§ 1 Contractual partners and coverage
(1) Contractual partner for the users of the "sportme" online platform is the sportme GmbH, Hanauer Landstraße 188, 60314
(2) Therefore we disagree to any terms & conditions of the user as far as they differ from the sportme general terms of use or persist out of conflicting regulation.
§ 2 Definition
(1) "User" is every natural and legal person that is registered on the platform to participate either as a "User" or as a "Club".
(2) A so called "Club" is a confraternity from individuals with a certain intention (i.e.: sport club, fitness centre etc.) and is therefore registered as such.
(3) "User" is the users of the platform that registered as individuals and not as a club.
(4) "Content" in the sense of our General Terms of Use is all content that the user uploads and makes available through our website. In particular pictures, videos, text (including blogs and commentary), music, graphics, drawings, pictures, appointments (including event notes) and all other personal data.
§ 3 Registration/User accounts/User profile/Contract conclusion
(1) The usage of the platform by minors and other limited contractually capable natural persons further than the passive usage ("surfing") of our platform is not permitted. An authorized guardian must agree to the active usage of minors on the platform.
(2) The active usage of all possible functions on our platform requires a user registration on our platform and a set up user account. Therefore the user provides us with his email address. After this is complete the user receives a conformation notice to the previously stated email address with a link and activation key.
(3) If the user is using the activation key he has to decide if he wants to register his individual user profile or a club and by doing so transmit more data. Furthermore he can complete his user profile with a range of data and decide which information is viewable and by whom. By dispatching the registry form the user gives an offer of agreement and closes the terms of use of sportme. With the user being forwarded to the start page of our platform the agreement with our terms of use is closed.
(4) sportme reserves the right to reject the user registration without giving particular reasons.
(5) In every case the user and the person who is registering the club are legally obligated to quote the truthful data requested during the registration process and later on the optional data. The user in particular is not allowed to fill in data about third parties with the exception of the club to be registered. The person that registers a club assures to be entitled to do so by the clubs contact persons and officials and that they agree to be named on the profile. If there is a change on the collected data after the registration the user is obligated to change these data on his profile immediately. Multiple registrations under different user names are not permitted.
(6) During the registration process the user chooses a password (together with the quoted email address referred to as "login details"). The user has to keep the login data secret and safe from third parties. This is not the case for clubs where the login data is being passed on to the person in charge for the club. If the user loses his login data or has a justified suspicion that his login data is used by an unauthorized third party then he is obligated to notify sportme immediately.
§ 4 sportme for user
(1) The platform offers the users a broad variety of possibilities. In the My Sport and other sections, aside from the settings and upload of personal data and content, it is possible to search for training partners, invite other users as friends (even a few at a time), become a "member" in a club, see who viewed your profile and directly contact them, directly communicate with other sportme users through the sportme internal messaging system, publish events that other users can take over in their personal calendar, send your events to other users, include events on your calendar that other members made public and sign up to create news feeds (for example out of the calendar function of other users).
(2) The user has at any time the possibility of restricting the access of other users and the general public to certain areas and information selected by him.
(3) Generally users can initiate groups and forums for self selected topics and become members in such groups and forums. The user initiated groups and forums have a so called moderator who is selected by the founder of the group/forum but who can also be himself. The moderator is the first contact person if the individual user reckons that other users ignore the group/forum topic and by that disturb the group/forum or abuse the group/forum for inappropriate purposes. If the moderator convinced that the complaint is legitimate he can delete the specific content in the group/forum and as the final decision exclude the relevant user.
(4) Subject to the provisions in section 16.4, every user can send messages to other users via an internal messaging system and thereby invite them as friends, into groups, notify them about new user profile content, etc.
(1) The person that registers is automatically the first administrator of the user profile (club-profile) and the other areas of the club. He decides who can become a member of the club or if the applicant needs approval by the club administrator. He can also assign other users with the administration rights. The other administrators have the same rights as the first administrator.
(2) Clubs can use most features single user have (the entire complexity is determined by the explanation on the website). But further than that clubs have the possibility to provide documents for download. In particular clubs have the choice of publishing different types of calendar events in their profile. The calendar can be completely public so that fans of the club and other internet user are informed about the clubs activities. The calendars access can be restricted in different ways regarding their recipients (only club members, trainers, departments etc.) and the detailed information for the specific event. In addition the club has the possibility of setting up internal and external feeds for specific recipients. Clubs agree that published events are extracted by sportme and in given cases combined with other events users and/or other clubs publish. The events might even be published separately on the platform.
(3) Editing a club profile pages is only possible for administrators. In particular this applies for the removal of content and sending messages to club members. If the administrator did not otherwise specify then every club member can publish his own blogs on the club’s profile site. In every case each club member can post messages on the Pinwall and send messages to the club.
(4) Every user can be a "Fan," of the club. Still the club administrators can delete "Fans" from the clubs friends list.
§ 6 "Unofficial" clubs
(1) "Unofficial" clubs are not considered to be clubs according to section 5, but rather a user founded profile site about the club. All members of the unofficial club are entitled to edit the content of the page, there is no administrator who has the sole rights to delete content, exclude users, etc. If the mentioned club is going to be registered at sportme and wants to take over the unofficial club it can get in contact with sportme to do so. The unofficial club will is then integrated and receive all the functions of a regular club profile site. A person nominated by the club then becomes the site administrator.
§ 7 Teams
(1) Users can unite with other users to create a "team." Teams can represent themselves and other members on the team site, document their activities and set up corresponding content. To do so the team founder creates a separate team profile site and the founder is automatically the first administrator. Parallel we create an analogical group that only team members can access. The founder can provide other team members with administrator rights. The team administrator has the same rights as the club administrator but he needs to approve the membership of a team member in every case. If the team belongs to a club then the club administrator has the same rights as the team administration.
(2) Clubs can also create teams, together with other clubs but also with other users. If the administrator of a club founds a team or a team registers at a club then the club administrator automatically receives the same rights as the team administrator.
(3) Regarding content editing on team profile pages section 5.3 applies.
§ 8 sportme initiated groups/forums
(1) Besides the user initiated groups/forums, sportme is going to install "Sportme groups" to certain topics in which every user can be become a member and exchange information with other users. Sportme does not participate directly in the exchange of specific topics but alleges the topic. In regards to the sportme groups, sportme entitles a user to moderate the group/forum with the position described in section 4.2.
(2) In the same way sportme automatically creates a group/forum for every registered club. The moderator for these groups/forums becomes the administrator of the club. Every club member is automatically a member in these groups/forums. Other users or clubs are denied access to these groups/forums.
§ 9 Setting up content
(1) Users can set up different kinds of content on his profile pages (view section 24). When uploading existing electronic content the user must upload them in pre-established formats. sportme reserves the right to allow uploads to be handled by an external hosting provider (see below). sportme also reserves the right to reject or delete content that is not delivered in established formats or by any other reason that causes technical difficulties.
Information:
If the user wants to set up a video at sportme he does so by uploading the specific content on the sportme page. The actual video file is going to be saved on the server of the hiClip GmbH, Eichendorffstraße 12e, 97072 Würzburg, from whom the file is getting embedded on the sportme pages. After the storage the video is not only embedded on the sportme pages but also becomes part of the hiClip GmbH video pool which is accessed by other customers of the hiClip GmbH. If one of these customers likes the video it could be that he embeds the video in his own internet offer. The user should be aware of these possibilities but will be notified of the described circumstances once again prior to his video upload. For details regarding the hiClip GmbH terms, sportme refers to the general terms of use and privacy declaration of the hiClip GmbH (available under http://www.hiclip.de/clips/terms.php and http://www.hiclip.de/clips/privacy.php). Before the upload begins the user has to agree to the validity of the aforementioned terms.
(2) A special feature is the possibility for the user to be visible on an uploaded photo and to be marked on the photo so that when you move your cursor over the assigned area (you) a box appears that identifies the person. The data provides a link to the user’s profile. As soon as another user is using that feature in combination with a user profile then that user will be immediately notified. The user can also prevent other users from using the feature in combination with his user profile. A soon as he gets notified about the usage of the feature he can delete the assigned area along with the link to the user profile.
(3) In order for the user to have full access and active usage of all the sportme possibilities and features the platform requires the user to be registered on the website and the set up a user account. Therefore the user provides sportme with specific content. Content that is copyright protected by national and international law is not allowed to be published on sportme.
(4) sportme reserves the right to reject content provided by the user. The user has no entitlement for the publishing or the disposition of his content.
(5) sportme has the right to provide the user and/or his published content with "tags" for the search engine to function more efficiently. The user can choose the tags himself to make his content more searchable.
§ 10 Usage rights for the publishing of content
(1) The user who publishes content on the platform provides sportme infinite transmittable, areal and temporal usage rights within the extensiveness that is needed to run the platform. In general the user grants sportme the right to publish the specific content and thereby the rights to duplicate the content if essential. Furthermore the user grants sportme the right to modify his published content for presentation. In detail this could be short versions, single screen shots of videos, smaller versions of photos ("thumbnails") or extracted from a music piece ("teaser"). The content could be embedded in editorial reports, newsletter and/or in lists that could feature "Best Of," "Most Viewed" and/or "Best Rated" content. sportme could also make the edited content available to the public.
(2) The rights to make content accessible to the public is to be understood by sportme and the user that sportme is allowed to make content available to other user’s end devices, computers or mobile devices. This could be done via newsletter, pod casting via RSS feed and/or xml interface.
(3) The right of public playback is to be understood by sportme and the user as sportme's right to provide the user's content on demand via live stream.
(4) The user decides if his provided content can be further downloaded (than the streaming available) or visible for unregistered users of the website. In this case the visitor has the right of usage specified in section 11.2 of the general terms of use.
(5) The user who publishes content on the platform provides sportme infinite transmittable, areal and temporal rights to his published content and therefore sportme is allowed to edit the content and to publish it on CD-ROM, DVD and/or on other data storage mediums either selling them or for free. In the case of a non-gratuitous publication and distribution sportme and the user will close a separate agreement about the commission for the relevant content. In the case of a free of charge distribution the user will receive no commission.
(6) In order to grant the previously mentioned usage rights the user will not receive commission in the form of money. The benefit the user gets from granting sportme the right to use his content is that sportme presents his content on the internet platform. Both parties agree that this is an adequate commission.
§ 11 Granting usage rights from the user to third parties
(1) The user offers every other user and simple visitors the basic, non transferable rights of use that allow every user and visitor to download streaming music and videos. The latter is solely for the purpose of playing the content with no time difference or a small time difference due to technical issues for private purposes. Transmitting content to third parties is not allowed as long as the user does not give his explicit admission to do so.
(2) If the user allows other users and visitors to download his published content he allows them to use and save the specific content permanently on the other users or visitors end devices. A further multiplication, passing on the content to third parties or making the content accessible to the public is not allowed. If the user or visitor from sportsme wants to acquire more rights of use from the user he has to address the user directly. sportme is just a mediator (section 11.2) between the users/visitors by providing the technical platform for the concession of the right of use.
(3) The visitor is at no stage eligible to edit the content. If the content is used in a different context the usage is not allowed if it harms or threatens the spiritual or personal interests of the author. In doubt the visitor has to get in contact with the user before he can otherwise publish the content. These doubts are appropriate in connection with pornographic and abusive content.
(1) A club can, after sportme agrees, offer services and goods to other users. If users and/or simple visitors are willing to accept these offers they have to disclose a declaration towards the specific shop. The club solely will communicate all transaction directly with the interested parties. Sportme is not part of the legal act and is just providing, depending on the communication medium, the technical platform for the involved parties. Sportme reserves the right to charge a commission for the trade from the selling user depending on the price that the goods or services are sold for.
(2) If clubs are entitled to partake in entrepreneurial actions, sportme points out in advance that the club acts as having the sole responsibility, in particular with the compliance of the consumer act, provider identification, business competition and coding of goods and services.
(3) sportme reserves the right to delete offers when there is a strong suspicion that the offers consist of goods and services that are part of the category (described section 15) of forbidden content.
§ 13 Small advertisement
(1) sportme gives the users the possibility to post small advertisements in the "black board" section, generally this would be sports related and user owned goods to sell or give away. Therefore the interested party must contact the offering user while sportme is alleviated from the legal acts and only provides the technical platform for the users.
(2) The black board is not a place for entrepreneurial activities. It's only for publishing single offers. These offers have to comply with section 12.3.
§ 14 Advertising through sportme and users
(1) The user agrees that sportme sets up advertising on the specific pages within the usage of its user profile and related published content.
(2) Advertising for personal offers is allowed on the users own profile pages if the content does not include categories described in section 15. Advertising for commercial and political offers of third parties is not permitted unless sportme grants a written request before. Clubs are allowed to name their sponsors in the sponsor section of their profile.
§ 15 Forbidden content
(1) The user obliges himself towards sportme not to publish any illegal content on the platform.
(2) In particular the user will not publish, deliver, offer, grant access or advertise any content (music, videos, pictures and text) that by publishing commits a legal offence. Furthermore he will not advertise any content that violates the law of the
(3) The user must not publish, deliver or offer any content that is:
1. of any kind pornographic,
2. able to influence the deployment of children and teens to illegal self dependent and active membership of the community. This includes content that is not approved by age for the audience.
(4) Content that is able to influence the deployment of children and teens to self dependent and active membership of the community is illegal. This includes content that is not approved by age for the audience. sportme must be notified if content of these sorts are published on the website.
(5) Illegal signifies, in particular, content that:
1. violates and damages ones reputation;
2. violates the protection of privacy rights or other personal rights;
3. violates authorship, trademarks and performance right of others;
4. is an legal offence.
(6) Users are not allowed to start chain letters, pyramid systems, competitions (except sports competitions). Lottery, betting or other forms of gambling are not permitted to be published, advertised and/or organized.
(7) Furthermore the user is not allowed to set hyperlinks in his user profile that refers to offers of third parties if the content falls under the above mentioned legal restrictions.
(8) Content that violates the above mentioned regulations or other offensive content can be deleted by the sportme support team. Users can inform sportme via a special notifying system.
§ 16 Special duties (Handling of other users data, confidentiality, harassment, data-mining, virus etc.)
(1) If the specific user decides in his privacy setting that his profile is not accessible by some or all users then users are not allowed to create person-related data of other users that are accessible to the public or to the users of the platform.
(2) Individual users are not allowed to be set up in a group/forum topic by other users.
(3) Messages that one user sends to another over the platform are only allowed to be shown to third parties if the sender agrees. Passwords, codes, serial numbers or similar data are not to be published or exchanged on the platform!
(4) If the user receives a message from another user and notifies the sender that he does not want to receive further messages from them, or other forms of contact, it's illegal to contact that user again. A massive approach with a user needs the approval of the user before the approach starts.
(5) sportme knows about and supports the rivalry that comes with the nature of sport. sportme is not the platform to denounce or make slanderous remarks towards other clubs and/or individual users. Every user should express himself with at least the minimum amount of respect and politeness. sportme believes in on and offline Fair Play.
(6) Users are not allowed to use manual or automatic methods to gain, save, edit, change or forward data out of the platform with the intention of abusing this information.
(7) It is illegal to Implant viruses, Trojans and analogical scripts or programs and similar damaging program codes. It's also illegal to start denial of these services and attacks (such as hacking) on the platform and/or individual user profiles.
(1) The user gives sportme the warranty that he is eligible to transfer the rights described in section 10.1 to 10.5. The person who registers a club gives sportme the warranty that the club officials and contact persons agree with their mentioning.
(2) Furthermore the user gives sportme the warranty not to publish content that violates the usage rights of third parties or violates section 15 of the general terms of use. If suspicion occurs the user has to check if the content violates the rights of third parties.
§ 18 The users liability
(1) The user alone is responsible for granting usage rights, contributions and the content he published.
(2) In the case that third parties held sportme accountable because the user did not meet his responsibility regarding granting usage rights and violated these, the user makes sportme unaccountable for any costs and liabilities including any legal costs. sportme will notify the user immediately about the claim and as long as it is legally necessary and/or possible to give him the chance to defend the claim.
(3) The same applies for the claim of third parties, if the third party violates the right of another third party with an object of the content independent from the contents authorship in particular the right of exploitation and personal rights or violates other laws.
§ 19 sportme's liability
(1) sportme is accountable by law with the following restriction: If the damage results out of data loss, sportme is not accountable if the damage could have been avoided by the user through regular saving and storing of all relevant data. sportme is not accountable for unusual contract or unpredictable damage as long as they do not affect life, body or health.
§ 20 Newsletters, Email Notification, Messaging System
(1) If the user chooses the option to be informed by sportme via email about news and outstanding content on the platform then sportme will send him an email newsletter. The newsletter can contain topic specific advertisements from third parties.
(2) The platform is a online community, therefore sportme notifies the user via email when other users want to be registered in his friends list, invite him to register in their friends list, he receives new messages or he receives a group invitation. The user can tell sportme at any time to stop notifying him.
(3) The platform contains an internal messaging system in order for the users to communicate amongst each other. If a user does not wish to receive further emails from a user then he can express this desire (compare section 16.4).
(4) If the user receives a message from a user and notifies the sender that he does not want to receive further messages from them, or other forms of contact, it's illegal to contact that user again. A massive approach towards a user needs the approval of the user before the approach starts.
§ 21 Offenses against the Terms and Conditions
(1) If a user violates these general terms of use sportme has the right to warn the user and/or block his user account temporally or permanently in order to force him to follow his contractual duties. Warnings and suspensions will be transmitted in written text. Furthermore sportme has the right to an extraordinary dismissal of the user relationship.
§ 22 Duration and termination of the user agreements
(1) The user agreement is closed for an indefinite period. The contractual notice of dismissal can be expressed by the user and sportme at any given time. An immediate extraordinary contractual notice of dismissal is reserved to sportme and its users. The usage of the immediate extraordinary contractual notice of dismissal is possible if violation against the terms of use, particularly the false declaration of necessary data and especially the delusion of an identity. The latter also includes when the login data is lost or there is reason to believe that the login data is abusively used by a third party. Terminating the contract happens through deleting the specific user account.
(2) In the case of blocking a user account or the termination through sportme due to an important reason the user is not allowed to reregister unless he has an explicit conformation from sportme to do so.
(3) sportme will delete all user related content including the user account itself after the termination takes effect. In regards to saving personal related data the privacy declaration is relevant.
(4) If the user whose user relationship ends is an administrator or a moderator (see above), sportme replaces him with the member who has been with the specific forum/group/team the longest in order to assure the further existence of the team or group/forum. If the user’s relations with a club end the teams without a club connection maintains its existence.
(1) All information about the privacy setting and data security can be found in the privacy declaration.
§ 24 General terms of use
(1) sportme reserves the right to change its general terms at any time and add new features. The changes or the new general terms of use will be presented to the user at his login on a separate page. The user has 14 days time to accept the changes of the general terms of use. During that time he can continue to use sportme under these general terms of use. In the case when the user does not accept the changes or new general terms of use, sportme reserves the right to use the ordinary contractual notice of dismissal. sportme will notify the user on a separate page about the consideration time, period and the reservation of the contractual notice of dismissal.
§ 25 Final clause
(1) Jurisdiction for any lawsuit or legal action that results immediately or indirectly out of the contractual relationship is
(2) In the contractual relationship between sportme and the user and also in these general terms of use solely and only the law of the
§ 26 Salvadorian clause
Is a clause of the general terms of use effect-less or partly incomplete or can become effect- less or partly incomplete and does not affect any other clauses of the general terms of use in their availability. The effect-less clause will be replaced with a clause that meets the same sense and economical goal that is similar to the old clause. The rules apply to any discrepancies in the general terms of use.