Terms and conditions

 

– STARTER and KICKER –

Valid from 01/2018

§ 1 Contractual partners

The contractual partners are STARTER and KICKER UG (haftungsbeschränkt) (referred to below as STARTER and KICKER), Könneritzstrasse 92, 04229 Leipzig and any customer who is not a consumer within the meaning of § 13 BGB (German Civil Code).

§ 2 Subject of the contract

(1) The subject of the contract is the provision of a right to the customer to use the STARTER and KICKER app.

(4) The provider will provide the customer with the access data for identification and authentication required for the use of the software. The customer is not permitted to transfer this access data to third parties.

§ 3 Contracts and offers

(1) Subject to any separate arrangement, the contract comes into effect when the user begins to use the app.

§ 4 The customer’s duties and obligations

The customer will carry out all the duties and obligations required to implement the contract. In particular he or she

1. must keep secret the relevant access data, protect it from access by third parties and not pass it on to unauthorized users. Such data must be protected by appropriate and customary measures. The customer will inform the provider immediately if it is suspected that the access data and/or passwords may have become known to unauthorized persons.

2. must comply with the restrictions/obligations with regard to the rights of use under § 5, in particular

a. not to access or cause to be accessed any information or data without authorization, or to interfere or cause interference with any programs operated by the provider, or to penetrate the provider’s data networks or have them penetrated without authorization;

b. not to misuse the exchange of electronic messages possible within the framework of the contractual relationship and/or by using STARTER and KICKER;

c. must indemnify STARTER and KICKER against claims by third parties which are based on an illegal use of STARTER and KICKER by the customer or which result from data protection, copyright or other legal disputes caused by the customer which are connected with the use of STARTER and KICKER;

d. must oblige the authorized users to comply with the provisions of this contract applicable to them;

4. must ensure that he/she

observes all rights of third parties to the material used (e.g. when transmitting the texts/data of third parties to the provider’s server);

§ 5 Rights of use

(1) Rights of use to STARTER and KICKER

(a) The customer will receive from STARTER and KICKER the non-exclusive (non-sublicensable and non-transferable) rights of use limited to the term of this contract in accordance with the following provisions.

(b) The customer can use STARTER and KICKER exclusively via the app in connection with Internet access.

(d) If STARTER and KICKER makes new versions, updates, upgrades or other new deliveries during the term, the above rights will also apply to these.

(e) The customer will not be entitled to any rights not expressly granted to the customer above. In particular, the customer is not entitled to use STARTER and KICKER beyond the agreed scope of use or to have STARTER and KICKER used by third parties or to make STARTER and KICKER accessible to third parties. In particular, it is not permitted to sell STARTER and KICKER or to provide it for a limited period of time, and in particular not to rent or lend it out.

(2) Obligations of the customer for safe use

(a) The customer must take the necessary precautions to prevent the use of STARTER and KICKER by unauthorized persons.

(b) The customer is responsible for ensuring that STARTER and KICKER is not used for racist, discriminatory, pornographic, politically extreme or otherwise illegal purposes, or purposes that endanger the protection of minors or violate official regulations or requirements, or that such data, in particular application data, is created and/or stored on the server.

(c) The customer must comply with copyrights, patents, intellectual property, image rights, name rights, utility model protection and all other property rights agreed by law.
Should there be any disputes with third parties in relation to the customer, the app content of the respective customer will be suspended with immediate effect.

(3) Infringement of the provisions of Sections (1) and (2) by the customer

(a) If the customer violates the provisions of Section (1) or (2) for reasons for which he is responsible, the provider may block the customer’s access to STARTER and KICKER after prior written notification of the customer if the violation can be demonstrably remedied by taking this action.

(b) If the customer unlawfully violates Section (2) letter (b), the provider is entitled to delete the data or application data affected by this. In the event of an unlawful violation by the user, the customer must immediately submit to the provider with all information required to assert claims against the user, in particular the user’s name and address. If in spite of a written warning from the provider the customer continues to violate or repeatedly violates the provisions in Section (1) or

(c) If the customer violates the regulations from Section (2) (c) and disputes with third parties arise for the customer, the app content of the respective customer will be suspended with immediate effect. All disputes on this point are to be settled outside STARTER and KICKER. In the event of a clear legal judgment or with the consent of the plaintiff, the content will be released again. The customer will bear all costs for the procedure and any expenses incurred by STARTER and KICKER.

§ 6 Payment terms; arrears

(1) The fee for the use of STARTER and KICKER PRO must be paid by customers in accordance with the STARTER and KICKER PRO schedule of charges.

(2) The usage fee is billed monthly in advance.

(3) STARTER and KICKER will be entitled to increase the agreed prices for the contractual services by a reasonable amount every 12 months to compensate for increases in personnel ‐and other costs. The provider will announce these price increases to the customer in writing or by email. Price increases always apply only going forward and cannot be charged retroactively to the customer.

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§ 7 Contractual period, termination

(1) The contractual relationship begins with the booking of the STARTER and KICKER PRO services and is concluded for an indefinite period.

(2) The contractual relationship may be terminated by either party with immediate effect.
The customer has no right to a refund of STARTER and KICKER PRO services already paid for.

(3) Extraordinary termination due to or in connection with a breach of duty is only possible after prior written warning with an appropriate period of notice of not less than 14 days. If the party entitled to terminate the contract has been aware of the circumstances justifying the extraordinary termination for more than 14 days, it may no longer base the termination on those circumstances.

(4) Notwithstanding the provision of Paragraph 3, the provider may terminate the contract without notice if the customer fails to make the monthly payment. This will also result in a total loss of content, contacts and chat history for the customer.

§ 8 Liability

(1) The customer is fully liable for his/her contents.

(2) All content or cooperation agreements exchanged between starters and kickers do not concern STARTER and KICKER and are therefore neither in the care of nor the responsibility of STARTER and KICKER.

(3) Otherwise, a party will only be liable if it has violated an essential contractual obligation. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage. The strict liability of STARTER and KICKER for damage (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded; Paragraphs 1 and 2 remain unaffected.

(4) Liability for loss of data will be limited to the typical cost of recovery that would have been incurred if backup copies had been made regularly and in accordance with the risks involved.

§ 9 Data protection

(1) The parties must observe the applicable provisions of data protection law, in particular those applicable in Germany, and oblige their employees working in connection with the contract and its execution to data secrecy in accordance with § 5 BDSG, unless they are already under a general obligation to do so.

(2) The provider takes technical and organizational security precautions and measures. In particular, the provider will protect the services and systems within its access as well as the application data stored on the server and any other data relating to the customer against unauthorized access, storage, alteration or other unauthorized access or attack – whether by technical measures, viruses or other harmful programs or

(3) data or through physical access – by employees of STARTER and KICKER or third parties, no matter how they occur. To this end, it will take the appropriate and customary measures under the latest technology, in particular virus protection and protection against similar harmful programs, as well as other security measures relating to its facilities, including protection against burglary.

(4) The transmission of personal data takes place using Secure Socket Layer (SSL) and AES-256 bit encryption to prevent unauthorized access. Credit card data is not stored, but collected and processed directly by our payment service provider. We secure our website and other systems through technical and organizational measures against loss, destruction, access, alteration or distribution of data by unauthorized persons. Access to a customer account is only possible after entering a personal password. Customers should always keep their access information confidential.

(5) Under no circumstances will we pass on personal data, including email addresses, to third parties. Excluded from this is the publication of data required by law.

(6) Personal Data will deleted by the provider upon users request. The request can be issued via email to: kontakt@starterandkicker.com with subject: delete data

§ 10 Analysis

Why we collect information:

(a) Provision, improvement and permanent further development
Through the use of information we are able to provide content in a personalized way and to optimize usability.
The data provides us with important information about usage and software performance and thus forms the basis for permanent solution optimization and further development.

(b) Extensive free offer:
the integration of advertising partners enables us to operate our company and to offer users a comprehensive free service in addition to the STARTER and KICKER PRO variant. A partner never receives personal user data (e.g. name, email, telephone numbers, address, etc.)

(c) What types of information do we collect?
We collect content and other information that you provide when using our services, including your registration, creation or sharing of content.

We work with third-party companies that help us provide and improve our services; they also use advertising or similar products that enable us to operate our businesses and provide free services to people around the world. A partner never receives personal user data.

If we have locational information, we use it to customize our services for you and others; for example, by providing you with radius-related services.

We conduct surveys and studies, test features that are still under development, and analyze the information we have in order to evaluate and improve products and services, develop new products or features, and perform audits and troubleshooting activities.

(d) New owner:
If the ownership or power over all or any part of our services or assets changes, we may transfer your information to the new owner.

(e) Advertising, measurement and analysis services (non-personal information only).
We want our advertising to be as relevant and interesting as the other information you find on our services. With this in mind, we use all the information we have about you to display relevant advertisements to you. Without your permission we will not share any information with advertising, measurement or analysis partners who can personally identify you (such personally identifiable information is information such as your name or email address that can be used to contact or identify you independently). We may provide these partners with information about the reach and effectiveness of their advertising, but without providing information that personally identifies you.

(f) Google Analytics:
This website uses Google Analytics, a web analytics service provided by Google Inc. „(„Google“). Google Analytics uses „cookies“, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymization is enabled on this website, Google will previously truncate your IP address within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link.
In view of the discussion about the use of analysis tools with complete IP addresses, we would like to point out that this website uses Google Analytics with the extension „_anonymizeIp()“ and therefore IP addresses are only processed in abbreviated form in order to exclude direct personal references.

(g) Use of Facebook social plugins
This app uses, for simplified registration, so-called social plugins („plugins“) of the social network Facebook , which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA („Facebook“). The plugins are marked with a Facebook logo or the addition „Social plugin from Facebook“ or „Facebook social plugin“. An overview of the Facebook plugins and their appearance can be found here.
When you access a page of our app that contains such a plugin, your browser connects directly to Facebook’s servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the website by it.
By integrating the plugins, Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook account or are not logged in to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there.
If you are logged into Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by pressing the „Like“ button or commenting, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.
Facebook may use this information for the purpose of advertising, market research and tailoring Facebook pages to meet your needs. Facebook creates usage, interest and relationship profiles for this purpose, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.
If you do not want Facebook to associate the information collected through our website with your Facebook account, you must log out of Facebook before visiting our website.
It is also possible to block Facebook social plugins with add-ons for your browser, for example with the „Facebook Blocker“.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights in this regard and setting options to protect your privacy can be found in Facebook’s data protection information..
(h) Use of Google social plugins
Google Plus: to simplify registration, our app uses the „+1″“ button of the social network Google Plus, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States („Google“). The button can be recognized by the sign „+1″ on a white or colored background.
If you call up a website of our Internet presence that contains such a button, your browser establishes a direct connection with the servers of Google. The content of the „+1″“ button is transmitted by Google directly to your browser and integrated into the website by it. We therefore have no influence on the extent of the data that Google collects with the button. According to Google, no personal data is collected without a click on the buttons. Only with logged-in members is such data, among other things the IP address, collected and processed.
For the purpose and scope of data collection and the further processing and use of the data by Google, as well as your rights in this regard and setting options to protect your privacy, please refer to Google’s data protection information on the „+1″- button and the FAQs..
If you are a Google Plus member and do not want Google to collect information about you via our website and link it to your Google stored member information, you must log out of Google Plus before visiting our website.
(i) Use of content for advertising purposes or presentations.
STARTER and KICKER is, without limitation, entitled to use all user / app content (images and text) for advertising, presentation purposes or press releases.

§ 11 Force majeure

None of the parties is obliged to fulfill the contractual obligations in the event and for the duration of force majeure. In particular, the following circumstances will be regarded as force majeure in this sense:

● fire/explosion/flood not culpably brought about by the party,

● war, mutiny, blockade, embargo

● industrial action lasting more than 6 weeks and not culpably brought about by the party
● technical problems of the Internet for which the party is not responsible

§ 12 Closing provisions

(1) The contractual relationship will be governed by German substantive law to the exclusion of the UN ‐Convention on Contracts for the International Sale of Goods.

(2) The customer’s general terms and conditions do not apply.

(4) There are no supplementary provisions outside this contract and its annexes. Amendments or supplements to this contract and the annexes must be made in writing in order to be effective.

(5) The possible invalidity of individual provisions of this contract will not affect the validity of the remaining content of the contract.

(6) If omissions arise in the practical application of this contract which the contracting parties have not provided for, or if the invalidity of a provision within the meaning of Paragraph 4 is determined legally or by both parties in mutual agreement, they undertake to fill in or replace this omission or invalid provision in an objective, appropriate manner aimed at the economic purpose of the contract.

(7) STARTER and KICKER is entitled to perform the services through third parties as subcontractors.

(8) The customer can only transfer rights and obligations from this contract to a third party with the prior written consent of the provider.

(9) The exclusive place of jurisdiction for all disputes arising from and in connection with this contract will be Leipzig, unless a standard mandatorily stipulates a different place of jurisdiction.

 

You can contact STARTER and KICKER UG (haftungsbeschränkt) as follows:

Online: kontakt@starterandkicker.de

Post:
STARTER and KICKER UG (haftungsbeschränkt)
Könneritzstrasse 92
04229 Leipzig
Germany

Contact
+49 162 476 16 49

Könneritzstr. 92, 04229 Leipzig

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