via the PLATFORM using the options available in the ACCOUNT settings.
- 16. In the event of permanent removal by the PLAYER of personal data necessary for the OPERATOR OF SERVICES provided through the PLATFORM, the PLAYER will lose the ability to use these SERVICES.
ARTICLE 17. CHANGING OF THE REGULATIONS
- 1. The OPERATOR conducts ongoing supervision over the technical functioning of the PLATFORM, ensuring its correct operation. The OPERATOR does not guarantee constant availability of all PLATFORM functions, as well as their faultless operation.
- 2. The PLAYER uses the PLATFORM voluntarily at his own risk. The OPERATOR’s liability for any damage caused in connection with the use of the PLATFORM, and in particular its nonfunctioning, as well as improper functioning is excluded in the widest possible, legally
- 3. The OPERATOR is liable only for losses and damages reasonably foreseeable and resulting directly from the violation of the provisions of these REGULATIONS, and the OPERATOR’S liability is limited by further provisions of this Article.
- 4. The OPERATOR shall not be liable for limitations or technical problems in ICT systems used by PLAYERS’ DEVICES and which prevent or limit PLAYERS’ use of the PLATFORM and services offered through it, as well as that, may involve LOST GAME. The OPERATOR is not responsible for quality that is unsatisfactory for the PLAYER and performance of the PLATFORM.
- 5. If the mandatory legal provisions do not provide otherwise, the OPERATOR shall not be responsible for:
- a. the PLAYER’s loss of data within the ACCOUNT due to force majeure or circumstances on the part of the PLAYER;
- b. negative consequences of the PLAYER logging out of the ACCOUNT;
- c. the results of using the ACCOUNT by the PLAYER in a manner inconsistent with applicable law, provisions of the REGULATIONS and the possible damage resulting therefrom;
- d. the consequences of using a personal data (eg an e-mail address) during the REGISTRATION process by an unauthorized person who did not consent to it.
- 6. During the PLATFORM operation, there may be interruptions due to technical reasons, in particular resulting from the necessity to maintain the PLATFORM or servicing systems. The OPERATOR will inform about the planned break in the operation of the PLATFORM by inserting the relevant information in the PLATFORM at the appropriate time.
- 7. The PLATFORM SERVICES may be discontinued in the event of improper connection quality, damage or defects in telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any third party activities during the transaction.
- 8. The OPERATOR has the right to block access to the PLATFORM or individual SERVICES in the event of irregularities in the use of the PLATFORM, in particular, any circumstances that could damage the PLAYER or OPERATOR. The OPERATOR is not liable for temporarily suspending access to the PLATFORM for the period necessary to remove any threats or irregularities.
ARTICLE 18. FINAL PROVISIONS
- 1. The OPERATOR has the right to change the REGULATIONS.
- 2. The OPERATOR informs about the change of the RULES about 14 calendar days before the changes come into force by posting a message in the PLATFORM. In the event that the PLAYER does not agree to change the RULES, he has the right to terminate the contract for the provision of electronic services. The contract for the provision of electronic services is terminated when the OPERATOR receives information about the termination of the contract by the PLAYER. In the event of termination of the contract referred to in this paragraph, the relevant provisions of the REGULATIONS regarding the return of funds in the event of the removal of the ACCOUNT apply accordingly.
- 3. If the changes in the REGULATIONS are not accepted, the PLAYER may not use the existing rules. The OPERATOR, along with the receipt of the notice of termination, will immediately delete the ACCOUNT OF THE PLAYER. In such a situation, Article 7 para. 5 of the
- 4. THE OPERATOR provides access to the REGULATIONS through the PLATFORM in such a way that it is possible to download, perpetuate and print it.
- 1. The OPERATOR has the right to assign the PLATFORM rights to another entity without the prior consent of PLAYERS. The OPERATOR is obliged to inform the PLAYER about the assignment of rights. PLAYERS are not entitled to assign rights and obligations to another entity.
- 2. In matters not covered by the REGULATIONS, the relevant provisions of Polish law shall apply, in particular the Civil Code (Journal of Laws of 2017, item 459, as amended), the Act of 18 July 2002 on the provision of electronic services (ie, Journal of Laws 2017 item 1219, as amended), the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683, as amended), the Act of February 4, 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2017, item 880, as amended), the Act of June 25, 2010 on sport (ie, Journal of Laws of 2017, item 1463, as amended), the Income Tax Act of July 26, 1991 from natural persons (ie Journal of Laws 2018, item 200, as amended). In addition, the provisions of the GDPR apply.
- 3. The law applicable to the settlement of disputes is Polish law. In the event of any disputes arising from the provision of the PLATFORM SERVICES, the first step is to attempt an amicable solution with the OPERATOR. In the absence of the possibility of reaching an agreement, the competent court will be competent for their final settlement.
- 4. The following Annexes form an integral part of the REGULATIONS:
- Annex No. 1 – ELO point algorithm
- Annex No. 2 – Form for withdrawal from the Agreement (template).
- 5. In the case of translation of this REGULATIONS into a language other than Polish, in a situation where any discrepancy arises between the translation of the REGULATIONS and its Polish language version, the Polish version is binding.
- 6. Regulations come into force on 10.12.2018.
- ELO point algorithm.
- Form for withdrawal from the Agreement (template).
- PayPal table of fees.