for the use of the free services exclusively available for registered users ("Users"), especially newsletters and competitions on the internet page ("Website") of DFL Deutsche Fußball Liga GmbH ("DFL") at www.bundesliga.com.
These General Terms and Conditions of Use apply as a supplement to the Legal Notices for visitors of the Website which are available on the Website. In the event of contradictions, these General Terms and Conditions of Use have priority. The User declares that the User has understood these General Terms and Conditions of Use and the Legal Notices on the Website as well as the information and services contained in the Website and that the User agrees with these General Terms and Conditions and Legal Instructions. If the User does not acknowledge this, the User is not permitted to use the services.
1. Access and registration
Access and use of the services is generally free for everyone able to do so responsibly, i.e. to understand and accept these General Terms and Conditions of Use as well as to avoid improper conduct. Minors who are Users give their assurance upon registration that access is obtained in consultation and with the agreement of the guardians. Access to competitions, however, is only permitted for persons who have reached the legal age and who have full legal capacity.
In order to use the services, the User must register for the respective service. This occurs by registration on the Website using the entry screen provided for using the specific service and submitting mandatory personal data of the User (e.g. first name and last name, email address) as well as other voluntary information. After registration for the services, the DFL will initially send a confirmation request to the email address stated by the User which the User, at his/her election, can confirm so that the registration is complete (so-called "double opt-in").
There is no legal claim of the User for conclusion and performance of the contract; the DFL especially reserves the right to temporarily or permanently shut down services at any time without stating reasons and without advance notice. The DFL can reject the registration of the User or exclude a User from use at any time. In the case of a registration that has already been completed with a concluded contract, however, this applies only if there is an objective reason, especially e.g. if
· there are justified doubts about the accuracy or completeness of the user data or the authorization of the active User and the User has not eliminated the doubts upon inquiry by the DFL at the User's own expense without undue delay by submitting appropriate proof,
· there is sufficient suspicion that the User intends to improperly use the services or will violate the provisions of these General Terms and Conditions of Use.
Upon registration, the User guarantees that all necessary information is accurate and current. In the case of changes, the User is required to update the User's data without undue delay. Only the relevant individual can register. Registration for third parties is not permitted.
2. Use of the services free of charge, offerings by third parties
The use of the services is possible free of charge unless compensation is agreed for certain content by concluding a separate contract with special terms and conditions of use.
If services operated by third parties are offered in the context of the services or the Website, the User must accept the terms and conditions of use of the third party when using the corresponding services. Only the terms and conditions of use of the third party apply exclusively in the contractual relationship between the User and the third party. The application of the present General Terms and Conditions of Use of the DFL for the continuing contractual relationship between the User and the DFL is not affected by this. Furthermore, it is possible to order goods and services from partners from the DFL or to participate in their contests or other actions. The DFL is exclusively active as an intermediary in these situations. Introduction takes place, e.g. using a link which leads to the specific offer at the own website of the partner in the context of offerings of partners which are activated in the context of the services or the Website. Questions and complaints must be accordingly directed towards the respective partner whose general terms and conditions of business and/or use apply for the respective order or participation.
In the case of joint actions by the DFL with its partners, the participation is governed by these present General Terms and Conditions of Use as well as any special terms and conditions of use of the DFL and/or its partners which may have to be accepted by the User.
During the course of the services, the User will also receive advertising or other contributions of third parties. The DFL reserves the right to formally examine this content prior to publication on the Website without having an obligation towards the User to do so.
3. Provisions on security and duties of care for the User
The servers used by the DFL correspond to the state of the art in technology and are secured with firewalls. However, the User is aware that there is a risk that third parties might be able to access transmitted data under certain circumstances. The confidentiality of the data transmitted in the course of using the services cannot, therefore, be guaranteed.
The data stored on the servers used by the DFL are secured by a back-up system which corresponds to the state of the art in technology. However, the User must ascertain to secure the own data relevant for the User in an appropriate manner. It is the responsibility of the User to examine the User's own data security.
Only the User is permitted to use the personal access data and password. The User is required to keep the User's personal access data and password secure against any unauthorized access by third parties. The User is responsible for the confidentiality of the User's personal access data and password.
The User is especially required:
· to refrain from measures which endanger or disrupt the services and/or the Website as well as their integrity. The User is required to make sure that the data transmitted by the User are not contaminated with viruses, worms or Trojan horses;
· to install and maintain the necessary precautions for data security during the entire term of the contract. This applies especially for the careful and conscientious handling of the User's personal access data and password;
· to notify the DFL immediately about any technical changes occurring in the area of the User if the changes have the capacity of influencing or adversely affecting the services and the security of the services and/or the Website;
· to cooperate and identifying attacks on the services and/or the Website by third parties.
The User will inform the DFL immediately in case of suspicion of improper use by a third party. As soon as the DFL learns about unauthorized use, the DFL will block the access for the unauthorized third party. The DFL reserves the right to modify personal access data and the password of a User; in such a situation, the DFL will inform the User about this without undue delay.
4. Other duties of the User
The User is responsible at its own expense for establishing access to the internet as well as for the technical infrastructure required for this purpose. The User bears the risk of loss of the User's data during transmission. The User is solely responsible for the devices used by the User (hardware and software) and their suitability for transmission of data.
The User must take all efforts at the expense of the User to enable the DFL to smoothly render the services, and the User must refrain from everything which could make it more difficult or possible for the DFL to render the services.
The User is generally prohibited from searching and selecting user data in order to send spam emails, using these data for phishing or for other misuse of data.
5. Compliance with the provisions in the law, the User's content, rights of third parties
The User undertakes to comply with all statutes and provisions, the Legal Instructions for visitors to the Website as well as these General Terms and Conditions of Use.
If the User is granted the possibility to publish content on the Website (e.g. submitted manuscripts, texts, images, illustrations, video sequences, audio documents and other contributions of any kind), the User bears the exclusive responsibility for this content. The User has no legal claim for publication of content on the Website. The User will not provide any content which violates provisions in the law or good morals. The DFL is permitted to block the corresponding content in the case of a reasonable suspicion about such violations until the User has provided proof that the content is legal. The User cannot publish content for commercial purposes; the User is especially prohibited from offering goods and services at a charge.
The User's content must be drafted in a conversational, objective and polite tone. Especially no criminally relevant content such as libel, slender, extortion or also racist or sexist statements or inciting against persons who think differently is permitted. Content which violates normal forms of decency, such as content which praises violence, pornographic content or displays which are dangerous for minors is also prohibited.
The User assures that the User has all rights required for using the content of the User (especially rights to images of persons or object, including brands and other rights). The User guarantees that its content is free of rights of third parties (e.g. copyrights, trademarks, naming rights, patents, design patents or use patents) as well as in conformity with the law and contract. A User with content that violates the law will be permanently blocked from using the Website to the extent this is legally possible, and the content will be deleted by the DFL as soon as possible after learning about the violation. The blocked User will be prohibited from using the Website, and unauthorized use will be prosecuted under civil law and criminal law.
The DFL reserves the right to formally check the content of the Users prior to publication on the Website without having an obligation to the Users to do so. Under no circumstances does publication constitute a confirmation that the content has been checked for violations of the law and is free of violations. If the DFL learns about obvious illegality of content, the DFL will inform the User about this without undue delay. The DFL is authorized, but not required, to remove content at the expense of the User if the User does not comply with the above requirements in this section.
The User will indemnify the DFL against all claims of third parties, including claims for damages, which other Users or other third parties assert against the DFL based on violations of their rights, based on violation of rights, especially due to a violation of their rights resulting from the content of the User. The User will assume all reasonable costs incurred by DFL in this regard. The User will especially indemnify the DFL against the costs of any necessary legal defense, and the User undertakes to support the DFL in the legal defense against third parties in accordance with good faith and using all available information and documents. All further rights as well as claims of the DFL for damages remain unaffected.
The User must inform the DFL in writing without undue delay if claims are asserted against the User due to the User's content violating the law. The User is required at its own expense to carry out any necessary changes in the User's content resulting from assertions by third parties that the rights have been violated.
In the event of the violation of rights of third parties by the content provided by the User, the User will, at the election of the DFL, procure the right to use the content or structure the content so that it does not violate any intellectual property rights. If this is not possible, the content that violates rights will be deleted.
6. Grant of rights
If the User is granted the possibility to publish content on the Website, the User grants the DFL all necessary rights for this purpose, especially the irrevocable right of public communication which is not limited by time or location. The User has no claim for publication of content. The User waives royalty payments for the publication in all forms and does not raise any claims whatsoever.
7. Rights to content in the services
All rights are reserved. The intellectual property contained in the services is protected. The User can use these services as a source of news free of charge. The production of copies and downloads for personal, private and non-commercial use is permitted. Aside from this, the User is not granted any license with the services for the purpose of using or exploiting the intellectual property contained in the services. Especially the content, such as text, images, illustrations, sound, animation and videos as well as how they are ordered are subject to German copyright law and law protecting work product as well as other protective laws. Any use or exploitation which is not permitted by German copyright law or the law governing work product requires the prior written consent of the DFL or the respective holder of the right. This applies especially for reproduction, processing, translation, storage and repetition of content in data bases or other electronic media and systems. The reproduction or repetition of individual items of content or complete pages is not permitted. The display in third party frames is only permissible with written permission. The User is instructed that the content contained in the services is subject in part to third party copyrights. If the User learns about a violation of a right, the DFL requests corresponding notification.
All trademarks and marks of the DFL mentioned or displayed in the services are protected by law. This applies especially for trademarks, logos and emblems. All other trademarks and marks of third parties mentioned or displayed in the services are fully subject to the provisions of the respective trademark and marking right of the respective holder. Simply naming or showing expressly does not mean that such brands and trademarks are not protected by rights of third parties.
8. Special terms and conditions for competitions
The General Terms and Conditions of Use for Contests apply additionally for participating in competitions, and the provisions in those terms and conditions for participation have priority over these present General Terms and Conditions of Use in the case of contradictions.
The User will have the possibility on the User's data page to terminate the services for which the User has registered. In the case of the newsletters, the User also has the possibility to terminate the respective newsletter using an unsubscribe link.
10. Reservation for changes
The DFL reserves the right to update and modify these General Terms and Conditions of Use at any time and without stating reasons. Amendments will be announced in a timely manner at least 14 days prior to when the modified provisions take effect so that the User can decide in a timely manner about continuing to use the services.
11. Liability for services which are free of charge
The DFL assumes no liability for the accuracy, completeness, timeliness or other quality of the provided content. Liability for damages, regardless of the legal basis and type, is excluded unless the damages are based on intentional or grossly negligent misconduct.
The DFL assumes especially no liability for all content provided by Users or goods, services, contests or other actions or content displayed by partners of the DFL. This also applies for the loss or improper use of data if this results from omissions or improper use of protection for data by the User.
To the extent that the liability of the DFL is excluded or restricted, this also applies for the personal liability of its employees and agents.
12. Data privacy and confidentiality
The provisions in the law on data protection and data safety must be observed. The User is responsible for compliance with laws and provisions on data protection and data security when transmitting personal data to the DFL.
The User has been comprehensively informed about the type, scope, location and purpose of collecting, processing and using the personal data. The provisions on data protection (privacy statement) which can be reviewed at the following linkprovide information about the scope of collecting, processing and securing the User's data.
The User undertakes to perpetually treat as confidential all information and knowledge which the User obtains in connection with this Agreement which is designated as confidential or is recognizable as business secrets of the DFL on the basis of other circumstances. Unless required to achieve the purpose of this Agreement, such information and knowledge cannot be recorded or disclosed to third parties or otherwise used.
13. Place of performance and applicable law
Place of performance is Frankfurt am Main.
The law of the Federal Republic of Germany applies, and all provisions which refer to other legal systems are excluded. The application of German rules of conflict as well as the UN Convention on the International Sale of Goods are expressly excluded. When using the services, the User expressly declares that it agrees with the terms and conditions on the choice of law.
14. Dispute resolutions
The European Commission provides a platform for online dispute resolutions (OS) accessible at http://ec.europa.eu/consumers/odr/. The DFL is not willing and not obligated to participate in dispute resolution procedures (Streitbeilegungsverfahren) of arbitration procedures (Verbraucherschlichtungsstelle).
15. Final provisions
The User cannot transfer individual rights under this Agreement as well as the entire Agreement to third parties unless the DFL expressly grants its written consent.
The failure to exercise a right under this Agreement does not constitute a waiver of the relevant right unless this has expressly been notified in writing to the other contract partner by the holder of the right.
Oral side agreements are invalid. Terms and conditions which deviate or supplement the present General Terms and Conditions as well as any amendments to this Agreement, including this clause on written form, apply only if they have been agreed in writing and are expressly designated as an amendment or supplement.
The invalidity of one or more provisions in these General Terms and Conditions of Use does not affect the validity of the remaining provisions.