|General Terms and Conditions for using kickers11|
The sportsatnet GmbH (hereinafter referred to as "kickers11") operates an interactive online social networking site which can be accessed under various top-level domains (www.kickers11.com, www.kickerseleven.com, etc.) as well as various sub-domains and aliases of these domains on the Internet. It is a football communication platform that enables registered members (hereinafter referred to as "user") to present themselves, search for each other, communicate with one another and use additional features offered.
The content, features and services (hereinafter referred to as "applications") offered by kickers11 are intended exclusively for persons from fourteen (14) years of age and above. Therefore, the registration and use is only permitted to those persons which are at least fourteenth (14) years old or which submit the consent of a representative or legal guardian at registration.
All websites on which kickers11 provides applications of kickers11 are hereinafter referred to as “kickers11-Websites”.
1. Subject Matter
1.1 In the relationship between kickers11 as the operator of the kickers11-Websites and the registering user the following Terms and Conditions (hereinafter referred to as "GTC") apply. These GTC govern the contract relationship between the user and kickers11 as well as the contract relationship among users, irrespective of which kickers11-Website the user is registered with or logged on to. Deviating conditions of the user, which are in contradiction to these GTC, do not apply.
1.2 The user enters into this agreement on the use of kickers11 applications with sportsatnet GmbH, Im Rudert 14, D-35043 Marburg. Additional information as well as commercial registry data can be found under Site Info.
1.3 By registering as a member on kickers11, the user accepts these GTC for using the kickers11 applications. When registering, the user receives the possibility to take note of these GTC and to confirm the applicability of the GTC by separate activation of the mandatory field (by "clicking" on the check box). These GTC can be called up at any time, even after the registration, on all kickers11-Websites.
1.4 If the user is not at least fourteen (14) years old, has no consent of a representative or legal guardian, or disagrees with these GTC, he/she must refrain from registration. This also applies to the case that the significance of the collection, processing and storage of the personal data provided by the user is not fully understood.
1.5 Any conflicting terms and conditions, extensions or restrictions of the user is hereby expressly rejected and are thus not part of this contract.
1.6 Within the framework of the agreement between kickers11 and the user the GTC also apply even then when further kickers11 applications are used but the validity of the GTC are not expressly indicated.
1.7 Beyond the scope of options provided by kickers11, requires any use of the applications offered on the kickers11-Websites the prior written consent of kickers11.
1.8 kickers11 reserves the right to amend these GTC at any time without stating reasons. kickers11 shall give due notice of any amendments of these GTC to the user by email no later than two weeks before they enter into effect. If the user does not object to the applicability of the revised GTC within two weeks after receipt of said email, the amended GTC shall be deemed to be accepted. If the user objects to the applicability of the revised GTC, kickers11 remains authorised to terminate with immediate effect the existing contract relationship with the user and to delete all under the profile of the user stored content, data and/or files, without recourse to any claims for damages on behalf of the user. In the email containing the amended GTC, kickers11 agrees to include a separate reference to the meaning of the two-week period and the possibility of immediate termination of the contract.
1.9 Content, data and/or files provided by the user will only be made available by kickers11 for other users to the extent that the content, data and/or files does not violate any laws or these GTC. kickers11 is entitled to remove any illegal or prohibited content, data and/or files from kickers11-Websites without prior notice.
1.10 kickers11 strives to keep the kickers11-Websites constantly available without interruption. The user acknowledges and agrees that it is technically impossible to achieve 100% availability (24 hours on 7 days a week on 365 days a year) of the kickers11-Websites. In particular, the following events may result in brief malfunctions or temporary interruptions of the applications provided on kickers11-Websites:
- Security requirements
- Capacity requirements
- Events beyond kickers11's control (e.g. disruptions in public communication networks, power failures, war, industrial actions, natural disasters, etc.)
kickers11 shall, if possible, carry out maintenance work during periods in which the use intensity is usually lower. In addition, kickers11 shall announce planned maintenance work in advance on the kickers11-Websites. The liability of kickers11 for application failures which are caused by kickers11 are hereby unaffected.
1.11 With the offered applications on the kickers11-Websites kickers11 merely provides the user the technical applications to establish contact with other users and gives them the possibility to communicate with one another. As regards content, kickers11 does not take part in any communication between users. If users enter into agreements with one another over the kickers11-Websites, kickers11 shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. kickers11 shall not be liable for breaches of duty in relation to agreements entered into between users.
1.12 The kickers11-Websites offer registered users two usage models for the offered applications:
- A free and in its applications restricted membership (hereinafter referred to as "Basic-Membership")
- A paid and with all applications equipped membership (hereinafter referred to as "Premium-Membership")
- A paid and with advanced applications equipped membership (hereinafter referred to as "Premium-Features")
1.13 Details and conditions about the usage models, applicable fees and offered applications are set forth on the kickers11-Websites under "Membership". The fees listed under "Membership" are binding. Payments for the Premium-Membership and/or Premium-Features shall be due immediately after contract conclusion. Payment can be made using the various payment methods available on the kickers11-Websites. If kickers11 is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising there from, including bank charges related to any debit entries or similar charges. In these cases, kickers11 reserves the right to execute the order only against payment by surname or against advanced payment. kickers11 may deliver invoices to the user for Premium-Membership and/or Premium-Features by email.
1.14 For the usage of the payable Premium-Membership and/or Premium-Features as well as for orders in a future online shop, the user has to hand in a special declaration, which affirms that the member is either of legal age or that the user is able to finance the resulting payments arising from the usage of Premium-Membership and/or Premium-Features exclusively from means referred to in § 110 BGB (Pocket money), which has been given to the user for this purpose or to be used at his/her disposal by his representatives or legal guardians. Should the user not hand in the declaration required in such cases, then the user will be excluded from using the Premium-Membership and/or Premium-Features.
2. Requirements for Participation (Registration)
2.1 The user must register on kickers11 prior to the active use.
2.2 Requirement for the active use is a minimum age of fourteen (14) years or a consent of a representative or legal guardian. Furthermore, the future user must be aware of the significance of the collection, processing and storage of personal data. The user warrants that, at the time of registration, the user is at least fourteen (14) years of age or has the consent of a representative or legal guardian, that all of the data provided is accurate and complete and that the user has the necessary ability to foresee and maturity to understand the significance of the collection, processing and storing of its personal data. The user is obliged to update any changes to its user data in its user account without undue delay. In addition, kickers11 is entitled to demand presentation of appropriate documents to check personal details, with particular the user's age.
2.3 Registration on kickers11 takes place on the kickers11-Websites and the registration form provided there. The user must provide complete and correct details in the requested fields unless the entry of information is marked as optional. The use of pseudonyms, pen names or data of third parties is not permitted. In addition, the user shall choose a password upon registration. The user is obliged to keep this password secret and protected from access by unauthorised third parties. kickers11 shall not ask for the user's password at any time.
2.4 With the registration form submitted data, the user consents to enter the agreement to use the applications of the kickers11-Websites. kickers11 will promptly send an email with an activation link to the email address provided by the user. By clicking on the activation link the user confirms its consents to enter the agreement to use the applications of the kickers11-Websites.
2.5 Once the activation link is used successful, the user can log in via the login area on the kickers11-Websites and use the offered application. During the first log in, the user is obligated to provide further personal information. By submitting the appropriate form and forwarding the user to the starting page of its own user account, the agreement to use the applications of the kickers11-Websites between user and kickers11 takes effect.
User that are not at least fourteen (14) years of age are obligated to provide a consent of a representative or legal guardian. The submission of the declaration of consent must be confirmed by separate activation of the mandatory field (by "clicking" on the check box). Furthermore, the user has to provide first name, last name, phone number and email (email no obligation) of its representative or legal guardian.
By submitting the appropriate form and forwarding the user to the starting page of its own user account, the agreement to use the applications of the kickers11-Websites between user and kickers11 takes effect. As long as the submission of the declaration of consent is pending, the agreement to use the applications of the kickers11-Websites between user and kickers11 does not take effect and the use is prohibited for the user. kickers11 is entitled to verify the submitted declaration of consent by directly contacting the representative or legal guardian.
2.6 If the registration process is not fully completed within 168 hours, kickers11 will delete the user account created as well as the data submitted by the user with the registration form. kickers11 shall separately notify the user via email about the impending cancellation within 168 hours.
2.7 Each user is entitled to register only once, and upon registration he/she warrants that he/she is not yet an active user.
2.8 kickers11 reserves the right to refuse a person's registration without stating reasons. In the case of a rejection, kickers11 will delete the data submitted by the user with the registration form without undue delay. Nobody can claim a right to conclude a agreement to use the applications of the kickers11-Websites.
2.9 It is technically impossible for kickers11 to determine with whether a user has entered incorrect contact details upon registration. Therefore, kickers11 assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
3. Right of Cancellation for Consumers
3.1 If a user uses the applications of kickers11 for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (§13 German Civil Code):
The user may cancel his or her consents to enter the agreement (Registration) for the Basic- or Premium-Membership and/or Premium-Features in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins by forwarding the user to the starting page of its own user account, but not before the receipt of these instructions.
Furthermore, the user may cancel his or her consents to enter the agreement for Premium-Membership and/or Premium-Features in writing (e.g. by post, fax or email) within two (2) weeks without stating a reason, after changing from Basic-Membership to Premium-Membership and/or Premium-Features. The two-week period begins when Premium-Membership and Premium-Features is activated by kickers11, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent to:
Im Rudert 14
+49 (0) 6421 1705-510
3.2 In accordance with §312 d. Par. 3 BGB (German Civil Code), the user’s right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases:
- kickers11 has begun performing the services of kickers11 for which the user is registered with the express consent of the user.
- The user has initiated the services of kickers11 for which the user is registered (e.g. in which the user has accessed the services of kickers11 that kickers11 has made available to the user in accordance with the type of applications chosen by the user).
3.3 In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received. If the user is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to kickers11, then the user must reimburse kickers11 for the corresponding value. In the event of a valid cancellation, kickers11 must fulfil obligations for reimbursement within 30 days after dispatch of the cancellation notice.
4. Description of the Applications of kickers11 and Youth Protection
4.1 kickers11 operates an interactive online social networking portal in the form of a football communications platform on the Internet. The platform offers variety of applications to the user. These Applications include, without limitation:
- the provision of applications for creating one's own user profile with personal content, data and/or files (e.g. text, photos, videos, PDF files),
- the provision of applications for communicate with third parties via the internal kickers11 messaging system,
- the provision of applications for inviting new users via the external kickers11 mailing system,
- the provision of applications for sending SMS via the external kickers11 SMS system,
- the provision of applications for the purpose of creating and posting listings on the kickers11-Websites,
- the provision of applications for the purpose of creating, managing and using teams pages (TeamPro) on the kickers11-Websites,
- the provision of applications for the purpose of managing and using career diaries (TeamPro) on the kickers11-Websites,
- the provision of applications for the purpose of managing and using scouting databases (ScoutPro) on the kickers11-Websites,
- the provision of applications for the purpose of creating, managing and using training examples (TrainingPro) on the kickers11-Websites,
- the provision of applications for the purpose of creating, managing and using groups on the kickers11-Websites.
Founders and/or administrators of a group, a team in TeamPro and/or a scouting database in ScoutPro are entitled to choose their members. They may freely choose whether or not a user may join their group, their team or their scouting database as well as what rights of use they want to assign to the user within the group, the team or the scouting database.
Further details relating to the individual applications available can also be viewed on the kickers11-Websites.
4.2 All information provided by the individual user profiles is stored in a central database at kickers11. Users can search for other users, view profiles of other users, get in contact with one another and start building their contact network.
4.3 kickers11 naturally observes the legal stipulations of Minor's Media Protection, especially the regulations of the JMStV (Minor's Media Protection Treaty).
4.4 If user post links to other web pages on the kickers11-Website, kickers11 may possibly track these and check their contents. If the external linked web pages contain any kind of illegal and/or harmful material to minors in particular those referred to in § 4 JMStV, kickers11 shall remove/delete the respective links.
4.5 kickers11 reserves the right to use programs which draw conclusions on the communication behaviour of the users. These programs serve exclusively the security of communications and the protection of minors on the kickers11-Websites. The use of the data obtained for other purposes and in particular for commercial purposes is expressly excluded.
4.6 kickers11 will notify users on the kickers11-Websites of things such as third party content and applications (hereinafter referred to as “third party content”), including, without limitation, by means of so-called advertisements. Such third party content is identifiable by a reference to this effect (e.g. “advertisement”). If and to the extent that an offer is made to users to enter into a agreement in connection with such third party content, such a agreement is formed exclusively with the party responsible for the content and named as provider. The user and the party responsible for the content and named as provider alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. kickers11 shall not be liable for breaches of duty in relation to agreements entered into between users and the party responsible for the content and named as provider.
4.7 In the selection of third party content, kickers11 shall watch narrowly the specific set of regulations on youth protection, which are proper for advertisements towards children and adolescents (especially § 6 JMStV). Therefore, third party content will never contain advertisements for alcohol or tobacco, advertisements that may cause physical or mental harm to children and adolescents nor advertisements that may exploit the inexperience of children and adolescents. In addition, no third party content will include purchase appeals to parents.
5. Obligations of the User
5.1 Registration and log-in details
5.1.1 The user warrants and represents that all of the personal data provided are accurate, complete and that the data personally describes the user. The use of pseudonyms, pen names or data of third parties is not permitted.
5.1.2 The log-in details (Email, Password) chosen upon registration must be treated confidentially and must not be disclosed to third parties. kickers11 employees will never ask users for their password. Users are obligated to notify kickers11 immediately if there are any grounds for suspecting that a third party has obtained his/her log-in details. The user is liable for damages that arise for kickers11 caused by a culpable violation of the obligation to keep log-in details confidential.
5.1.3 The user is obligated to immediately record subsequent changes to his/her user data under settings in his/her user account.
5.2 Posting content
5.2.1 The user has the option, in addition to text input, to upload photos, videos and/or PDF files and to add them to his/her profile. Furthermore, the user has the option to publish photos, videos and/or PFD files in his/her profile and to make them available to all users of the kickers11-Websites or not to publish and to use them for self-management purposes. In addition, founders, administrators and/or moderators of a group, a team and/or scouting database have the option to upload photos, videos and/or PDF files to their group, team and/or scouting database. The uploaded files are only available to group, team and/or scouting database members.
5.2.2 The user is responsible for the content, data and/or files he/she makes available or disseminates. It is therefore the user's responsibility to ensure that the respective content, data and/or files are lawful, and above all does not contravene any laws or infringe any third party rights.
5.2.3 Content, data and/or files may be removed or replaced at any time with prospective effect by the user who added or uploaded the file.
5.2.4 kickers11 reserves the right to remove added or uploaded content, data and/or files without notice if and to the extent that kickers11 has specific grounds for suspecting that publication would violate statutory provisions, public policy and/or third party rights.
5.2.5 The user warrants and represents that he/she will not add, upload nor distribute content, data and/or files that violate general personal rights and intellectual property rights of third parties. Finally, the user warrants and represents that he/she will not add, upload nor distributed illegal content, data and/or files as well as content, data and/or files harmful to minors.
Irrespective of the possible criminal responsibility of the user, contents, data and/or files are especially objectionable, when they:
(absolute prohibition § 4 Par. 1 JMStV)
- represent propaganda instruments according to § 86 of the criminal code, where the contents are opposed to the free democratic basic order or are opposed to the ideas of international understanding,
- use organisations flagged as unconstitutional according to § 86a of the criminal code, whose contents are opposed to the free democratic basic order or are opposed to the ideas of international understanding,
- incite hatred against parts of the population or against a national, racial, religious or the ethics of a particular group, challenge them to violence or any other form of arbitrary brutality or attack the human dignity of others in the process, insult parts of the population or a particular group, are maliciously derisive or are slandered,
- depict an act committed under the national socialist regime in a manner described in the international criminal code book § 6 Par. 1 and § 7 Par. 1, to disturb the peace, to deny, belittle,
- cruel and otherwise inhumane acts of violence against humans in any way or which portray the cruel or barbarous acts causing harm to human dignity in any way, this also applies to virtual portrayals,
- serving as a guideline for an illegal act as described in § 126 Par. 1 of the criminal code,
- glorify war,
- violate human dignity, especially by portraying humans, who are or were dying from or are suffering from severe ailments or emotional disorders, where consent is not adhered to,
- portraying children or youths in unnatural or sexually inclined positions; this also applies to virtual portrayals,
- are sexist or pornographic, and/or acts of violence, involving sexual abuse of children or youths or sexual acts involving humans using animals as a sexual object, this also applies to virtual portrayals,
- or are listed in parts B and D of § 18 Minors Law or the content or works are in any way comparable to those described in these lists,
(relative prohibition § 4 Par. 2 JMStV)
- in any way pornographic,
- listed in parts A and C of § 18 Minors Law or the content or works are in any way comparable to those described in these lists,
- capable to jeopardise the development of children and adolescents or their education to become self-responsible and to gain a community personality, taking into account the specific effect of the distribution medium.
Furthermore, the user is obligated not to add or upload illegal content, data and/or files, especially when they:
- are defamatory in nature,
- violate others right to privacy protection or other personal rights,
- violate others copyright, performance protection or trademark rights,
- can be civil or criminally prosecuted.
5.2.6 Finally, it is prohibited to post links to other web pages on the kickers11-Websites and user profiles that contain any kind of illegal and/or harmful material to minors.
5.3 Use of the content and applications
5.3.1 In the use of content and applications of the kickers11-Websites attention should be paid to current and/or applicable laws and all rights of third parties. It is especially prohibited to:
- use contact details of other users, which are available, for any purpose other than for ones own private communication.
- use user's data for the purpose to collect personal information.
- copy, disseminate or otherwise publish content made available without the consent of the respective proprietor.
5.3.2 The user must adhere to the legal regulations, particularly those governing the letter and telecommunications secrets, deal with emails and other messages confidentially. Therefore, the user shall only make messages accessible to third parties with the express prior agreement of the sender.
5.3.3 On the kickers11-Websites no passwords, codes, and serial numbers of any kind are to be exchanged or be given.
5.3.4 It is also not permitted that users send, carry out, advertise, promote and/or organise chain letters, pyramid schemes, contests, lotteries, sweepstakes or other illegal matches of chance within the meaning of § 284, 287 StGB and any form of structural distribution measures (such as multi-level marketing or multi-level network marketing). Further it is not permitted to communicate in any insinuating or sexual way (suggestive or explicit).
5.4 Back up of own data
5.4.1 Users are under an obligation to take reasonable precautions to back up content, data and/or files which can be viewed on the kickers11-Websites and which is stored on the kickers11-Websites (e.g. messages within the intern kickers11 messaging system) using current back-up technology. It is therefore the user's responsibility to save and/or print out important content, data and/or files on his/her own equipment to ensure unrestricted access to the data independently of the kickers11-Websites.
5.5 Malfunction of the kickers11-Websites
5.5.1 Disruptive actions and attacks on the kickers11-Websites are prohibited. It is especially prohibited to:
6. Changes to the Applications on kickers11-Websites
- take action for the purpose to collect, store, modify, forward information or otherwise misuse it,
- take actions which are capable to affect the functionality of the kickers11-Website, in particular to overload it,
- take actions which unreasonably harass other users,
- employ any mechanisms, software, scripts or other programs which are capable to install or to disseminate viruses, worms, Trojan horses or other malicious codes on the kickers11-Websites,
- employ denial of service attacks, brute-force attacks or any kind of electronic attacks (e.g. hacking) which could disrupt the kickers11-Websites (including all hardware and software used to operate the kickers11-Websites) and/or individual user profiles or cause damage to kickers11 or users.
6.1 kickers11 reserves the right to modify the applications offered on the kickers11-Websites or to offer applications different from those offered at the time of the user's registration at any time, unless this is unreasonable for the user.
7. Period of Agreement, Termination of Licence Agreement
7.1 The membership term for the Basic-Membership is concluded for an indefinite period. The User may terminate the Basic-Membership at any time without cause. The user may deliver notice of termination by clicking on CANCEL MEMBERSHIP on the page HOME - SETTINGS - MY ACCOUNT or by sending an email or written notice to kickers11. The termination notice shall include the email address of the user registered on one of the kickers11-Website.
7.2 The user may choose the Premium-Membership and/or Premium-Features with a minimum membership term on the page HOME - MEMBERSHIP. The Premium-Membership term will be automatically extended upon expiry by the same membership term selected, if it is not terminated by kickers11 or user fourteen (14) days before the end of the minimum term chosen or to the end of any renewal period after said minimum term expires.
7.3 The user and kickers11 may terminate without cause the Premium-Membership to the end of the minimum term chosen or to the end of any renewal period after said minimum runtime expires. The user may deliver notice of termination by clicking on CANCEL MEMBERSHIP on the page HOME - SETTINGS - MY ACCOUNT or by sending an email or written notice to kickers11. The termination notice shall include the email address of the user registered on one of the kickers11-Website. kickers11 may deliver notice of termination by letter, fax or email to the user. If the user or kickers11 has terminated the Premium-Membership, the user is entitled to retain a Basic-Membership until such termination takes effect. The provisions of this section 7.3 shall not affect the right of both parties to terminate the agreement for good cause.
7.4 A good cause for kickers11 includes any of the following events:
- if the user breaches a contractual obligation, in particular an obligation set forth in sections 2 and 5,
- if the user fails to comply with any applicable legal provisions and personal rights of third parties,
- if the user causes harm to any other users.
7.5 In the event of a good cause, notwithstanding kickers11's right to terminate the contract, kickers11 is entitled to:
- wholly or partially deleting content, data and/or files added or uploaded by the user,
- issuing a warning to the user,
- curtailing or limiting the use of applications within the kickers11-Websites,
- temporarily blocking a user account,
- permanently blocking a user account.
7.6 If case a user account is blocked or kickers11 has terminated the agreement for good cause, the user is prohibited from continuing to use the applications on the kickers11-Websites. In addition, a blocked or terminated user will be prohibited from re-registering without prior consent by kickers11.
7.7 In the following cases, the user shall not be entitled to claim reimbursement of any advance payments:
- if kickers11 has terminated the contract for good cause pursuant to section 7.4,
- if kickers11 has blocked the user’s access in accordance with section 7.5,
- if the user has terminated the agreement.
However, the user's right to claim reimbursement of any advance payments shall not be excluded in this case if the user has terminated the agreement for a good cause attributable to kickers11.
7.8 Upon successful de-registration, the user's account and all of the user's personal content, data and/or files will be deleted permanently. Content, data and/or files made publicly available on the kickers11-Websites by the user or which have been evaluated about the user prior to cancelling his/her account (e.g. on the message board of another user, within a team in TeamPro or published training examples in TrainingPro) will continue to be accessible even after account deactivation. If the terminating user is a group and/or team founder or a group and/or team administrator, kickers11 shall name the user with the longest membership in each of the relevant group and/or the relevant team as founder or administrator to ensure the continuity of the group and/or the team.
7.9 If representatives / legal guardians of minors do not consent to their child using kickers11, they can have the user profile and all the content, data and/or files saved about their child, deleted. To do this, a written request addressed to kickers11 is required, in which copies of passports of the minors and the representatives / legal guardians are enclosed. Content, data and/or files made publicly available on the kickers11-Websites by the user (child) or which have been evaluated about the user (child) prior to cancelling his/her account (e.g. on the message board of another user, within a team in TeamPro or published training examples in TrainingPro) will continue to be accessible even after account deactivation.
8. Responsibility for Content, Data and/or Files
8.1 kickers11 does not make any warranties or representations regarding any content, data and/or files provided or made available by any user on any of the kickers11-Websites. Furthermore, kickers11 does not make any warranties or representations regarding any content provided on any external linked web pages. In particular, kickers does not warrant or represent that said content, data and/or files are true or accurate, or that they fulfil or serve any particular purpose.
8.2 kickers11 will regularly - however there is no kind of obligation - check the contents, data and/or files for compliance with the law, especially checking the regulations of Minors Protection and if necessary delete all or parts of it.
8.3 The User may report violations of the above mentioned regulations, activities of any other user which violate applicable laws or other offensive content, data and/or files using a specially designated procedures (Report member) or using the contact form available at all kickers11-Websites.
9. Customer Service/Support
9.1 Queries regarding agreement with kickers11 or regarding kickers11 applications can be sent by the user to kickers11 using the contact form available on all kickers11-Websites, by email to email@example.com, or by sending a fax or letter.
10. Liability of kickers11
10.1 kickers11 is fully liable for damages which are caused by intentional behaviour or by the negligence of kickers11, kickers11 staff and/or kickers11 vicarious agents. Whatever the legal grounds, liability for damage claims based only on ordinary negligence against kickers11, kickers11 staff and/or kickers11 vicarious agents shall exist only if contractual obligations (basic/cardinal obligation) under this agreement are breached. In this event, the amount of claims are limited to typical and foreseeable damages.
This shall not affect the statutory liability of injury to life, limb or health based on the German Product Liability Act.
10.2 kickers11 is liable for damages arising from the loss of content, data and/or files only if the user has used a regular, adequate and complete backup of all relevant content, data and/or files. In this case, the claim is limited to the effort to restore the lost content, data and/or files using the content, data and/or files backed up by the user.
10.3 kickers11 accepts no responsibility for the uninterrupted, secure or error-free functioning of the applications on the kickers11-Websites. Furthermore, kickers11 accepts no responsibility for not negligent faults or lost content, data and/or files of the user.
10.4 kickers11 is not liable for the unauthorised knowledge of user's personal data procured by a third party (e.g. via unauthorised access by hackers on the database). kickers11 is also not liable, when content, data and/or files which users have given third parties access to, are then misused.
10.5 kickers11 is not liable for the content, data and/or files published by the user. This applies particularly to cases where the content, data and/or files composed by users infringe on the intellectual property rights, on the personal rights of third parties or on the regulations of Minor protection. This disclaimer likewise applies to the contents of web pages, which users have linked on without the kickers11's prior knowledge. The operator of the linked web pages is exclusively responsible for their content. As soon as kickers11 becomes aware of any contents harmful to youths or infringements on an external link web page, such kinds of links will be removed immediately.
10.6 kickers11 reserves the right to completely or partly discontinue the applications on the kickers11-Websites with immediate effect and delete all users saved data without giving a reason and with no recourse to compensation by the user.
11. Rights of Use
11.1 kickers11 required for the operation, promotion, advertisement and dissemination of the applications on the kickers11-Websites certain use and editing rights on content, data and/or files provided by the user.
11.2 For this purpose the user allows kickers11 to use the content, data and/or files provided for the application delivery on the kickers11-Websites and concedes kickers11 the necessary rights to his/her content, data and/or files free of charge. This right of use includes the right to reproduce and disseminate the content, data and/or files as well as to make content, data and/or files available to third parties on the kickers11-Websites or other media publicly accessible.
11.3 The user allows kickers11 to edit the content, data and/or files in particular to adapt them to required format specifications or adjust the display quality.
11.4 Rights conceded by the user to kickers11 expire with the termination of the Basic-Membership or with the content removal from the kickers11 websites.
12.1 If the user is of legal age, the user shall indemnify and exempt kickers11 from all actions, including damage claims, asserted by other users or third parties against kickers11 resulting from an infringement of their rights by the content, data and/or files posted by the user on the kickers11-Websites. Furthermore, the user shall indemnify and exempt kickers11 from all actions, including damage claims, asserted by other users or third parties against kickers11 resulting from an infringement of their rights regarding the use of the application on the kickers11-Websites or breach of these GTC by the user. The user assumes all reasonable costs kickers11 incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by kickers11, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
12.2 In the event the content, data and/or files posted by the user infringes any rights of any third party, the user shall, at its own expense and at kickers11's discretion, either obtain the right to use said content, data and/or files, render said content, data and/or files free of any infringement or discontinue to use the applications on kickers11-Websites that violate these GTC and the law.
12.3 Section 11.1 and 11.2 apply also to users who are not yet of legal age but have the ability needed to understand the consequences of such criminal actions.
13. Data Protection
13.1 The sensitive and responsible management of the personal data provided by the user to kickers11 is a matter of extreme importance to users and kickers11.
13.2 kickers11 shall comply with all applicable legal provisions regarding data protection. These requirements and provisions include German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation.
13.3 kickers11 shall not provide or otherwise disclose any personal data of the user to any third party without authorisation unless the user has previously stated its express consent or there is a legal obligation to do so. An expressed consent may be revoked at any time by written notification by letter, fax, email or by using the contact form provided on each of the kickers11-Websites.
13.4 Details on kickers11's collection and treatment as well as protection and security of the user's data are set forth in the Data Protection Policy of kickers11. When registering, the user receives the possibility to take note of the Data Protection Policy and to confirm the significance of the collection, processing and storage of his/her personal data by separate activation of the mandatory field (by "clicking" on the check box). The Data Protection Policy can be called up at any time, even after the registration, on all kickers11-Websites.
14. Use of Third Parties
kickers11 reserves the right to engage third parties as so-called vicarious agents for the purpose of performing this agreement and thus partly or completely providing the applications required to be provided by kickers11. The data protection remains unaffected.
15. Final Provisions
15.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
15.2 Unless otherwise stated in these GTC, kickers11 may send notices to the user by email, fax or letter to the addresses given in the user’s current contact data in his or her user account. The user may submit all notices to kickers11 using the contact form provided on each of the kickers11-Websites, by email to firstname.lastname@example.org, by fax or by letter.
15.3 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
15.4 The place of performance under these GTC shall be kickers11's main place of business.
15.5 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of kickers11.
15.6 These GTC and the contractual relationship between kickers11 and the user shall be govern by the material laws of the Federal Republic of Germany, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.
15.7 These GTC are an English translation of the German “Allgemeine Geschäftsbedingungen für die Nutzung von kickers11”. All due care has been taken to translate the German “Allgemeine Geschäftsbedingungen für die Nutzung von kickers11” from German to English. If despite of all care, there should be an inconsistency between the German and the English text, the German “Allgemeine Geschäftsbedingungen für die Nutzung von kickers11” prevail.
Current as at: 09th May 2008
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|Data Protection Policy of kickers11|
“kickers11” refers to the service provided subject to these General Terms and Conditions and/or sportsatnet GmbH.
Dealing with the personal data and information of all users sensitively and responsibly is a matter of paramount importance and belongs to one of the most important principles to kickers11.
In these terms and conditions on data protection kickers11 would like to inform you about how kickers11 treats your personal data and how you can exchange this data with other users of kickers11.
These terms and conditions supplement the "General Terms and Conditions for using kickers11".
Information for Minors
The content, features and services offered by kickers11 are intended exclusively for persons from fourteen (14) years of age and above. In addition, the registration form presupposes that a certain maturity, and ability to foresee the consequences of the collection, processing and storage of personal data exists. If you are not sure, you should ask your representatives / legal guardians (parents), whether they agree that you sign up for kickers11.
If you do not fully understand the significance of the collection, processing and storage of your personal data, you must refrain from registration.
If you are not at least fourteenth (14) years old you are obligated to submit the consent of a representative or legal guardian at registration. The consent of your representative or legal guardian must be confirmed separately.
1. Basic Principles of kickers11
The protection of your privacy when storing and processing your personal data is a matter of top priority to kickers11. kickers11 strictly adheres to the following basic principles for the protection of your personal data:
- kickers11 shall use your personal data solely to provide full functionality of the kickers11 applications on the Internet for which you have registered.
- kickers11 will never pass your personal data on to any third party, neither for advertising, nor for marketing or for any other purposes.
- With the exception of some general information about your sport status you alone decide what part of the personal data you have made available to kickers11 may be displayed by kickers11 to other members of kickers11 (cf. Section 3 Privacy of this Data Protection Policy).
- Persons not registered with kickers11 are not able to view your personal data.
kickers11 shall collect, process and use your personal data in accordance with the laws and statutes on data protection of the Federal Republic of Germany and those of the European Union. The data protection laws include the Teleservice data protection laws (TDDSG), the National data protection laws (BDSG), the legal data privacy stipulations of the telecommunications law (§§ 85 ff. TKG) and the legislative guidelines set at EU level.
2. Personal Data
2. 1 Details required on registration (mandatory information)
2.1.1 kickers11 is a football communication platform that enables registered members to present themselves, search for each other and communicate with one another. To make the platform kickers11 work, it is important that members exchange relevant information with other members within a limited capacity. Therefore, kickers11 needs to collect and process certain elements of your personal data in the course of the registration process to create your profile and your user account. First of all, this consists of the following minimum data:
- First name and last name
- User status (Player, Coach, Manager, Club Official, Scout, Agent, Soccer Schools)
- Email and email confirmation
- Password and password confirmation
2.1.2 In order to complete the registration process, you are obliged to state further personal data:
- Date of Birth
- Postcode and City
If you are not at least fourteenth (14) years old you are obligated to submit the consent of a representative or legal guardian. The consent of your representative or legal guardian must be confirmed separately. In addition, you are obligated to state the following required data of your representative or legal guardian:
- First name and last name
- Phone number
2.1.3 Your email address, password and the contact details of your representatives or legal guardians are never visible to any kickers11 member at any time. These details remain confidential, are stored and coded and are only used to manage your user account by kickers11.
2.1.4 The following personal data from all mandatory fields is accessible to other kickers11 members under your "Profile" without any restrictions:
- First name and last name
- User status
2.1.5 With respect to the following mandatory personal data, you may choose in each individual case whether the data shall be displayed to a specific other kickers11 member or not:
- Date of Birth
- Postcode and City
2.1.6 kickers11 shall never disclose or pass your personal data on to any third party.
2.2 Voluntary Data
2.2.1 If you wish, you may provide additional information about yourself apart from the mandatory data on a voluntary basis (hereinafter referred to as "voluntary data"). Voluntary data is not necessary for registration, but increases the attractiveness of your profile and allows other kickers11 members to get to know you better and possibly encourage them to choose you as an appropriate contact. You decide independently and according to your own judgement which voluntary data you would like to share and which you would not like to share. At the moment, depending on you user status, you are able to enter the following Voluntary Data, for example: status, club details, player details, agent details, further personal detail, contact details, photos, media files (video / PDF files), etc.
2.2.2 The voluntary data you choose to provide to kickers11 is accessible to all other kickers11 members, unless the data is particularly identified. With regard to such particularly identified data you may choose in each individual case if the data shall be displayed to a specific other kickers11 member.
2.3 Privacy Settings (Optional)
2.3.1 kickers11 protects your privacy. You choose yourself how open or private you want to be. On the page HOME - SETTINGS - PRIVACY in you user account you can adjust your privacy settings and decide according to your own ideas which information of you is accessible to which persons or groups. Here you can determine,
- which members can see your personal details
- which members can send you private messages
- which members can see your personal contact details
- which members can see your instant messaging details
- which members can see your confirmed contacts
- which members can see your message board
- which members can see your photos and media files
- which members can see your performance data
- if you want to be shown as visitor to other profiles
- which members can see that you are online
Here you can choose between the following (7) options:
- All members
- Coaches, Managers, Club Officials, Scouts
- Soccer Schools
2.3.2 In addition, you can decide according to your own ideas which information of you is accessible to you confirmed contacts. Here you can determine,
- can see my personal details
- can see my performance data
- can see my message board
- can see my photos/media files
- can see my personal contact details
- can see my confirmed contacts
- can see my instant messaging details
- can send me private messages
2.3.3 kickers11 will use your personal data in order to send you kickers11 marketing messages by way of electronic mail, for example: to send emails to your email address used you use on kickers11 and/or to send messages of an advertising nature (newsletter) via a messaging service. Should you no longer wish to receive electronic mail of an advertising nature, you may at any time object to receipt of such messages on the page HOME - SETTINGS - PRIVACY.
2.3.4 You may change your privacy setting for certain persons and groups as well as your data releases for confirmed contacts at any time.
3.1 The collection, storage, processing and usage of the personal data gathered by kickers11 as mentioned in Section 2. conforms with the legal stipulations (especially §§ 3 ff. TDDSG and §§ 28, 29 BDSG).
3.2 The purpose of collection, storage, processing and usage of the personal data gathered by kickers11 as mentioned in Section 2. is solely to enable and maintain the football community made available by kickers11!
3.3 A purpose beyond promoting the structure of the kickers11 football community by collecting, saving, processing and using the personal data will not be expressly pursued. The personal data will not be employed for any other purposes.
4. Necessary Information for the Purchase of Fee Required Usage Models
4.1 For purchasing fee required usage models (Premium-Membership and/or Premium-Features) provided by kickers11, you are obligated to submit certain personal data for the proper processing of the order, payment and delivery (e.g. sponsorship packages). These data include club name, first name, last name, postal address or details of payment, for example bank details, etc. The collected, stored and processed personal data will be used exclusively for the purpose of proper processing the order, payment and delivery (e.g. sponsorship packages); these are completely confidential and not accessible to other kickers11 members.
5. Data Transfer to Third Parties
5.1 kickers11 does not give the personal data of its members to third parties unless the member has given his/her express permission, or if there is a compulsory obligation to do so by law. If you have consented, you can also revoke it for the future at any time with immediate effect by a simple message (email, fax, letter).
5.2 If kickers11 collects your personal data in the event of your purchase of fee required usage models (Premium Membership and / or premium features) and in accordance with Section 4., kickers11 shall pass this data to properly process the order, payment and delivery to parties (suppliers, banks) involved in the order, delivery and/or payment process.
6. Creation of Usage Profiles
6.1 In order to continuously improve applications of kickers11, for example implement new features, sections or offers, kickers11 will analyse the behaviour of its users on the network and for this purpose create anonymous usage profiles. The analysis of these usage profiles are not and under any circumstances personal, meaning the user's identity remains unknown. kickers11 ensure both under technical as well as under human and organisational aspects that the anonymous usage profiles are not able to be merged with the personal data of the user (§ 4 Par. 4 TDDSG).
kickers11 will notify you on the kickers11-Websites of things such as third party content and applications (hereinafter referred to as "third party content") by using appropriate advertising messages; which might also be matched to the special interests of users. Such third party content is identifiable by a reference to this effect (e.g. “advertisement”). In the course of such "personalised" advertisements only exclusively irreversibly anonymised data will be used. For this purpose processed anonymous data is not personal and therefore do not allow to draw conclusions about the identity of the person concerned. kickers11 shall pass on such anonymised data to its own media partners. Even in these cases, kickers11 will never, under any circumstances, pass on information to its partners that could allow an identification.
8.2 You have the choice to decide whether to accept cookies via the settings of the internet-browser-program: by selecting the option "to be informed about every cookie" or "to deny all cookies". In order to use kickers11 properly cookies need to be accepted.
9. Log Files
9.1 Each time you access a website from the kickers11-Websites, kickers11 will save the following data in a log file (the so called "server log"):
- Your IP address (by which your computer can be clearly identified),
- The name and IP address of the computer requesting the respective page from the kickers11-Websites (the so called "remote host computer"),
- The time, status, and amount of the transferred data, as well as the Internet website from which you have reached the requested page of the kickers11-Websites (the so called "referrer"),
- The product and release information from your Internet browser (the so called "user agent").
kickers11 does not combine the website demands stored in the log file with other data source, in particular your personal data. kickers11 uses the data from this log file in anonymous form without reference to your person.
9.2 The collection and storage of the data from the log file solely serves statistical purposes (e.g. on which days and at which time the kickers11 applications are particularly frequented, how much data volume is created on the kickers11-Websites, etc.). However, kickers11 reserves the right to review the log files from the last known IP address of a kickers11 member where kickers11 has reasonable cause to believe that the member is using the kickers11-Websites and/or kickers11 applications in breach of contractual agreements or the applicable legislation. In doing this, kickers11 is protecting other kickers11 members, the safety of kickers11 members’ data, as well as kickers11-Websites and the kickers11 applications. Furthermore, by using the log file, kickers11 can identify defects on the kickers11-Websites, such as defective hyperlinks or program defects, and thus continually improve the quality of the kickers11 applications.
10. Data Security
10.1 The continually updated firewalls and security systems set up by kickers11 should protect you as far as possible from viruses and unauthorised attacks from outside. kickers11 commits to maintaining an adequate level of protection and to continually adapt the current standards in technological developments to the security technology used. At the same time you should be aware that due to the continuous emergence of new viruses, Trojans and other means of attack on secured data systems offered by internet services, a hundred percent protection from attack cannot be guaranteed.
10.2 kickers11 is not responsible for virus protection outside of the network of kickers11. kickers11 is also not responsible for damage and destruction of data by unknown viruses. Any kind of electronic attacks on the platform / database / network of kickers11 or individual user profiles are strictly prohibited. Each electronic attack leads to termination for good cause and immediate exclusion of the user and kickers11 will, whenever possible, prosecute every discovered attack by a hacker according to civil and criminal law. This applies also to users who are not yet of legal age but have the ability needed to understand the consequences of such criminal actions.
11.1 You have the right to demand a status account of your personal information stored by kickers11 about you free of charge. Your request for information is to be addressed in writing to sportsatnet GmbH, Im Rudert 14, D-35043 Marburg. Your request must be accompanied by a certified copy of an official and valid passport. The information will be sent by post to your address as given in the passport.
12. Implementation and Adherence of this Data Protection Policy
12.1 kickers11 commits to abide by the standards stated in this data protection policy and also in future to work at improving the data protection in the interests of kickers11 members.
13. Changes to this Data Protection Policy
13.1 kickers11 reserves the right to amend this Data Protection Policy, in the event that this becomes necessary due to gaps in this Data Protection Policy identified after their release, or in the event that it becomes necessary with respect to additional or amended services provided by kickers11. The same applies to possible changes to the respective legal directives, which can require adjusting. kickers11 will notify you of any amendments to this Data Protection Policy by email to the email account you provided to kickers11 in the course of your registration.
14. Accessibility of this Data Protection Policy
15. Final Provisions
15.1 This Data Protection Policy is an English translation of the German “Datenschutzbestimmungen von kickers11”. All due care has been taken to translate the German “Datenschutzbestimmungen von kickers11” from German to English. If despite of all care, there should be an inconsistency between the German and English text, the German “Datenschutzbestimmungen von kickers11” prevails.
Current as at: 09th May 2008
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