General Terms and Conditions for Use of the Services under the Website www.eintracht.de
Status: As per 10th August 2010
1. Scope; Amendments to General Conditions
1.1 These Terms and Conditions of Use apply to the use of the free services, to which you (hereinafter referred to as "User") can subscribe on the website www.eintracht.de (e.g. Chat/Forum, Eintracht Newsletter), as far as no other General Terms and Conditions apply. These are services of Eintracht Frankfurt Fußball AG, Mörfelder Landstraße 362, 60528 Frankfurt am Main, represented by the Executive Board Heribert Bruchhagen, Dr.Thomas Pröckl (hereinafter referred to as "Eintracht Frankfurt").
1.2 Eintracht Frankfurt reserves the right to amend these Terms and Conditions of Use for the future. Eintracht Frankfurt shall notify the User of any amendments to the General Terms and Conditions by e-mail and in so doing shall advise the User that the amendments shall be deemed to have been accepted if the User does not oppose the amendments within four weeks. The User is under a duty to keep his email address up to date at all times (see Clause 2.1).
2. Registration; Contract Conclusion; Right of Revocation
2.1 The User must register in order to subscribe to the services of the website www.eintracht.de. The User agrees to correctly and completely submit the data requested during registration, which the User will keep updated in the event of any change. When logged in, the User can update the data under “Change Data.” If Eintracht Frankfurt does not accept the order within three days by e-mail confirmation sent to the User's stated e-mail address the User shall no longer be bound by the order.
2.2 A contract between the User and Eintracht Frankfurt shall come into existence when Eintracht Frankfurt confirms the order by e-mail. In the e-mail confirmation the User shall be advised once again about his two-week right of revocation. Pursuant to Section 312d (3) of the German Civil Code (BGB), this right of revocation lapses prematurely if the User does not activate the services ordered with the activation code contained in the e-mail confirmation.
2.3 Eintracht Frankfurt reserves the right to extend, modify and/or improve the services offered at any time, provided the User can reasonably be expected to accept the amendments having due regard for the interests of Eintracht Frankfurt. This shall in particular be the case if the amendments do not result in an economic detriment for the User, e.g. because new functions are introduced.
2.4 Only one registration is permitted. (Should you forget your password, you can set up a new password by selecting the function “Password forgotten.”).
2.5 The User undertakes and agrees not to disclose the password, even if asked. We would like to point out that Eintracht Frankfurt employees are not authorized to ask the User what his password is.
2.6 The User shall be liable for any damages incurred as a result of third parties having obtained knowledge of his password due to his negligent or intentional conduct. In the event that the User's password has been stolen or if the User obtains knowledge that his password is being unlawfully used by a third party, Eintracht Frankfurt must be informed immediately by e-mail via the feedback section.
3. User's Duties; Memory Capacity of the E-mail Box
3.1 The services may be used for private purposes only. Any use for business purposes shall not be permitted. In particular, the User may not use the services for promoting other websites, services or commercial offers.
3.2 If the User has subscribed to a personal e-mail box, its memory capacity shall be 1 Megabyte. The User is obliged to control his e-mail box on a regular basis. Eintracht Frankfurt reserves the right to erase e-mails that are older than six weeks. Furthermore, Eintracht Frankfurt shall erase all e-mails without further notice when the contract ends. If the memory capacity is exceeded, new messages will not be stored in the mailbox, but will instead be returned to the sender together with an appropriate failure report.
3.3 Eintracht Frankfurt shall not make any back-up copies for the User of any of the data stored by the User whatsoever. Instead, it is up to the User to ensure himself that the necessary back-up copies are on his computer.
3.4 The User undertakes and agrees not to violate any applicable legal provisions when using the website and the services offered on the website. In particular, the User shall ensure that the content (also links) distributed by him does not infringe any rights of third parties (e.g. copyrights) and is in compliance with applicable criminal provisions and provisions pertaining to the protection of young people; thus, the User agrees that in particular no racist or pornographic content, obscenities, content glorifying violence or drugs, defamatory content or content not suitable for minors will be distributed by him. The User further undertakes and agrees not to distribute any viruses or unsolicited mass messages and also to refrain from doing anything which could endanger and jeopardize the efficiency and availability of the services. Requests to participate in chain letters, pyramids and other gambling activities shall likewise not be permitted.
3.5 The User shall be fully responsible for his conduct and the content (also links) contributed by him. He shall indemnify Eintracht Frankfurt against any claims by third parties and the costs of any necessary legal defence, asserted against Eintracht Frankfurt because of his conduct or his content.
4. Third-Party Content; Erasure of Content
4.1 Content contributed, sent or received by the Users (e.g. in the Forum) does not constitute content from Eintracht Frankfurt (“third-party content”); instead it is exclusively attributable to the User contributing it. Because such content is contributed in real time, it is not possible for Eintracht Frankfurt to review it.
4.2 As soon as Eintracht Frankfurt has obtained knowledge of obviously unlawful content, Eintracht Frankfurt shall be entitled to erase such content without prior notice. Eintracht Frankfurt shall particularly do this if there is a violation of Clause 3.4. The same shall apply in the case that Eintracht Frankfurt receives a request by an authority or a court to remove such content or undertakes towards a third party to refrain from using such content in order to evade court action. In other cases in which there is a justified suspicion that a right has been infringed, Eintracht Frankfurt can erase the content in the Forum and initially block it at the e-mail account to avoid further damage. If an email account is blocked pursuant to this provision the User shall then be granted a reasonable period of time to comment thereon. If the suspicion proves to be unfounded, the e-mail account will be unblocked again.
5. Liability for Free Services
The provisions governing gifts/loans (Sections 516 et. seq., 598 et. seq. of the German Civil Code (BGB)) shall apply mutatis mutandis to services which are offered free of charge. Accordingly, Eintracht Frankfurt shall only be liable for intent and gross negligence.
6.1 Eintracht Frankfurt shall otherwise be liable contractually or by law within the scope covered by this contract for damages or useless expenses caused by Eintracht Frankfurt, its legal representatives, or agents only in case of intent or gross negligence or - in this case, at most for any foreseeable damage typical for the contract - gross violation of essential obligations of the contract.
6.2 Any claims for culpable causation of damages to life, body or health, pursuant to the Product Liability Act or to wilful deceit or owing to a guarantee assumed by Eintracht Frankfurt for the quality of the bought article or for which Eintracht Frankfurt has assumed liability for the quality, shall remain unaffected.
6.3 The liability limitation shall extend also to the personal liability of the legal representatives and vicarious agents of Eintracht Frankfurt.
7. Notice of Termination
7.1 Free services can be terminated by either party with immediate effect without stating any reasons. For this purpose the User may effect a cancellation (de-registration) when logged in by choosing “Profile” and then “Delete Account.” With regard to the Newsletter, the User will be informed about this cancellation possibility in the footer of each Newsletter. Eintracht Frankfurt shall inform the User by e-mail to the e-mail address provided during registration about the termination of a service. Notwithstanding the aforesaid, Eintracht Frankfurt may terminate the e-mail service only by giving two weeks’ notice. The right to terminate without notice for good cause shall remain unaffected. A good cause shall especially be given if the User violates his obligations under Clause 3.4.
7.2 After the service has been terminated Eintracht Frankfurt shall be entitled to re-assign any synonym (fantasy name) used by the User.
8 Data Protection and Copyright Protection
Eintracht Frankfurt shall, of course, comply with all applicable data protection regulations. Eintracht Frankfurt shall, therefore, only use data according to applicable regulations, e.g. regarding the fulfilment of contracts or regarding information on similar goods and services. Users can veto the use for advertising or market research any time. We inform Users regarding the right to veto when addressing Users for these purposes.
If the User uses other services on the www.eintracht.de website, e.g. ticketing, shop, there is sometimes the possibility of the order form being pre-completed with the available data if the User so wishes.
All logos, photographs, images and any other form of graphical depiction used in our internet presence remain our intellectual property and are protected by copyright and/or trade mark and/or brand mark law. Use of these materials without prior authorisation, and especially unauthorised downloading of images, is strictly prohibited and will be pursued to the full extent of the law.
9 Final Provisions
9.1 The governing law shall be the laws of the Federal Republic of Germany.
9.2 If the contracted party is a business as defined by the Trade Regulations Book (HGB), a legal entity according to common law, or has special public service status, or has no place of jurisdiction in Germany, or his address or normal place of residence is unknown at the time of filing suit, the place of payment, delivery and performance and the exclusive place of jurisdiction for all disputes arising from and in relation to the contractual relationship shall be the Eintracht Frankfurt headquarters in Frankfurt.
9.3 Any modifications to the contract terms are required to be in writing. This shall also apply to the rescission or modification of this written form requirement. Notification by facsimile or e-mail shall not be sufficient to fulfil the requirement of writing.
V5.0. as per 10th August 2010