1.2 The relationship between the users and the platform operator (eg Apple's App Store, Google's Play Store), through which the app is distributed, including any in-app purchases, is governed solely by the agreed conditions between the platform operator and the respective user.
2.1 The use of the services requires a registration of the user by entering his personal data and a valid email address. The information is to be made true and updated with changes. After registration, SPM Sportplatz-Media prompts the user to confirm the given e-mail address.
2.2 The user has to choose a password during registration. The password has to be kept secret by the user and not passed on to third parties. If third parties have knowledge of the password due to a fault on the part of the user, the user is liable for the damage resulting from the use of the password.
2.3 The user can create a team and invite other people by specifying their e-mail address. The user assures that he will not send invitations to knowingly invalid e-mail addresses and no invitations to persons who have not previously agreed to receive an invitation.
3.1 SPM Sportplatz-Media offers a variety of features to help coaches and players manage their team, including To schedule appointments, to follow responses live, to plan events, to manage the team accounts, to publish game reports, to carry out the voting, to execute the criminal catalog ("Services"). The services are basically free of charge; Certain services with additional functions can be charged to the user within the scope of the offers for a certain period of time ("subscription services").
3.2 With the exception of ordered subscription services, SPM Sportplatz-Media is entitled at any time to change the services or their scope, in particular to turn free services into subscription services.
3.3 In order to store his data and other information, the user is provided with a limited space free of charge. The storage capacity can be extended as a subscription service.
4.1 Within the scope of the offers, the user can order subscription services for a certain period of time. The team-subscriptions (e.g. Premium) are bound to the chosen team during the payment process, the user-subscriptions (e.g. advertisement-free) are bound to user - in every case intransferable. The respective period of time is determined by the user during the ordering process and is automatically extended by the fixed period if the user does not cancel the subscription service before the end of the period. The user can use the buttons offered for termination. If termination is not offered, the termination shall be addressed in writing to the address in 1.1.
4.2 Subscription services can be purchased with the means of payment offered in the course of the ordering process. The prices quoted include VAT. The subscription services are activated with the successful payment of SPM Sportplatz-Media.
5.1 The User is granted the simple, non-transferable and non-sublicensable right to use the services for the duration of the registration, for subscription services for the duration of the paid period, for private purposes.
6.1 The user may not (i) violate against good morals with his behavior when using the offers; (ii) infringe any protection, intellectual, personal, property or other rights of third parties; (iii) transmit content with viruses, so-called Trojan horses or other programming that may damage software; (iv) enter, save or send hyperlinks or content to which it is not authorized, and (v) integrate source code into the offers, thereby enabling him to extract data from the database or offers.
6.2 SPM Sportplatz-Media is entitled to block access to the services if the user violates his obligations under these conditions.
7.1 The services may include hyperlinks to third party websites. SPM Sportplatz-Media assumes no responsibility for the content of these websites, nor does SPM Sportplatz-Media adhere to these websites and its content, as SPM Sportplatz-Media does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.
8.1 SPM Sportplatz-Media guarantees the most trouble-free availability of the offers within the scope of the technically and operationally acceptable. Periods during which the offers are not or only to a limited extent accessible due to technical or other problems beyond the scope of SPM Sportplatz-Media (eg force majeure, fault of third parties etc.) are excluded. SPM Sportplatz-Media will immediately remove faults within the scope of SPM Sportplatz-Media's technical and operational feasibility.
8.2 Insofar as services are made available free of charge, liability for material and legal deficiencies, in particular for their faultlessness, freedom from third-party protection and copyrights, completeness and / or usability - except in the case of intent or malice - is excluded. Otherwise, the statutory provisions apply.
9.1 SPM Sportplatz-Media shall be liable to the user in case of willful intent or gross negligence or in the case of culpable injury to life, body or health for damages according to legal requirements. In addition, SPM Sportplatz-Media is only liable for contractual, typical, foreseeable, direct damages to the user and also only if SPM Sportplatz-Media or a legal representative or a fulfillment aid of SPM Sportplatz-Media was culpably involved.
9.2 Even if SPM Sportplatz-Media always tries to keep the offers free from viruses and malicious programs, SPM Sportplatz-Media does not guarantee freedom from viruses or malicious programs. Before downloading information, the user will provide appropriate security devices and virus scanners for their own protection as well as to prevent viruses on the application.
10.1 Revocation rights: The user has the right to revoke this contract within fourteen days without giving reasons. The period of revocation begins two weeks from the start date of the contract. In order to exercise the right of revocation, the user must revoke this agreement by means of a clear declaration (eg a letter, fax or e-mail) to inform SPM Sportplatz-Media GmbH, Friesenstraße 13a, 20097 Hamburg, [email protected] of the reason for the cancellation. The user can use the enclosed Muster-Widerrufsformular, which is not required. In order to keep within the revocation period, it is sufficient that the user submits the notification of the exercise of the right of revocation before expiry of the revocation period.
10.2 Consequences of revocation: If the User revokes this Agreement, SPM Sportplatz-Media will promptly refund to the user all payments received by SPM Sportplatz-Media within fourteen days from the date on which the notice of revocation is received. For such repayment, SPM Sportplatz-Media will use the same means of payment that the User has used in the original transaction, unless otherwise expressly agreed; In no case will the user be charged for these repayment fees. If the User requires that SPM Sportplatz-Media begin to perform the Services during the period of revocation, the User shall pay a reasonable amount equal to the proportion of the User up to the time when the User will cease to exercise the right of revocation with respect to this Agreement Services already rendered, in comparison with the total scope of the services provided for in the contract.
10.3 Special Notice: The right of revocation expires prematurely if the contract is fully fulfilled by us before you have exercised your right of revocation.
11.1 Verbal ancillary agreements are ineffective. Amendments and/or additions to these conditions must be in writing. This also applies to a modification of this clause.
11.2 SPM Sportplatz-Media reserves the right to amend and/or add to the terms and conditions. SPM Sportplatz-Media will announce amendments/additions by notice in the context of the offers. The user may submit an objection to the amendments/additions by e-mail within 14 days of publication of the notice. In the event of a conflict, SPM Sportplatz-Media shall be entitled to terminate the contract with the respective user from the date of entry into force of the amendment/addition, for subscription services at the end of the relevant period. If a timely objection is not made, the new conditions shall be deemed to have been approved.
11.3 SPM Sportplatz-Media is entitled to use the help of third parties to fulfill its obligations under these conditions. SPM Sportplatz-Media is also entitled to transfer all rights and obligations from these terms to a third party.
11.4 Should individual provisions of these terms be invalid, incomplete or become unaffected, the validity of the other conditions shall remain unaffected. The corresponding gap is replaced by an effective provision, which is the economic will of the parties
11.5 German substantive law shall apply to the exclusion of German conflict of laws and UN purchasing law.
Stand: Februar 2016