for the use of the free services exclusively available for registered users ("Users") on the internet page of DFL Deutsche Fußball Liga GmbH ("DFL") at www.bundesliga.com/en ("Website"), especially the Bundesliga Newsletter, the Official Fantasy Bundesliga and the Official Bundesliga Predictor, as well as newsletters with product information and other information from partners and licensees of the DFL.
2. Legal Notices
2. Access and registration, minimum age
2.1 Regarding the access, the registration and the minimum age for the use of the Services the following applies unless otherwise specified in Clause 7 which applies primarily for the Official Fantasy Bundesliga and the Official Bundesliga Predictor.
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 the use of the specific Service and submitting the respective mandatory data as well as possible other voluntary data. After registration for the Services, the DFL will initially send a confirmation request to the email address entered by the User which the User, at his/her election, can confirm so that the registration is complete (so-called "double opt-in").
2.2 There is no legal claim of the User for conclusion and performance of the contract regarding the Services; 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 already completed registration and an already 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;
- is a statutory exclusion criterion.
2.3 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 own registration is allowed. Registration for third parties is not permitted.
3. Use of the Services free of charge, offerings by third parties
3.1 The use of the Services is possible free of charge.
3.2 During the course of the Services, advertising or other contributions of third parties will be presented to the User. 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.
4. Provisions on security and duties of care for the User
4.1 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 him/her in an appropriate manner. It is the responsibility of the User to examine the User's own data security.
4.2 Only the User is permitted to use his/her personal access data and password. The User is obliged to keep the his/her personal access data and password secure and to prevent 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 obliged 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 Trojans; and
- 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; and
- 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; and
- cooperate and identifying attacks on the Services and/or the Website by third parties.
4.3 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.
5. Other duties of the User
5.1 The User is responsible at its own expense for establishing access to the internet as well as for the required technical infrastructure. 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.
5.2 The User must take all efforts at his/her expense 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.
5.3 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.
6. Rights to content in the Services
All rights are reserved. The intellectual property contained in the Services is protected.
7. Special terms and conditions for the Official Fantasy Bundesliga and the Official Bundesliga Predictor
7.1 Authorization to participate and win
7.1.1 Participation is free of charge.
7.1.2 Participation is possible via the offered opportunities to attend the Official Fantasy Bundesliga and the Official Bundesliga Predictor which are provided on the Website. The User alone is responsible for the punctual access at the DFL, as well as the accuracy of his/her entries.
7.1.3 All individuals who have reached the age of 16 are entitled to participate. Minors who have not reached the age of 16 are excluded from participation. The DFL reserves the right to only grant prizes to minors who have reached at least the age of 16 upon the approval of their legal guardians. This applies in particular if a prize causes follow-up costs.
7.1.4 Objective reasons pursuant to Clause 2 (e.g. the submission of false personal data, manipulations) authorize the DFL to exclude a User from the participation in the games. Multiple participations as well as automatic computer-generated submissions are not permitted and will be ignored.
7.1.5 Employees of the DFL and companies affiliated with the DFL within the meaning of Sec. 15 et seq. German Stock Corporations Act (Aktiengesetz, "AktG") and the DFL Foundation, employees of licensees, partners and sponsors, as well as the respective relatives of these employees are excluded from participation.
7.1.6 The DFL will not grant any prizes to persons who are excluded from participation. The DFL can demand return of any prizes that have already been granted to these persons.
7.2 Prizes, game process and game design, entry deadline, time frame
7.2.1 The prizes, game process and game design, entry deadline and time frame for the Official Fantasy Bundesliga and the Official Bundesliga Predictor can be found in detail on the Website.
7.2.2 Unless otherwise specified, it is not possible to win more than one prize per game. A claim for a prize is not transferable. Unless otherwise specified, cash disbursements or payments in kind are excluded.
7.2.3 There is no claim regarding the equality of the prize which is shown and the prize which is distributed. The DFL reserves the right to replace the prize by an equivalent or a superior prize.
7.2.4 Any entries received after the respective close for participation or outside the time frame will not be considered.
7.3 Prize notification, publication
7.3.1 The ranking lists of the Official Fantasy Bundesliga and the Official Bundesliga Predictor are available on the Website. Regarding the Official Bundesliga Predictor this also applies to the Users’ predictions. The User can also check his/her points in his/her personal accounts.
7.3.2 The User agrees that in a case of winning, his/her first name and the first letter of his/her surname, as well as the country will be published in the official tele-media and social media of DFL.
7.3.3 The respective winner will be notified by email and must contact the DFL within four weeks after the notification has been sent. If the respective winner does not contact the DFL within four weeks after the notification has been sent, the claim for the winning will expire in the discretion of the DFL.
7.3.5 Material prizes will be delivered free of charge by a third-party company. Further costs, in particular if a delivery to the address provided by the respective winner is not possible, will not be covered by DFL.
7.3.6 If a prize are tickets for a match of the Bundesliga or Bundesliga 2, there is no clam for the visit of a certain match and a certain match date unless the match and the date are expressly mentioned in the description of the prize on the Website. The DFL will give its best efforts to realize the visit of the respective winner’s chosen match. However, there is no legal claim. Nevertheless this does not grant a legally enforceable right to attend the match selected by the winner. The final choice of the match is based on ticket availability on behalf of the DFL. A claim for such a prize will also be lost if the prize cannot be redeemed until the end of the following season due to reasons which lie solely in the person of the winner or in the winner's area of responsibility.
The respective winner is solely responsible for having any necessary travel documents (e.g. passport, visa etc.). The respective winner is obliged to bear any travel expenses which are not expressly mentioned in the prize description (e.g. transfer costs, pocket money, insurances, taxes).
7.3.7 The respective winner must bear any follow-up costs resulting from a prize.
7.4 Other provisions
Legal recourse is excluded.
The User will have the possibility to terminate the Services for which the User has registered in the User’s account. In the case of the subscription to the Bundesliga Newsletter, the User also has the possibility to terminate this newsletter using an unsubscribe link in every newsletter.
9. Reservation for changes
10. Liability for Services which are free of charge
Regarding the DFL’s liability for Services which are free of charge – regardless of the legal basis – the following applies:
The DFL assumes no liability for the accuracy, completeness, timeliness or other quality of the provided content, for defects in substance and/or defects in title and for damages, regardless of the type. This exclusion of liability does not apply for intentional or grossly negligent misconduct.
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.
11. Data privacy
The provisions on data protection (Privacy Statement) which can be reviewed at the following link apply.
12. 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).
13. Place of performance
Place of performance is at the registered office of the DFL unless otherwise specified on the Website for the prizes of the Official Fantasy Bundesliga and the Official Bundesliga Predictor.
14. Final provisions
14.1 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.
14.2 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.
14.3 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.
14.4 Oral side agreements are invalid. Deviating or supplementing terms and conditions as well as any amendments to this contract, including this clause on written form, apply only if they have been agreed in writing and are expressly designated as an amendment or supplement.