General rules of www.goldchess.com and GoldChess games rules

Goldchess.com website rules and regulations

Than you for visiting our website made available at https://goldchess.com(hereinafter referred to as: “Goldchess.com”, “Website”).

These rules and regulations stipulate the general terms and principles of using the Website, and in particular the terms and principles of using electronic services available on the Website.

If you decide to use Goldchess.com, these terms and regulations will govern in particular the use of the Website, including our responsibility.

We encourage you to read these rules and regulations and to use our services.
the Goldchess Team

1. GENERAL PROVISIONS

1. The Website is owned by the GLOBAL GUMPTION GAME KASZCZYNIEC SPÓŁKA KOMANDYTOWA (a limited partnership) with its registered office in Przecław (visiting address and address for correspondence: Przecław 150, 72-005 Przecław); entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000390228; registry court where the company documents have been filed: Regional Court Szczecin - Centrum in Szczecin. 13th Commercial Division of the National Court Register; NIP (tax identification number): 8513152452, REGON (statistical number): 321065896, e-mail: contact@goldchess.com (hereinafter referred to as: “Service Provider”).
2. The provisions of these Rules and Regulations are not intended to exclude or limit any rights of consumers (or other natural persons to whom regulations concerning consumers apply) which they enjoy pursuant to mandatory laws – any possible doubts should be resolved in a manner favorable to the consumer. Should there be a discrepancy between the provisions of these Rules and Regulations and the laws referred to above, the said laws shall prevail.
3. The following terms used herein have the meanings ascribed to them below:
   1. RULES AND REGULATIONS– these Website rules and regulations.
   2. WEBSITE, GOLDCHESS.COM – a website run by the Service Provider and available at https://www.goldchess.com, including subdomains.
   3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Website, in accordance with these Rules and Regulations.
   4. SERVICE RECIPIENT– any natural person who uses or intends to use the Website, who has full capacity to act, and in the situations provided for in generally applicable regulations, also a limited capacity to act. As regards individuals without capacity to act (e.g. children), their statutory agent (guardian) is the Service Recipient..
   5. SERVICE PROVIDER, SELLER, ORGANIZER– the GLOBAL GUMPTION GAME KASZCZYNIEC SPÓŁKA KOMANDYTOWA (a limited partnership) with its registered office in Przecław (visiting address and address for correspondence: Przecław 150, 72-005 Przecław); entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000390228; registry court where the company documents have been filed: Regional Court Szczecin - Centrum in Szczecin. 13th Commercial Division of the National Court Register; NIP (tax identification number): 8513152452, REGON (statistical number): 321065896, e-mail: contact@goldchess.com.
   6. ACCOUNT– an Electronic Service, a marked with an individual name (login) and password provided by the Service Recipient set of functionalities and resources in the information and communications technology system of Goldchess.com in which the data of the Service Recipient and information on the actions taken by the Service Recipient on the Website is collected.
   7. CUSTOMER– Service Recipient who enters or intends to enter into a Contract of Sale with the Seller.
   8. CONTRACT OF SALE– a contract of Product sale entered into between the Customer and the Seller via the Website.
   9. PRODUCT– digital content available on the Website, which is provided in an electronic form for reproduction on a suitable electronic device and constitutes the subject of the Contract of Sale.
   10. ORDER – a declaration of the Customer’s intent made via the Website and intended directly at entering into the Contract of Sale with the Seller.
   11. PARTICIPANT– a Service Recipient who takes or intends to take part in the Game.
   12. GAME– a virtual game of chess held on the Website by the Organizer, enabling Users to win Prizes
   13. PRIZE– a money prize paid by the Organizer to the Participant who achieves the best score in a Game in accordance with these Rules and Regulations and with the Rules of the Game.
   14. RULES OF THE GAME– detailed information on the conditions of a Participant’s participation in the Game and on the method of playing individual games established by the Organizer for each Game and available on the Website pages.
   15. ENTRY FEE– a fee paid by the Participant to the Organizer in exchange for enabling the Participant to take part in the Game.

2. THE ROLE OF GOLDCHESS.COM

1. The Service Provider is responsible for due provision of Electronic Services and of the other functionalities of the Website. The Service Provider does not provide to the Service Recipients any services other than the Electronic Services specified herein.
2. The Website enables placing Orders for Products, which are made available by the Seller against payment. If that is the case, the Seller shall supply Products that are free of defects and are in conformity with the terms of the Contract of Sale entered into with the Customer.
3. On the Website, the Game is also held, in which all the Service Recipients who meet the requirements specified in these Rules and Regulations and in the Rules of the Game may take part. The Organizer is responsible for correct course of the Game, for determination of the winner within the prescribed time limit, and for handing over the promised Prize in accordance with these Rules and Regulations and with the Rules of the Game.
4. Apart from the Service Provider, the Website is used also by Service Recipients. The Service Recipients are third parties independent of the Service Provider, who can use the provided Electronic Services in accordance with the principles specified in these Rules and Regulations, provide information concerning themselves, take part in the Game, place orders and enter into Contracts of Sale via Goldchess.com.

3. GENERAL TERMS AND CONDITIONS OF USE APPLICABLE TO GOLDCHESS.COM

1. The Service Recipient shall use the Website in conformity with its designed purpose, theme and these Rules and Regulations, and in particular in accordance with the applicable laws, standards of society and rules of decency, while respecting personal rights, copyrights and intellectual property rights held by the Service Provider, other Service Recipients and third parties. The Service Recipient shall input only true data on the Website. The Service Recipient shall not submit any illegal content.
2. The Service Provider is not obliged to monitor the content submitted by the Service Recipients to and published by the Service Recipients on the Website. The Service Provider shall take no responsibility for data published by the Service Recipients on the Website if the Service Provider has no knowledge of the illegal character of such data or of activities related thereto. If the Service Provider receives an official notification or obtains reliable information on the illegal character of such data or of activities related thereto, the Service Provider shall immediately prevent access to such data.
3. The Service Provider shall exercise due diligence in order to update and verify the veracity of the presented data. Nevertheless, the Service Provider does not guarantee that the data published by the Service Recipients on the Website is up to date and reliable. The Service Provider shall take no responsibility for such data being outdated, which shall not affect the responsibility of the Service Provider towards the Service Recipient who is a consumer (or another natural person to whom regulations concerning consumers apply), as provided for in mandatory law.
4. The Service Provider makes due efforts to make the use of Goldchess.com understandable and transparent to the Service Recipients. However, the Service Provider cannot guarantee that a Service Recipient will be able to use the Electronic Services on his/her own or that the Electronic Services will prove useful for achieving the goals planned to be achieved by the Service Recipient. In particular, the Service Provider does not guarantee to the Service Recipient that the Service Recipient will be able to play the Game or that the Service Recipient will win a Prize. The Service Provider makes Goldchess.com available ‘as is’, and makes no express or implied representations as to its fitness for specific purpose, which does not exclude or limit the responsibility of the Service Provider towards the Service Recipient who is a consumer (or another natural person to whom regulations concerning consumers apply) for undue provision of service, as provided for in mandatory law.
5. Technical requirements for use of the information and communications technology system of Goldchess.com: (1) access to a desktop computer, a laptop, a tablet, or a smartphone, and to the Internet; (2) access to electronic mail; (3) web browser in a currently supported version: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge; (4) cookies and Javascript enabled in the web browser.
6. The Service Provider informs that certain risks are associated with the use of the Website on the Internet. The main threat to each Internet user, including users of Electronic Services, is a possibility of having the information and communications technology system infected by various malicious software, including in particular computer viruses such as worms or Trojan horses. In order to avoid such threats, it is important for the Service Recipient to install an antivirus program on the device used for connecting to the Internet, and to keep it updated at all times.
7. The controller of the personal data processed by the Website in relation to the performance of the provisions hereof is the Service Provider. The personal data are processed for the purposes, for the period, on the bases and in accordance with the principles specified in the privacy policy published on the Website. The privacy policy contains first of all the rules of processing personal data by the Personal Data Controller on the Website, including the bases for personal data processing, the purposes and period of personal data processing, the rights of the data subjects, as well as information on the use of cookies and analytical tools on the Website. The use of the Website is voluntary. Similarly, the related provision of personal data by the person using the Website is voluntary, subject to the exceptions specified in the privacy policy (use of the Electronic Services, entering into a Contract of Sale, and statutory obligations of the Service Provider).

4. TERMS AND CONDITIONS OF USING AN ACCOUNT ON THE WEBSITE

1. In order to use most of the functionalities offered by Goldchess.com, including participation in the Game, the Service Recipient needs to create an Account.
2. The Account Electronic Service is provided free of charge for an indefinite time, with the reservation that participation in the Game may be chargeable in accordance with the rules stipulated hereinafter.
3. In order to use the Account, the Service Recipient needs to take the following three steps – (1) complete an interactive registration form and (2) click the “Register” field – when the field is clicked, a contract for the use of the Account is entered into between the Service Recipient and the Service Provider. The Service Recipient needs to provide in the registration form the following data concerning the Service Recipient: full name, year of birth, country of residence, e-mail address, chess skill level (amateur / professional), name (login) and password.
4. In order to use the Account and its particular functionalities, the Service Recipient may be required to provide also other data – information on the scope of required data will be in each case provided on a Website page before the relevant functionality is used.
5. The Service Recipient shall update his/her data provided for the Account whenever such data is changed.
6. The Service Recipient shall not make the data enabling access to the Account available to third parties. The Service Recipient shall not grant access to the Account to other persons, also through renting or lending the Account for use.
7. The Service Recipient may hold on the Website only one Account at a time.
8. The Service Provider reserves the right to remove the Service Recipient’s Account in a situation where, despite an admonition from the Service Provider stating the reason therefor:
   1. The Service Recipient breaches these Rules and Regulations, the Rules of the Game, or tournament rules and regulations;
   2. The Service Recipient remains in arrears with any payment to the Service Provider;
   3. The Service Recipient publishes on the Website (also in the form of computer files, pictures or other visual materials) any content infringing these Rules and Regulations or the applicable laws, including content constituting an advertisement, an announcement or commercial information that encourages the use of websites competing with the Website, including also webpage addresses, names and logos;
   4. The actions taken by the Service Recipient tarnish the reputation of the Service Provider or of the Website;
   5. The Service Recipient uses the Game in a manner inconsistent with its designed purpose and with the Rules of the Game;
   6. The Service Recipient places Orders for a purpose other than entering into a Contract of Sale with the Seller.
9. The Service Recipient may quit using the Account at any time and without specifying any reason, by means of sending a relevant request to the Service Provider, particularly by e-mail to the following address: contact@goldchess.com. The Service Provider will remove the Account immediately. After the Account is removed, it will be impossible to log in the Account and to use the functionalities provided by the Account.
10. Removing the Service Recipient’s Account in any manner will result in deletion of all the data assigned to the Account, with the reservation that this shall not breach the possibility to store the Service Recipient’s data for the period required for the completion of the other (than maintaining the Account) purposes of processing which are in conformity with the privacy policy applicable to the Website.
11. All the content and data placed by the Service Recipients on Website pages or sent via the Website shall be reliable and true, and shall reflect the actual intent of the Service Recipient. It is prohibited to place content which would infringe the netiquette principles or which would contain information that is untrue or could mislead the Service Provider or third parties, or contains advertisements, or directly or indirectly promotes other webpages.

5. GENERAL TERMS AND CONDITIONS OF PARTICIPATION IN THE GAME

1. Participation in the Game is enabled against payment, except for Games for which it has been clearly stated that Participants can take part in such Games free of charge.
2. In order to take part in the Game, the Service Recipient needs to take all of the following three steps – (1) log in the Account on the Website, (2) select the Game available on the Website, and (3) pay the Entry Fee or enroll for the Game without paying the Entry Fee if participation in the Game is possible free of charge – at this moment the Participant is enrolled for the Game.
3. The Entry Fee amounts shown on the Goldchess.com pages are denominated in US dollars (USD). Information on the total amount of the Entry Fee required for participation in the Game, including also any possible miscellaneous charges, and where the amount of such charges cannot be specified – on the obligation to pay such charges, shall in each case be provided to the Participant on the Goldchess.com webpages, also at the time of expressing intent to enroll for the Game.
4. The Entry Fee may be paid with the use of online payments or payments made with payment cards that are processed via the PayPal.com website (for currently available payment methods, see https://www.paypal.com). The Participant shall be enrolled for the Game on the condition that the Participant makes payment immediately after the Participant is redirected to the electronic payment gateway, not later however, than before the commencement of the Game for which the Participant intends to enroll.
5. Unless stipulated otherwise, it is assumed that the Entry Fee is an one-off fee and enables the Participant to enroll for a single game planned for the nearest future.Detailed information on participation in the Game, rules that govern the solving of chess problems, and the methods of determining the winners shall in each case be specified in the Rules of the Game established by the Organizer for a given Game.
6. A Participant who did not take part in the Game although he or she had enrolled for it shall not be entitled to Entry Fee reimbursement, unless the impossibility to participate in the Game occurred for reasons attributable to the Organizer.
7. By enrolling for the Game the Participant accepts the fact that some of his/her personal data (full name, login) may become publicly available to the other visitors of Goldchess.com through lists of winners and ranking lists of Participants, which are published on the Website pages after the Game ends.
8. Upon enrollment for the Game, the Participant receives access, from his/her Account level, to the contents of the problem, which means specified by the Organizer requirements that must be met for the problem to be solved correctly as a part of the Game.

6. GENERAL RULES OF THE GAME

1. Unless the Rules of the Game established by the Organizer stipulate otherwise, the course of the Game shall be as specified in this Section 6. of the Rules and Regulations.
2. Each Game requires the Participant to correctly solve the problem, that is to checkmate or to win the game in a defined number of moves and in the manner specified by the Organizer. In each Game there is a time limit for solving the problem by the Participants.
3. A problem can be solved with the use of the CEEC (Chess Elite Educational Computer) application made available by the Organizer for downloading free of charge from the Website pages. The Participant shall install the application, following instructions from the Organizer, on a terminal device that meets the minimum technical requirements specified for the application.
4. A recorded solution to a (in the form of a file generated by CEEC) shall be submitted as soon as possible to Goldchess.com via the Participant’s Account.
5. Solving a problem requires downloading a file with the problem and opening it with CEEC. The Participant shall not change the CEEC settings, and in particular the playing strength. CEEC offers 23 playing strength levels – all the Participants shall choose level 5.
6. Having solved the problem, the Participant shall submit to Goldchess.com, via his/her Account, a CEEC file with the saved solution. A problem can be solved after the game for which the Participant enrolled has started.
7. If no Participant solves the problem within the specified time limit, the Organizer may replace the problem or transfer it to the next game. If that is the case, the Organizer may also increase the Prize amount for the next game.
8. The Organizer shall check the correctness of solutions to chess problems in the order of their submissions, within no more than 48 hours from the time of submission. The winners shall be announced no later than by the end of Saturday in each week.
9. Depending on the number of Participants who enrolled for a given Game, the Organizer may decrease the Prize amounts or cancel the game. If the game is cancelled, the Organizer shall immediately reimburse the Participants who paid the Entry Fee.
10. Rejection of a solution submitted by a Participant – a submitted solution may be rejected in the following cases: (1) where the time limit set by the Organizer has been exceeded, or (2) where the Organizer proves variation improvement by means of a test or shortens the submitted solution by a move.
11. The Organizer may reject submitted solutions for which positions were downloaded with a significant delay or after the end of a given Game.

7. AWARDING PRIZES

1. Prizes shall be won by the Participants who meet the terms and conditions specified in the Rules of the Game. A Prize shall be awarded in particular to the Participant who is the first one to save in his/her Account on Goldchess.com a correct solution to a problem in the Game.
2. The Prize amount due to the winning Participant shall be transferred to the bank account or PayPal.com account specified by the Participant.
3. The Prize amount shown on a Website page is denominated in US dollars (USD) and is a gross amount.
4. The Prize shall be paid to the Participant as a net amount after all the deductions required under the tax laws applicable in the jurisdiction where the registered office of the Organizer is situated (that is 10% tax on winnings), within up to 7 business days from the announcement of the winner of the Game.
5. The Organizer reserves the right not to pay the Prize amount to the Participant who was the first to submit a solution to a problem published on Goldchess.com if the Participant fabricated the solution. A solution shall be deemed to have been fabricated in a situation where the Participant has included in the file with the solution submitted to Goldchess.com a CEEC move different than the one actually made by the application in the course of solving the problem. If that is the case, the Prize shall be awarded to the Participant who was the next to submit a correct solution to the problem.
6. If a Participant submits a solution that consists of the required number of moves, but differs from the solution presented by the author of a given problem, and a verification (understood as testing the authenticity of CEEC moves provided by the Participant on several independent computers) shows that in a given position CEEC may play in alternative ways and makes alternately two different moves in defense, in order to receive the Prize the Participant shall submit both solutions consisting of two variants with the required numbers of moves.
7. The Organizer may decide about distribution of a Prize to two Participants of whom one submitted a solution different from the one presented by the author of a given problem, and the other one submitted a solution identical with the one presented by the author of a given problem.
8. If no player submits a solution identical with the one presented by the author of a given problem, the Organizer may award a Prize in an amount determined by the Organizer to the Participant who is the first to submit another solution with the same or a smaller number of moves.
9. The Organizer may reject a submitted solution to a problem for which the initial position was downloaded later than within the first minute from the commencement of the Game.

8. GENERAL TERMS AND CONDITIONS OF ENTERING INTO CONTRACT OF SALE

1. The Seller shall inform the Customer on the main features and characteristics of the Product no later than upon expression by the Customer of his/her intent to be bound by a Contract of Sale.
2. The Product prices shown on Website pages are denominated in US dollars (USD) and are gross amounts. Information on the total price provided for in the Contract of Sale, including due taxes, costs of delivery (if any), as well as other charges and their amounts, and where the amount of such charges cannot be specified – information on the obligation to pay them, shall in each case be provided to the Customer in a clear and understandable manner in the course of the Order placement procedure, including the moment of expressing intent to be bound by the Contract of Sale.
3. A Contract of Sale is entered into by and between the Customer and the Seller after the Customer has placed an Order.
4. The Order placement procedure commences when the Customer adds the first Product to an electronic cart on the Website. An Order is placed when the Customer takes the following two steps – (1) completes an interactive form and (2) moves to an electronic payment gateway – there is also a possibility to modify the entered data (to do so, the Customer needs to proceed in accordance with the displayed messages and the information available on the Website). The Customer shall provide in the form the following data concerning the Customer: full name, address (street, building/apartment number, postal code, city/town), e-mail address, telephone number for contact and data concerning the Sales of Contract entered into: Product(s), quantity of Product(s), delivery method and address (if applicable) and payment method.
5. An Order shall be placed if the Customer makes payment immediately after being redirected to an electronic payment gateway. Otherwise, for technical reasons, the Customer who still has the intent to purchase the Product shall recommence the Order placement procedure.
6. After the Order is placed, the Seller shall immediately confirm its reception and at the same time shall take the Order. The reception and taking of an Order are confirmed with a relevant e-mail message sent by the Seller to the Customer’s e-mail address specified during the Order placement procedure, containing at least Seller’s declarations on Order reception and taking, and confirmation of having entered into the Contract of Sale. Upon reception by the Customer of the Seller’s declaration on Order taking, a Contract of Sale is entered into by the Customer and the Seller.
7. The contents of the Contract of Sale entered into are recorded, secured and made available to the Customer by means of (1) making these Rules and Regulations available on a Website page, and (2) sending to the Customer the e-mail message referred to in item 8.3 hereof. The contents of the Contract of Sale are additionally recorded and secured in the information and communications technology system of Goldchess.com.

9. PAYMENT AND PRODUCT DELIVERY METHODS AND TIME LIMITS

1. The Seller enables the Customer to make payments under the Contract of Sale by means of electronic payments or payment card cleared via the Przelewy24.pl or PayPal.com website – information on currently available payment methods can be found on the following webpages: https://www.przelewy24.pl and https://www.paypal.com.
2. The Product is delivered to the Customer free of charge, unless the Contract of Sale stipulates otherwise.
3. The Seller shall deliver the Product to the Customer in an electronic form.
4. The electronic form may mean (1) a computer file sent to the e-mail address specified by the Customer during the process of placing an Order for the Product, or (2) a unique link (URL) that enables saving the Product in the memory of the Customer’s terminal device. In the latter case the Seller recommends that the Customer should download the Product as soon as possible after having received the access link.
5. A Product delivered in a digital form is designed for reading on an electronic device with the use of suitable software supporting a given file format.
6. An electronic Product shall be sent to the Customer immediately, in each case not later than within 48 hours from the time when the Seller’s bank or clearing account is credited with the amount of the payment made by the Customer for the Order.

10. LICENSE TO USE THE PRODUCT

1. This Section of the Rules and Regulations applies to Products which are works as defined in the copyright law, the copyrights for which are held by the Seller or by other third parties from which the Seller obtained the required under law permissions to trade in such works or their adaptations.
2. The purpose of the following provisions of the Rules and Regulations is to specify the principles of granting by the Seller to the Customer licenses covering Products protected under the copyright law, to an extent required for use of the Product by the Customer.
3. A Product which is a work, as defined in the copyright law, and is thus protected by copyright can be used by the Customer only for the Customer’s own, non-money making purposes, within the scope specified in these Rules and Regulations and in the copyright law.
4. Subject to the exceptions provided for in mandatory regulations, including in particular the regulation applicable to allowed use, the Customer shall not make the Product available to third parties or use it for money-making purposes.
5. For the avoidance of doubt, it is assumed that the Customer is not granted any copyright to the purchased Product. Upon the making of payment for the Order, the Customer is granted a non-exclusive, non-negotiable, non-transferable license to use the Product, which does not include the right to sublicense (or the right to authorize other persons to use the contents within the scope of the granted license), and which covers the right to use the author’s economic rights without limitation as to the territory or time, within the following fields of exploitation: (1) multiple downloading of the Product and recording it with the use of digital technologies in computer memory; (2) permanent or temporary multiplication of the Product in its entirety or in part with the use of digital technologies, within the scope in which the Product needs to be multiplied for the purpose of displaying, playing or storing the Product; (3) permanent or temporary displaying, playing or storage of the Product with the use of digital technologies. The seller reserves any and all rights, except for those referred to above, which have not been expressly granted to the Customer. In particular, the Customer is not authorized to (1) distribute the Product, which includes renting the Product or its copies; (2) sublicense the Product (which includes the right to authorize third parties to use the Product), and (3) market the Product, which includes lending for use or renting.

11. CONTACT WITH GOLDCHESS.COM

13. COMPLAINTS CONCERNING CONTRACTS OF SALE

1. The basis and scope of Seller’s responsibility towards the Customer for physical or legal defects in the sold Product (statutory warranty) are as specified in the generally applicable laws.
2. The Seller shall deliver to the Customer a Product that is free of defects.
3. The Customer may submit complaints for example by means of sending an e-mail message to: contact@goldchess.com.
4. It is recommended that the Customer should include the following information in the complaint message: (1) information and circumstances pertaining to the subject of complaint, including in particular defect type and date of occurrence; (2) demand regarding the method of bringing the Product to a state that is in conformity with the contract, or a declaration concerning price decrease or withdrawal from the contract; and (3) contact data of the person submitting the complaint – this will facilitate and accelerate the process of handling the complaint by the Seller. The information provided in the preceding sentence are recommendations only and shall not affect the validity of complaints submitted in a manner different than described above.
5. The Service Provider will respond to the complaint submitted by the Customer immediately, not later than within 14 calendar days from the complaint submission date. If a Customer who is a consumer exercises his/her rights arising from statutory warranty and demands that the sold thing be replaced or defect be removed, or makes a declaration concerning price decrease and specifies the amount by which the price should be decreased, and the Seller fails to respond to such a demand within 14 calendar days, it should be deemed that the Seller has found the demand to be justified.
6. The Seller’s responsibility under statutory warranty towards a Customer who is not a consumer is hereby excluded.

14. RIGHT TO WITHDRAW FROM A CONTRACT

1. This Section 14 of the Rules and Regulations and the provisions contained herein shall apply only to Service Recipients who are consumers (or other natural persons to whom regulations concerning consumers apply).
2. The right to withdraw from a distance contract cannot be exercised by a consumer in respect of contracts (1) for provision of services if the entrepreneur fully rendered a service with an explicit permission from the consumer who was informed before the commencement of the provision of service that the consumer would forfeit the right to withdraw from the contract after provision of the service by the entrepreneur is completed; (2) for supply of digital contents not recorded on a material medium, if the provision of service commenced with an explicit permission from the consumer before the lapse of the time limit for withdrawal from the contract and after the consumer was informed by the entrepreneur on the forfeiture of the right to withdraw from the contract.
3. Subject to the provisions of Section 14.2 of these Rules and Regulations, a consumer who executed a distance contract may withdraw from the contract within 14 calendar days without giving any reason and without incurring any cost, except for the costs referred to in the following sentence. As regards a service whose provision commenced – at a specific request from the consumer – before the lapse of the time limit for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after such a request was submitted shall pay for the service provided by the time of withdrawal from the contract. The amount to be paid shall be calculated proportionately to the scope of provided service, with the price or remuneration stipulated in the contract taken into account. If the price or remuneration is excessive, the basis for calculation of the amount shall be the market value of the provided service.
4. The time limit for withdrawal from the contract shall start running:
   1. for a contract as a part of performance of which the entrepreneur delivers a thing while being obliged to transfer its ownership (e.g. Contract of Sale) – from the time when the consumer takes the possession of the thing, and in the case of a contract which: (1) covers multiple things delivered separately, in lots or in parts – from the time when the consumer takes the possession the last thing, lot or part, or which (2) provides for regular deliveries of things over a definite time – from the time when the consumer takes the possession of the first of them;
   2. for the other contracts (including contracts on provision of Electronic Services) – from the contract execution date.
5. Sending a declaration before the lapse of the time limit for withdrawal from the contract shall be sufficient for meeting the said time limit. A declaration on withdrawal from a contract may be submitted for example in the form of an e-mail sent to: contact@goldchess.com.

15. METHODS OF ASSERTING CLAIMS OUT OF COURT

1. Detailed information on the possibility for the consumer to use out-of-court methods of handling complaints and asserting claims, as well as the rules of access to such procedures are made available at the offices and on the websites of the relevant government institutions and social organizations responsible for protection of consumers’ rights and interests in particular countries.
2. The Service Provider informs that in the Republic of Poland consumers may find information on the available out-of-court methods of handling complaints and asserting claims at the offices and on the websites of, amongst others, poviat (municipal) consumer ombudsmen, Voivodship Inspectorates of Trade Inspection and the Office of Competition and Consumer Protection (http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php).
3. An online platform for resolving disputes between consumers and entrepreneurs on the European Union level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR Platform is an interactive and multi-language webpage where consumers and entrepreneurs who want to resolve, without going to court, a dispute concerning contractual obligations arising from a contract of sale or contract for provision of services entered into online can receive comprehensive service.

16. MAINTENANCE BREAKS

1. The Service Provider shall make every effort to ensure correct and uninterrupted operation of the Website and possibility to use the Electronic Services. Due to the level of complexity and intricacy of the Website and of the Electronic Services provided via the Website, and due to the existence of external factors that remain beyond the control of the Service Provider (e.g. DDOS (distributed denial of service) attacks), errors and technical failures may nevertheless occur, which may prevent or limit in some way the operation of the Website and the possibility to use the Electronic Services provided via the Website. If that is the case, the Service Provider shall take any possible effort aimed at removing the failure within the shortest possible time and at limiting to the greatest possible extent the negative effects of such events.
2. Apart from interruptions caused by errors and technical failures, maintenance breaks may take place as well, during which the Service Provider will take actions aimed at developing the Website and the Electronic Services provided via the Website, and at securing them against errors and technical failures. The Service Provider shall make every effort to make the inconvenience caused by possible maintenance breaks to Service Recipients as little as possible.
3. The Service Provider shall plan the maintenance breaks, so that they cause as little inconvenience to the Service Recipients as possible. In particular, the Service Provider shall plan the maintenance breaks for the times of the day when the levels of traffic on the Website are the lowest (e.g. for night hours), and only for the time required for taking the necessary actions by the Service Provider. The Service Provider shall inform the Service Recipients on the planned maintenance breaks at a suitable time in advance.
4. The Service Provider shall not bear responsibility towards the Service Recipient for losses or for non-fulfillment of obligations arising from any errors or technical failures, or from maintenance breaks, as referred to in this Section 16 of the Rules and Regulations. However, this section of the Rules and Regulations does not exclude or limit the provided for in mandatory laws rights of a Service Recipient who is a consumer (or another natural person to whom regulations concerning consumers apply).

17. COPYRIGHT

1. Copyright and intellectual property rights to the Website as a whole and to its particular components, including contents, images, works, patterns and marks available on the Website, are held by the Service Provider or by other entitled third parties, and are protected under relevant provisions of the copyright law and of other generally applicable laws. The protection granted to the Website covers all forms of their expression.
2. Goldchess.com shall be treated similarly to any other copyright-protected work. The Service Recipient shall not copy the Website, except for situations where it is allowed under mandatory laws. The Service Recipient shall not modify, adapt, translate, decode, decompile, disassemble or try to determine in any other way the source code of the Website, except for situations where it is allowed under mandatory laws.
3. The trademarks of the Service Provider and of third parties should be used in accordance with governing provisions of law.

18. FINAL PROVISIONS

1. Due to the international character of Goldchess.com, the Service Provider may make these Rules and Regulations available in multiple language versions. The Service Provider shall make sure that the translation of any version of the Rules and Regulations is of adequate quality, sufficient for making the Service Recipients familiar with the principles of using the Website. If there are discrepancies in the interpretation of the provisions of these Rules and Regulations, the original version of the Rules and Regulations made in the Polish language and available on the Website shall prevail.
2. The Service Provider reserves the right to amend the Rules and Regulations where necessary or for important reasons, that is: changes in the law, addition of new Electronic Services or change in the currently provided ones; addition of or change in payment and delivery methods; change in the data of the Service Provider – to the extent to which such changes impact the implementation of the provisions of these Rules and Regulations.
   1. If contracts providing for continuous performance (e.g. a contract for using the Account Electronic Service) are entered into pursuant to these Rules and Regulations, the amended Rules and Regulations shall be binding upon the Service Recipient if the Service Recipient has been properly notified about the changes and did not terminate the contract within 14 calendar days from being notified. If an amendment to the Rules and Regulations results in an introduction of any new charges for using Goldchess.com or in an increase in the currently applicable charges, the Service Recipient shall have the right to withdraw from the contract.
   2. If contracts of different character than contracts providing for continuous performance (e.g. a Contract of Sale) are entered into pursuant to these Rules and Regulations, amendments to the Rules and Regulations shall in no way infringe the rights acquired by the Service Recipients before the effective date of such amendments to the Rules and Regulations, and in particular amendments to these Rules and Regulations shall not impact contracts which have been already entered into, are being performed, or whose performance has been completed.
3. Matters not regulated with these Rules and Regulations are governed by the provisions of generally applicable Polish laws.
4. These Rules and Regulations shall not exclude regulations which are valid in the country where the abiding place of the consumer entering into a contract with the Service Provider is situated, and which cannot be excluded with a contract. If that is the case, the Service Provider guarantees to the consumer the protection granted to the consumer pursuant to the regulations which cannot be excluded with a contract.