TERMS AND CONDITIONS
(as of September 19,2007, 2nd draft)
§ 1 GENERAL, DEFINITION OF TERMS
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The 1-2-sports AG operates, among other things, a search and information platform for the subject sports in general and workout in special under the domain "1-2-sports.com" in the internet, called henceforth: service. The service offers, beside information about sports stores, hotels, clubs, events,etc. also information about personal fitness and personal aims. In particular, the service comprises a community which permits their members to present themselves and their personal fitness and results with their own contents there. Other visitors and members can inspect these contents; members can directly contact other members.
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Visitors are all internet users who call up the service. Members are the visitors who have made a contract for the use of the service with the provider. Users are visitors as well as members.
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These terms and conditions apply for all current and future business relations. They apply for all services in the scope of the service.
Provider of the service is the 1-2-sports AG, Kasperackerweg 8, 90482 Nuremberg, Germany, henceforth called: provider.
§ 2 VOLUME OF SERVICES
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The provider offers a multiplicity of the possibilities for use of the service free of charge. To this belongs the registration within the service. Further options for use are available to the members in the scope of a membership liable for costs.
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The provider does not take any responsibility for the data bank of the service to contain data of persons and workout routes which may lead to a hit matching the search entry of a member. Neither does the provider take any responsibility for the success of attempts to find adequate workout partners.
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The provider places an access to a multiplicity of service features like visualization of GPS-stretches, news and ads for runners´ meeting places as well as other services at the visitors´ and members´ disposal via the internet. A permanent availability of these services cannot be guaranteed. The provider reserves the right, without prior notice to the member, to change, modify, or interrupt services finally or temporarily or to stop them altogether. During or after the termination of a membership the member is not entitled to getting back their entered information in digital form outside the service. However, the right to deletion remains
untouched hereby.
§ 3 REQUIREMENTS FOR PARTICIPATION, MAKING OF CONTRACT
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The use of the service is intended solely for people who are 12 years of age or older. On demand of the provider, the member has to transmit a sufficient proof of age (e.g. copy of the passport or identity card) to the provider. People under age always have to send the declaration of consent, prepared within the service, of one of the parents or of a guardian through telefax transmission.
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The members commit themselves, in the scope of the registration for the service, to give only truthful information about their person and to keep their data always up-to-date.
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The contract between the provider and the member for the use of the service comes about with the registration by the member. The contract for the use of services liable for a charge comes about with the order by the member. The chosen term of membership will begin at the time of release by the provider.
§ 4 COSTS OF THE SERVICES
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The registration by the member is free of charge.
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Further services are partially gratis, partially liable for costs. The prices comply to a separate price list and are always indicated clearly and transparently. All prices include the legal VAT of 19% at present.
All payments are fundamentally to be paid in advance.
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Payments can be made in advance, or paid by debit or by credit card. The member authorizes the provider to collect the due payments chargeable to an account designated by the member or to a credit card of the member. The member is obliged to notify their bank of the debit authority and to ensure that the account is sufficiently covered. The costs of a return remittance for which the member is responsible are to be paid by the member plus a further processing fee to the amount of € 5.
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The member can only come up with uncontradicted claims or claims ascertained with the force of law against the claims of the provider. The same applies for the assertion of a right to keeping back money as well as an appeal according to the §§ 634a paragraph 4, 438 paragraph 4 of the German Civil Code (BGB).
§ 5 RIGHTS AND DUTIES OF THE USERS
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It is prohibited for the user to provide, describe, transfer, or make available any kind of inadmissible contents via the service or to infringe laws or rights of third parties (rights of trademarks, name, privacy, personality, author´s right,etc.).
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The user is obliged to use the service for private purposes only. Commercial use, for example for the purpose of advertising, is not permitted. In case of an infringement the user is obliged to make a payment of an appropriate fine to the provider with exclusion of an appeal in connection with the continuation to the amount of € 1.500 per infringement. The assertion of further claims for damages is explicitly reserved.
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The contents entered by the member are the member´s own contents. The provider merely provides the system and the memory space. The responsibility for all contents which are transmitted by members via the service of the provider is borne exclusively by the offering member. The provider is not obliged to check the members´ internet-presences for possible law infringements.
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The provider reserves the right to raise spot checks about the use of the system according to the general conditions of use under observance of the legal rules. If the provider notices that a certain content infringes laws in force, the provider is entitled, without prior notice, to delete the content in question and to bar the member concerned.
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The member exempts the provider from claims for compensation from third parties as well as from all expenses which are based on the infringement of the general terms and conditions or the conditions of use by the member.
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The visitor determines, on the scale of the registration, a user name and a password, which are to be kept secret from third parties. The visitor is obliged to immediately inform the provider in written form or by telephone in case of loss of these data of identification. The member has to immediately inform the provider as soon as they gain knowledge that unauthorized third parties have knowledge of the password.
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The member transfers an unlimited right of use in place or time to the provider for the contents stored or made publicly available in the service by the particular member. The member guarantees that no rights of third parties are infringed by these contents.
§ 6 TERMINATION OF CONTRACT AND PERIODS OF NOTICE
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Free membership can be terminated any time. The termination has to be declared in written form or by deleting the profile in the members´ section.
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The membership liable to costs can be terminated by both partners in written form or online. The written notice has to be effected by registered mail and within a period of 7 days to the end of contract. The termination can also be carried out online via the members´ section of the service under the observance of a period of notice of one day. If the membership liable to costs is not terminated within this period, so the contract will be prolonged for the same period of contract originally chosen by the member.
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The contract can be terminated extraordinarily by the provider without keeping a period of notice if the member gives false information on registration and/or later change of their data, if they infringe the general terms and conditions or the conditions of use or if there is another important reason. There will be no refund of sums already paid in the case of an extraordinary termination.
§ 7 INFORMATION ABOUT CANCELLATION
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If the member is a consumer and if a contract comes about by the exclusive use of telecommunication media, so they will be able to revoke their declaration of contract within two weeks without indication of reasons in written form (e.g.letter, fax, e-mail).
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The period will start at the earliest with the reception of this information. For the keeping of the period of revocation the sending in time of the revocation to the 1-2-sports AG, Kasperackerweg 8, 90482 Nuremberg, Germany, telefax: +49 (0) 911/5048498, e-mail: widerruf@1-2-sports.com will suffice.
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In case of an effective revocation, possible received payments are to be refunded from both parties and where appropriate the benefits as well.
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The right of revocation and return expires if the provider has begun with the execution of the service with the explicit consent of the consumer before the end of the period of notice or if the consumer has arranged for this themselves.
§ 8 LIABILITY
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The liability of the provider will be limited, for slightly negligent violations of contract, to the direct contract-typical average damage predictable according to the type of contract. This applies also to slightly negligent violations of contract of our legal representatives or aides of execution.
There is no liability toward enterpreneurs for slightly negligent and insignificant violations of contract.
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The preceding limitations of liability do not concern the claims of a customer from product liability. Moreover, the limitations of liability do not apply for the promised properties and the damages to body and health if attributed to the provider or on the loss of life of the customer.
§ 9 PRIVACY
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According to § 28 of the Federal Privacy Law (BDSG), we inform you that the data necessary for the completion of the deal are processed and stored by means of an electronical data processing system according to § 33 BDSG.
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The customer explicitly consents to the raise, processing and use of person-related data. The customer has the right to revoke their consent any time with effect for the future.
Our policies of privacy apply .
§ 10 CHANGES OF THESE TERMS AND CONDITIONS
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The provider has the right to change the conditions concerning the services to be rendered according to proper discretion weighing the technical requirements and market conditions, as far as this is reasonable for the customer.
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Changes of these terms and conditions are published on the website run. The member will be informed in written form about the changes of the terms and conditions which do not come under § 11 clause 1. The changes will come into force provided that the customer won´t contradict the particular changes at the lastest 14 days after receiving the notice of change.
§ 11 FINAL CONDITIONS
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The laws of the Federal Republic of Germany apply. The regulations of the UN-right of purchase do not apply.
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If the customer is a trader, legal person of the state or public-legal special estate, the exclusive seat of court for all disputes from this contract will be Nuremberg or Dusseldorf according to the choice of the 1-2-sports AG. The same applies if the customer has no general seat of court in Germany or if the place of residence or usual place of temporary residence is not known at the time of the bringing of the action.
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