POACHER Sports GmbH, In der Taufe 7, D-51427 Bergisch Gladbach

Terms

General terms of use of POACHER Sports GmbH

Welcome to POACHER Sports! Below you will find our General Terms of Use (GTC) of POACHER Sports GmbH (POACHER). The GTC apply to the use of the website www.poacher-sports.de, as well as all applications associated with this website and the services offered on it.

By registering with POACHER, you confirm that you have read, understood and accepted the GTC. All services offered by POACHER are used exclusively on the basis of the following GTC.

 

I.  Usage relationship – establishment & termination

  1. By registering on our website or in another way, in particular by clicking the “REGISTER” button or similar on our website, which enables access to the services offered by POACHER, you agree that between you and POACHER a legally binding contract is concluded. The subject of the contract is the use of our website and all of the services we offer. If you do not agree to these conditions or the conclusion of the contract, you should not register or use our services in any other way. The contract is concluded with POACHER Sports GmbH. You can find the contact details of POACHER Sports GmbH as well as further information about the commercial register data or the names of the authorized representatives in our imprint or at the end of these conditions.
  2. POACHER pursues the purpose of connecting amateur footballers, coaches and clubs from all over Germany and would like to give the players and clubs the opportunity to present themselves with a high quality external image. So we offer clubs and players the opportunity to get in touch. In addition, POACHER enables press institutions to publish news and content, which in turn enables players and clubs to consume it. The social network is the core application of our
  3. Registration is free of charge. The use of our services is also free of charge, unless you choose our premium offer. For this see III. 7th
  4. When registering, it is mandatory that you enter your first and last name completely and correctly. You must also provide a valid email address when registering. It is up to you whether you want to provide further
  5. The termination of the user relationship is possible at any time. You do not have to comply with a notice period. The termination can be made by deleting the user account. Each party to the usage contract is entitled to extraordinarily terminate the contract for good cause. Such an important reason exists for POACHER even if you violate the provisions of these GTC despite a warning. The termination by POACHER can be done by blocking your user account. POACHER reserves the right to carry out an identity check in the event of your termination in order to prevent unauthorized termination by third parties. With regard to the premium offer from POACHER see III. 7th
  6. Both as a visitor and as a registered user of our offers, you are subject to thecollection, use and disclosure of your personal data. This data collection takes place on the basis of our data protection declaration. We reserve the right to update the data protection declaration on an ongoing basis. The currently valid version of our data protection declaration applies.
  7. POACHER reserves the right to change the contract concluded between you and POACHER, these GTC or our data protection declaration. If there are significant changes, we will notify you via our service or the email address you provided. This notification is intended to give you the opportunity to review the changes that have been made. You have the right to delete your user account if you do not agree with the changes. Should you continue to use our services after the change and a corresponding notification, this is to be understood as consent to the updated conditions from the date they come into force.
  8. POACHER also reserves the right to discontinue individual services or parts thereof at any time without prior notice.
  9. You are not authorized to transfer a user account to a third party. Something different only applies if an express written agreement has been concluded between you and POACHER.

 

II.  Right of withdrawal

  1. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of clear statements. A letter or an email is. You can reach us at: POACHER Sports GmbH In der Taufe 7 51427 Bergisch Gladbach Germany
    Tel .: 0152/52953757 info@poacher-sports.de
  2. If you withdraw from this contract, we will immediately send you all payments that you may have made to us, including all costs associated with the contractual relationship (e.g. delivery costs). H. Refund at the latest within 2 weeks from the day on which we receive your revocation. For this we will use the payment method that you used in the original transaction. Something else only applies if you have expressly agreed something else with us. We will not charge any fees for the reimbursement. If you have requested that our services should begin during the withdrawal period, you have to pay us an appropriate amount for the provision of our services during the withdrawal period, which corresponds to the portion that was used up to the point in time at which you were from exercising his You have exercised the right of withdrawal compared to the total scope of the services provided in the contract.
  3. There is no right of revocation in your favor if you were predominantly commercial or self- employed when concluding the legal transaction and are therefore to be regarded as an entrepreneur (§ 14 BGB).
  4. You expressly agree that we will start performing our services before the end of the withdrawal period.

 

III.  Your obligations when using POACHER

  1. In order to be able to use our services, you agree to the following conditions:
  2. You are at least 16 years old.
  3. You only create a POACHER user account that you can use with your created real names.
  4. You have not yet received POACHER from using our services excluded or limited.
  5. The creation of a user account by providing false information or contrary to the conditions mentioned under item 1 constitutes a violation of our terms and conditions. This also includes accounts that are opened in the name of others or for persons under the age of 16. According to these conditions, the minimum age is 16 years. Should the law require a higher age, however, so that POACHER you can lawfully provide its services without parental authority Can make consent accessible, “minimum age” means the age required by law.
  6. If it is possible that you use the POACHER services by means of a user name, this must not consist of an e-mail or Internet address. The username must not violate the rights of third parties, in particular no name or trademark rights, not offend against common decency and not be vulgar, racist or in any other way insulting or otherwise degrading.
  7. You are responsible and liable for all activities that are carried out using your user account. For this reason, you are obliged to keep your password secret and to secure access to your user account. If you have any indications that a user account is or has been misused by a third party, you must delete this user account and, if necessary, create a new one. POACHER must be informed immediately of any misuse. You are only liable if you have violated a duty of care. Otherwise you are not
  8. POACHER will inform you about changes according to I.7. and keep up to date with other information. To do this, you consent to POACHER sending you messages and messages. You are obliged to keep your contact details up to date. POACHER will contact you in the following ways: a. Within our service b. The contact details you have provided (email address, mobile phone number, Address)
  9. You have the opportunity to share news and information in many ways through our services. You can send messages and information e.g. Share via your profile, group posts, links to articles, messages and chats. However, POACHER is not obliged to publish information or content on our services. POACHER is entitled to remove information and / or content without prior notice.
  10. If you purchase the premium offer from POACHER, which is subject to a fee, you agree to the additional conditions for the premium offer and agree to pay us the corresponding fees and taxes. If you do not pay the corresponding fees and taxes, the premium offer will be terminated. You will receive an invoice by
  11. You are obliged to ensure that the publications you have made, in particular the publication of image and video files, only take place if you have the rights of use for the photo or video, including the right to make it publicly available over the Internet. Should you subsequently become aware that your publication was not lawful, you are obliged to delete the publication immediately and to inform POACHER of this
  12. If you should violate an obligation from the user contract or the General Terms and Conditions, you are obliged to indemnify POACHER from all third-party claims resulting from these violations. POACHER is entitled to release your personal data to third parties if POACHER suspects that your publication has violated the rights of third parties. POACHER is also entitled to disclose your personal data to third parties if POACHER is used by these third parties for one of your publications. You agree to the transmission of your personal data.

 

IV.  Rights

  1. POACHER assumes no liability for the content, data, other publications, information and content published by users in the services offered by POACHER on linked websites that are operated by third parties. This applies to the truthfulness of the content, that it fulfills a specific purpose or can serve such a purpose. You are responsible for all content published by you (texts, data, photos, photo series, videos, links (hereinafter: publications) that you publish on POACHER or otherwise use via the services provided by POACHER).
  2. POACHER does not check the publications you have made. The publications you have made on the website or other services of POACHER do not reflect your opinion or other connections to POACHER and POACHER expressly distances itself from these publications. POACHER only offers you a platform and does not participate in the communication between users. This does not apply if POACHER takes action in individual cases. Such an activity can be assumed when POACHER starts communication (moderation). The simple mention of POACHER does not establish a connection with a publication. It is external content from POACHER
  3. Should you conclude contracts with other POACHER users about the services offered by POACHER, in particular the social network, POACHER will not become a contractual partner of these contracts. Any other involvement of POACHER in these contracts is also excluded. POACHER’s liability for contracts concluded through our services, whether due to a breach of duty or any other breach of contractual obligations, is also excluded.
  4. The publications you make must be legal. You are responsible for ensuring that your publications do not violate applicable laws and that no third party rights are violated. In particular, you are obliged not to make any publications that violate criminal law, copyright law, competition law, trademark law, personality law or youth protection laws as well as other commercial property rights.
  5. You are expressly prohibited from making publications that are insulting, defamatory, threatening, obscene, harassing, racist, National Socialist, for illegal purposes, advertising for anti-constitutional organizations, glorifying or belittling drugs, glorifying or belittling war or violence against Offending morality, offending good manners or good manners, grossly offensive, pornographic or sexual in nature, harmful to minors, extremist, promoting a terrorist or extremist political association, calling for a criminal act, defamatory, punishable or otherwise illegal, party or contain political propaganda.
  6. You agree that POACHER may save, use, reproduce, distribute, exhibit, make publicly available, change and translate all publications you have made. You also agree that POACHER may store personal data that you provide in accordance with our privacy policy and its actions.

 

V.  POACHER’s liability

  1. POACHER is not liable for the publications of its users. Liability is particularly excluded for the publication of external third-party sites (links).
  2. POACHER cannot guarantee the constant availability and functionality of its website and other services. You acknowledge that. However, PAOCHER endeavors to keep the website and other services available as constantly as possible. POACHER assumes no liability for failures, data loss, incorrect transmissions, disturbances in the quality of access to the services or other impairments when using the website or other services. POACHER is particularly entitled to discontinue the website or other services in whole or in part with effect for the future. This does not give rise to liability.
  3. POACHER is only liable for illegal publications in accordance with §10 of the Telemedia Act if POACHER is aware of the illegal publication or if facts or circumstances are known from which the illegal publication becomes apparent and POACHER did not take immediate action to remove the information or to block access to it as soon as it became aware of it.
  4. POACHER has unlimited liability for damage to life, limb or health that is based on a breach of duty by POACHER. This also applies if POACHER has guaranteed a quality and the lack of this quality results in damage. POACHER is also liable in the event of malicious behavior. Finally, POACHER has unlimited liability for damage resulting from willful and / or grossly negligent actions by its legal representatives and / or vicarious agents.
  5. POACHER’s liability in the event of slight negligence in the event of a breach of essential contractual obligations is limited to the amount of foreseeable damage typical for the contract. Essential contractual obligations are those obligations of the contract, the fulfillment of which makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties can regularly rely. Otherwise, POACHER’s liability is excluded.

 

VI.  data protection

  1. You consent to POACHER collecting, processing and / or using your personal data. Regardless of your consent, this also applies if this is permitted by
  2. If you transmit your personal data to other users via the services offered by POACHER, you do so at your own risk. POACHER assumes no liability for

 

VII. Other provisions

  1. POACHER is entitled to commission third parties to fulfill the contractual obligations in whole or in part, unless otherwise expressly agreed. Even in this case POACHER remains responsible for the contractual obligations. POACHER is entitled to transfer rights and obligations from the user contract or from other legal bases in whole or in part to third parties.
  2. POACHER is entitled to send you statements by email or letter. This does not apply if something else is expressly agreed in the GTC or expressly.
  3. POACHER does not take part in a dispute settlement procedure before a consumer arbitration board.
  4. German law shall apply to disputes arising from or in connection with the services offered by POACHER, these GTU or the existing user relationship, as well as all other offers. International, in particular European private law, as well as UN sales law are excluded.
  5. If a place of jurisdiction can be effectively agreed, the place of jurisdiction for all disputes arising from matters in which POACHER is involved is
  6. Place of fulfillment is the seat of POACHER Sports GmbH.
  7. Should individual provisions of these GTC be or become ineffective, or should these GTC contain a loophole, this does not otherwise affect the validity of these GTC. Rather, instead of the invalid or missing provision, such an effective provision is deemed to have been agreed as the parties to the contract would have made according to the (economic) purpose pursued by them with this agreement had they considered the point.

 

 

POACHER Sports GmbH
In der Taufe 7
51427 Bergisch Gladbach Germany

Tel .: 0152/52953757
info@poacher-sports.de

Management: Marcel Andrijanic, Noel Below, Oliver Ioannou, Yannik Jaeschke

Register court: Cologne District Court, HRB 102014, place of jurisdiction is Cologne