Terms of use
to the prediction game of Tippevent.de
- Scope of the Terms of Use
- Pfeffermond GmbH (hereinafter referred to as “Pfeffermond”), Glashütter Str. 104, 01277 Dresden, provides the prediction game software (application) “Tippevent” on the Internet for creating prediction leagues and organising prediction games, which requires registration by the user. If the General Terms and Conditions of Sale and Delivery and the Supplementary Terms and Conditions of Delivery for Software of Pfeffermond (in the version valid at the time of conclusion of the contract) do not contain sufficient provisions, the following terms and conditions of use shall apply to this application.
- Pfeffermond reserves the right to change the terms of use. The user will be informed of changes by e-mail or when logging in. These are deemed to be agreed if the user does not object within four weeks.
- Registration; Revocation
- When registering the user undertakes to provide only truthful information and to keep this information up to date. The user can make updates himself in his user account. The user is advised that legal declarations within the scope of this contract of use may also be sent by e-mail, which is why he/she must in particular keep his/her e-mail address up to date.
- The registration will be confirmed to the user of the application at the e-mail address provided by him/her, thereby concluding the contract of use.
- Private users may revoke this contract of use within two weeks of receipt of the confirmation e-mail without stating reasons by sending an e-mail to kontakt@tippevent.de. The timely dispatch of the email is sufficient to meet the deadline. The right of withdrawal expires according to § 312d (3) BGB (German Civil Code) if Pfeffermond starts to provide the service with the user’s explicit consent before the end of the withdrawal period. This is the case if the user uses his account before the expiry of the two-week revocation period. Pfeffermond will confirm the revocation by e-mail, block the user account concerned and block or delete the data provided by the user.
- Subject of performance
- Upon registration a so-called user account is created for the user for which he can activate himself with the user name and password specified in the confirmation e-mail (so-called log-in).
- The registered user may receive Pfeffermond’s newsletter as an additional service. This additional service can be cancelled at any time at kontakt@tippevent.de.
- With the access the user does not receive a claim to certain functionalities, but only the possibility to register for the available functionalities. Furthermore, Pfeffermond is entitled to change functionalities within the bounds of what is reasonable insofar as this means a further development of the application or is technically (e.g. in order to increase the availability of the service) or legally necessary.
- Pfeffermond guarantees the highest possible time availability of the application. Not included in this time are interruptions within reasonable limits necessary for the maintenance of the system, as well as an interruption due to force majeure or unavoidable causes.
- Duties of the user; rights of use
- The user shall not disclose his password and account to third parties and shall protect them from access by third parties. The user is liable for any misuse of his account for which he is responsible.
- The user may only use the services provided for his own purposes.
- The user undertakes to respect the rights of third parties, including the rights of Pfeffermond. He is therefore prohibited in particular:
- send or post data which, due to its type, nature, size or number, is capable of damaging or blocking the operation of the data centre or the data network of Pfeffermond or computers of other third parties, or of spying on or damaging data contained therein (e.g. through viruses, Trojans, spam e-mails);
- In connection with the use of the application, to take actions or disseminate content that violate the rights of third parties (e.g. copyrights, trademark rights, personal rights) or violate applicable legal provisions, in particular applicable criminal laws, provisions for the protection of minors or provisions under competition law. In particular, he/she is prohibited from disseminating racist, violence-glorifying, insulting, credit-damaging or obscene content.
- Insofar as the user himself posts content, he grants Pfeffermond the revocable, spatially and temporally unlimited right to make the content available for retrieval. Pfeffermond is not obliged to store or keep these contents available for him. In this respect the user is obliged to store the data himself for his own purposes or to secure it in another way.
- Blocking/deletion of content; release from liability by the user
- If Pfeffermond is informed by a third party or becomes aware itself that content infringes the rights of third parties or is otherwise illegal, Pfeffermond is entitled to block this content. If this concerns content posted by the user, Pfeffermond will immediately inform the user of the blocking and give him/her the opportunity to refute the accusations.
- Should a claim be made against Pfeffermond by a third party, a court or an authority due to culpable behaviour on the part of the user, in particular due to a culpable breach of the obligations mentioned in clause 4, the user undertakes to indemnify Pfeffermond against any claims and to bear the costs of legal defence. Pfeffermond will inform the user immediately of the assertion of such claims. The user will support Pfeffermond in the defence of these claims to the best of his ability. If the user does not fulfil this obligation within a reasonable period of time to be set by Pfeffermond, Pfeffermond is entitled to settle the attack of the third party at its own appropriate discretion, taking into account the factual and legal situation as it appears to Pfeffermond. The costs of this settlement will be borne by the user, even in the event that the settlement subsequently proves to be disadvantageous due to information not provided by the user.
- Duration
- This user agreement runs for an indefinite period.
- It can be terminated by the user at any time with one month’s notice and by Pfeffermond with one month’s notice to the end of the month by e-mail. For this purpose, the user will always keep his e-mail address up to date. He himself can send a notice of termination to the postal address of Pfeffermond or by e-mail to kontakt@tippevent.de.
- Data privacy
Pfeffermond is entitled to store and process the personal data of the user and the third party for whom the content is intended for the purposes of the user contract. - Reference permission
In the event of participation, Pfeffermond is entitled to list the user or the company specified during registration by name and with the company logo in publications (e.g. on the website) as a reference. This right can be revoked at any time.