1. Scope of this Agreement, Definitions
The following general terms and conditions (hereinafter referred to as "terms") represent the exclusive basis for the legal relationships established between Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany (hereinafter referred to as "we" or "us") and the agreement partners (hereinafter referred to as "user" or "users").
We operate an online gaming portal called GameSports. This portal consists of several websites, i.e. gamesports.net, mystarcraft.de, joindota.com and 99damage.de (hereinafter referred to as "websites").
On this websites we offer a broad range of information about online games including an online community for the users. These services include, for example, the possibility of creating a profile page, participating in forums, uploading media such as photographs, texts and participating in online game tournaments or other services (hereinafter referred to as "games", "community" or "services").
Deviating user conditions shall not be recognised, unless we provide express written consent to their validity.
We offer our services exclusively to users with respect to Sec. 13 BGB (German Civil Code). Any other commercial purposes is hereby prohibited.
At the time of registration for our services, the user explicitly guarantees that he/she is of legal age.
2. Registration & Subject Matter of our Services
Users can open a customer account by registering to our services. This is accomplished by filling out a form and providing the information requested therein. However, the user is not entitled to open an account or to publish any information whatsoever.
User accepts these terms as binding by submitting his/her application
The agreement as a contract between us and the user is considered valid when we approve the user application. Therefore we will promptly send a confirmation email acknowledging receipt of the user application to the email address provided by the user at the time of registration.
The user contract entered into between the user and us is for an indeterminate period of time. The right to terminate the contractual agreement can be practiced by either party without stating reasons.
Our community offers the possibility communicating with other users, upload and exchange photographs, videos, and other media, vote and publish comments. Therefore we store certain information and offer our users the possibility of uploading information to the Internet and creating personal profiles, etc., which can be viewed by other users of the community as well as by third parties.
The community is updated, adapted, expanded and modified regularly. For this reason, the user is only granted the right to use the current version of the respective services.
Use of the community is free unless otherwise stipulated in the description of the respective services.
3. Services offered by Third Parties
We reserve the right to refer to third party offers or digital media and to cooperate with third party services.
These third party offers are not subject to these terms.
4. User's duties
The user may not misuse our community or service(s) for illegal or unauthorized purposes. The use of programs which cause excessive server load are strictly forbidden. Recognized bugs should be reported as quickly as possible by e-mail.
The user shall not use the community or services to distribute content including but not limited to pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the user agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the user shall promptly remove any content challenged by us.
The user is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information etc which he/she uploads to our community or shares with other users. We neither condone nor approve such information. We do not have control over the uploaded content on our community and services. We do not evaluate the uploaded content before it is made public. If we learn that specific content is illegal, it will be deleted promptly.
We are entitled to remove questionable content on our own and to delete any content submitted by the user in culpable violation of the above-mentioned rules and regulations. The user has respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.
We are also entitled to exclude offending users from continued use of the community and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the user's Account without prior warning.
We reserve the right to make any further necessary and additional claims, particularly the entitlement to damages.
We will generally communicate with the user by email. Therefore the user will ensure that he/she can receive all emails sent by us to the address he/she submitted to us at the time of registration or subsequently. The user is responsible for settings and maintenance of the spam filter and for regularly checking all incoming email sent to this address, especially sent from the email address email@example.com.
The user obliges himself/herself to treat all data provided by us for the purpose of accessing the community and services (login, passwords etc.) in a strictly confidential manner. The user will inform us via email without delay if he/she learns or suspects that an unauthorized third party has gained possession of said access data. The user is solely responsible for the access to and use of his/her account.
The user will inform us via email in case he/she becomes aware of an abuse of his/her account by other users or third parties, such as making accessible or sending information which violates
The User is not entitled to transfer or sell his/her account to a third party.
5. Grant of Rights
The user maintains all rights to the uploaded content. By submitting content to our community or service(s), the user grants us a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce and distribute such information. We are authorized to use or distribute uploaded content outside of our community or service(s).
By submitting information, the user acknowledges and accepts that the uploaded content on our community can be accessed globally through the Internet. With the uploading of such information, the user agrees to these conditions.
The aforementioned license does not end at that time when the contract with the user is terminated.
We do not have control over the uploaded content on our community and services. We do not evaluate the uploaded content before it is made public.
6. Liability according to the German Teleservices Act
The user acknowledges that we disclaim any liability or warranty with respect to the uploaded content, especially regarding accuracy, completeness and reliability.
7. Limitation of Liability
Inasmuch as we provide its services free of charge, we are in no case liable other than for gross negligence or intentionally caused damage. This does not apply to liability for injury to life and limb, or in the event we have assumed a warranty.
Liability for breach of a cardinal obligation or an essential obligation is limited to the damage which could have been foreseen.
The following exclusions and limitations of liability apply with regard to our liability for damage compensation, notwithstanding the other legal claim requirements.
We assume unlimited liability if the cause of the damage is the result of intent or gross negligence.
If our liability is excluded or limited, this also applies for personal liability of employees, representatives, agents or assistants.
8. Conditions of Participation for Contests and Tournaments
As far as in our community any contests or tournaments will be carried out, separate terms and conditions may apply.
9. Data Protection
We process the user's personal data for a specific purpose and pursuant to the statutory provisions.
The user has the right to receive information on the personal data that has been saved by us about him/her, free of charge. In addition, the user has the right to amend incorrect data, block and delete his personal data provided this does not contradict any legal storage obligation.
10. Change of these conditions
We reserve the right to change or amend these terms with regard to future arrangements at any given time, provided this is deemed necessary and if the user is not put at a disadvantage in a breach of good faith.
The user will be notified in an appropriate manner in writing of the changes made to the terms. As a general rule, such announcements are usually published by email.
The user can object to the changes made in the terms within 14 days upon publishing the notification and their receipt by the user. If the user does not object to the changes made in the terms after publication and receipt of the notification of these changes in writing within 14 days and submit his/her objection(s) to us the terms which were changed or amended will be considered legally binding with respect to the user. If the user objects within the set time limit, both parties are entitled to terminate this agreement. Further claims by the User are considered hereby invalid.
11. Final Clauses
The legal place of jurisdiction is Berlin, Germany, in the event that the user changes his/her legal domicile or habitual place of residence to a location outside the Federal Republic of Germany after the contract has been concluded. These conditions also apply if the legal domicile or habitual place of residence is unknown at the time a legal action is filed.
The law of the Federal Republic of Germany exclusively applies to all contracts concluded by us based on these terms and to any further kind of claims arising thereof; to the exclusion of provisions pertaining to the UN Convention on contracts for the international sale of goods and to the exclusion of German International Private Law.
If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.