Legal
The following are the General Terms and Conditions (App & Website) and liability information. Hereinafter referred to as "Terms of Service".
Version 29.03.2024
1 Scope of application
1.1 These Terms of Service apply to the use of the "Prematch" app from PREMATCH Sports GmbH, Rathenauplatz 9, 50674 Cologne, Germany.
1.2 These Terms of Service do not apply to the relationship between the user and a different platform operator if the corresponding app has been distributed via this platform (e.g. the aApp sStore). However, they apply in addition to the respective provisions of the respective platform operator.
2.1 Most parts of the Prematch app can be used without registration. The user relationship between the user and Prematch is established by downloading the app and accepting the general Terms of Service. In some cases, the origin of the download is tracked during the first use in order to analysze acquisition campaigns.
2.2 Registration is required to use some additional functions. In this case, the extended user relationship between the user and Prematch is established by properly completing the registration process. Proper completion of the registration process includes, in particular, the truthful provision of all required data. Prematch reserves the right to check the data before activation and to activate it separately. After Prematch has checked the data, users will receive a confirmation email with an activation link. Activation of the account constitutes free use.
2.3 The access code and password must be treated confidentially, protected from access by unauthorized third parties and not passed on to third parties.
3.1 Prematch generally makes its app available to users free of charge. Prematch reserves the right to impose restrictions, conditions and to discontinue the service without giving reasons or notifying users. In principle, there is no legal entitlement to use of, activation of or participation in the Prematch app.
3.2 There is no claim against Prematch for the availability of the service. Prematch will endeavor to offer the services as uninterruptedly as possible. However, even with all due care, impairments to the service cannot be ruled out. Due to maintenance work and/or further development of the services, usage options may be restricted and/or temporarily interrupted. As a result, it cannot be ruled out in individual cases that users' entries may be lost.
3.3 The operation of the Prematch App requires the use of commonly used and up-to-date technologies in order to operate the website, web app or mobile app. The functionalities of the app can only be used to their full extent if the users also use these technologies and enable their use through the app. The use of older technologies or technologies that are not in general use may prevent the use of the app or only allow limited use.
3.4 Prematch reserves the right to change, supplement, remove or discontinue the information and services provided in the Prematch App as a whole at any time and without notice.
3.5 Prematch accepts no liability for the accuracy and completeness of the content in the Prematch App. Prematch does not check the posted content in advance, but only after discrepancies or legal violations have been pointed out.
3.6 Prematch calculates a fictitious market value for all adult players in the adult area (unless they have expressly objected to this). The market values are determined using various publicly available parameters (if known):
3.7 Prematch makes no claim to the accuracy or realism of the market values provided and assumes no liability for them. Prematch also assumes no liability for the accuracy of the data displayed in the app. In addition, Prematch does not check the posted content in advance, but only after discrepancies or legal violations have been pointed out.
3.8 In addition, users can claim their player profiles for themselves and adjust certain data, such as their position, shirt number and team affiliation. This and also misuse by third parties can lead to errors in the data. Every user can correct errors in their data themselves within the scope of their access rights or inform Prematch of the inaccuracy of certain data in their own profile. If the data is demonstrably incorrect, Prematch will correct the data immediately. There are no further claims against Prematch.
3.9 Prematch reserves the right to log the use of the Prematch App in order to check compliance with the provisions of these Terms of Servicethis Agreement and to rectify any errors.
4.1 The user warrants that all information provided to Prematch during registration is complete and truthful. The user undertakes to notify Prematch of any changes without delay. The user is granted the rights to use the Prematch app and the free functions.
4.2 The user acknowledges that, as the owner of an account holder, he/she is fully responsible for all activities carried out through it by him/her or unauthorized third parties.
4.3 Users are obliged to comply with the Terms of Service, in particular the Netiquette (Section 5 of this User Agreement), at all times when using the portals or apps.
4.4 In some apps or portals, it is possible to upload images and other content. Users assure Prematch that they have the necessary rights to the content that they upload to the portal or app. They grant Prematch the non-exclusive, irrevocable, transferable and sublicensable right, unlimited in time, space and content, to use the posted content in whole or in part. The right to use the posted content also extends to the publication of the posted content on other portals and appearances channels of Prematch (e.g. on the official social media accounts).
4.5 As a user, you undertake to check your content, posts and topics before publishing them to see whether they contain information that you do not wish to publish. Your content, contributions and topics may be recorded in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against Prematch is excluded.
4.6 Users indemnify Prematch against all claims by third parties that are based on illegal use of the information, services and data provided or with itstheir approval, or that arise in particular from data protection, copyright, image rights art copyright or other legal disputes associated with the use of the portal or the app. If the user becomes aware that unauthorized use of the account or any other violation of the conditions formulated here exists or is suspected, they must inform Prematch immediately.
A friendly and respectful atmosphere should prevail on the Prematch. The Prematch app must not be misused. Abusive content may be deleted. The following in particular areis not permitted:
6.1 Prematch may, at its discretion, punish repeated or serious violations of the Terms of Service by temporarily or permanently blocking the user's account. Prematch also reserves the right to terminate the user relationship with the user and delete the account.
6.2 If the user's account has been unjustly blocked by Prematch, the user may lodge a complaint within one month. The account will not be unblocked after this period.
6.2 A breach of the Terms of Service may also give rise to claims for damages or have consequences under criminal law.
7.1 The Prematch App may contain content that is protected by copyright and/or trademark law. Users are not granted any rights of use to the protected content. Users are only permitted to use the Prematch App or its content for commercial purposes if Prematch has expressly consented to this use.
7.2 In the case of app use, users receive an unlimited, revocable, simple, non-transferable right to use the app for the purposes pursued by the app with their consent ofto the Terms of Service. Users are not granted any exploitation rights. They may make copies of the app as part of data backups. No further rights to the app are granted.
8.1 Users shall be liable for all breaches of these Terms of Service and the contractual obligations assumed therein, for breaches of statutory provisions and for any resulting claims, insofar as the Ususer is responsible for these.
8.2 Users shall be liable in particular for any damage caused by unauthorized use of the Sservices by a third party with their access code/password.
8.3 Users undertake to indemnify Prematch against claims by third parties arising from violations of these Terms of Service by the user.
9.1 Since the services are provided free of charge, liability for material defects and defects of title is excluded except in cases of intent or fraudulent intent. In all other respects, the statutory provisions shall apply.
9.2 The offers may contain hyperlinks to third-party websites. Prematch accepts no responsibility for the content of these websites, nor does Prematch adopt these websites and their content as its own.
9.3 Prematch is liable without limitation in the event of intent or gross negligence for all damages caused by it and its legal representatives or vicarious agents. In the case of slight negligence, Prematch is also liable without limitation in the event of injury to life, limb or health. Otherwise, Prematch is only liable if it has violated an essential contractual obligation (cardinal obligation) to which the user would have been entitled. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.
As part of the contractual relationship, the users' personal data is processed in order to ensure performance of the contractfulfillment and execution. Detailed information on data processing can be found in the privacy notice at data protection information https://www.prematchapp.de/datenschutz
11.1 Users may terminate the user relationship at any time without giving reasons. Termination is effected by deleting the account in the respective settings. Once the account has been deleted, data cannot usually be restored. User content is not affected by the deletion of the account, but it is automatically anonymizsed.
11.2 Prematch may terminate the user relationship at any time with a notice period of two weeks. The user will be informed of this in a reasonable manner (e.g. by e-mail or push notificationmessage).
11.3 The right to terminate without notice for good cause remains unaffected. This applies in particular in the event that the user violates the rules of use for the app and/or other obligations incumbent upon him/her significantly and/or persistently and/or repeatedly. Prematch reserves the right, in the event of termination of the user relationship by Prematch vis-à-vis the user, to inform the clubresponsible association to which the user belongs of the blocking and/or termination and the reasons for it.
11.4 Prematch reserves the right to delete inactive profiles and the associated data after one year.
12.1 Prematch reserves the right to change these Terms of Service, provided that the change to the Terms of Service is reasonable for the user, taking into account the interests of Prematch.
12.2 Prematch will announce changes to the Terms of Service at least two weeks before they come into force in a manner that is reasonable for the user (e.g. by e-mail or push notification message).
12.3 If the user does not agree with the amendmentschange to the Terms of Service, he/she has the right to terminate this agreement at any time with immediate effect. The amendmentschange to the Terms of Service for the use of the app is deemed to have been approved if the user continues to use the service after two weeks. Prematch will point this out when announcing the amendmentschange.
13.1 Prematch is entitled to transfer the rights and obligations arising from this agreement to third parties. Prematch will inform users of this in a reasonable manner (e.g. by e-mail or push notificationmessage).
13.2 The law of the Federal Republic of Germany applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which they have their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods and international private law is excluded.
13.3 Should individual provisions of this agreement be or become invalid, the respective provision shall be replaced by a valid formulationworduing that best fulfills the intended purpose. The validity of this contractual agreement as a whole shall remain unaffected by this.
13.4 The European Commission's online dispute resolution platform is available at
http://ec.europa.eu/consumers/odr. Prematch is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.Liability for content
The contents of our pages have been created with the greatest care. However, we cannot assume any liability for the accuracy, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 (1) TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG, Howeverhowever, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time we become aware of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately.
Liability for links
Our website contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.
Copyright
The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution and any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
Data protection
The use of our website is generally possible without providing personal data. Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent. We would like to point out that data transmission over the Internet (e.g. communication by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible. We hereby expressly object to the use of contact data published in the context of the imprint obligation by third parties for sending unsolicited advertising and information material. The operators of the website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
Google Analytics
This website uses Google Analytics, a web analysis servicetics tool of Google IncIreland Limited (''Google''). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyzse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by 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. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
