Terms and Conditions for the website ESPORTS.COM
(1) The website www.esports.com (hereinafter: Website) is a portal on which visitors (hereinafter: Users) receive information and educational content as well as entertainment with regard to “eSports” and according activities (hereinafter: Service). The following Terms & Conditions (hereinafter: T&C) (compare section A) apply to the use of said Website.
(2) Esports.com Group AG, Ziegelhaeuser Landstr. 1, 69120 Heidelberg (Germany) ([email protected]) is the operator of the Website (hereinafter: Esports.com). Esports.com reserves the right to change these contact details.
(3) In addition to the information on “eSports” given on the Website, Esports.com offers additional services to Users, which, however, requires prior registration. For such registered users (RU) additional regulations apply (compare section B).
A. General Terms & Conditions
Article 1 Use and rights of use of the services on the Website
(1) The User is only allowed to use the content available on the Website for personal use.
(2) The User is allowed to download and print content, if such a possibility is available as a functionality. All rights to the content remain with the original copyright holder (Esports.com, registered user or the respective third party).
Article 2 Protection of content and responsibility for content
(1) The content available on the Website is predominantly protected by copyright or other intellectual property rights and is the property of Esports.com, registered users or other third parties who provide the respective content. The compilation of the content as such may be protected as a database (Sections 4 (2) and 87a (1) UrhG). The User may only use this content in accordance with these T&C as well as within the framework specified on the Website.
(2) The content available on the Website which originates from registered Users or other third parties has not been checked upfront for completeness, correctness and legality and therefore the Website does not assume any responsibility or guarantee for the completeness, correctness, legality and timeliness of the third party content. This also applies with regard to the quality of third-party content and its suitability for a specific purpose, and also to third party content on linked external websites.
Article 3 Prohibited Activities
(1) The Services available on the Website are intended exclusively for non-commercial use by the Users. Any use for or in connection with commercial purposes is prohibited to the User, unless such use has been expressly permitted in writing or via email by Esports.com. Unauthorized commercial use includes in particular:
- all offers and applications of remunerated content, services and/or products, both of the User and those of third parties,
- all offers, applications and activities with a commercial background such as contests, sweepstakes, exchanges, advertisements or snowball systems, and
- any electronic or other collection of identity and/or contact information (including email addresses) from other members (e. g. for sending unsolicited email).
(2) It is further prohibited to edit all or part of the content available, to modify, translate, present or demonstrate, publish or exhibit, to reproduce or distribute the content available on the Website. It is also prohibited to change or remove any logos or trademarks used by Esports.com, as well as any copyright or other proprietary notices attached by Esports.com.
(3) Furthermore, the User is prohibited from taking any action which is liable to interfere with the smooth operation of Esports.com, in particular to overburden Esports.com's systems.
(4) Should the User become aware of any illegal, abusive, contravening contract or otherwise unauthorized use of the portal, he/she must contact Esports.com. Esports.com will then check the process and take appropriate steps if necessary.
(5) If there is a suspicion of illegal or criminal acts, Esports.com is entitled and, if necessary, also obliged to check the User's activities and, if necessary, to take appropriate legal action.
Article 4 Limitation of liability
Should the use of the services provided to the User on the Website result in the development of damages (including the retrieval of free content), Esports.com is only liable, if the damage is due to the use of the free content of the Website in consent with these T&C and only in cases of intent (including malice) and gross negligence by Esports.com.
Article 5 Data protection
Article 6 Amendments to the Terms and Conditions
Esports.com reserves the right to amend these T&C at any time with immediate effect.
Article 7 Miscellaneous
(1) Unless expressly stated otherwise in these T&C, all declarations made during participation on the Website shall be made in writing or via email.
(2) Should any provision of these T&C be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, an effective provision shall be deemed to have been agreed upon which comes closest to the economic purpose intended by the parties.
B. Additional Regulations for Registered Users
Article 1 Registration, handling of access data, termination
(1) In order to be able to use all activities which are offered on the Website, the User must register an account to become a RU. The registration requires a minimum age of 12 and every RU is requested to only register once. The registration is free of charge.
(2) The RU assures that the information provided by him as part of the registration process is complete and correct and that, in the event of a change of information, he will immediately notify Esports.com of the change or update the information in his profile. Furthermore, RU shall ensure that he carries out his registration either for himself or as an authorized representative of a legal entity. Once all requested data have been provided, they will be checked for completeness and plausibility by Esports.com. If Esports.com is of the opinion that the information provided by the User is correct, Esports.com sends an email to the User in which he has to confirm the registration. After this confirmation, Esports.com grants the access requested by the User and notifies the User thereof by email. The email is considered as acceptance of the application for participation as RU. Upon receipt of the email, the User is entitled to use the Website as RU in accordance with these T&C (Regulations A & B).
(3) During the registration process, the User will be asked to provide a username, his email address, a password, his first and last name, his date of birth, and country of residence. With his username or e-mail address and password, the RU can log in to the Website. It is the responsibility of each RU to ensure that the username does not violate the rights of third parties. The access data including the password must be kept secret by RU and must not be made accessible to unauthorized third parties. Furthermore, it is the responsibility of the RU to ensure that the access to the Website and the use of the services available on the Website is exclusively carried out by the RU himself or by the persons authorized by RU. If there are indications that unauthorized third parties have gained or will gain knowledge of the access data, Esports.com must be informed immediately
(4) After his registration, RU can also log in via his Facebook, Google+, Email-, Twitter or Steam Account.
(5) RU can terminate the access at any time by logging out of participation in the portal.
Article 2 Posting of content by the RU on the Website
(1) The RU may, in compliance with the following regulations, post content on the Website and make it available to all Users
(2) By posting content, RU grants Esports.com a free and transferable right of use to the respective content, in particular
- for storing the content on Esports.com's server and publishing them,
- making the content publicly accessible (e. g. by displaying the contents on the Website),
- for editing and reproduction, insofar as this is necessary for the provision or publication of the respective content, and
- to grant - also against payment - rights of use the content to third parties.
Insofar as the RU removes the content posted by him from the Website, the right of use and exploitation granted to Esports.com shall lapse. However, Esports.com remains entitled to retain copies created for security and/or verification purposes. The rights of use already granted to third parties shall also remain unaffected.
(3) The RU is fully responsible for the content posted by him. Esports.com does not check the contents for completeness, correctness, legality, availability, quality and suitability for a certain purpose. The RU therefore declares and warrants to Esports.com that he is the sole owner of all rights with regard to the content posted by him on the Website or that he/she is otherwise entitled (e. g. by an effective permission of the copyright holder) to post the content on the Website and to grant the rights of use and exploitation according to paragraph (2) above. Furthermore, the RU assures that he has obtained all necessary consents, in particular for the publication of images of third parties.
(4) Esports.com reserves the right to refuse the posting of content and/or to edit, block or remove already posted content (including private messages and guestbook entries) without prior notice, if the posted content led to a violation of these T&C. However, Esports.com will take into account RU legitimate interests and choose the mildest remedy to avert the violation of these T&C.
(5) The RU can receive eSports Reward Tokens (hereinafter: ERT) as a reward for interesting content. Such ERTs can also be purchased in advance. The current status of the ERT is displayed in the User's profile. No further use is possible.
(6) If RU uses the personal messaging option, Esports.com is not liable for the content of personal messages which are sent between RU.
Article 3 Prohibited Activity
(1) The RU is prohibited from any activities on or in connection with the Website that violate applicable law, infringe the rights of third parties or violate the principles of youth protection. In particular, the following actions are prohibited:
- the posting, distribution, offering and advertising of pornographic content, services and/or products that violate or fraudulent content, services and/or products;
- the use of content that offends or misrepresents other participants or third parties;
- the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third party rights (e.g. copyrights).
(2) Furthermore, the RU is also prohibited from performing the following activities irrespective of any violation of the law when posting his own content on the Website or communicating with other RU (e.g. by sending personal messages, participating in discussion forums or writing guestbook entries):
- the distribution of viruses, trojans and other harmful files;
- sending junk or spam mails and chain letters;
- the dissemination of offensive, sexually oriented, obscene or defamatory content or communication as well as such content or communication which is/are suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (either explicitly or implicitly in each case);
- the harassment of other Users, e.g. by multiple personal contact without the consent or against the will of the other User as well as the promotion or support of such harassment;
- the request of other Users to disclose passwords or personal data for commercial or illegal purposes;
- the dissemination and/or public reproduction of content available on the Website, unless expressly permitted by the respective author or expressly made available to you as functionality on the Website.
Article 4 Blocking of access
(1) Esports.com may block the RU's access to the Website temporarily or permanently if there are concrete indications that the RU has violated or is violating these T&C and/or applicable law, or if Esports.com has any other legitimate interest in blocking access. In deciding on blocking, Esports.com shall take due account of the legitimate interests of RU.
(2) In the event of a temporary or permanent blocking, Esports.com shall block the RU's right of access and notify RU via email.
(3) In the event of a temporary blockage, Esports.com shall reactivate the access authorization after expiry of the blockage period and notify the RU via email. A permanently locked access authorization cannot be restored. An RU who is permanently barred is permanently excluded from participating in the Website and may not re-register.
Article 5 Limitation of liability
Should the use of the services provided to the RU on the Website result in the development of damages (including the retrieval of free content), Esports.com is only liable, if the damage is due to the use of the content of the Website in consent with these T&C and only in cases of intent (including malice) and gross negligence by Esports.com.
Article 6 Amendments
Esports.com reserves the right to amend these T&C at any time with immediate effect, also within the existing contractual relationships. Esports.com shall notify the RU of such changes on adequate notice prior to the planned renewal or amendment. As part of the change notification Esports.com will inform the RU of his right of objection and of the consequences. Insofar as the RU does not object within an adequate notice of receipt of the notification and continues to use the services even after expiry of the objection period, the changes shall be deemed to have been validly agreed upon from the expiry of the period. In the event of an objection to the T&C by the RU, the registration will be terminated and the RU will be blocked from participating on the Website.