Terms and Conditions
Handball-Bundesliga GmbH, Edmund-Rumpler-Strasse 4, 51149 Cologne ("HBL") offers a fantasy manager game called "START7". In this game, registered users ("Users") can assemble their own desired team from real handball professionals from LIQUI MOLY HBL and compete in virtual leagues against friends or other players. Points are awarded based on the performance of the individual players in real life. The game is available for use on internet-enabled mobile devices ("app") on iOS and Android. The Terms and Conditions listed here apply without exception to the business relationship between HBL and the users.
1. SCOPE OF APPLICATION
The following terms and conditions apply to the use of all online offers, content, functions and services within the Handball Manager app START7 in the operating systems offered (iOS, Android), as well as the landing page www.start7.de (hereinafter collectively referred to as "Products").
The use of START7 is possible after free registration to the basic version or after purchase of a paid premium version. If the rules for participation in the game differ between the basic and premium version, this is indicated.
2. ACCESS AND REGISTRATION
In order to use the app, an internet-enabled mobile device is required.
To participate in START7, the user must register. After downloading the app from the App Store (Apple) or the Play Store (Google), registration in the app takes place via a central registration service in the form of a single sign-on solution, whereby the user submits his first and last name, a valid e-mail address and a password. For the registration process, the information provided may need to be verified as part of our security processes. With the single sign-on, we enable the user to access additional services provided by HBL after a one-time registration and authentication, thus saving the user separate logins to the individual services.
After successful registration via the single sign-on, the user is requested to enter a unique user name (mandatory field). On a voluntary basis, the user can also upload a profile picture.
By registering, the user guarantees the accuracy and timeliness of all required information (especially the e-mail address). In case of changes, the user is obliged to update his data immediately. In case of incomplete or incorrect data in the mandatory fields, HBL reserves the right to delete the respective user. However, the user can create a new user account by entering his data completely and correctly.
All communications from us will be made by e-mail to the user's last registered e-mail address. We are not responsible if a user does not receive messages sent by us, unless we are guilty of gross negligence or willful misconduct in the transmission of the message.
The content posted by users in the public area of their profile, in particular, for example, the user and league name, texts and photos, will be made available to other users if necessary, in the context of the game.
The user has no legal claim to the conclusion and execution of the contract for the products. In particular, HBL reserves the right to discontinue products temporarily or permanently at any time without giving reasons and without prior notice, or to expand their scope. HBL may refuse the User's registration or exclude a User from use at any time.
If registration has already taken place and a contract has been concluded, however, this shall only apply if there is an objective reason for doing so, in particular, for example, if
- there are reasonable doubts as to the correctness or completeness of the user data or as to the authority of the active user and the user has not dispelled the doubts immediately at his own expense after being requested to do so by HBL by submitting suitable evidence;
- there is a legal reason for exclusion.
If the user decides to delete his START7 account via the app, his user account in Single Sign-On will not automatically be deleted as well. The user can delete the user account at any time via the user administration in the Single Sign-On at https://account.liquimoly-hbl.de/.
3. IDENTITY AND COPYRIGHT OF THE USER
In the case of a simple registration, HBL cannot technically determine with certainty whether the registered user is actually the person the user claims to be. HBL therefore does not guarantee the actual identity of the user. Users must therefore satisfy themselves as to the identity of other users, if necessary.
Users undertake not to use any insults, criminal content, politically motivated, racist, discriminatory or offensive names and content, pornography and coarse language in their user and league names, as well as posts and texts, to bear sole responsibility for the content they post, not to infringe the rights of third parties (in particular trademark, copyright and personal rights) and to fully indemnify HBL against claims by third parties triggered by their posts or chosen names. If users choose an undesirable user name, HBL reserves the right to remove the user completely and without comment.
Content may only be posted by users if they are the authors and/or possess sufficient rights (such as rights of use and, if applicable, exploitation rights) for this use and if they are permitted to use it, in particular to reproduce it in public, make it available to the public, edit it and sublicense it.
If content is posted, in particular e.g. photos on which other persons in addition to users can be recognized, this may only be done if the consent of the third person(s) has been obtained.
Users are in particular prohibited from:
- unreasonably harass other users (in particular through spam) e.g. send game invitations to e-mail addresses of other players whose presumed consent for this has not been given.
- to post content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) or to advertise, offer or distribute goods or services protected by law without being entitled to do so and without having been granted permission to do so by the HBL.
- to distribute and publicly reproduce third party generated content of the Game outside of the Game, if and to the extent that this is not done through the functions of the Game provided for this purpose; in doing so, own user generated content may be redistributed, unless it infringes the rights of third parties or contains parts of the Game.
- to perform actions that are likely to impair the functionality of the infrastructure of the Game, in particular to place an excessive load on it.
- block, overwrite, modify or copy the Game as a whole or individual functions of the Game, unless this is necessary for the proper use of these services.
- Engage in or promote any anti-competitive activity, including progressive user advertising (such as chain, snowball or pyramid schemes).
HBL accepts no responsibility whatsoever for the content, data and/or information provided by users of the Game or for content on linked external websites. In particular, it is not guaranteed that this content is true, serves a specific purpose or can serve such a purpose. In the event that users become aware of any use of the Game that is contrary to law or to the terms of this Agreement, HBL must be informed immediately.
By posting content in the public area of the user account, users grant HBL a royalty-free, sublicensable simple right of use to the content within the scope of the game as well as its promotion, with the right to use the content in all known ways. The granting is made at the same time for all unknown types of use. The aforementioned right of use includes, in particular, the right to reproduce, distribute, translate, rent, exhibit, perform, publicly display and make available (wireless or wired), broadcast, combine with other works or products (including advertising), edit and use such combined or edited works to the extent set forth above in connection with the Game.
In case of violations of the listed points, the user can be blocked by HBL at any time without giving reasons. There will be no refund of paid amounts. In addition, any subscription membership must be terminated by the user and will not be automatically terminated by HBL.
The products have an availability of 24 hours a day. However, there may be temporary interruptions in availability due to updates and maintenance required for the system, due to repairs, or due to the introduction of new equipment. Interruptions in availability may also occur due to force majeure or other causes for which we are not responsible, such as intent or gross negligence on the part of third parties.
We do not guarantee uninterrupted availability of the products and, in the event of availability problems, we will endeavor to remedy any disruptions for which we are responsible without delay. This does not, however, include any claim to the rectification of availability problems.
We point out:
- that it is technically impossible to provide the products free of errors of any kind,
- that errors may lead to the temporary disconnection of the Products,
- that the availability of the products is dependent on conditions and services beyond our control. We shall not be responsible for any malfunctions falling within this scop
As the owner of the Products, we reserve the right to change, delete or add to the content provided at any time without prior notice or to discontinue the operation of the Products altogether. In the event of discontinuation of the Products, we shall be entitled to extraordinarily terminate any contracts that may still be in existence, with reimbursement of any advance payments received.
5. GAME MODES AND MEMBERSHIPS
START7 can be played for free (basic membership) or for a fee (premium membership). Premium users are provided with added value (direct points accounting, "live league" and "live game day" feature, access to advanced statistics, no third party advertising content, viewing other users' lineups). Basic users can participate in one league. Premium users can participate in up to 10 leagues simultaneously.
After registration the user gets 30 days premium status for free. After the 30 days the player has to decide whether he wants to continue playing as a basic or premium user. To make this decision, a selection window is displayed within the app 30 days after registration. The user can only continue playing once he has made a decision.
After the 30-day trial period, use of the premium version is subject to a fee and is available in the following subscriptions: 1,99€ per month or 17,99€ per year.
To download the app from the App Store, at least iOS 13 or, if downloading from the PlayStore, at least Android OS 6 must be installed on the end device. When the app is installed, the user is linked to the App Store or Google Play Store and memberships are managed exclusively via the respective App Store. The user is responsible for the management of the memberships via the App Store. Termination at the end of the respective term is possible at any time in accordance with Apple or Android guidelines. If the subscription is not cancelled, it will be automatically extended by the respective term upon expiration. Payment is made exclusively via the App Store or via the Play Store via in-app purchase. The respective terms and conditions of the providers apply. If the user decides to delete his START7 account via the app, his membership in the App Store is not automatically terminated.
The activation of the added value of the paid premium membership can take up to 7 days depending on the payment option and availability of the Apple / Google services. As a rule, the activation takes place immediately and within a few minutes.
In the basic version of the app, which can be used free of charge, the user may also be presented with advertisements or other contributions from third parties. HBL reserves the right to formally review this content prior to publication on the product in question, without being obligated to do so towards the user.
6. SECURITY PROVISIONS AND USER'S DUTY OF CARE
The servers used by HBL are protected by state-of-the-art firewalls. However, the user is aware that there is a risk that third parties may be able to access transmitted data. The confidentiality of the data transmitted in the context of the use of the products can therefore not be guaranteed.
The data stored on the servers used by HBL are secured by a state-of-the-art back-up system. The user shall nevertheless ensure that his own data relevant to him is backed up in a suitable manner. It is the user's responsibility to check his own data backup.
The user may only use his personal access data and password himself. The user is obliged to keep his personal access data and password secret and to protect them from unauthorized access by third parties. The login data may not be shared with third parties or made accessible to them. The user is responsible for keeping his personal login data and password secret.
In particular, the user is obliged
- to refrain from actions which endanger or disturb the products and/or the products as well as their respective integrity.
- to set up and maintain the necessary data security precautions during the entire term of the contract. This applies in particular to the careful and conscientious handling of his personal access data and password; and
- to cooperate in the investigation of attacks by third parties on the Products and/or the Products.
In the event of suspected misuse by a third party, the user will inform HBL immediately. As soon as HBL becomes aware of the unauthorized use, it will block the access of the unauthorized third party. HBL reserves the right to change personal access data and the password of a user; in such a case HBL will inform the user immediately.
We provide the user with support for technical questions, for receiving the fault and error message and troubleshooting of simple problems from Monday to Friday from 09:00 to 17:00 (except on holidays) by e-mail at firstname.lastname@example.org.
For suggestions and questions, the user can also contact us at the above e-mail address.
8. RESERVATION OF RIGHT TO MAKE CHANGES AND FEATURE ENHANCEMENTS
We reserve the right to make changes or additions to the free features at any time and without prior notice to the offer and these terms and conditions of participation under the conditions set out below, if such a change is reasonable for the user, taking into account our interests, and we have a reason to change these conditions. This shall be done in compliance with the notice periods, which shall be observed.
Expressly excluded from the foregoing power of amendment is any amendment which would result in a change in the character of the main contractual service owed by us. In such a case, HBL will notify the user of the changes to the conditions and offer to continue the contractual relationship under the then changing conditions.
A reason for the change exists,
- if the change is merely beneficial or neutral;
- if the change is purely technical or due to our operating procedures, unless it has a significant impact;
- to the extent that we are required to bring the Terms into compliance with applicable law, in particular if the applicable legal situation changes;
- insofar as we introduce additional services, services or service elements that require a service description in the Terms and Conditions, unless the existing user relationship is adversely changed as a result.
Changes to these terms and conditions based on the reservation of the right to make changes (with the exception of changes to the content) will be communicated to the user by us by e-mail to the last registered e-mail address at least 30 days before the changes take effect. The amended terms and conditions shall be deemed accepted if the user does not object to the validity of the amendments to these terms and conditions within 14 days of receipt of our notification via e-mail to email@example.com. We undertake to separately inform the User of the significance of this period in the aforementioned e-mail (in particular, that the amended Terms and Conditions shall be deemed accepted by the User if the User does not object to the new Terms and Conditions within the period after receipt of the e-mail).
9. DATA PROTECTION
After successful registration with START7 and receipt of your e-mail address, we reserve the right to send you direct advertising for our own similar goods or services in accordance with the German Act Against Unfair Competition (§ 7 Para. 3 UWG). You are entitled to object to these mailings at any time. In addition, we will inform you of changes and news about START7 via your e-mail address within the scope of our legitimate interests.
The provisions of the data protection notice apply, which can be viewed at the following link.
We always strive to ensure that the Products we provide are available without interruption and are error-free. Occasionally, we may need to interrupt the Products for updates and maintenance (Section 4). Although the products are created and provided in accordance with industry-standard standards of care and to the best of our knowledge and belief, we do not warrant the timeliness, accuracy, completeness or quality of the content provided.
Liability claims, as far as no personal injuries are concerned, against us, which were caused by the use of incorrect and/or incomplete contents, are in principle impossible, if we did not act roughly negligently or deliberately. This does not apply in the case of damages resulting from injury to life, limb or health or the culpable breach of essential contractual obligations, i.e. obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the user may rely (so-called cardinal obligations). In the event of a breach of material contractual obligations that is not due to intent or gross negligence, our liability, as well as that of our vicarious agents and assistants, shall be limited to the damage that was typically foreseeable as a possible consequence of the breach of contract at the time the respective contract was concluded.
We would like to point out that the transmission of files on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this regard, our liability is excluded.
11. Industrial property rights, misuse and malware
HBL owns all intellectual property rights as well as all intellectual property rights in the elements of the present products (both the App and the Website), including but not limited to data, databases, software, texts, trademarks, logos, color combinations, structure and design, as well as the data and databases generated by users when playing START7.
Participation in START7 is for personal use. Commercial use or resale is prohibited without the prior written consent of HBL. Users may further not create and/or publish their own database that includes substantial portions of the content provided by us in the App without our express written consent.
Users may not manipulate the game or use technical devices that give users an advantage over their fellow players.
In particular, the following are prohibited
- the use of software or mechanisms that can influence the function and the course of the game in an inappropriate way or change the game experience in an inappropriate way.
- the use of software that plays the game in place of the player.
- the taking of measures that may result in an unreasonable or excessive load on technical capacities.
- the blocking of content or the implementation of measures that overwrite or modify the content of the game or otherwise interfere with the game in a disruptive manner.
- the creation of cheats, mods and/or hacks and/or their use, as well as the use of any other software produced by third parties that alters the game experience of the Game.
- the use of software that enables "data mining" or otherwise intercepts or collects information related to the Game.
With respect to all damages, costs and expenses, including legal fees arising from your negligent or intentional misrepresentation, act or omission in connection with your use of the App and any claims made by third parties based on your negligent or intentional use of the Products in violation of these Terms, you shall indemnify us without limitation.
Damages also include liabilities we have to our affiliates.
14. DISPUTE RESOLUTION
The European Commission's online dispute resolution platform is available at: https://ec.europa.eu/consumers/odr.
HBL is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board. We prefer to resolve your concerns in a direct exchange with you.
15. FINAL PROVISIONS
Version 1.0: 01/2023