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TERMS OF USE FOR SERVICES

Terms of Use for Services Subject to Registration

for the use of services without charge exclusively available for registered users ('Users') (in particular the official Bundesliga Fantasy Manager, the Bundesliga Newsletter and newsletters with product information and other information from partners and licensees of the DFL as well as certain editorial content) on the web presence of DFL Deutsche Fußball Liga GmbH ('the DFL') at www.bundesliga.de and www.bundesliga.com (hereinafter collectively: the 'Website') as well as the Bundesliga Official App and the official Bundesliga Fantasy Manager app ('Website' and both apps hereinafter collectively: the 'Products').

1. General

These Terms of Use for Services Subject to Registration ('Terms of Use') apply as a supplement to the respective Privacy Statement ('Privacy Statement') and respective Legal Notices ('Legal Notices') of the Website and the apps. In the event of contradictions, the following primacy of application applies:

  1. Terms of Use
  2. Privacy Statement
  3. Legal Notices

The User declares that the User has understood these Terms of Use, the Privacy Statement and the Legal Notices about the respective Product, as well as the information and Services contained therein and that the User agrees with these Terms of Use and Legal Notices. If the User does not acknowledge this, the User is not permitted to use the Services. The User commits to comply with the applicable laws and other legal provisions within the scope of the provision and use of the Services.

2. Access and registration, minimum age

2.1 Regarding the access, the registration and the minimum age for the use of the Services the following applies unless otherwise specified in Clause 7 which applies primarily for the official Bundesliga Fantasy Manager.

Access to and use of the Services is available to everyone who has reached the age of 14, who is able to use the Services responsibly, i.e. able to understand and accept these Terms of Use, as well as to avoid improper conduct. Minors give their assurance upon registration that access is obtained in consultation and with the agreement of their legal guardians.

In order to use the Services, the User must register for the respective Service. This occurs by way of registration on the respective Product using the entry screen provided for the use of the specific Service and submitting the respective mandatory data as well as any other voluntary data. After registration for the Services, the DFL will initially send a confirmation request to the email address entered by the User, which the User, at his/her discretion, can confirm to complete the registration (known as 'double opt-in').

The User can use his/her login credentials to log in to all Products and use the Services accessible in each case upon completion of the registration.

2.2 There is no legal claim of the User for conclusion and performance of the contract regarding the Services; in particular, the DFL reserves the right to temporarily or permanently shut down Services or to extend the scope of the Services at any time without stating reasons and without advance notice. The DFL can reject the registration of the User or exclude a User from use at any time.

In the case of an already completed registration and an already concluded contract, however, this applies only if there is an objective reason, especially, for example, if

  • there are justified doubts about the accuracy or completeness of the user data or the authorization of the active User and the User has not eliminated the doubts upon inquiry by the DFL at his/her own expense without undue delay by submitting appropriate proof;
  • there is sufficient suspicion that the User improperly uses the Services (e.g. secure an illegal advantage over other Users through instances of manipulation) or intends to do so or violates the provisions of these Terms of Use; and/or
  • there is a statutory exclusion criterion.

2.3 Upon registration, the User guarantees that all necessary information is accurate and current. In the case of changes, the User is required to update his/her data without undue delay. Registration is permitted only for oneself. Registration for third parties is not permitted.

2.4 The User can withdraw his/her issued consent(s) at any time (e.g. by changing his/her account settings or clicking the unsubscribe link in any newsletter).

3. Use of the Services without charge, offerings by third parties

3.1 The use of the Services is possible without charge.

3.2 As part of the Services, advertising or other contributions of third parties may be presented to the User. The DFL reserves the right to formally examine this content prior to publication on the respective Product without having an obligation towards the User to do so.

4. Provisions on security and duties of care for the User

4.1 The servers used by the DFL correspond to the state of the art and are secured appropriately with firewalls. However, the User is aware that there is a risk that third parties might be able to access transmitted data under certain circumstances. The confidentiality of the data transmitted in the course of using the Services cannot, therefore, be guaranteed.

The data stored on the servers used by the DFL is saved on a back-up system which corresponds to the state of the art. However, the User must save his/her own data that is relevant for him/her in an appropriate manner. It is the responsibility of the User to examine his/her own data security.

4.2 Only the User is permitted to use his/her personal access data and password. The User is obliged to keep his/her personal access data and password secure and to prevent any unauthorized access by third parties. The User is responsible for the confidentiality of his/her personal access data and password.

In particular, the User is obliged to

  • refrain from measures which endanger or disrupt the Services and/or the Products as well as their respective integrity. The User is required to make sure that the data transmitted by the User is not contaminated with viruses, worms or Trojans; and
  • install and maintain the necessary precautions for data security during the entire term of the contract. This applies especially for the careful and conscientious handling of the User's personal access data and password; and
  • notify the DFL immediately about any technical changes occurring in the area of the User if the changes have the capacity to influence or adversely affect the Services and the security of the Services and/or the Products; and
  • cooperate in the resolution of attacks on the Services and/or the Products by third parties.

4.3 The User will inform the DFL immediately in case of suspicion of improper use by a third party. As soon as the DFL learns about unauthorized use, the DFL will block the access for the unauthorized third party. The DFL reserves the right to modify personal access data and the password of a User; in such a situation, the DFL will inform the User about this without undue delay.

5. Other duties of the User

5.1 The User is responsible at his/her own expense for establishing access to the internet as well as for the required technical infrastructure. The User bears the risk of loss of his/her data during transmission. The User is solely responsible for the devices used by the User (hardware and software) and their suitability for the transmission of data.

5.2 The User must make all efforts at his/her expense to enable the DFL to smoothly render the Services, and the User must refrain from anything that could make it more difficult or impossible for the DFL to render the Services.

5.3 The User is generally prohibited from capturing and extracting user data in order to send spam emails, using this data for phishing or for other misuse of data.

6. Rights to content in the Services

All rights are reserved. The intellectual property contained in the Services is protected.

7. Special terms and conditions for the official Bundesliga Fantasy Manager

7.1 Authorization to participate and win

7.1.1 Participation is free of charge.

7.1.2 Participation is possible via the offered opportunities which are provided on the Website or in the official Bundesliga Fantasy Manager app. The User alone is responsible for accessing the DFL in a punctual manner as well as for the accuracy of his/her entries.

7.1.3 All individuals who have reached the age of 16 are entitled to participate. Minors who have not reached the age of 16 are excluded from participation. The DFL reserves the right to only grant prizes to minors who have reached at least the age of 16 upon the approval of their legal guardians. This applies in particular if a prize causes follow-up costs.

7.1.4 Objective reasons pursuant to Clause 2 (e.g. the submission of false personal data, instances of manipulation) authorize the DFL to exclude a User from participation in the official Bundesliga Fantasy Manager. Multiple participations as well as automatic computer-generated submissions are not permitted and will be ignored.

7.1.5 Employees of the DFL and companies affiliated with the DFL within the meaning of Sec. 15 et seq. German Stock Corporations Act (Aktiengesetz, 'AktG') and DFL Foundation, employees of licensees, partners and sponsors, as well as the respective relatives of these employees are excluded from participation.

7.1.6 The DFL will not grant any prizes to persons who are excluded from participation. The DFL can demand the return of any prizes that have already been granted to such persons.

7.2 Prizes, game process and game design, entry deadline, time frame

7.2.1 The prizes, game process and game design, entry deadline and time frame for the official Bundesliga Fantasy Manager can be found in detail on the Website and in the official Bundesliga Fantasy Manager app.

7.2.2 Unless otherwise specified, it is not possible to win more than one prize. A claim for a prize is not transferable. Unless otherwise specified, cash disbursements or payments in kind are excluded.

7.2.3 There shall be no claim that the prize that is shown and the prize that is distributed be identical. The DFL reserves the right to replace the prize by an equivalent or a superior prize.

7.2.4 Any entries received after the respective close for participation or outside the time frame will not be considered.

7.3 Prize notification, publication

7.3.1 The ranking lists of the official Bundesliga Fantasy Manager are available on the Website and in the official Bundesliga Fantasy Manager app.

7.3.2 The User agrees that in a case of winning, his/her first name and the first letter of his/her surname as well as his/her country will be published in the official telecommunications media and social media of the DFL.

7.3.3 The respective winner will be notified by email and must contact the DFL within four weeks after the notification has been sent. If the respective winner does not contact the DFL within four weeks after the notification has been sent, the entitlement to the prize will expire in the discretion of the DFL.

7.3.4 The entitlement to the prize is lost if the prize cannot be distributed to the respective winner within six months due to reasons which are solely related to the winner or in the winner's area of responsibility. If specified in these Terms of Use, on the Website and/or in the official Bundesliga Fantasy Manager app, a shorter or longer period of time may apply to specific prizes (e.g. tickets for matches of the Bundesliga or Bundesliga 2 including travel to/from the matches).

7.3.5 Material prizes will be delivered free of charge by a third-party company. The DFL is entitled to share the contact data of the respective winner for this purpose. Further costs, in particular if a delivery to the address provided by the respective winner is not possible, will not be covered by the DFL.

7.3.6 If a prize are tickets for a match of the Bundesliga or Bundesliga 2, there is no clam for the visit of a certain match and a certain match date unless the match and the date are expressly mentioned in the description of the prize on the Website and in the official Bundesliga Fantasy Manager app. However, there is no legal claim. Nevertheless this does not grant a legally enforceable right to attend the match selected by the winner. The DFL will give its best efforts to realize the visit of the respective winner's chosen match. The final choice of the match to be visited is based on ticket allotment available to the DFL. A claim for such a prize will also be lost if the prize cannot be redeemed until the end of the following season due to reasons which are solely related to the winner or in the winner's area of responsibility.

The respective winner alone is responsible for having any necessary travel documents (e.g. passport, visa etc.). The respective winner is obliged to bear any travel expenses which are not expressly mentioned in the prize description (e.g. transfer costs, pocket money, additional meal expenses, minibar, telephone, insurances, taxes).

7.3.7 The respective winner must bear any follow-up costs resulting from a prize.

7.4 Other provisions

Legal recourse is excluded.

8. Termination

The User will have the possibility to terminate the Services for which he/she has registered in his/her account. In the case of the subscription to the Bundesliga Newsletter, the User also has the possibility to terminate this newsletter using an unsubscribe link in every newsletter.

9. Reservation for changes

The DFL reserves the right to update and modify these Terms of Use at any time and without stating reasons. Amendments will be announced on the Website in a timely manner at least 14 days prior to when the modified provisions take effect so that the User can decide in a timely manner about continuing to use the Services. This right to update and modify does not apply to the official Bundesliga Fantasy Manager insofar as it is aready running before the modifications and made.

10. Liability for Services which are free of charge

Regarding the DFL's liability for Services which are free of charge – regardless of the legal basis – the following applies:

The DFL assumes no liability for the accuracy, completeness, timeliness or other quality of the provided content, for defects in substance and/or defects in title or for damages, regardless of the type. This exclusion of liability does not apply for intentional or grossly negligent misconduct.

To the extent that the liability of the DFL is excluded or restricted, this also applies for the personal liability of its employees, representatives and agents.

11. Data privacy

The provisions of the Privacy Statement which can be reviewed at the following link apply.

12. Dispute resolutions

The European Commission provides a platform for online dispute resolutions accessible at https://ec.europa.eu/consumers/odr/.  The DFL is not willing and not obligated to participate in dispute resolution procedures of consumer dispute resolution bodies.

13. Place of performance

The place of performance is at the registered office of the DFL unless otherwise specified on the Website or in the official Bundesliga Fantasy Manager app for the prizes of the official Bundesliga Fantasy Manager app.

14. Final provisions

14.1 The law of the Federal Republic of Germany applies, and all legal standards which refer to other legal systems are excluded. The application of German rules of conflict as well as the UN Convention on the International Sale of Goods is expressly excluded.

14.2 The User cannot transfer individual rights under this Agreement or the entire Agreement to third parties unless the DFL expressly grants its written consent.

14.3 The failure to exercise a contractual right does not constitute a waiver of the relevant right unless the other contract partner has been expressly notified of this in writing by the holder of the right.

14.4 Oral side agreements are invalid. Deviating or supplementing terms or conditions as well as any amendments to this contract, including this clause on written form, apply only if they have been agreed in writing and are expressly designated as an amendment or supplement.

14.5 The invalidity of one or more provisions in these Terms of Use does not affect the validity of the remaining provisions.