1. Scope of application
1.1. These "Terms of Use" of Fourteen Holding GmbH, Schwarzseestraße 14, A-6370 Kitzbühel (hereinafter "Fourteen Holding") apply to the FanID Single Sign-on Service, available online under www.me.fan (hereinafter the "Website"), and to all services related to the Website (the Website and the services related to the Website are hereinafter jointly referred to as "Services")
1.2. Any terms and conditions of the User that deviate from or supplement these Terms of Use shall not apply.
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 which may be stated as minimum requirement on the Website. Moreover, the use of the Services requires an internet connection of the User.
2.2. Unless this is unreasonable for the Users, Fourteen Holding 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.
3. Registration
Most functions of the Website require a prior registration of the User. The registration is free of charge. The User undertakes only to provide true and up to date data during registration. After completing the registration, Fourteen Holding creates an account for the User which the User can access with his/her access data.
4. Scope of services
4.1. The Website provides its Users with the possibility to connect to and interact with various fan engagement projects ("Projects") provided by sports clubs ("Club"). Projects run on a separate website and/or app (together the "Project App") provided by their respective operator ("Project Provider", e.g., the respective Club). Details on the Projects, the Project App and the Project Provider can be found in the details section of the different Projects.
4.2. Some Projects might enable the User to use a blockchain-based token within the Project App for certain activities ("Club Token"). Such Club Token is subject to the purchase terms made available in the respective Project App ("Token Purchase Terms"). The Token Purchase Terms also describe some scenarios in which the Club Tokens may be used. The Club Token is not tradeable and may only be transferred between a User and the respective Project Provider and vice versa, unless otherwise agreed in the Token Purchase Terms or unless the Project Provider has publicly announced, with legally binding effect, that the Club Tokens shall be transferrable also to third parties.
4.3. Fourteen Holding has in place the technical infrastructure to enable the Project Provider to provide storage services to the Users, which means that we may store the Club Tokens (i.e. the private key necessary to dispose of the Club Token) held by the Users on behalf of the Project Provider. Since Fourteen Holding only provides the technical infrastructure, only the Project Provider is responsible for the storage services vis-à-vis the User.
4.4. User acknowledges that the user account on the Website is necessary to access Projects. Any termination of this agreement leads to User losing its access to the Projects.
5. Provision of the Website; Warranty; Liability; maintenance and service
5.1. The Services are provided free of charge, unless it is expressly mentioned on the Website 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, Fourteen Holding is entitled to provide an update of the Website. 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 Fourteen Holding free of charge:
5.5.1. Fourteen Holding does not give any warranty of any kind.
5.5.2. Fourteen Holding's liability 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 Website is expressly provided for testing and/or evaluation purposes only, the User acknowledges that the Website might not function as expected.
5.6. User acknowledges that all further developments provided by Fourteen Holding solely belong to Fourteen Holding, 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 and Projects, for example for User-Generated Content (as defined below). User furthermore acknowledges that the Projects are out of Fourteen Holding's sphere of influence and any use of the Projects is solely subject to terms agreed between the User and the respective Project Provider.
5.8. Fourteen Holding will facilitate the use of the Website within the framework of the current state of the art and strives to provide maximum possible availability. Fourteen Holding reserves the right to restrict access to the Website 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, Fourteen Holding shall conduct maintenance work on the Website during after 8.p.m. and before 8 a.m.
5.9. Fourteen Holding has no obligation to provide updates or upgrades for the Website or to adapt the Website 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 Website 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 Fourteen Holding and, to the extent applicable, all Project Providers whose projects have been linked by the User to his/her User account, 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, Fourteen Holding 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 on the Website,
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 Website 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 Fourteen Holding, the Website 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 Website of his/her own data.
6.3. When uploading User-Generated Content (as defined below) to the Website, 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 on the Website 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, color, 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 Fourteen Holding 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 Fourteen Holding once she/he gets aware of any User-Generated Content (as defined below) or activities of the User on the Website 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 on the Website.
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 on the Website 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 Fourteen Holding – and Fourteen Holding 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 on the Website, including, but not limited to, making User-Generated Content accessible to other Users on the Website 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 Fourteen Holding 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).
8. Indemnification
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 Fourteen Holding due to such an infringement, the User has the obligation to indemnify Fourteen Holding in full unless the User proves that he/she is not responsible for the breach of duty that has caused the damage or loss.
9. Amendment of the Terms of Use
Fourteen Holding reserves the right to amend these Terms of Use at any time and without giving reasons, unless this is unreasonable for the User. Fourteen Holding will notify the User of amendments of the Terms of Use in good time in text form. If the User does not object to the validity of the new terms of use within four weeks after notification, the amended terms of use will be deemed accepted by the User. Fourteen Holding will indicate the right to object and the significance of the objection period to the User in the notification. If the User objects, the entitlement to use the Services will end and Fourteen Holding will be entitled to delete the data of the respective User.
10. Term
If not otherwise agreed, for example on the Website, 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. Any termination of this agreement will lead to User losing his/her access to the Projects linked to the FanID User account on the Website.
11. Data Protection
By providing Services, Fourteen Holding processes personal data of Users in accordance with the privacy policy available at https://me.fan/privacy.
12. Final provisions
12.1. Fourteen Holding may make use of third parties, in particular companies affiliated with it, for the purpose of performing the agreement and exercising its rights. Fourteen Holding has the right to transfer its rights and duties under this agreement as a whole to affiliated companies or the Club.
12.2. Amendments and additions to these Terms of Use shall be valid only if made in writing, including the electronic form (§ 126a German Civil Code (BGB)) and the text form (§ 126b BGB). This also applies to any amendment to this written form clause. Section 9 remains unaffected.
12.3. The Terms of Use and their interpretation are subject to German substantive law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
12.4. English language terms used in the Terms of Use describe German legal concepts only and shall not be interpreted by reference to any meaning attributed to them in any jurisdiction other than Germany. In case of any conflicts between the German version of the Terms of Use and any translation of it, the German version of the Terms of Use is taking precedence.
12.5. Should one or more provisions of the Terms of Use be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of the Terms of Use.
12.6. The European Commission has launched a European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. Fourteen Holding does not participate in dispute resolution procedures with a consumer dispute resolution service.
12.7. The non-exclusive place of jurisdiction for all disputes arising from and in connection with the use of the Services and the Terms of Use, including their validity, shall be Braunschweig, Germany.
***