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 (haftungsbeschr√§nkt), Rh√∂nstr. 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.