1. SCOPE OF APPLICATION
2. USE OF SERVICES
2.1 A prerequisite for the use of the Services is that the User has a device which complies with the current state of the art and which complies with the relevant specifications stated as minimum requirement in the respective app store. Moreover, the use of the Services requires an internet connection of the User that provides a sufficient data transmission rate as well as sufficient disk space on the User's device, for example to download and watch videos.
2.2 Unless this is unreasonable for the Users, BVB reserves the right to adjust the Services to the market conditions and to improve, expand, change and delete Services in whole or in part on an ongoing basis.
2.3 The User must keep the device which is used to access the Services up to date.
Most functions of the App require a prior registration of the User, which will be effectuated on platform me.fan provided by Liquiditeam GmbH, Willy-Brandt-Platz 16-20, 38102 Braunschweig, Deutschland. The registration is free of charge. The User undertakes only to provide true and up to date data during registration. After completing the registration, liquiditeam creates an account for the User which the User can access with his/her access data.
4. SCOPE OF SERVICES
4.1 The App provides its Users with various fan engagement activities relating to a specific sports club ("Club"). Those activities include, but are not limited to, news, videos, pools, discussion boards, shops.
4.2 The User can use a blockchain-based token within the App for certain activities ("Club Token"). The Club Token is not tradeable and may only be transferred between a User and BVB and vice versa, unless BVB has publicly announced, with legally binding effect, that the Club Tokens shall be transferrable also to third parties.
4.3 BVB provides custody services to the Users, which means that we store the Club Tokens (i.e. the private key necessary to dispose of the Club Token) on behalf of the Users. The Users do not have a right to receive the private key, unless BVB has publicly announced, with legally binding effect, that the Club Tokens shall be transferrable also to third parties (see section 4.2). In this case, the Users are entitled to receive the private key.
5. PROVISION OF THE APP; WARRANTY; LIABILITY; MAINTENANCE AND SERVICE
5.1 The Services are provided free of charge, unless it is expressly mentioned in the App that a Service in the individual case is only provided against payment of a fee.
5.2 The User's right to use the Services is limited to the term of this agreement and is revocable, non-exclusive, not sub-licensable and not transferable.
5.3 In case of defects in the Services, BVB is entitled to provide an updated version of the App in the respective app store and User is obliged to install such updated version on his device. In case of minor defects, the warranty is excluded.
5.4 In any case of simple negligence each party is liable for the breach of a contractual obligation which gives distinction to the agreement and on which the other party may rely on (essential obligation) and limited to the typical and foreseeable damage only; this exception does not apply to culpable damage to life, body or health nor in cases of mandatory liability including without limitation liability resulting from the German Product Liability Act or the EU General Data Protection Regulation. In addition, strict liability for defects that already existed at the time of conclusion of the agreement is excluded. Liability for indirect damages, including loss of profit, is excluded.
5.5 Regardless of section 5.4, the following applies to Services which are provided by BVB free of charge:
5.5.1. BVB does not give any warranty of any kind.
5.5.2. BVB'sliability is limited to intent and gross negligence. Strict liability for defects that already existed at the time of conclusion of the agreement is excluded.
5.5.3. In case the App is expressly provided for testing and/or evaluation purposes only, the User acknowledges that the App might not function as expected.
5.6 User acknowledges that all further developments provided by BVB solely belong to BVB, even if they go back to feature requests or bug reports of Users.
5.7 User acknowledges that User is solely responsible for its use of the Services, for example for User-Generated Content (as defined below).
5.8 BVB will facilitate the use of the App within the framework of the current state of the art and strives to provide maximum possible availability. BVB reserves the right to restrict access to the App or the possibility of its use temporarily in whole or in part if this is necessary due to capacity limits or the security or integrity of the servers or to carry out technical measures serving the purpose of providing the Services properly or with improvements (e.g. for maintenance work). If reasonably possible, [•] shall conduct maintenance work in the App during after 8.p.m. and before 8 a.m.
5.9 BVB has no obligation to provide updates or upgrades for the App or to adapt the App in any other way to possible changes to hardware and/or software (in particular, operating systems).
6. DUTIES AND LIABILITY OF THE USERS
6.1 It is prohibited to misuse the Services.
6.2 The User is obliged
6.2.1. to keep his/her access data to the App confidential, not to communicate or disclose his/her access data such data to third parties (including without limitation other individuals within his/her organization, company or legal entity) and to protect its access data against intentional or accidental notice by third parties. No third party must be enabled to use the access data.
6.2.2. to inform BVB immediately if she/he has reason to assume that third parties have become aware of his/her access data or has indications of any form of unauthorized use of his/her access data, and the User shall be liable for any unauthorized use of his/her access data by third parties unless the User can prove that such unauthorized use was not caused by actual fault of the User,
6.2.3. not to provide access to the Services to third parties, and for the avoidance of doubt, BVB shall not be liable for any damages for such use of the Services by third parties,
6.2.4. not to take measures which aim to circumvent technical protection measures in the App,
6.2.5. to refrain from any form of unauthorized use of the Services, including but not limited to attempts made to overcome or circumvent the security mechanisms of the App or to otherwise incapacitate them, using computer programs enabling automatic data readouts, as well as using and/or circulating viruses, worms, trojans, brute force attacks, spam or using other links, programs or procedures that are suited to damage BVB, the App and/or other Users,
6.2.6. to take all necessary and reasonable steps to prevent or limit damage caused by the use of the Services,
6.2.7. and to arrange for the regular backup outside the App of his/her own data.
6.3 When uploading User-Generated Content (as defined below) to the App, for example in discussion boards, the User shall comply with the following principles. The User-Generated Content (as defined below) and the activities of the User in the App must at all times
6.3.1. comply with applicable laws in Germany and the country where the User is located,
6.3.2. not be defamatory, threatening, intimidating, not be classed as harassment, racist, vulgar, obscene, profane, immoral, abusing, slandering, insulting or sexist, not contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature),
6.3.3. not contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
6.3.4. not contain material which infringes third-party rights (including, but not limited to, copyright, right of publicity, patent, trademark, service mark, trade name, trade secret or other intellectual property rights);
6.3.5. not advocate or encourage violence against any government, organization, group, individual or property and not provide instruction, information, or assistance in causing or carrying out such violence, regardless of whether such activity is unlawful,
6.3.6. not include personal data of other Users in User-Generated Content (as defined below) (e.g., the real name, an e-mail address or a phone number), other than pseudonyms,
6.3.7. not include bulk or commercial message, include but not limited to marketing or advertising activities for products or services other than those by BVB or the Club,
6.3.8. be respectful and polite, respect opinions of others,
6.3.9. not be related to gambling activities;
6.3.10. not be activities that violate the privacy of person,
6.3.11. not be otherwise unlawful or inappropriate.
6.4 User will without undue delay inform BVB once she/he gets aware of any User-Generated Content (as defined below) or activities of the User in the App which breach section 6.3.
6.5 Music, video, pictures, text and other content on the internet are copyright works and the User may not a) upload, alter or otherwise use such content, for example as User-Generated Content (as defined below), unless certain that the owner of such content has authorized its use by the respective User; b) delete or alter author attributions, copyright notices, or trademark notices, unless expressly permitted in writing by the owner.
6.6 User is aware that any User-Generated Content (as defined below) is made public within the App.
6.7 Any breach of this section results in immediate exclusion from use and in the institution of civil and criminal proceedings.
7. GRANT OF RIGHTS
7.1 Where the User provides within the App content including, but not limited to, texts, images or videos ("User-Generated Content"), the User grants at the moment of such provision of the User-Generated Content to BVB – and BVB accepts this grant – free of charge the non-exclusive, transferable and sub-licensable right unlimited in terms of time, territory and content to exploit such User-Generated Content for the purposes of the functionalities provided for in the App, including, but not limited to, making User-Generated Content accessible to other Users in the App and the public and to save, reproduce and process it, if necessary.
7.2 The User confirms and ensures that she/he is entitled to grant BVB the above-mentioned rights and that the User-Generated Content does not violate third-party rights, statutory regulations or accepted principles of morality (e.g., by way of its content, its visual layout or the intended purpose).
In the case of infringement of third-party rights for which the User is responsible, in particular in case of User-Generated Content, the User will be directly liable towards these third parties. In the event of justified claims of third parties against BVB due to such an infringement, the User has the obligation to indemnify BVB in full unless the User proves that he/she is not responsible for the breach of duty that has caused the damage or loss.
If not otherwise agreed, for example in the respective app store, the agreement is concluded for an undefined period of time and may be terminated by either party without notice period at any time in text form or by deactivating the Services.
11. DATA PROTECTION
12. FINAL PROVISIONS
12.1 BVB may make use of third parties, in particular companies affiliated with it, for the purpose of performing the agreement and exercising its rights. BVB has the right to transfer its rights and duties under this agreement as a whole to affiliated companies or the Club.
12.6 The European Commission has launched a European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. BVB does not participate in dispute resolution procedures with a consumer dispute resolution service.