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Terms of Service

 

  1. General Conditions and Definitions
    1. The subject of these General Terms of Service (hereinafter referred to as "ToS") is the use of Athletbook and the sites, functions and performances offered as part of Athletbook, regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) on which Athletbook is carried out.
    2. The Provider of Athletbook is Innovative Systems UG (haftungsbeschränkt), Rhönstr. 1B, 63743 Aschaffenburg, Germany (hereinafter also referred to as "Provider"). "You" and "your" refer to you, as a user of Athletbook. "We", "us", and "our" refer to the Provider.
    3. These ToS represent the exclusive basis for all legal relationships established between us and you as well as among you and other users, related to the use of this Service.
    4. By accessing or using our Service, you are agreeing to these ToS and concluding a legally binding contract with us. Do not access or use our Service if you are unwilling or unable to be bound by the ToS.
    5. Insofar as we have not explicitly agreed to their application in writing, your possibly deviating business conditions shall not apply. Even though they may be enclosed and the contract may have been supplemented, a reference to your own business conditions does not constitute our acceptance of their applicability. Individual agreements and functions and structure of Athletbook and any price quotations arising out of descriptions within Athletbook take priority over these TOS.
    6. "Content" means all content and information like text, images, photos, video, messages, ratings, links or data on an event, a person or a location.
  2. Contract Conclusion and Content
    1. The contractual relationship with us is established upon the completion of the registration procedure or if a registration is not necessary upon your use of Athletbook.
    2. We are permitted to refuse the conclusion of a contract for objective reasons.
    3. In case of fee-based Services, the scope of our Services and your remuneration derive from the pricing plans provided to you within our Service. Additionally, the pricing plans determine the payment intervals for fee-based plans, which also correspond to the contract term.
    4. We may also send you service-related emails (e.g., account verification, technical and security notices, inactivity notifications, account invitations to other users, changes/updates to features of Athletbook).
  3. Third Party Offers and Software
    1. We make no claims or promises with respect to any third party, such as the businesses or advertisers listed within our Service.
    2. Accordingly, we are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers or their products listed or featured on the site.
    3. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk and subject to the terms and conditions of the third party.
  4. Obligations concerning your data and contact information
    1. You are responsible for ensuring that the information you provide us on you are correct, complete, legally permitted and free from any rights of third parties, and for informing us of any changes to the information you have provided.
    2. You are responsible for informing us of any changes to the information you have provided. The address and contact details of the users are kept up to date. Disadvantages caused to users due to incorrect information, go to their risk at expenses. Disadvantages that arise due to incorrect information for us will be charged to the user if the incorrect information is within their own sphere of responsibility.
    3. If a registration is incomplete, we are entitled to delete the user account within one week.
  5. Responsibility for content and information
    1. The Service Provider is neither responsible nor liable for user-generated content or for linked content on other websites.
    2. The Service Provider wishes to point out that no claim is made regarding the accuracy, completeness, legal admissibility and absence of any rights of third parties of the content provided within Athletbook. Such content is to be understood as non-binding information, recommendations and statements. In particular, no guarantee is offered that the content of Athletbook can be used in each country in which it is available. This restriction is due to the global nature of the Internet.
    3. The user in question, and not the Service Provider, is responsible for user reviews, comments and ratings.
    4. Users and other rights holders can complain to the Service Provider about content, stating the content and the criteria by which they have found fault with it, and apply for the correction or deletion of such content. The Service Provider may forward the complaint to the users responsible for the content in question and give them a reasonable period of time in which to comment. The publication of any content reported as inappropriate can be reversed until such time as it has been verified.
  6. Obligations of the users
    1. Users warrant that their content, in particular reviews, self-presentations and inquiries, is consistent with the truth, permitted by law and unencumbered by third-party rights.
    2. The following content in particular is not permitted: Pestering (stalking), threats, insults, and the assertion of incorrect facts; content that may be detrimental to the development or education of children or young adults or put them at risk; content that infringes third-party copyrights, trademark rights, competition rights or rights to privacy; content that is racist or xenophobic, glorifies violence or is seditious, pornographic, degrading or immoral; content that may affect the health of individuals; chain letters, bulk messages with or without advertiser content (spamming); links to sites with such content; sweepstakes, contests, lottery draws or similar promotions; publication of private data (such as e-mail addresses); commercial advertising or references praising other competitor services.
    3. The Service Provider has the right to remove non-relevant content, in particular content that does not relate to the specific thematic area of a Service or its parts (for example, political or religious topics).
    4. If users can directly contact and invite other users, this contact and invitation option may not be used for advertising purposes or to otherwise harass the contacted users (for example, through repeated requests for a reply even if no answer is forthcoming or a wish not to be contacted has been expressly stated). The Service Provider reserves the right to restrict the function both generally and in individual cases if users should feel harassed.
    5. The Service Provider reserves the right not to release content or to reverse the release thereof if there is concrete evidence to suggest that the content is in breach of statutory regulations, official prohibitions, the rights of third parties or public morality. The Service Provider is not, however, obliged to verify the content in advance.
    6. The Service Provider reserves the right to restrict the number or function of affiliate and similar advertising links placed by users and to prohibit the use of such links altogether.
  7. Sanctions
    1. As the integrity and functionality of the network is essential for the Service Provider, sanctions will be imposed against a user if the Service Provider has concrete evidence to suggest that the user is acting in breach of statutory regulations, third-party rights, public morality and/or these TOS.
    2. When choosing the sanction to be imposed, the Service Provider will take into account the legitimate interests of the user concerned and consider, inter alia, whether the case involves non-culpable misconduct or a culpable infringement. The following graduated sanctions are available to the Service Provider: a) the partial and complete deletion of the content of a user, b) the issue of a caution to a user, c) the restriction of the use of Athletbook, d) the temporary blocking of a user, e) the permanent revocation/termination of the rights of a user, possibly linked to an exclusion order.
  8. Provision of usage and representation rights by the user
    1. You shall provide us free of charge and unlimited in terms of location with the simple right to copy, publicise, and process the legally protected content, information and data provided by you or in your name and to transfer these rights to third parties such as subcontractors.
    2. With regard to the geographic, material, temporal and personal scope, the above provision of rights is effected only insofar as it is required for our fulfillment of the contractual services and subsequently expires automatically. Before initiating legal action, you shall notify us of any usage of the rights outside of this framework and give us an opportunity to stop using these rights or to limit their usage to the required extent.
  9. Your Rights
    1. You may use Athletbook within the limits of these ToS for yourself or your company. You are not entitled to rent, lend, lease, sell or make Athletbook capable of protection wholly or partially accessible in any technical form whatsoever to third parties for remuneration or free of charge without our explicit written approval. Sub-licences must not be issued.
    2. You may only use our Service via the input masks and interfaces provided. In particular, excessive use over and above normal levels of Service and interface usage intensity and frequency to be expected is prohibited (e.g. due to the use of software whose technical faults generate constant unnecessary access via our interfaces).
    3. You must not use our Service in any way that causes, or is likely to cause our Service or any access to it to be interrupted, damaged or impaired in any way, or for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or to cause annoyance, inconvenience or anxiety.
    4. We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these ToS or any other applicable terms and conditions, guidelines or policies.
  10. Indemnity
    1. You agree to indemnify, defend, and hold us, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to user's access to or use of our Service, your violation of the ToS, any products or services purchased or obtained by users in connection with our Service, or the infringement by users, or any third party using user's account, of any intellectual property or other right of any person or entity.
    2. We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  11. Termination
    1. A termination of the contract is possible at any time on the free-of-charge plan.
    2. Both contracting parties reserve the right to an early extraordinary termination of the contract for important reasons. Where necessary, a written warning concerning the objectionable conduct must precede the extraordinary termination.
    3. In case of contract termination, you are responsible for saving your data before your contract expires.
  12. Changes in Service
    1. The scope of the Service we are offering, the user accounts and their technical design are derived from the current technical status of our Service and the description of services at the time of contract conclusion.
    2. We reserve the right to extend, change or limit functions where this is in the interests of technical progress, is necessary to prevent misuse or where we are legally obliged to do so.
    3. Where such change in the scope of functions impairs your contractual use of our Service to a more than negligible degree, you have the right to a fee adjustment or the termination of your contract.
  13. Availability
    1. You hereby acknowledge that a 100% availability of our Service cannot be technically assured. However, we shall strive to keep our Service available as consistently as possible and assure you of an annual average availability of 98% in accordance with the following limitations in this section.
    2. We cannot ensure the availability of our Service during times in which it cannot be accessed due to technical or other problems that lie outside our sphere of influence (Force Majeure, third-party culpability, necessary maintenance etc.). Where the safety of the network or the maintenance of network integrity is endangered for reasons beyond our sphere of responsibility, we can temporarily limit access to our Service as required.
    3. You will be notified of foreseeable downtimes due to maintenance work in good time in advance. Claims in this respect can therefore not be deduced.
  14. Disclaimers and Limitation of Liability
    1. The following exclusions and limitations of liability apply with regard to Our liability for damage compensation, notwithstanding the other legal claim requirements.
    2. WE assume unlimited liability if the cause of the damage is the result of intent or gross negligence.
    3. Furthermore, We assume liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, We shall only be liable for the foreseeable damage that might typically occur under the Agreement. We are not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
    4. The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.
    5. If Our liability is excluded or limited, this also applies for personal liability of employees, representatives, agents or assistants.
  15. Confidentiality, self-advertising and competition clause
    1. The contracting parties undertake to treat all information they gain knowledge of during the fulfillment of this contract as confidential and to use it only for contractually agreed purposes.
    2. The rights and obligations in accordance with this section concerning confidentiality shall remain unaffected by a termination of this contract.
    3. For further information on collection and processing of your data by us please refer to our privacy policy
  16. Change in ToS
    1. We reserve the right to change the ToS at any time with effect from a future date. A change in essential provisions, which influence your contractual claims, shall be made only for valid and objective reasons, especially of a legal, technical and economic nature.
    2. We shall advise you of the amended ToS, at least in text form, so that you will have at least four weeks time to object to the change. In case of an objection, we can determine whether the previous ToS in our contractual relationship with you shall remain valid or whether you shall receive the right to termination. Should you not object to the amended ToS within the objection period, they shall be considered to have been accepted.
  17. Place of Jurisdiction, Applicable Law and Final Provisions
    1. Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    2. If one of the above-mentioned provisions is partially or completely ineffective, this does not affect the effectiveness of the remaining provisions.
    3. Sole place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court competent for our registered office.
    4. German law applies exclusively, both unless expressly agreed otherwise or pursuant to consumer protection legislation.

Privacy Policy

 

  1. General Information 
    1. The subject of this Privacy Policy is the use of Athletbook and the sites, functions and performances offered as part of Athletbook, regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) on which Athletbook is carried out.
    2. The Provider and data processor of Athletbook is Innovative Systems UG (with limited liability), Rhönstr. 1B, 63743 Aschaffenburg, Germany (hereinafter also referred to as "Provider"). "You" and "your" refer to you, as a user of the Application. "We", "us", and "our" refer to the Provider.
  2. General Information on Data Protection
    1. We will collect, process and use personally identifiable data beyond the scope already permitted by law and without your required further consent only to the extent necessary for the conclusion and execution of a contractual relationship, performing requests or for billing purposes.
    2. Usage data, such as information regarding start and end dates and the scope of the use of certain services and/or communication data will only be collected, processed and used if this is necessary to make available and invoice such services.
    3. To protect your personally identifiable data collected and processed by us from unauthorized access and abuse, we have put a number of technical and organizational security measures in place. These security measures are monitored on a regular basis and updated according to technical progress as necessary.
    4. As provided for by applicable provisions we are entitled to disclose and submit data for criminal prosecution and risk prevention purposes.
    5. During every visit of our website information about IP address, referring URL, date/time, browser version and operating system is stored in the web server log files due to technical and security reasons.
  3. Collection, Processing and Use of Personally Identifiable Data
    1. Your personal data are used for the following purposes:
      • The provision of our services and within them the acceptance, processing and execution of your orders.
      • Ensuring an efficient customer service and / or technical support for your products. When you contact us your details will be stored in order to process the enquiry and in case additional questions arise.
      • Notification concerning technical information, the community or our service.
    2. Should a user establish contact with the Service Provider (via the contact form or e-mail), the information provided by the user will be stored for the purpose of processing the request and for the event that follow-up questions arise.
  4. Registration and termination
    1. We collect and process your personal data within the scope of your registration and our service. your name, your address details, email address and your password.
    2. In particular, this may involve storing the following information:
      • Your Username
      • Your email address (it won't be disclosed to other users)
      • Your password (it will be stored in encrypted form)
      • Your profile name
      • Your sports/ disciplines
      • Country of origin
      • City
    3. You can voluntarily enter additional personal data when you set up an extended user account.
    4. After termination of your account, we are allowed to delete your profile data. Posts and comments, their content and other comparable content will remain within Athletbook out of consideration for other users if this is required, for example, to ensure that the meaning of conversations or advice or the like is not lost or inverted. Such content can be removed individually on request.
  5. Registration with third-party Authentification Services
    1. Athletbook uses third-party authentication services (each, an "Authentication Service") for account registration and credentialing purposes.
    2. A prerequisite for the third authentication is that users are registered with the respective third-party service and enter the required credentials. The authentification will be handled by our server, the actual application process will be performed directly by the third party.
    3. Within the scope of the authentification process we receive a user ID with the information that the user is logged under this user ID. We also receive a user handle which is an user ID that is only suitable for authentification purposes. Other data we receive depends on the used authentification service and the user's chosen permissions. Usually this is the username and the email address. In the case of Facebook, the accessible data encompasses the so-called "public information" which everyone can see. These include your name, gender, username, user ID (account number), profile picture, cover photo and networks (if you choose to add these).
    4. Your third-party password is neither visible to us nor will it be stored by us.
    5. Please note that your data may be synchronized with the third-party Authentication Service's data, but it can't be granted. Especially if your email address has changed, we ask you to changed it within your Athletbook user account.
    6. If users want to disconnect the link between the third-party Authentication Service and Athletbook they will have to cancel this connection within their user account with the third-party.
    7. Users are advised to consider that in the context of the use of third-party Authentication Services in addition the terms of use and data usage policies of the third-party apply. These could be in particular: Twitter (https://twitter.com/tos, https://twitter.com/privacy, Google (http://www.google.com/intl/en/policies/), Facebook (https://www.facebook.com/legal/).
  6. Newsletter
    1. Newsletters and emails that are not service-related, are not fulfilling our duties to perform our service and contain advertisement will only be send to you, if you have given us your prior consent.
    2. The content of the newsletter or email follows from its respective description. If no description is available, the content sent comprises information about us and our services, as well as information on our events or third party information and events.
    3. If you no longer want to receive our newsletter you can opt to stop receiving it at any time.
    4. You also give us the consent to store your IP addresses as part of the sign-up process. We are legally bound to record the log-on process so as to be able to verify that logging on is done in accordance with regulations.
  7. Server Log-Files
    1. During every visit of our website information about IP address, referring URL, date/time, browser version and operating system, amount and state of transferred data is stored in the web server log files.
    2. We use the log data without any other personal or pseudonymous profiling as required by law only for the purpose of the operation, security and optimization of our service.
  8. Incorporation of third party services and content
    1. Third party content, such as videos from YouTube, map material from Google Maps, RSS feeds and graphics from other services, for example, can be incorporated on Athletbook.
    2. This always presupposes that the provider of this content (hereafter referred to as the “third party provider”) always uses the user’s IP address. This is because without the IP address, they cannot send the content to the respective user’s browser. The IP address is thus required for displaying this content.
    3. We endeavor only to use content of which the respective provider uses the IP address only for distributing the content. However, we have no influence on whether the third party provider saves the IP address for other purposes, such as statistical purposes, for example. If we are aware of this, we will clarify this in the following paragraphs.
  9. Cookies
    1. A cookie is a small piece of data sent from a website and stored in a user's web browser while a user is browsing the website. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user's previous activity. We use Cookies in order to improve the usability of our services as well as for analyzing and personalizing purposes.
    2. Most browsers automatically accept cookies, but you can usually refuse cookies or selectively accept certain cookies by adjusting the preferences in your browser. If you turn off cookies, there may some features of our site that will not be available to you and some web pages may not display properly.
    3. Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
    4. You may opt-out from many ad-serving cookies by using the services provided by http://www.aboutads.info/choices/ or http://www.youronlinechoices.com/uk/your-ad-choices/ for users form the European Union.
  10. Google Analytics
    1. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help us analyze how users use the website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .
    2. In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.
    3. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
    4. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.
    5. As an alternative to the browser Addon or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this website domain in the future. An opt-out cookie will be stored on your device, which means that you'll have to click this link again, if you delete your cookies.
  11. Use of Facebook Social Plugins
    1. Our website uses Social Plugins (“Plugins”) provided by the social network facebook.com, operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA (“Facebook”). The Plugins are identifiable by a Facebook logo (white letter f on blue background or a thumb up icon) or the notice “Facebook Social Plugin”. For a full list of all Social Plugins please see https://developers.facebook.com/docs/plugins/.
    2. When you visit a page of our website that contains a social Plugin, your browser establishes a direct connection to Facebook servers. Facebook directly transfers the Plugin content to your browser which embeds the latter into the website, enabling Facebook to receive information about your having accessed the respective page of our website. Thus we have no influence on the data gathered by the Plugin and inform you according to our state of knowledge:
    3. The embedded Plugins provide Facebook with the information that you have accessed the corresponding page of our website. If you are logged into Facebook, your visit can be assigned to your Facebook account. If you interact with the Plugins, for example by clicking “Like”, or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it. Even if you are not logged into Facebook, there is possibility that the Plugins transmits your IP-address to Facebook.
    4. For the information on the purpose and scope of data collection and procession by Facebook, as well as your rights in this respect and settings options for protecting your privacy please visit Facebook's privacy policy: https://www.facebook.com/about/privacy/.
    5. If you are a Facebook member and do not want Facebook to connect the data concerning your visit to our website with your member data already stored by Facebook, please log off from Facebook and delete all Facebook related cookies in your browser before entering our website.
  12. Use of Google's +1 Button
    1. This website uses the “+1″-Button provided by the social network Google+, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”). The button is identifiable by a Google "g" logo with a "+1". When a user visits a page of this website that contains a +1 Button, his browser establishes a direct connection to Google servers. Google directly transfers the +1 Button's content to user's browser which embeds the latter into the website, enabling Google to receive information about the user having accessed the respective page of this website. Thus the Service Provider has no influence on the data gathered by Google and informs users according to its state of knowledge: In accordance to Google the +1 Button doesn't collect any personally identifiable data on users unless they are members of the Google+ Network. If you are a Google+ member and do not want Google to connect the data concerning your visit to our website with your member data already stored by Google, please log off from Google+ and delete all Google related cookies in your browser before entering our website.
    2. For the information on the purpose and scope of data collection and procession by Google, as well as user's rights in this respect and settings options for protecting user's privacy please visit Google's privacy policy: http://www.google.de/intl/en/policies/privacy.
  13. Use of Twitter Buttons
    1. This website uses Twitter-Buttons (e.g. "Twitter this", "Twitter", "Follow @twitter") provided by the service Twitter, operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. When a user visits a page of this website that contains a Twitter-Button, his browser establishes a direct connection to Twitter servers. Twitter directly transfers the Twitter-Button's content to user's browser which embeds the latter into the website, enabling Twitter to receive information about the user having accessed the respective page of this website. Thus the Service Provider have no influence on the data gathered by Twitter and informs users according to its state of knowledge: In accordance to Twitter, its buttons doesn't collect any personally identifiable data on users. If you are a Twitter member and do not want Twitter to connect the data concerning your visit to our website with your member data already stored by Twitter, please log off from Twitter and delete all Twitter related cookies in your browser before entering our website.
    2. For the information on the purpose and scope of data collection and procession by Twitter, as well as user's rights in this respect and settings options for protecting user's privacy please visit Twitter's privacy policy: http://twitter.com/privacy.
  14. Service and Notices
    1. In compliance with legal requirements we will at any time provide you with information on your personally identifiable data stored by us, free of charge and without undue delay.
    2. Furthermore, you are free to revoke the approvals granted by confirming this Privacy Policy, at any time and with future effect. If you wish to do so, please feel free to contact us. Contact information is provided in Number 1 in this Privacy Policy.
  15. Amendments of this Privacy Policy
    1. We reserve the right to modify or amend this Privacy Policy with view to the provision of new services, if and to the extent necessary. The same applies if the current Privacy Policy is found to contain any gaps.
    2. Please check back periodically, and especially before you provide any new personally identifiable information.