Regulations of Chess Grow Online Chess Platform

1. INTRODUCTION
   1. These Regulations set out the principles, scope and terms of use of resources and functionalities of the Chess Grow Online Chess Platform available at www.chessgrow.com – hereinafter referred to as the Platform. The owner of the Platform is Chess Grow spółka z ograniczoną odpowiedzialnością, (Limited Liability Company), ul. Jasna 31, 44-100 Gliwice, Tax ID No. (NIP) 6312655837, REGON statistical no. 360525241, entered into the register of entrepreneurs kept by District Court in Gliwice, 10th Commercial Division of the National Court Register (KRS), under KRS number 0000537846 – hereinafter referred to as Chess Grow sp. z o.o. and as the Controller.
   2. Before using the Platform, User shall familiarise with the Terms of Use laid down in:
      1. these Regulations,
      2. the Privacy Policy
      3. the Cookies Policy
   3. Starting use of the Platform is deemed acceptance of the Terms of Use referred to in point 1.2.
   4. The name “Chess Grow Online Chess Platform”, logotype and graphic design, graphics, applied technical and functional solutions as well as the content and database are subject to protection and constitute property of Chess Grow sp. z o.o.
   5. The Data Controller for personal data processed in relation to the implementation of the provisions of these Regulations is Chess Grow sp. z o.o. Personal data is processed for the purposes, within the scope and on the basis of the principles formulated in the Privacy Policy published at www.chessgrow.com Provision of personal data is voluntary. Every person whose data is processed has the right to access its content and the right to update and correct it.
2. CHANGES TO REGULATIONS
   1. The Controller reserves the right to introduce changes to these Regulations under the principles set out in point 14.
   2. In case of changes to these Regulations, User shall familiarise with the changes and accept them to continue using the Platform or terminate the Agreement.
3. DEFINITIONS

   For the purposes of these Regulations the terms indicated below shall have the following meaning:

   1. Platform – the Chess Grow Online Chess Platform available at www.chessgrow.com
   2. Controller ndash; Chess Grow spółka z ograniczoną odpowiedzialnością, 44-100 Gliwice, ul. Jasna 31.
   3. Regulations – these principles, scope and terms of use of the Platform.
   4. Account – a set of resources identified by an individual name (login) and password stated by User in the ICT system of Chess Grow sp. z o.o. in which data available in the Platform, data provided by User and information on Services purchased by User is collected.
   5. User – (a) an individual with full capacity to perform acts in law, and, in cases provided for in the law, also an individual with limited capacity to perform acts in law; (b) legal person; (c) organisational unit without legal personality which is granted legal capacity by the Act ‒ using an Account.
   6. Partner – User who entered with the Controller into the Partnership Agreement set forth in point 7.10.
   7. Service – a service rendered by electronic means by the Controller through the Platform.
   8. Agreement – an agreement for access to the Platform entered into between the Controller and User when User starts using the Platform, under terms and conditions set out in these Regulations.
   9. Puzzle Set ‒ a set of educational chess problems concerning a chosen issue, e.g. “checkmate in two moves”, “discovered attack”, “zugzwang” which User solves through the Internet by making subsequent moves on the chessboard available at the Platform. Puzzles are solved interactively ‒ for each puzzle the server provides User with feedback on correctness of its solution.
   10. Puzzle Library – a collection of Puzzle Sets available at the Platform.
   11. Video Set – a set of educational chess videos concerning a chosen issue (e.g. “tactical motifs”), with the participation of leading chess players and chess trainers watched by User on the Internet through the Platform.
   12. Video Library – a collection of Video Sets available at the Platform.
   13. Educational (Training) Materials – educational chess puzzles and videos made available at the Platform in the Puzzle Library and the Video Library.
   14. Consumer – pursuant to Art. 221 of the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended), an individual performing a legal act with the Controller (i.e. the conclusion of the Agreement) not directly related to his or her business or professional activity.
4. ACCESS TO PLATFORM AND CONTENT
   1. The following Services are available at the Platform: Player Panel, Trainer Panel, Parent Panel, and Educational Materials consisting of chess puzzles and videos gathered in the Puzzle Library and the Video Library. The Player Panel Service is available in six variants ‒ one free of charge ‒ Free Package (default variant) ‒ and five paid: Premium Silver Package, Premium Gold Package, Premium Platinum Package, Premium Preschooler Package and Premium Student Package.
   2. To use the Services it is necessary to register in the Platform, and next to activate an Account created in the result of the registration.
   3. To register in the Platform it is necessary to (1) fill in a registration form and (2) click the field “Join us”. In the registration form it is necessary to provide the following data: first name and surname/company name/club or organisation name, electronic mail (email) address, city, country, date of birth, sex and password. In case of Users not being Consumers, it is necessary to provide company/club/organisation name and Tax ID No. (NIP).
   4. Information entered to the registration form should concern exclusively User and be true, whereas User is the person responsible for accuracy of information entered to the registration form.
   5. To activate an Account it is necessary click an activation link received in an email sent by the Controller to the electronic mail address stated during registration.
   6. By completing the registration process finished with creating an Account User declares that he or she consents to making the Account public by the Controller, and to include data (including image) made public as part of the Account at websites of the Web Portal, and User accepts the fact that an unlimited group of Users may have access to personal data, image on photographs, Avatars, and other information made public as part of an Account, with the exception of the following data:

      - email address,

      - Account password,

      - activation codes or other type of confidential access data.

   7. Use of the Platform is possible provided that User's ICT system and end-user hardware used by User meet the following minimum technical requirements of a browser: Firefox in the newest version or the second to the newest version, IE in version 10.0 or higher, Chrome in the newest version or the second to the newest, Opera in the newest version or the second to the newest version, Safari in the newest version or the second to the newest version.
5. USE OF PLATFORM
   1. User shall use the Platform in conformance with the law and common decency, taking into consideration respecting personal rights, copyrights and intellectual property of the Controller and third parties. User shall enter data which is factually correct.
   2. User is forbidden to provide illegal contents.
   3. User is forbidden to attempt unauthorised access to the Platform, unlawful visits to the Platform, to use the Platform to distribute illegal software, including viruses, worms, trojans, logic or time bombs.
   4. The Controller shall not be liable for damage arising out of provision of illegal contents by Users.
6. USE OF ACCOUNT AND SERVICE AVAILABILITY
   1. Use of an Account is possible after registration in line with point 4.3 and activation of an Account in line with point 4.5.
   2. Services are rendered free of charge for a trial period of 7 days from the date of registration of an Account. For this period User has access to the Player Panel (Free Package), Parent Panel, 5% of Educational Materials and the Trainer Panel.
   3. After the expiry of 7 days from the date of registration of an Account User retains free of charge access to the Player Panel (Free Package), Parent Panel and to 5% of Educational Materials.
   4. After the trial period referred to in point 6.2 Services are rendered free of charge for an unlimited period of time.
   5. User may at any time and without providing a reason delete his or her Account (resign from the Account) by sending a relevant request to the Controller by electronic mail to the address [email protected] or in writing to the address Chess Grow sp. z o.o., ul. Jasna 31, 44-100 Gliwice.
7. SERVICES
   1. Irrespective of a chosen variant of the Player Panel Service (Free Package, Premium Silver Package, Premium Gold Package, Premium Platinum Package, Premium Preschooler Package, Premium Student Package), every User receives access to all functionalities of the Platform (with the exception of functionalities intended for the Trainer Panel , listed in point 7.8), including to the trainer base, player base, parent base, organisation base, statistics, calendar and messages.
   2. Free Package includes access to 5% of Educational Materials. The service is provided free of charge.
   3. Premium Silver Package expands Free Package with access to all Puzzle Sets and Video Sets to the level of Pawn and the level of Knight.
   4. Premium Gold Package expands Premium Silver Package with access to all Puzzle Sets and Video Sets to the level of Bishop and the level of Rook.
   5. Premium Platinum Package expands Premium Gold Package with access to all Puzzle Sets and Video Sets to the level of Queen and the level of King.
   6. Premiuim Preschooler Package expands Free Package with access to at least 2,000 puzzles and 120 minutes of videos selected from the levels of Pawn and Knight.
   7. Premium Student Packageexpands Free Package with access to at least 3,500 puzzles and 240 minutes of videos selected from the levels of Pawn, Knight and Bishop.
   8. The Trainer Panel Service is rendered in the form of a variant of the User Panel Service expanded with the following functionalities: (1) a tool for creation of own Puzzle Sets, (2) the possibility of presentation of own offer in the trainer base, (3) the possibility of searching for students and establishing cooperation with them, (4) a tool for grouping students and managing their trainings, (5) full access to statistics of own students, (6) the possibility of defining a work calendar of own students, (7) the possibility of establishing and promoting an organisation, (8) the possibility of obtaining the status of Partner.
   9. In the trial period, referred to in point 6.2 the Trainer Panel Service is rendered free of charge n the form of the User Panel Service ‒ Free Package, expanded with all functionalities listed in point 7.6, with the exception of the possibility of obtaining the status of Partner.
   10. After the trial period referred to in point 6.2 the Trainer Panel Service is rendered against a fee in the form of the User Panel Service ‒ Platinum Premium Package, expanded with all functionalities listed in point 7.6.
   11. The Parent Panel Service is a tool for parents of children who are Users and use the Player Panel Service. The service is provided free of charge.
   12. User who purchased the Trainer Panel Service has the possibility of obtaining the status of Partner allowing him or her to acquire new Users in exchange for a commission on paid Services available at the platform that were bought by the new Users. Terms of cooperation within the above scope are regulated by a Partnership Agreement entered into between User applying for the status of Partner and the Controller.
   13. To purchase a paid variant of the Player Panel Service and the Trainer Panel Service User selects at the Website of the Platform the command “Buy Premium”. User additionally specifies: the variant of a Package chosen by him or her and the period of the service.
8. PAYMENTS
   1. The Controller offers to User the payment method by traditional bank transfer or through an external service handling payments.
   2. Settlements of transactions by electronic payments, i.e. credit card and e-transfer, take place in accordance with User’s choice made through Dotpay.pl service.
   3. Prices listed at the Website of the Platform are gross prices (VAT included) and are specified in Polish zlotys.
   4. The final price of a Service is a price in Polish zlotys specified at the Website of the Platform upon placing an order by User.
   5. The Controller is able to issue and provide Users with VAT invoices in the electronic form.
   6. User consents to issuing a VAT invoice without User’s signature and delivering it by electronic means to an email address indicated during registration.
   7. User may require issuing and sending invoices in the paper form. In case User makes the above request, the Controller charges a handling fee for sending an invoice in gross amount of PLN 5.
   8. Details for an invoice are details provided in a registration form.
9. BLOCKING ACCESS
   1. In case User breaches Terms of Use, the Controller may (a) suspend User Account for a specified or unspecified period of time; (b) delete User Account if despite receiving a warning the User continues to breach the Terms of Use.
   2. The Controller reserves the right to introduce additional blockades or restrictions on functioning of the Platform in case of detecting an act to the detriment of the Controller.
10. INFORMATION ABOUT YOU WHICH WE STORE
    1. The Controller operates the Privacy Policy setting out the principles of storage and access to information on User’s devices by means of cookies used for provision of Services requested by User.
    2. Cookies used by the Controller are safe for User’s devices. The detailed principles of their storage are formulated in the Cookies Policy.
11. WITHDRAWAL FROM THE AGREEMENT
    1. Subject to point 11.2, Users being Consumers have the right to withdraw from any Services agreement entered into with the Controller, within 14 days from the date of entering into such an agreement. A declaration on withdrawal from an agreement should be submitted in writing. A letter submitted by User should be sent to the address of the registered office of the Controller. A notice of termination may also be sent by electronic means to the address [email protected].
    2. The agreement for provision of the Player Panel Service (Premium Silver Package, Premium Gold Package, Premium Platinum Package, Premium Preschooler Package, Premium Student Package) and the Trainer Panel constitute agreements for the supply of digital contents which are not recorded on a tangible medium within the meaning of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 24 June 2014). User does not have the right to withdraw from the agreements referred to in the previous sentence if provision of a service commenced with express consent of a consumer before the expiry of the period for withdrawal from the agreement and after the consumer had been informed by the Controller about losing the right to withdraw from the agreement.
12. COMMENTS
    1. User has the right to free of charge publish comments at the Platform to share information and opinions with other Users.
    2. User publishes his or her comments at his or her own responsibility. The Controller shall not be liable for the contents published by Users at the Platform.
    3. Users are forbidden to publish vulgar contents or contents containing vulgarisms, commonly deemed offensive and inconsistent with common decency and the law.
    4. Users are also forbidden to publish advertising messages.
    5. The Controller reserves the right to delete the contents set out in Point 12.3 and 12.4.
13. TERMINATION OF THE AGREEMENT
    1. The Services agreement is terminated in the following cases:
       1. upon the expiry of the period for which a Service was purchased in case it was not extended by User,
       2. upon the expiry of the period of notice,
       3. upon termination of the Agreement due to a breach of these Regulations by User.
    2. Each party has the right to terminate the Services agreement with one month’s notice for important reasons set out in a notice of termination. The period of notice starts on the first day of the month following the month in which a declaration on termination of the agreement was submitted. A notice of termination should be submitted in writing. A letter submitted by User should be sent to the address of the registered office of the Controller. A notice of termination may be sent by electronic means to the address [email protected].
    3. In case of a change of these Regulations, User has the right to terminate the agreement with notice, effective on the day of coming into force of the changes.
    4. In case of termination of the Agreement a part of the paid price will be reimbursed to User ‒ proportionally to the period of use of the Services, not later than within 14 days from the date of the expiry of the period of notice. The payment will be reimbursed by bank transfer to the number of an account with the Polish bank indicated by User, unless User expressly consents to a different solution.
    5. With User's express consent funds subject to the reimbursement referred to in point 13.4 may be credited towards receivables for other services available at the Platform.
    6. In the event the Agreement is terminated by User before the expiry of the period for which it was entered into for reasons not attributable to the Controller, the reimbursed amount is reduced by a handling fee in gross amount of PLN 20.
    7. In case of termination of the Agreement due to a breach of these Regulations by User, the Controller reserves the right to refuse to register another User Account.
14. COMPLAINTS
    1. If a Service has physical or legal defect, User has the right to lodge a complaint.
    2. The grounds and scope of the Controller’s liability for defects are set out in the commonly applicable laws, in particular the Civil Code and the Consumer Rights Act.
    3. A complaint may be lodged in writing to the address of the Controller or in the electronic form through electronic mail to the address [email protected].
    4. It is recommended that User lodging a complaint provides the following: (1) information and circumstances concerning the object of the complaint; (2) a demand of the method of bringing a Service into conformity with the Agreement or a declaration on the reduction of the price or withdrawal from the Agreement; (3) contact details of the complainant.
    5. The Controller will take a position on a complaint immediately, not later than within 14 calendar days from the date of lodging it.
    6. If a payable and undisputed cash receivable on account of the Agreement is due to the Controller from User lodging a complaint which may be pursued in proceedings before the court or other state authority, the receivable may be deducted from the complainant’s receivable, i.e. from an amount to which the complainant will be entitled in the result of acceptance of the complaint. A declaration of the Controller on the deduction is sent to a complainant together with a response to a complaint.
15. INTELLECTUAL PROPERTY
    1. Any resources available at the Platform, including Services and Educational Materials and data listed in point 1.4, constitute exclusive property of the Controller.
    2. The resources referred to in point 1 are subject to protection provided for in the laws applicable in this regard, in particular in the Act on Copyright and Derivative Rights of 04 February 1994, the Database Protection Act of 27 July 2001, the Act ‒ Industrial Property Law of 30 June 2000 and the Act on Combating Unfair Competition of 16 April 1993.
    3. The rights to works, trademarks and databases made available at the Platform belong to the Controller. In case the said rights belong to third parties, the Controller presents works, trademarks and databases at the Platform on the basis of relevant agreements entered into with these persons, in particular licence agreements and agreements for transfer of proprietary copyrights or under the laws applicable in this regard.
    4. By using the resources available at the Platform Users do not acquire any rights and do not acquire a licence to these works or databases.
    5. Without prior express consent of the Controller Users may use the Platform and resources contained in it exclusively as part of fair use provided for in the Act on Copyright and Derivative Rights and the Database Protection Act. In particular it is forbidden to: a) reproduce, modify, block, publicly play and publically make available on the Internet the Platform or its part or works published at the Platform or their part, with the exception of the cases set forth in the laws applicable in this regard; b) downloading contents of databases and their secondary use in whole or in a material ‒ with respect to quality or quantity ‒ part.
    6. By publishing information, photograph, post, commentary, graphic or photograph at the Platform User declares that they are free from any physical and legal defects and third party claims, and that User has all rights and permissions required by the applicable laws, in particular proprietary copyrights and rights to use an image, to share them at the Platform without breaching any third party rights and User declares that their content and form do not violate the applicable laws.
    7. If information, photograph, post, commentary or graphic published by User at the Platform constitute a work within the meaning of the Act on Copyright and Derivative Rights of 04 February 1994, User grants the Controller a free, non-exclusive and territorially unrestricted licence to publish them at www.chessgrow.com Web Portal and to use these elements in the following fields of use:
       1. production and reproduction with any technique of copies of a work, including by printing, reprography, magnetic recording and digital technology,
       2. making a work public in any way, including making it public:
          1. in such a way as to everyone may access it in a place and time chosen by themselves,
          2. on any advertising media for the purpose of promotion of www.chessgrow.pl web portal,
          3. by broadcasting in radio and television,
          4. by publishing in the press,
          5. using for promotional and advertising purposes.
    8. The licence is granted with respect to every work separately, upon transferring it to the Platform.
    9. The licence is granted for an unspecified period of time.
16. LIMITATION OF LIABILITY
    1. The Controller shall not be liable for non-performance or undue performance of the Agreement if it is caused by force majeure. Force majeure, apart from events defined in the Civil Code, is to be understood as telecommunications network failures, failures of networks of public operators and other entities or other irregularities in functioning of the Internet.
    2. The Controller shall not be liable for non-performance or undue performance of the Agreement for reasons beyond the control of the Controller if it is caused by acts or omissions of third parties. In particular, the Controller shall not be liable for:
       1. interruptions to access to devices or interruptions to a transmission caused by fortuitous events or incorrect functioning of networks of other telecommunications operators necessary for accessing Services rendered by the Controller by User,
       2. damage resulting from agency of third parties for which the Controller is not liable,
       3. damage suffered by User which was caused by improper use by User of data enabling identification of User or authorisation, in particular use of confidential access details by unauthorised persons,
       4. damage occurred in the consequence of provision of incorrect registration or contact details by User.
    3. The Controller reserves the right to modify, expand and repair the Platform ‒ without limiting the scope of Services available to User without notifying User about this fact in advance.
    4. The Controller stipulates that due to the necessity of carrying out service works the Platform may be unavailable to Users maximally for 10 hours in a 14-day period, whereas a single interruption may not exceed 4 hours. The Controller will notify Users about planned service works at least 24 hours before starting them.
    5. The lack of access to the Platform resulting from the service works referred to in Point 16.1 may not constitute the basis of a complaint or the grounds for termination of the agreement.
    6. The Controller shall not be liable for damage or lost profits of User or other persons arising out of the interruptions or disruptions in the functioning of the Platform set out in Points 16.1, 16.2, 16.3 and 16.4.
17. FINAL PROVISIONS
    1. The agreement concluded through the Platform is concluded in the Polish language.
    2. The Controller reserves the right to amend these Regulations for important reasons such as: amendments to the laws, change of payment methods and the principles of provision of services ‒ within the scope in which these changes affect the implementation of the provisions of these Regulations.
    3. The amended Regulations are binding for User if User was correctly notified about the amendments and did not terminate the Agreement within 14 calendar days from the date of notification. In the event an amendment to these Regulations results in the introduction of any new fees or raising the current ones, User being a Consumer has the right to withdraw from the Agreement.
    4. To matters not settled in the Terms of Use the commonly applicable laws shall apply.
    5. These Regulations come into force on 1^st March 2017.