TERMS AND CONDITIONS
Scope and definitions
- These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to the contractual relationship between Tiebreak Media UG with its registered office at Zum Fleming 2, 61440 Oberursel, Germany, hereinafter referred to as “Provider“) and the User (hereinafter referred to as “User”, together also referred to herein as “the Parties”), on digital services (hereinafter referred to as “Services”), in particular but not conclusively on the provision of a technical software solution (browser application) in the conduct of e-sports events (hereinafter referred to as “Software“).
- Contradictory, deviating or supplementary general terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their validity. These General Terms and Conditions shall also apply if the Provider performs services without reservation in the knowledge of terms and conditions of the User that conflict with or deviate from these General Terms and Conditions.
- These GTC shall also apply to all future service relationships between the Provider and the User (in connection with the offered subject matter of the service) without the need for express inclusion.
- These GTC apply exclusively to the contractual service relationships between the Provider and such Users who are entrepreneurs within the meaning of § 14 BGB.
- These GTC apply from the first use of the services offered, irrespective of whether the selected offer is subject to a charge for the User.
- Where the generic masculine is used in the following provisions, this is solely for reasons of simplicity and does not imply any judgement.
Subject of performance
- The Provider offers software solutions in real time for the integration of content from the field of e-gaming on customers’ websites. The selection of the respective graphic is the responsibility of the User.
- The individual specifically owed services result from the price and service offer of the Provider.
- The User must register by means of a valid e-mail address in order to use the full range of services.
- The use of the software is subject to a fee; contents and prices result from the price and service offer of the Provider and can be booked by concluding a subscription (hereinafter referred to as “Subscription“).
- The Provider is entitled to use the help of third parties to fulfil individual or all contractual obligations.
User agreement; registration; paid subscription; termination
- The presentation of the services on the website or in advertisements does not constitute a binding offer by the Provider to conclude a contract or subscription. The User is hereby merely invited to make an offer himself by registering for the conclusion of a subscription.
- The conclusion of the contract between the Provider and the User can take place by telephone (in particular by video or video chat and/or telephone), in text form (in particular by e-mail) or in writing.
- In the case of contracts concluded by telephone between the Provider and the User, the User consents to the Provider recording the telephone call and/or video conference with the User for purposes of proof and documentation.
- The User expressly agrees not to disclose to any third party any login usernames, passwords, materials and links to which the Client obtains access under this Agreement.
- The right of the parties to terminate the contract of use for good cause (extraordinary termination) shall remain unaffected.
Duties of the User
- The User undertakes to use the functions provided by the Provider only to the contractually agreed extent.
- The User is obliged to keep his stored User information or access data up to date.
- The User is independently responsible for maintaining the technical requirements (e.g. by regularly updating the operating system used) in order to be able to use the offer in full. In the event of technical problems with the service provided, the User is also obliged to cooperate as best he can in solving the problem.
- In the event of registration, the User is obliged to keep his access data, in particular the password chosen by him, secret at all times and to prevent any unauthorized access to his User account by third parties by means of suitable measures. The User is obliged to inform the Provider immediately if there are any indications that the access data could be used without authorization. The User is liable for any misuse of the User account and/or his data.
- The User is obliged to ensure that the information and content he/she enters does not infringe any third-party rights and does not violate any statutory provisions. The provider expressly reserves the right to civil and/or criminal sanctions in the event of a breach of this provision. The User hereby indemnifies the Provider against any possible recourse claims resulting from the violation of this provision.
- The User is responsible for ensuring that the content he or she enters does not infringe the rights of third parties and does not violate statutory provisions (e.g. the Criminal Code) and/or morality. In particular – but not conclusively – unconstitutional, inciting, defamatory, racist and/or child pornographic content and/or statements are not permitted. The Provider expressly reserves the right to take criminal action against the User in such cases.
- The User acknowledges that he/she may be temporarily or permanently excluded (“deactivated”) from the offer at any time by the Provider in the event of a breach of the conditions set out here.
- The User is responsible for all content uploaded or inserted by him and must ensure that the content is not encumbered by the rights of third parties and does not violate applicable law (in particular copyright, competition, trademark, criminal, youth protection, data protection law or the like). The Provider is not obliged to check the content.
- The respective remuneration is due for the subscription, with the exception of a free test phase, provided this is offered to the User accordingly. The remuneration is generally based on the function selected by the User and the respective contract term. All prices are exclusive of VAT at the statutory rate.
- The User’s obligation to pay remuneration shall also apply in cases where the service cannot be performed for a reason for which the User is responsible. In this case, however, the Provider must take into account any expenses saved or not incurred.
- All payments to be made by the User are generally due in advance immediately after conclusion of the contract. The payment services offered shall apply. The User agrees to receive the invoice electronically.
Liability for damages
- The Provider shall be liable, irrespective of the legal grounds, within the framework of the statutory provisions only in accordance with the following clauses.
- The Provider is only liable for damages resulting from injury to life, body or health as well as for damages based on intent or gross negligence on the part of the Provider or one of its legal representatives or vicarious agents. In addition, the Provider is liable, limited to compensation for the foreseeable damage typical for the contract, for such damage that is based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. Material contractual obligations are obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose compliance the User may regularly rely.
- The Provider assumes no liability for unforeseen software malfunctions from the sphere of third parties, or technical “bugs” or data loss over which the Provider itself has no influence. The Provider endeavors to rectify any server faults as quickly as possible and to carry out maintenance work carefully. Furthermore, the Provider cannot guarantee the User that the software will always be available.
- The User shall indemnify the Provider against all third-party claims asserted against the Provider by third parties due to the User’s violation of these GTC. In this case, the User shall also reimburse the Provider for all costs incurred for legal prosecution and defense.
Data protection, confidentiality
- The processing of personal data for the fulfilment of the contractually agreed services is carried out in accordance with national and European data protection laws. The processing of personal data required to fulfil the contractual offer is based on Art. 6 lit. b DS-GVO. Beyond this, further processing of data or transfer to third parties only takes place in those cases in which the User has previously given his or her express consent or the processing/transfer is necessary for the performance of the contract and this corresponds to the interests of the User. In all other respects, the Provider refers to the data protection provisions, available at https://tiebreak.one/privacy-policy/.
- The contracting parties undertake to treat as confidential any information or documents from the other party’s sphere of business which become known to them in the course of the performance of the contract and which are not in the public domain or generally accessible. This duty of confidentiality shall continue to exist after termination of the contractual relationship.
Rights of use & transfer of rights, reference use
- The entire offer of the Provider is subject to the respective industrial property rights (such as copyright law) and is legally protected by the Provider and/or its licensors. This applies in particular to the entire data and database structure as well as to the external appearance of the website.
- All legally protected contents of the Provider as well as the entire data and database structure may not be published, reproduced, made publicly accessible or passed on to third parties without the express prior consent of the Provider. The User is granted a simple, non-transferable right of use limited in time to the duration of the contract. Any commercial use without the prior consent of the Provider is prohibited in any case.
- The assignment of the User’s rights is subject to the written declaration of the Provider’s consent.
- The Provider is entitled to make new versions and updates of the Service, in particular changes to the design, operational procedure, systems and other functions of the Service, at any time and without prior notice.
- To the extent permitted by law, the place of performance shall be Oberursel.
- Subsidiary agreements to these GTC do not exist and must in any case be in writing to be effective. This also applies to the amendment of this provision itself.
- The possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest in economic and legal terms to the intended provision.
- All disputes in connection with the use of the software, regardless of the legal reason, shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of all provisions of conflict of laws that refer to another legal system.
Status: September 2022