FC ONE is an interactive Football-Community of "alles fussball" management GmbH (hereafter referred to as operator). FC ONE is targeted at players, both boys and girls, coaches, referees and football fans from twelve (12) years old and above. We can only process the registration of minors when consent by the parents or guardians is provided.
1.1 In the relationship between the operator and the member the following terms and conditions apply. (Hereafter referred to as TC)
1.2 On registration as a member of FC ONE, the member hereby agrees to the terms of membership. On registration, the member has the possibility to accept the TC and must confirm the acknowledgement of the TC with a special click.
1.3 Within the framework of the agreement between the operator and the member the TC apply even then when further services of the operator are used but the validity of the TC are not expressly indicated.
1.4 The operator reserves the right to change the TC at any time without naming the reasons. The changed terms and conditions will be sent to each member by email two weeks before they come into force. If after two weeks of receiving the email the member has not raised any objections to the changed TC then the changed terms are deemed as accepted. The operator is obliged to expressly point out the two week deadline period to the member in the email, containing the changed terms.
1.5 If a member raises any objections to the changed TC, the operator can terminate the current agreement, without recourse to any claims for damages on behalf of the member with immediate effect and delete all the data saved under the member's profile. The operator will likewise expressly indicate this possibility to the member in the email containing the changed TC.
2.1 The minimum age requirement for registering at FC ONE is twelve (12) years. In addition, for minors the necessary ability to foresee and maturity must be available, in order to understand the significance of the collection, processing and saving of personal data.
On registration the member assures the operator that the twelfth year has been reached and that s/he is aware of the significance of the collection, processing and saving of personal data. The operator has the right to demand presentation of appropriate documents to check personal details, with particular the member's age.
2.2 The member warrants that all personal data given by him
to the operator correspond with the truth and only describe the member personally. This even applies to photos of the person themselves.
2.3 FC ONE offers the services of its platform exclusively for private purposes. Commercial usage is not allowed. On registration the member affirms that the services are to be used for private purposes only.
2.4 In the administration area the member can delete his profile at any time without stating the reasons why. The member receives a link to confirm the deletion at the email address given. The member can also deregister in writing. On deregistration all the data saved under the member's profile will be deleted and is no longer visible for other users. The agreement is thus terminated.
2.5 If legal representatives of minors do not consent to their child using FC ONE, they can have all the data, saved on the website's databank about their child, deleted. To do this, a written request addressed to FC ONE is required, in which copies of passports of the minors and the legal representatives are enclosed.
3.1 The operator manages a social network in the shape of a communications platform in the internet, via which members registered as players, coaches, referees and football fans, can maintain friendships, get in contact and communicate with each other. Every member has the possibility to register, publicise information about themselves, found a groups/blogs or enter them, search for other persons (members) within the platform and much more.
3.2 All details of individual member's profile are filed in the operator's databank. Members of the network can see the profiles of other members and get in touch with them. Members can choose whether only the first letter of the surname is visibly displayed or not.
Non-registered visitors to the network can search in the databank for people and can see the profile containing information publicised by that member.
3.3 In this connection good manners and polite means of address are always to be used. Assuming a false identity as well as making offensive, disparaging or racist remarks are against the interests of FC ONE services and are therefore forbidden.
3.4 The operator naturally observes the legal stipulations of Minor's Media Protection, especially the regulations of the Minor's Media Protection Treaty (JMStV).
3.5 Where members land on links of external internet sites via links connected to FC ONE, these will be tracked by the operator and the content will be checked. If the external linked websites contain any kind of illegal and/or harmful material to minors in particular those referred to in § 4 JMStV, the respective links will be deleted by the operator.
4.1 Registration and membership at FC ONE are free of charge.
4.2 The operator reserves the right to organise the use of certain extra services against payment on the platform at any given time. In addition the operator reserves the right to engage adequate advertising. The special Minors Protection legislation (esp. § 6 JMStV) will naturally be closely adhered to when advertising to children and youths. Such advertising at FC ONE will never take advantage of the inexperience of children and youths, will contain no appeals to buy directed at the parents, will inflict neither physical nor emotional damage on the children and youths, nor contain advertising for alchohol or tobacco.
4.3 For the usage of future additional payable services as well as for orders in a future online shop, the member has to hand in a special declaration, which affirms that the member is either of age (so has reached the end of his/her 18 year) or that s/he is able to finance the resulting payments arising from the usage of fee-paying services exclusively from means referred to in § 110 BGB (Pocket money), which has been given to him/her for this purpose or to be used at his/her disposal by his parents or legal guardians. Should the member not hand in the declaration required in such cases, then the member will be excluded from using the fee-paying services.
5.1 The sensitive and responsible management of the personal data of all its members is a matter of extreme importance to FC ONE.
5.2 FC ONE closely complies with all data protection laws and stipulations. Above all, included in these stipulations are the Teleservice Data Privacy law (TDDSG), the National Data Protection law (BDSG), the legal data protection stipulations of the Telecommunication laws (§§ 85 ff. TKG) and the legalislative guidelines given at EU level.
5.3 FC ONE does not pass the personal data on to third parties, unless there is a legal obligation to do so.
5.4 The data protection policy found under the following link help.fc-one.org/helpcenter/help_data/ informs in detail about the purposes for which the data is collected.
6.1 The operator is not liable for the content publicised by the member; this applies particularly to cases where the contents composed by members infringe on the intellectual property rights (brandname rights, copyright, etc..), on the personal rights of third parties or on the regulations of Minor protection. This disclaimer likewise applies to the contents of internet pages, which members of FC ONE have linked on without the operator's prior knowledge. As soon as FC ONE becomes aware of any contents harmful to youths or infringements on an external link page, such kinds of links will be removed immediately.
6.2. The operator is not responsible for the accuracy and the content of details given by the members themselves on registration, or profile data of the members or for any other content generated by members. The operator accepts no responsibility for the possible misuse of information.
6.3 The operator is not responsible for the economic, physical or immaterial damages, arising from the use of this network or communication platform, where the damages cannot be proven to be arising from wilful negligence of the operator or its employees.
6.4 The operator constantly strives to secure an orderly operation at FC ONE. The operator however does not guarantee uninterrupted usage or availability of FC ONE, nor is it liable for technically based transmission delays or break-downs. As an example, a technical break-down or necessary maintenance work may lead to a temporary interruption of services provided by FC ONE.
6.5 The operator is not liable for the unauthorised knowledge of member's personal data procured by a third party ( e.g. via unauthorised access by hackers on the databank). The operator is also not liable, when details and information which members have given third parties access to, are then misused.
6.6The operator will regularly - however there is no kind of obligation - check the contents of messages, as well as sent in photos or graphic details for compliance with the law, especially checking the regulations of Minors Protection and if necessary delete all or parts of it.
6.7 The operator reserves the right to completely or partly discontinue FC ONE services with immediate effect and delete all members saved data without giving a reason and with no recourse to compensation by the member.
6.8 The pages linked with FC ONE have been closely checked for abiding by the stipulations of Minor Protection and for any other infringements at the time of linking. Illegal or harmful content to youths at the time of linking the external linked sites were not evident. Nevertheless FC ONE has no influence over the contents of the external link. Even FC ONE is not able to permanently control the contents of external linked sites, and without any concrete evidence of a breach it is also not reasonable. As soon as FC ONE becomes aware of any content harmful to minors or breaches on an external linked website, the link will be removed immediately.
The operator reserves the right to contract to third parties to partly or completely supply the business activities of services to the football community.
8.1 Members are solely responsible for the content of their registration and thus the information, which they offer about themselves. The member affirms that no laws or rights of third parties will be infringed on by his behaviour and neither do the contents uploaded by him (messages, pictures etc...) particularly with respect to general personal rights and to intellectual property rights of third parties.
8.2 On the platform no passwords, codes, and serial numbers of any kind are to be exchanged or be given.
8.3 Furthermore no profiles at FC ONE or any connected internet sites are allowed to be set up, which serve to upload abusive information, save, edit, change, forward or to misuse the information in any other way.
8.4 The member warrants that the FC ONE platform will not be used for the purposes of commercial advertising or for advertising political parties and/or candidates. Finally the member warrants to never spread illicit content, especially harmful content to minors, in any form whatsoever at FC ONE.
8.5 The member must adhere to the legal regulations, particularly those governing the letter and telecommunications secrets, deal with emails and other messages confidentially and may only to make them accessible to third parties with the express prior agreement of the sender. This also applies to names, photos, telephone- and fax numbers, address data, email addresses and/or URLs (Internet addresses). Every violation of confidentiality, in particular every improper use of such kinds of data by manual or automatic reading, saving, processing,changing or deleting etc.. will be pursued as far as is legally possible.
8.6In addition members are not allowed or attempt to intercept emails or messages of other members. Members are only allowed to send emails and comparable messages to members exclusively for the purpose of private communication, not to advertise or offer goods or services to other members.
8.7 In the FC ONE Football Community - a member is not allowed to breech the laws or use the network in any type of way which will negatively influence the other members of FC ONE.
Irrespective of the possible criminal responsibility of members contents are especially objectionable, when they:represent propaganda instruments according to § 86 of the criminal code, where the contents are opposed to the free democratic basic order or are opposed to the ideas of international understanding, use organisations flagged as unconstitutional according to § 86a of the criminal code, whose contents are opposed to the free democratic basic order or are opposed to the ideas of international understanding, incite hatred against parts of the population or against a national, racial, religious or the ethics of a particular group, challenge them to violence or any other form of arbitrary brutality or attack the human dignity of others in the process, insult parts of the population or a particular group, are maliciously derisive or are slandered, depict an act committed under the national socialist regime in a manner described in the international criminal code book § 6 Abs. 1 und § 7 Abs. 1, to disturb the peace, to deny, belittle, cruel and otherwise inhumane acts of violence against humans in any way or which portray the cruel or barborous acts causing harm to human dignity in any way, this also applies to virtual portrayals, serving as a guideline for an illegal act as described in § 126 Abs. 1 of the criminal code, glorify war, violate human dignity, especially by portraying humans, who are or were dying from or are suffering from severe ailments or emotional disorders, where consent is not adhered to, portraying children or youths in unnatural or sexually inclined positions; this also applies to virtual portrayals, are sexist or pornographic, and/or acts of violence, involving sexual abuse of children or youths or sexual acts involving humans using animals as a sexual object, this also applies to virtual portrayals, or are listed in parts B and D of § 18 Minors Law or the content or works are in any way comparable to those described in these lists.
8.8 In addition the spreading of defamatory, offensive or in any way unlawful material, which harasses or threatens and harms the personal rights of another member or a abuses a third party is prohibited.
9.1 In all cases a violation of one or several members of one or of several stipulations of these membership terms, especially against one or more of the points 2.1 to 2.3 and/or point 8., the operator reserves the right to exclude the member with immediate effect from the network and to delete all the data stored under his profile. The operator does not need to give a reason and can claim exemption from the enforceability of paying compensation to the member. The operator reserves the right to instigate civil or criminal proceedings especially the enforceability of compensation for damages and/or to report the offence in these circumstances.
9.2 Where a member is of age, s/he is obliged to indemnify the operator against any claims by a third party, which occur through the misuse by a member of the network or by a violation of the TC.
Where a member is of age, he is particularly obliged to exempt the operator from any kind of liability, and from all obligations, expenses and claims, resulting from damages caused by insult, libel, malicious gossip, injury to personal rights, arising from a breakdown of services for other members, arising from infringement upon immaterial goods (brandnames, copyright, etc...)or any other rights.
The obligatory exemption also extends to any form of demand, for payments required for the necessary legal costs (Lawyers' fees) for the defence.
10.1 Electronic attacks of all kinds on this platform / this data bank / the Network of FC ONE or upon individual members are strictly prohibited. Every electronic attack will lead to an immediate exclusion of the member and civil and criminal prosecution as far as possible.
10.2 Breech of contract - hacking: Where a member is of age, he is obliged to pay the operator a lump sum of at least EUR 5.000,00 ( in words: five thousand Euro) on the first demand, for any instance of culpable violation of the prohibition of electronic attack (Point 9.1) a penalty which is to be assessed according to equitable discretion and in a court case will be checked by the county court responsible.
10.3 Point 9.2 will be applied to members who are not yet of age but have the ability needed to understand the consequences of such criminal actions.
Should a stipulation of the general terms and conditions be or become ineffective or incomplete in parts, the remaining clauses of the general terms and conditions remain uneffected in their validity. The invalid stipulation is replaced by the stipulation, which is legally effective and comes closest to the invalid stipulation in sense and purpose. The same applies to any gaps in the general terms and conditions.
As far as is legally permissable, the Court of Jurisdiction is Bonn. The laws of the Federal Republic of Germany apply excluding the UN Sales Law.
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