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Terms of use

Terms and Conditions for Use and Data Protection for the Bundesliga Partner Portal

Preamble

The Bundesliga Partner Portal at the internet site partner.bundesliga.de as well as its sub-domains (together, the “Bundesliga Partner Portal”) is operated by the DFL Deutsche Fußball Liga GmbH (“DFL”) and serves as a product, services and information platform for licensees, sponsors and official partners as well as media partners of the Liga-Fußballverband e.V. (“League Association”) and the DFL, for media representatives, organizations and employees of the League Association, the DFL and its subsidiaries, for the Bundesliga-Stiftung (“Bundesliga Foundation”) as well as the associations and corporations (“Clubs”) of the football licensed leagues Bundesliga and Bundesliga 2. The Bundesliga Partner Portal is designed to centralize and facilitate providing and exchanging content, in particular digital assets and services.

Under these Terms and Conditions for Use and Data Protection, the access and use of the Bundesliga Partner Portal by users which have been issued a user name and password by the DFL as authorization to use the Bundesliga Partner Portal based on the activity of such users are regulated in a binding manner.

The user declares that he/she has understood the following Terms and Conditions for Use and Data Protection and the legal instructions on using the Bundesliga Partner Portal and agrees with these terms and conditions. If the user no longer acknowledges the Terms and Conditions for Use and Data Protection, the user is prohibited from using the Bundesliga Partner Portal as well as its sub-domains.

1. Establishing the authorization for use, no charge, password and access

1.1 Establishing the authorization for use

The authorization for use between the user and the DFL is established by

• properly carrying out the registration process,

• authentication with the user name and password issued by the DFL, and

• acceptance of these Terms and Conditions for Use and Data Protection.

The user confirms that all information given to the DFL in the course of registration is complete and truthful. The user undertakes to notify changes in writing or in the form of text and, to the extent appropriate enter the changes in the user’s corresponding profile in the Bundesliga Partner Portal without undue delay.

1.2 No charge

The use of the Bundesliga Partner Portal by the user is free of charge unless compensation is agreed for certain content by concluding a separate contract.

1.3 Use of the user name and password

The user name and password are intended for the user personally and must be treated by the user in a confidential manner and protected against access by unauthorized third parties and cannot be disclosed to third parties unless permitted otherwise in these Terms and Conditions for Use and Data Protection. The user acknowledges that as the party authorized for access, the user is responsible for all activities performed by the user or third parties using the access. The user is in particular responsible for content placed in the Bundesliga Partner Portal in the name of the user. If the user learns that unauthorized use of the user’s access authorization or other violation of these Terms and Conditions for Use and Data Protection has occurred, the user must inform the DFL without undue delay using the email address registration@bundesliga.de.

Subject to notification by the DFL, the user is required to change the password transmitted by the DFL and use a new, individual password which must contain at least eight (8) characters and at least one lower case and one capital letter as well as one numerical character.

The use of the password is for a limited time and expires at the latest after one year. A new password is required after expiration of this time, and the new password must also again contain at least eight (8) characters with one lower case and one capital letter as well as one numerical character. If this requirement is not complied with, the DFL is authorized to block access to the Bundesliga Partner Portal.

1.4 Duty to provide information when stopping activity

Authorized access to the Bundesliga Partner Portal relates to activity. The user must inform the DFL when the user stops the activity which formed the basis for the user receiving authorized access to the Bundesliga Partner Portal. This notification to the DFL must be given without undue delay after learning about the pending stop of activity and at the latest two weeks prior to stopping the activity. The user is also required to inform the DFL should he/she no longer need access to the Bundesliga Partner Portal for other reasons.

2. Authorization concept; services and content in the Bundesliga Portal

Under these Terms and Conditions for Use and Data Protection, the DFL grants access to the user to the Bundesliga Partner Portal and its individual services as well as the content provided in accordance with the authorization concept prepared by the DFL at its own discretion and the access rights granted at the discretion of the DFL in accordance with that concept.

The DFL expressly reserves the right to completely or partially modify, supplement, completely delete or temporarily or finally stop publication of the services and content of the Bundesliga Partner Portal without prior announcement. The user has no claim for permanent availability of all services and content. The possibility for use can be limited and/or temporarily interrupted as a result of maintenance work and/or the further development of the individual services and content. The possibility that user registrations may also be lost in extreme situations cannot be ruled out (loss of data).

3. Placing content by the user

3.1 Content placed by the user

The user is required to carefully research and examine content placed by the user in the Bundesliga Partner Portal in accordance with the authorization concept (Clause 2), and the user is responsible for the accuracy and completeness of the content placed by the user in the Bundesliga Partner Portal. The DFL draws attention to the fact that content made available by the user in the Bundesliga Partner Portal generally cannot be checked unless there is an obligation to do so under mandatory law. The user will indemnify the DFL against any claims of third parties asserted against the DFL based on providing false or incorrect content in the Bundesliga Partner Portal by the user. Furthermore, the DFL is authorized to delete content if the content violates the provisions of these Terms and Conditions for Use and Data Protection.

3.2 Improper use of the Bundesliga Partner Portal

The Bundesliga Partner Portal cannot be misused. The following points in particular are not permitted:

• intentionally entering false data in the systems of the Bundesliga Partner Portal;

• unauthorized actions in the Bundesliga Partner Portal;

• violating regional, national or international law or applicable sports law; this also applies for any type of regulation having the nature of law which are applicable during the use of the Bundesliga Partner Portal in connection with the use of the Bundesliga Partner Portal;

• placing content protected by copyright, media law, patent law, naming rights, trademarks or other legally protected content without the consent of the holder(s) or the rights; especially no content, descriptions and presentations protected by intellectual property rights can be stored, published or distributed without the user having the required rights for this purpose.

Should suspicion of improper/prohibited use of the Bundesliga Partner Portal arise, the company data protection manager of the DFL will conduct an examination. The data protection manager will engage in further investigations, where necessary. A violation of the Terms and Conditions for Use and Data Protection can result in termination of the use. The DFL reserves the right in such situations to inform the association, Club or employer to which the user belongs about the termination and the underlying reasons.

The user will indemnify the DFL against any third-party claims asserted against the DFL based on the violation of rights of third parties by the user or content placed by the user in violation of the law or these Terms and Conditions for Use and Data Protection.

4. Copyrights and intellectual property, grant of rights and use of content

4.1 Copyrights and intellectual property to the content provided in the Bundesliga Partner Portal

The content provided in the Bundesliga Partner Portal (Clause 2), in particular photographic and video material and the logos of the DFL and the Clubs, are subject to German copyright and the laws protecting work product, brand and trademark rights as well as other laws protecting intellectual property. The DFL reserves all available rights to the content in the Bundesliga Partner Portal, including especially the rights under § 87b of the German Copyright Act [Urheberrechtsgesetz, “UrhG”].

4.2 Content placed by the League Association or the DFL

The user is permitted to use the content in the Bundesliga Partner Portal only in the context of and in accordance with these Terms and Conditions for Use and Data Protection, especially in accordance with the provisions on confidentiality and data protection as well as the applicable provisions in the law. The content and scope of the user’s authorization for use are determined by

• the (license) contract concluded between the user and the League Association or the DFL, or

• the specific intended purpose set forth for the respective individual content to be downloaded in the Bundesliga Partner Portal, or

• express written consent of the League Association or the DFL granted to the user in advance (email is sufficient).

The use of content in the Bundesliga Partner Portal for other purposes is not permitted. In the case of a violation, the DFL reserves the right to all forms of legal remedies, especially a claim for damages.

4.3 Content placed by the user

The user grants to the League Association/DFL irrevocable, non-exclusive comprehensive rights of use, exploitation and rights concerning the protection of work product needed for using and exploiting the content placed by the user expressly for the League Association and/or DFL in the portal, including all related intellectual property rights for all types of use without any restriction in terms of time , territory and content, if not expressly agreed otherwise between the user and the League Association/DFL in a specific case. The League Association/DFL are especially authorized to reproduce, distribute, process and apply this content to other forms of presentation and otherwise modify, update and supplement the content and to distribute the content in unchanged and changed form and to publically communicate the content through cable and wireless and to sublicense the content. The above grant of rights relates also to the types of use which are not yet known at the time the content is placed in the portal in accordance with § 31a UrhG and § 32c UrhG.

The scope of rights granted to a user to the content placed in the portal for the user by another user is determined by the agreements made by both respective users in the specific case.

The user waives all payments of royalties in any form and does not assert any claims for compensation with regard to the content placed by the user in the portal.

4.4 Communication by the DFL

The DFL is entitled to communicate the content placed by the user in the portal to third parties and/or to delete the content if this is permitted or required by provisions in these Terms Conditions for Use and Data Protection, agreements made with the users or statutory provisions or orders by courts or public authorities. This also applies for disclosing user data in accordance with the provisions in these Terms and Conditions for Use and Data Protection.

5. Confidentiality and data protection

The Bundesliga Partner Portal provides content which is subject to confidentiality and applicable provisions on data protection, especially in the German Federal Data Protection Act [Bundesdatenschutzgesetz, "BDSG"] as well as the German Telemedia Act [Telemediengesetz, "TMG"]. The user undertakes to maintain confidentiality and comply with the provisions on data protection set forth in Clauses 5.2 to 5.4 as part of the user's responsibility for complying with the duty set forth in Clause 5.1.

5.1 Confidentiality

The content provided in the Bundesliga Partner Portal, also to the extent not specifically marked, must generally be treated as confidential to the extent that publication and/or other communication of the content to third parties has not been expressly approved in advance by the DFL or the relevant content, based on its substance and purpose, is intended from the very beginning for publication and communication to third parties. All content provided in the Bundesliga Partner Portal and documents and data files provided by the DFL must accordingly be carefully preserved. Care must be taken that third parties cannot obtain access and that the content will be deleted immediately as soon as it is no longer required for the intended purpose. Communicating accessed information, documents and records to users who have no access authorization for the relevant section of the Bundesliga Partner Portal and/or to third parties can only take place in accordance with provisions in data protection law (Clause 5.2) and then only if the DFL has expressly consented in writing to the disclosure.

5.2 General provisions on data protection, consent

The DFL as well as the user undertake within the scope of their responsibilities when using the Bundesliga Partner Portal, to comply with the applicable provisions on data protection, especially in the BDSG as well as the TMG.

Personal data must be protected in accordance with the data protection provisions in the law. Personal data for purposes of § 3 para. 1 BDSG are those data which contain information about the person and the circumstances of a specific natural person or person who can be identified. Such personal data in the Bundesliga Partner Portal consists especially of the lists of contact partners, telephone lists as well as lists of bans on visiting stadiums.

The DFL is authorized under § 28 para. 1 BDSG to collect, store, process and communicate to the users of the Bundesliga Partner Portal personal data relating to the Bundesliga Partner Portal in accordance with provisions on data protection for the purposes of operating the Bundesliga and Bundesliga 2 as well as the other business activity of the DFL.

The user expressly consents to use of the user’s personal data collected upon registration, specifically, the address and function data, accordingly in the Bundesliga Partner Portal and giving access to these data to other users of the Bundesliga Partner Portal in accordance with the authorization concept (Clause 2) to the extent that this is necessary for operating and marketing the football licensed leagues.

The user can revoke his or her consent to the communication, use and granting access to the user’s personal data for the above mentioned purposes at any time by telephone, in writing or electronically. In the case of an electronic objection, the email with the corresponding content must be addressed to registration@bundesliga.de.

If the above mentioned personal data are further communicated by the DFL or a user through an electronic channel, these data must be protected with a password.

5.3 Web analysis by Google Analytics

In the Bundesliga Partner Portal, the DFL uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies. Cookies are text files placed on a user’s computer to help the Bundesliga Partner Portal analyse how users use this portal. The information generated by the cookie about the user’s use of the Bundesliga Partner Portal (including the user’s IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information on the DFL's behalf for the purpose of evaluating the user’s use of the Bundesliga Partner Portal, compiling reports on portal activity for website operators and providing other services relating to portal activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the user’s IP address with any other data held by Google.

The DFL has followed the procedures recommended by the German Data Protection Authorities to protect the user’s privacy, including measures to anonymise/shorten the user’s IP address as far as possible (see the English version). Therefore the user’s IP address will be shortened by the "IP-Anonymise"-function for the use within the European Union/European Economic Area, only in exceptional cases will the full IP address be transferred to and shortened in the United States.

The user may refuse the use of his/her data using a browser plugin provided by Google by following this link. Also the user may refuse the use of cookies by selecting the appropriate settings on his/her browser. However, the user has to note that if he/she does this he/she may not be able to use the full functionality of the Bundesliga Partner Portal.

The user can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be placed on the computer, which prevents the future collection of your data when visiting this website: Disable Google Analytics

Further information about the Google privacy terms can be found under the following links: Google Analytics Terms of Service or Google Analytics Overview.

Please note that on this website, Google Analytics code is supplemented by "gat._anonymizeIp();" to ensure an anonymized collection of IP addresses (so called IP-masking).

5.4 Web analysis for statistically analysis of the speed of the Bundesliga Partner Portal

Furthermore, the DFL uses a plugin of the performance analysis services of New Relic Inc. ("New Relic") which enables the DFL to statistically analyse the speed of the Bundesliga Partner Portal.

When a user visits a page of the Bundesliga Partner Portal which contains such a plugin, his/her browser builds a direct connection to the server of New Relic. Therefore, the DFL has no influence in the scope of data collected by New Relic and informs the user according to its current information.

By integrating the plugin, New Relic receives the information that a user has accessed the corresponding page of the Bundesliga Partner Portal. If the user is logged in at New Relic, New Relic may assign the user's visit to the Bundesliga Partner Portal to his/her account at New Relic. If a user is not a member of New Relic, there is still the possibility that New Relic will detect and store his/her IP address.

The purpose and scope of data collection and the further processing and use of data by New Relic, as well as the corresponding rights and settings to protect the privacy of users, can be found in New Relic's privacy policy under: https://newrelic.com/privacy.

If a user is a member of New Relic and does not want New Relic to collect data about them in order to combine them with the member data stored by New Relic, the user must logout of New Relic before visiting the Bundesliga Partner Portal.

5.5 Use for other purposes

The use of the email and address data or other personal data of users of the Bundesliga Partner Portal for purposes other than those set forth in Clauses 5.2 and 5.3 is not permitted.

6. Protocols and monitoring

The DFL reserves the right to protocol the use of the Bundesliga Partner Portal for the purpose of monitoring and compliance with the provisions in these Terms and Conditions for Use and Data Protection as well as for any correction of errors. The connection data for the access to the Bundesliga Partner Portal will be protocolled for this purpose using information about the date/time, address of the user and used content and pages. In addition to use for the purposes of this Agreement, the protocols will be only used for the following purposes:

• analysis and correction of technical errors

• guaranteeing system security

• optimization for the user

• statistical determination of total use volume, and

• analysis in the course of monitoring misuse under the following Clause 10 of these Terms and Conditions for Use and Data Protection.

The DFL reserves the right to view samples of the protocols. Access to the protocols is limited to the data protection manager of the DFL and the persons entrusted with administration of the system.

7. Liability of the user

The user is liable for all violations of these Terms and Conditions for Use and Data Protection and the duties assumed in these Terms and Conditions as well as for all violations of provisions in the law and resulting claims. The user is especially liable for the damages resulting from culpable unauthorized use of the Bundesliga Partner Portal by a third party using the user’s user name. The user undertakes to indemnify the DFL and enterprises connected commercially with the DFL against claims of third parties resulting from the user having violated these Terms and Conditions for Use and Data Protection.

8. Liability of the DFL

8.1 No guarantee for the accuracy of the content in the Bundesliga Partner Portal

All content provided in the Bundesliga Partner Portal is carefully researched. However, the DFL does not assume any express or implied responsibility or guarantee for the timeliness, correct content, completeness or other quality of the provided content. This applies especially for the content placed by the users of the Bundesliga Partner Portal (Clause 3.1).

8.2 Links

The Bundesliga Partner Portal contains links to third party websites in the form of so-called “links” or “hyperlinks” (the “linked websites”). Since the DFL has no influence on the current and future content of the linked websites, the DFL hereby expressly distances itself from all content on the corresponding websites. This declaration expressly applies for all current and future links installed within the Bundesliga Partner Portal or by the users as well as links that have been installed or are installed in the future by third parties on the provider’s website.

Therefore, the DFL cannot be held responsible either directly or indirectly for illegal, incorrect or incomplete content on linked websites. The DFL is especially not liable for tangible or intangible damages resulting from the use or non-use of the content of a linked website or from merchandise or services procured from linked websites.

8.3 Other liability of the DFL

The following provisions on liability apply for the performance rendered free of charge by the DFL in the Bundesliga Partner Portal and content which is not the subject of a separately concluded contract involving remuneration.

The liability of the DFL for damages, regardless of the legal basis and type, is excluded unless the damages are based on intentional or grossly negligent misconduct. This applies especially for damages of a tangible or an intangible nature which have been caused by the use or non-use of the information offered in the Bundesliga Partner Portal or by using obsolete, incorrect, incomplete information or information which otherwise has poor quality, and liability is excluded for indirect damages.

The DFL assumes no liability for all content provided by users or other third parties. This also applies for the loss or misuse of data if this is the result of emissions or incorrect use of data protection by the user.

The limits on liability do not apply to any intentional or negligent injury to physical integrity, life, or health or liability under the German Product Liability Act [Produkthaftungsgesetz] for which the DFL is responsible.

The DFL assumes no warranty that the Bundesliga Partner Portal or the servers which make the Bundesliga Partner Portal available have no viruses or other harmful elements. The use of the Bundesliga Partner Portal is especially at the user’s own risk, and the user is especially solely responsible for any loss of data or damage to the user’s computer system. The user must provide for appropriate, problem-free and current virus protection on the user’s computer.

The extent to which the liability of the DFL is excluded or limited also applies for the benefit of the League Association and the enterprises affiliated with the DFL under §§ 15 et seq. of the German Stock Corporations Act [Aktiengesetz, “AktG”] as well as against board members and members of other corporate bodies, the employees, representatives and/or agents of the League Associaction, the DFL as well as the enterprises affiliated with the DFL under §§ 15 et seq. of the AktG.

9. End of use

9.1 Regular termination by the user

Subject to duties to the contrary owed to the user’s association, club or employee, the user is entitled at any time to terminate the use in writing without stating reasons. Notice of termination by email must be addressed to the email address registration@bundesliga.de.

9.2 Regular right of termination for the DFL

The DFL can terminate the use by giving two weeks’ notice by email to the registered email address of the user. The use also ends when the association, club or employer to which the user belongs cancels the access authorization for the user and notifies this accordingly to the DFL (Clause 1.3).

9.3 Extraordinary notice of termination of use for just cause [“wichtiger Grund”]

The right to give (immediate) notice of termination for just cause remains unaffected. This especially applies in the event that the user materially and/or in a sustained manner violates the rules on use of the Bundesliga Partner Portal and/or other duties of the user.

9.4 Right of the DFL to provide information

The DFL reserves the right to inform the association, club or employer to which the user belongs about the notice of termination and the reasons behind the termination. If a user’s access to the Bundesliga Partner Portal is blocked or cancelled by the DFL, the user can no longer access the Bundesliga Partner Portal unless the user has received express approval from the DFL in the form of text after the block was imposed.

10. Amendments to the Terms and Conditions for Use and Data Protection; termination of use

10.1 Amendment of the Terms and Conditions for Use and Data Protection

The DFL reserves the right to amend these Terms and Conditions for Use and Data Protection if the change in the Terms and Conditions for Use and Data Protection is reasonable for the user after taking into account the interests of the DFL. Amendments to the Terms and Conditions for Use and Data Protection will be announced by the DFL no later than two weeks prior to them taking effect using the internet domain of the Bundesliga Partner Portal at partner.bundesliga.de.

10.2 Termination of use in the case of a change

If the user does not agree to the change in the Terms and Conditions for Use and Data Protection, the user has the right to give immediate notice of termination of the use at any time. The change in the Terms and Conditions for Use and Data Protection is deemed to have been approved if the user continues to use the service one month after the change takes effect. The DFL will specifically point this out when announcing the change.

11. Final provisions

11.1 Jurisdiction; applicable law

Jurisdiction for disputes arising under or in connection with the use of the Bundesliga Partner Portal is in Frankfurt am Main to the extent an agreement on jurisdiction is legally permissible. The law of the Federal Republic of Germany, excluding all norms which refer to another legal system, applies. The application of German rules of conflict [Internationales Privatrecht] as well as the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

11.2 Severability clause

If parts or specific language in these General Terms and Conditions for Use and Data Protection are not consistent, no longer consistent or no longer completely consistent with the applicable law, the other parts of these Terms and Conditions for Use and Data Protection remain unaffected by this with regard to their content and validity. Apart from the invalid part or the invalid language, language is supposed to apply which comes as close as possible to the original language.

© 2016 DFL Deutsche Fußball Liga GmbH