General terms and conditions
General Terms and Conditions for the Use of Services of the European League of Football GmbH with registered office in 22767 Hamburg, Nobistor 16.
1. Scope of application; amendments to the terms and conditions
1.1 These Terms and Conditions apply to the registration and use of the free and paid services of European League of Football GmbH which you (hereinafter referred to as "User") can access via the homepage www.sportsmetrics.football, via internet-capable TV devices, via mobile applications (e.g. iPhone/iPad) and/or via Facebook (hereinafter collectively referred to as "European League of Football GmbH Distribution Channels").
1.2 Deviating terms and conditions shall not apply. Subsidiary agreements or deviations from the following terms and conditions shall only be effective if expressly agreed in writing, including by e-mail.
2. Registration; platform contract
2.1 In order to access the chargeable services of the website www.sportsmetrics.football, in particular the forms of subscriptions or PPVs (purchase on demand) listed under 3.4, the User must register on the website www.sportsmetrics.football. The User must also register with the platform contract. Upon completion of the registration, a platform agreement is concluded between the user and European League of Football GmbH. For the use or subscription of the individual European League of Football GmbH services, additional individual user contracts are required in accordance with section 3.
In order to subscribe to or retrieve the chargeable services of European League of Football GmbH via European League of Football GmbH distribution channels, the user may register or purchase individual chargeable services without registration. An overview of the free and chargeable offers can be found at https://europeanleague.football/watch/video. Irrespective of registration, the use of the individual European League of Football GmbH services requires individual user contracts in accordance with clause 3.
2.2 The user is obliged to provide the data required for registration, i.e. the full address, date of birth, email address and name, correctly and completely and to always update this data in the event of changes. An update can be made by the user on www.sportsmetrics.football in the logged-in state (under: My Profile/Edit Profile).
2.3 Upon registration, a virtual free account is set up for the user. The user may dispose of his account without restriction at any time.
2.4 European League of Football GmbH has the right to expressly refuse the registration and the creation of a virtual account. In particular, the registration and creation of a virtual account of a minor user will only take place if European League of Football GmbH is provided with a hand-signed written consent of a legal representative. This consent must be sent by fax or letter to the address of European League of Football GmbH listed in section 11.1.2
2.5 European League of Football GmbH cannot be held responsible if certain data, e.g. when registering or ordering services, does not reach European League of Football GmbH or reaches European League of Football GmbH only incorrectly.
3. Orders; contract of use; scope of services
3.1 The retrieval of the individual services provided by European League of Football GmbH via the European League of Football GmbH distribution channels requires an additional individual order by the user which must be accepted by European League of Football GmbH in order to be effective. A contract of use between European League of Football GmbH and the user is concluded for the retrieval of the individual contents.
3.2 A prerequisite for the User's individual order is that the payment transaction is effectively made via the available payment services (PayPal, credit card).
3.3 When using the services via www. europeanleague.football, the user makes a binding offer to conclude a contract in accordance with these terms and conditions by completing the order process. The acceptance of the order required for the conclusion of the contract is at the discretion of European League of Football GmbH and is effected by sending the order confirmation by e-mail. If the services are used via the other distribution channels of European League of Football GmbH, the binding offer of the user lies in the conclusion of the order process of the European League of Football GmbH service with costs. Acceptance is effected in each case by the provision of the service, as a rule by the activation of the stream on the part of European League of Football GmbH.
4. Right of withdrawal and withdrawal form
Users have the following right of withdrawal, which expires if European League of Football GmbH provides the service (video stream) before the end of the withdrawal period.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must either send us postal to
European League of Football GmbH
Nobistor 16
22767 Hamburg
or via this email: support@sportsmetrics.football
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
You can also find the model cancellation form at
http://start.europeanleague.football/downloads/ELF_Widerrufsbelehrung.pdf
Sample cancellation form
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) the provision of the following service (*)
________________________________________________________________________________________________________________________
Ordered on (*) Received on (*)
________________________________________
Name of the consumer(s)
________________________________________
Address of the consumer(s)
________________________________________
________________________________________
Signature of the consumer(s)
________________________________________
Date
________________________________________
(*) Delete as applicable
5. Prices and method of payment; remuneration for chargeable services
5.1 The product price results from the price indication listed before completion of the order process (prices may differ for the individual distribution channels) and - if the European League of Football GmbH service was requested via the user account - the acceptance confirmation sent to the user; the value-added tax to be paid by the user is also shown in the acceptance confirmation. Beyond this, no further costs are incurred by the user.
5.2 The accepted currency is exclusively Euro (€).
5.3 Payment shall be made in accordance with the respective terms and conditions of the various payment services PayPal and credit card.
5.4 If the User is registered in accordance with section 2, the invoice will be sent exclusively to the User's e-mail address.
6. Technical operation
6.1 The videos are offered in the formats Adobe Flash Video, and Windows Media Video (WMV), H.264 for Apple iPad/iPhone and H.264 for HbbTV and are streamed in each case at a bandwidth of 1,700 kbit/s and a resolution of up to 720x576 pixels.
6.2 European League of Football GmbH will endeavour to ensure that the retrieval of the videos is as trouble-free as possible. European League of Football GmbH guarantees an accessibility of its servers of 97% on an annual average. However, European League of Football GmbH cannot guarantee that the videos will be permanently available. In particular, technical failures caused by force majeure may lead to an interruption of the retrievability.
6.3 European League of Football GmbH is not responsible if certain browsers and browser settings, TV devices, mobile devices or applications used by the User do not work. The same applies to poor picture quality in connection with data transmission to the User. The user is required to check the flawless playback of videos on his end device before purchasing with videos in the free area and/or with the live streaming test function. The use of proxy servers can lead to transmission problems. The concealment of the geographical location via other IP addresses is prohibited. The user is required to report any defects that occur in writing, logging any error messages that may be displayed.
7. Restrictions on use
7.1 The User is only authorised to use the www. europeanleague.football website and the European League of Football GmbH Services via the European League of Football GmbH Distribution Channels as authorised by European League of Football GmbH in accordance with these Terms.
7.2 The registration and/or the provision of image material by European League of Football GmbH within the scope of the provision of the ordered services does not grant the user any copying rights, commercial rights, trademark rights or personal rights. All contents provided within the scope of the services are protected by copyrights and other rights. The user is only granted the non-exclusive, non-transferable, non-sublicensable right of use to use the content within the contractual limits for demonstration in the private sphere for non-commercial purposes.
7.3 The User is not authorised to copy, reproduce, download, store, forward, otherwise distribute and/or sell or use for commercial purposes any content provided by European League of Football GmbH.
8. Liability
8.1 In the event of a claim for breach of duty based on intent or gross negligence, including intent or gross negligence on the part of European League of Football GmbH`s representatives or vicarious agents, European League of Football GmbH shall be liable in accordance with the statutory provisions.
8.2 European League of Football GmbH shall be liable for breaches of duty based on simple negligence only if European League of Football GmbH culpably breaches a material contractual obligation (so-called cardinal obligation). An essential contractual obligation is an obligation the breach of which jeopardises the achievement of the purpose of the contract or the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contracting party may regularly rely. In this case and in the case of default and impossibility, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
8.3 European League of Football GmbH's liability for culpable injury to life, limb or health shall remain unaffected. This shall also apply to the mandatory liability under the Product Liability Act.
9. Duration and termination of the contracts
9.1 At any time user is entitled to cancel his virtual account in combination with the platform account. This may be done at the section "My account". It is not necessary to provide a reason for the cancellation. In case the contract for the usage of the platform has been entered in combination with a subscription, the platform contracxt can only be cancelled in conjunction with the subscription contract.
9.2 After termination of the virtual account by the user, personal data will be stored within the framework of the legal provisions and subsequently deleted (see also our data protection provisions).
9.3 Even after termination of the customer account and termination of the platform contract, the user is entitled to use services of European League of Football GmbH which do not require registration.
9.4 The usage contract for the temporary provision of content (VoD streaming) or for live streams that can only be accessed once shall end automatically upon expiry of the temporary provision or the live stream without the need for termination.
9.5 The usage contract for a subscription package has the term specified in the respective service description and then renews then automatically if not cancelled at least one month prior to the minimum term of the contract. The subscription then has an open end and can be terminated monthly.
9.6 Both parties reserve the right of termination for good cause.
9.7 The termination of such a contract of use must be in writing, whereby an email is sufficient.
10. Amendments to these terms and conditions:
Changes to these Terms and Conditions on the part of European League of Football GmbH which do not have any economic disadvantages for the user (e.g. in the case of changes in the registration process, changes to the payment service provider, adjustments to the Terms and Conditions in consideration of modified or new services or functionalities) shall be deemed to have been accepted and effectively agreed by the user if the user does not expressly object to the changes in writing, including by e-mail, within four weeks of receipt of the modified Terms and Conditions. The user is obliged to keep his e-mail address up to date at all times (see 2.2).
11. Contacting; summonable address and legal representative
11.1 The User may contact its contractual partner European League of Football GmbH as follows:
11.1.1 By e-mail to support@sportsmetrics.football
11.1.2 By post at the address European League of Football GmbH, Nobistor 16, 22767 Hamburg, Germany.
11.2 The summonable address corresponds to the address in Clause 11.1.2. European League of Football GmbH is legally represented by the Managing Director Zeljko Karajica.
12. Final provisions; miscellaneous
12.1 These Terms and Conditions as well as all contracts concluded in accordance with these Terms and Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should one or more clauses of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
12.2 Hamburg is the exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions and the individual contracts if the User is a merchant, a legal entity under public law or a special fund under public law. The same applies if the User's place of residence or habitual abode at the time the action is brought is either not in Germany or is unknown.
12.3 The details of the User's order are stored by European League of Football GmbH after the conclusion of the contract and can be retrieved by the User at any time via the virtual account, provided that the User is registered. The current version of these General Terms and Conditions is available to the customer at www.sportsmetrics.football for retrieval at any time.
