Misc

GENERAL TERMS OF USE FOR DFB APPS AND PORTALS

1. Scope of application

1.1 These Terms of Use apply to all services provided by the DFB in connection with its portals and apps.

1.2 Special terms of use for individual portals or apps shall take precedence over or supplement the provisions in these Terms of Use.

1.3 These Terms of Use do not apply to the relationship between users and a different platform operator if the app in question was distributed via that platform (e.g. app store). However, they do apply in addition to the respective provisions of the respective platform operator.

2. Registration and login

2.1 Some DFB apps can be used without registration. The use relationship between users and the DFB is established by the former downloading the app and accepting the Terms of Use.

2.2 Registration is required to use some apps and portals. In this case, the use relationship between users and the DFB is established by the former properly completing the registration process and accepting these Terms of Use. Properly completing the registration process includes, in particular, truthfully providing all required data. The DFB reserves the right to check the data prior to activation and to activate them separately. Following the data check carried out by the DFB, users will receive a confirmation e-mail. The free-of-charge use becomes effective through the activation of the account by the DFB.

2.3 The access code and password must be treated confidentially, protected from access by, and not passed on to, any unauthorised third parties.

2.4 Registration is possible from the age of 13 with the consent of a legal representative; users aged 16 and older do not need such consent. Minors under the age of 16 will be asked to provide the e-mail address of a legal representative during the registration process.

3. Description of services

3.1 In general, the DFB makes the apps and portals available to users on a free-of-charge basis. The DFB reserves the right to impose restrictions and/or conditions and/or to discontinue the service without giving reasons or previously notifying users. In principle, there is no legal claim to using, activating or participating in the apps and portals of the DFB.

3.2 No claims may be asserted against the DFB for availability of the service. The DFB will use its best endeavours to offer the services with as few interruptions as possible. However, even with all due care, impairments of the service cannot be completely ruled out as maintenance work and/or further development of the services may restrict and/or temporarily interrupt utilisation options. As a result, the loss of users' entries cannot be ruled out in individual cases.

3.3 Operating the portals and apps requires the use of commonly used and up-to-date technologies to run the website, web app or mobile app. The functionalities of the app can only be used to their full extent as long as usersuse these technologies and enable their use through the app. The use of older technologies or technologies that are not in general use may prevent the use of the app or only enable limited use.

3.4 The DFB reserves the right to change, supplement, remove or discontinue the information and services provided in its portals and apps at any time and without prior notice.

3.5 The DFB assumes no liability for the accuracy and completeness of the content on the individual portals or in the apps. The DFB does not check any content posted in advance, but only after it has been made aware of inconsistencies or legal violations.

3.6 The DFB reserves the right to log the use of the portals and apps in order to verify compliance with the provisions of this agreement and to rectify any errors.

4. Obligations of the user

4.1 Users warrant that all information provided to the DFB during registration is complete and truthful. Users undertake to notify the DFB immediately of any changes. Users are granted the rights to use the apps and portals as well as the free functions.

4.2 Users acknowledge that, as the owner of an account, they are fully responsible for all activities carried out through it by them or unauthorised third parties.

4.3 At all times when using the portals or apps, users are obliged to comply with the Terms of Use, in particular the netiquette (see section 5 of this user agreement below).

4.4 In some apps or portals it is possible to upload images and other content. Users assure the DFB that they have the necessary rights to the content they upload to the portal or app. They grant the DFB the non-exclusive, irrevocable, transferable, and sub-licensable right, unlimited in time, space, and content, to use the uploaded content in full or in part. The right to use the posted content also extends to its publication on other portals of the DFB and the member associations and clubs of the DFB.

4.5 As a user, you undertake to check your content, contributions, and topics before publishing them for any content or information that you do not wish to publish. Your content, contributions, and topics may be recorded in search engines and thus be accessible worldwide. No claims may be asserted against the DFB for deletion or correction of such search engine entries.

4.6 Users shall indemnify the DFB against all third-party claims based on the use, with or without their approval, of the information, services and data provided or claims that arise in particular from data protection, copyright, art copyright or other legal disputes associated with the use of the portal or the app. If users become aware of actual or suspected cases of unauthorised use of the account or any other violation of the terms and conditions formulated herein, they shall inform the DFB immediately.

5. Netiquette

The DFB portals and apps are conceived as information and/or networking services. A friendly and respectful atmosphere should prevail. The DFB's portals and apps must not be misused. Abusive content may be deleted. In particular, the following activities will not be tolerated:

- knowingly and wilfully entering false data;

- entering data contrary to or not meeting the purpose of the portal or the app (this includes, in particular, content that is not related to the sport of football);

- interfering with the portals and apps in a way that users are not authorised to; this also includes automated procedures for accessing data, such as data crawling and data scraping, as well as the use of mechanisms, software or scripts for this purpose;

- attempting to circumvent or breach security measures, for example by scanning or testing user account passwords;

- violating regional, national or international law;

- insulting, harassing, threatening or causing financial, physical or psychological harm, abuse or threat to another user or any other natural or legal person or entity via the portals or apps;

- posting illegal or immoral content or content that contravenes the DFB Code of Ethics. This includes discrimination, harassment or insults, whether based on gender, ethnic origin, skin colour, religion, age, disability or sexual orientation, content that serves to stir up hatred, incites criminal offences or glorifies or trivialises violence, is sexually offensive or pornographic or is otherwise likely to inflict harm on children or young people or impair their well-being or damage the reputation of the DFB and its member associations;

- posting legally protected content (in particular copyright, trademark, personal rights) without being in possession of the rights required;

- sending unsolicited advertising material of any kind to other users or posting such material on the portals or apps, with the exception of elements of the service intended exclusively for these purposes and expressly labelled as such.

6. Measures in the event of violations, abuse regulation

6.1 The DFB may, at its discretion, penalise repeated or serious violations of these Terms of Use by temporarily or permanently blocking the user account. The DFB also reserves the right to terminate the user relationship with the user and delete the account.

6.2 If the account has been unjustly blocked by the DFB, the users affected may lodge a complaint within one month. The account will not be unblocked after this period.

6.2 Breaches of these Terms of Use may also give rise to claims for damages or entail consequences under criminal law.

7. Rights of use

7.1 The DFB portals and apps may contain content that is protected by copyright and/or trademark law. Users are not granted any rights of use to the protected content. However, it is permitted to integrate the widgets provided into a private, non-commercial website, provided that the corresponding source code is not edited outside the places and methods described in the documentation. Use of the portals and apps or their content for commercial purposes will only be permitted if the DFB has expressly consented to such use.

7.2 Users who use an app and have agreed to these Terms of Use are granted an indefinite, revocable, simple, non-transferable right to use the app for the purposes pursued by the app. Users are not granted any exploitation rights. They may make copies of the app as part of data backups. No further rights to the app are granted.

8. Users' liability

8.1 Users shall be liable for all breaches of these Terms of Use and the contractual obligations assumed therein, for breaches of statutory provisions and for any resulting claims, insofar as they are found to be responsible for such breaches.

8.2 In particular, users shall be liable for any damage caused by unauthorised use of the service by a third party with their access code/password.

8.3 Users undertake to indemnify the DFB against any claims by third parties arising from violations of these Terms of Use by the users concerned.

9. Liability of the DFB

9.1 As the services are provided free of charge, liability for material defects and defects of title is excluded except in cases of wilful or fraudulent intent. In any case, the statutory provisions shall apply.

9.2 The offers may contain hyperlinks to third-party websites. The DFB accepts no responsibility for the content of these websites, nor does the DFB adopt these websites and their content as its own.

9.3 The DFB shall be liable without limitation in the event of wilful intent or gross negligence for all damage caused by it and its legal representatives or vicarious agents. In the event of slight negligence, the DFB shall also be liable without limitation in the event of injury to life, limb, or health. Otherwise, the DFB shall only be liable if it has breached a material contractual obligation (cardinal obligation) to which the user would have been entitled. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.

10. Data protection, confidentiality

As part of the contractual relationship, users' personal data are processed in order to ensure fulfilment and implementation. Detailed information on data processing can be found in the data protection declaration www.dfb.de/datzenschutzerklaerung.

11. Duration, termination of the user relationship

11.1 Users may terminate the user relationship at any time without giving reasons. Cancellation is effected by deleting the account in the respective settings or, if this function is not available, by notification in text form. Once the account has been deleted, data cannot usually be restored. Account deletions will not affect user content; however, such content will be automatically anonymised.

11.2 The DFB may terminate the user relationship at any time with a notice period of two weeks. The users concerned will be informed of this in a reasonable manner (e.g. by e-mail or push message).

11.3 The right to terminate without notice for good cause remains unaffected. This applies in particular in the event that users violate the Terms of Use for the portal or the app and/or other obligations incumbent upon them significantly and/or persistently and/or repeatedly. The DFB reserves the right, in the event it terminates the user relationship, to inform the DFB-affiliated club or association of which the users concerned are members of the account blocking and/or termination and the underlying reasons.

11.4 The DFB reserves the right to delete inactive profiles and the associated data after one year.

12. Amendment of the Terms of Use

12.1 The DFB reserves the right to amend these Terms of Use, provided that such amendments are reasonable for users, taking into account the interests of the DFB.

12.2 The DFB will announce amendments to these Terms of Use at least two weeks before they come into force in a manner that is reasonable for users (e.g. by e-mail or push message). The amendments in question can be viewed at www.dfb.de and via the respective portal or app.

12.3 Users who do not agree to the amendments to the Terms of Use have the right to terminate this agreement at any time with immediate effect. The amendment to the Terms of Use for the use of the portal or app shall be deemed to have been approved if users continue to use the service after two weeks. The DFB will point this out when announcing the change.

13. final provisions

13.1 The DFB is authorised to transfer the rights and obligations arising from this agreement to third parties. The DFB shall inform users thereof in a reasonable manner (e.g. by e-mail or push message).

13.2 German law shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods.

13.3 Should individual provisions of this agreement be or become invalid, the respective provision shall be replaced by a valid version that most closely fulfils the intended purpose. The validity of this contractual agreement as a whole remains unaffected by this.

13.4 The European Commission's online dispute resolution platform is available at: http://ec.europa.eu/consumers/odr. The DFB is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.