General terms and conditions
A. Provider
Kickbase GmbH, Pariser Str. 25, 81667 Munich ("Kickbase") offers a game called "Kickbase - Fussball Manager" ("Game"). Registered users ("Users") can thereby assemble their own desired team of professional soccer players and compete in virtual leagues against friends or other players. The Game is available for use on mobile devices ("App") on iOS and Android. The Terms of Use set forth herein shall apply without exception to the business relationship between Kickbase and the Players. If the rules for participation in the game differ between the app and browser version, or differ between amateur and pro and member mode, this is indicated. Additional content and services are also made available for use via the game. In order to participate in Kickbase, the user must register. Registration takes place in each case after downloading the app in the App Store (Apple) or in the Play Store (Google). A valid e-mail address must be entered for registration.
B. General
Game modes
Kickbase can be played for free (amateur manager) or for a fee (pro manager, member). As a Pro-Manager or Member you get added value (original player pictures, extended player profiles and the LIVE-MATCH-DAY).
Trial membership
After successful registration, the player receives the member status for 14 days free of charge. After the 14 days, the player can decide whether he wants to continue playing as an amateur manager, pro manager or member.
Leagues
Amateur managers can participate in up to 3 leagues or challenges. Pro managers and members can participate in up to 6 leagues or challenges.
Memberships
Use as a Member after the 14-day trial period is subject to a fee and is available in the following subscriptions:
In Germany: Pro Manager, 2.99 € per month or 26.99 € per year. Member, 4.99 € per month or 44.99 € per year. In Spain, Member, 1.99 € per month or 14.99 € per year.
In order to take out a subscription, at least iOS 8.3 must be installed on the end device when downloading from the App Store or at least Android OS 4.1 when downloading from the PlayStore. Cancellation at the end of the respective term is possible at any time in accordance with Apple or Android guidelines. If the subscription is not cancelled, it will be automatically renewed by the respective term upon expiry.
Payment is made exclusively via the App Store or via the Play Store via in-app purchase. The respective terms and conditions of the providers apply.
Paid membership
By subscribing as a member and paying the monthly fee of € 1.99, the respective added values (e.g. player pictures, statistics and live matchday) are available. The activation of the added values can take up to 7 days depending on the payment option and availability of the Apple / Google services. As a rule, the activation takes place immediately and within a few minutes.
Manager
Managers who participate in discussion forums / chat etc., write their own contributions and articles or choose their own names, undertake not to use any insults, criminal content, politically motivated names and content, pornography and coarse language in their contributions and names, to bear sole responsibility for the content they post, not to infringe the rights of third parties (in particular trademark, copyright and personal rights) and to fully indemnify Kickbase GmbH against claims by third parties triggered by their contributions or chosen names.
Identity
In the case of a simple registration, Kickbase cannot technically determine with certainty whether the registered user is actually the person the user claims to be. Kickbase therefore does not guarantee the actual identity of the user. Users must therefore, if necessary, convince themselves of the identity of other users.
Incorrect information
In case of incomplete or incorrect data in the mandatory fields, especially in case of an incorrect e-mail address, Kickbase reserves the right to delete the respective user. The user may, however, create a new user account by entering his or her data completely and correctly. The content posted by users in the public area of their profile, in particular e.g. the user and league name, texts and photos, will be made available to other users if required, in the context of the game.
Copyright
Content may only be posted by users if they are the authors and/or possess sufficient rights (such as rights of use and, if applicable, exploitation rights) for this use and if they are permitted to use it, in particular to reproduce it publicly, make it publicly accessible, edit it and sublicense it.
If content is posted, in particular e.g. photos on which other persons can be recognized in addition to users, this may only be done if the consent of the third person(s) has been obtained
Users are further prohibited in particular from:
- to harass other users unreasonably (in particular through spam), e.g. to send game invitations to e-mail addresses of other players whose presumed consent for this has not been obtained.
- to post content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) or to advertise, offer or distribute goods or services protected by law without being entitled to do so and without having received the consent for this from Kickbase.
- to distribute and publicly reproduce third party generated content of the Game outside of the Game, if and to the extent that this is not done through the functions of the Game provided for this purpose; in doing so, own user generated content may be further distributed, unless it infringes the rights of third parties or contains parts of the Game.
- to engage in actions that are likely to impair the functionality of the infrastructure of the Game, in particular to place an excessive load on it.
- block, overwrite, modify or copy the Game as a whole or individual functions of the Game, unless this is necessary for the proper use of these services.
- to undertake or promote anti-competitive actions, including progressive user advertising (such as chain, snowball or pyramid schemes).
Kickbase assumes no responsibility for the content, data and/or information provided by users of the Game or for content on linked external websites. In particular, it is not guaranteed that this content is true, fulfills a specific purpose or can serve such a purpose. In the event that users become aware of any use of the Game in violation of the law or this Agreement, Kickbase shall be notified immediately.
User content
By posting content in the public area of the user account, users grant Kickbase a royalty-free, sublicensable simple right of use to the content in the context of the game as well as its promotion, with the right to use the content in all known types of use. The granting is made at the same time for all unknown types of use. The aforementioned right of use includes in particular, but not exclusively, the following rights:
The right to reproduce, distribute, translate, rent, exhibit, perform, publicly display and make available (wireless or wire), broadcast, combine with other works or products (including advertising), edit and use such combined or edited works to the extent set forth above in connection with the Game in any manner and form.
The right to use the content in addition to the game via other Internet media and Internet-based types of use, e.g. RSS feeds, other Internet portals and communities, as well as for other end devices (e.g. for cell phones, game consoles, computers including mobile end devices such as laptops, PDAs, MDAs, etc.), to the extent of the aforementioned granting of rights.In the event of violations of the aforementioned points, the manager can be blocked by Kickbase GmbH at any time without giving reasons. There will be no refund of paid amounts. Furthermore, the subscription memberships must be cancelled by the user and will not be automatically cancelled by Kickbase.
Abuse & Malware
The participation in "Kickbase - Fussball Manager" is for personal use. Commercial use or resale is prohibited without prior consent. Users may only play the game in person. They may not manipulate the game or use technical aids that give users an advantage over their fellow players.
In particular, the following are prohibited:
- the use of software or mechanisms that may influence the function and the course of the game in an inappropriate manner or alter the game experience in an inappropriate manner.
- the use of software that plays the game in place of the player.
- the taking of measures that may result in an unreasonable or excessive load on technical capacities.
- the blocking of content or the implementation of measures that overwrite or modify the content of the game or otherwise interfere with the game in a disruptive manner.
- the creation of cheats, mods and/or hacks and/or their use, as well as the use of any other software produced by third parties that alters the game experience of the Game.
- the use of software that enables "data mining" or otherwise intercepts or collects information related to the Game.
Property rights
Kickbase GmbH owns all industrial property rights as well as all intellectual property rights to the elements of the present Application (both the APP and the Website), including but not limited to data, databases, software, texts, trademarks, logos, color combinations, structure and design, as well as the data and databases generated by the Users when playing "Kickbase - Football Manager".
Feature enhancements
Kickbase GmbH reserves the right to make changes or additions to the free features at any time and without prior notice, as long as this is not unreasonable for the user, and in compliance with the notice periods, which will be observed.
Availability
The game is available during the respective use within the framework of the technical and operational possibilities with an availability of 98.0% on a monthly average. Excluded from this are maintenance work as well as disruptions that occur outside of operations, e.g. due to severe weather or internet disruptions. Kickbase GmbH is not liable for server failures or other technical malfunctions. A claim for refund of the subscription due to technical problems is excluded if the service of the app is at 98% availability for one month.
Liability
Kickbase is liable in accordance with the statutory provisions for damages of users caused by intentional or grossly negligent conduct of Kickbase or its vicarious agents as well as for personal injury and damages under the Product Liability Act.
In all other respects, Kickbase's liability for claims for damages - irrespective of their legal basis - is limited in accordance with the following provisions, unless otherwise stipulated in a guarantee given by Kickbase:
Kickbase is liable for damages caused by slight negligence only to the extent that they result from a breach of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the users could rely. As far as Kickbase is liable for simple negligence, Kickbase's liability is limited to the typically foreseeable damage. Kickbase's liability for the loss of data and/or programs caused by Kickbase's slight negligence is limited to the typical recovery effort which would have been incurred if the user had backed up the data regularly and appropriately under the circumstances. The provisions of the preceding paragraphs shall apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses (§ 284 BGB). The above limitations of liability also apply in favor of Kickbase's vicarious agents. Kickbase is not liable for any costs incurred by users due to the use of services which are explicitly not offered by Kickbase itself. This applies in particular to costs due to data transfer to or from the users' mobile device.
Severability clause
Should any of the provisions of these Terms and Conditions of Participation be or become void, the validity of the remaining provisions of the Terms and Conditions of Participation shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.
Residency
Es gilt deutsches Recht unter Ausschluss des UN-Kaufrechts, auch wenn die Nutzer ihren Wohnsitz im Ausland haben. Gegenüber Verbrauchern gilt diese Rechtswahl nach Art 5 Abs. 2 der Verordnung (EG) Nr. 593/2008 jedoch nur soweit diesen hierdurch nicht der Schutz entzogen wird, der den Verbrauchern durch diejenigen zwingenden, d.h. nicht durch Vereinbarung abdingbaren Bestimmungen des Landes, in welchem der Verbraucher seinen gewöhnlichen Aufenthalt hat, gewährt wird. Gerichtsstand ist München.
General terms and conditions
A. Provider
Kickbase GmbH, Pariser Str. 25, 81667 Munich ("Kickbase") offers a game called "Kickbase - Fussball Manager" ("Game"). Registered users ("Users") can thereby assemble their own desired team of professional soccer players and compete in virtual leagues against friends or other players. The Game is available for use on mobile devices ("App") on iOS and Android. The Terms of Use set forth herein shall apply without exception to the business relationship between Kickbase and the Players. If the rules for participation in the game differ between the app and browser version, or differ between amateur and pro and member mode, this is indicated. Additional content and services are also made available for use via the game. In order to participate in Kickbase, the user must register. Registration takes place in each case after downloading the app in the App Store (Apple) or in the Play Store (Google). A valid e-mail address must be entered for registration.
B. General
Game modes
Kickbase can be played for free (amateur manager) or for a fee (pro manager, member). As a Pro-Manager or Member you get added value (original player pictures, extended player profiles and the LIVE-MATCH-DAY).
Trial membership
After successful registration, the player receives the member status for 14 days free of charge. After the 14 days, the player can decide whether he wants to continue playing as an amateur manager, pro manager or member.
Leagues
Amateur managers can participate in up to 3 leagues or challenges. Pro managers and members can participate in up to 6 leagues or challenges.
Memberships
Use as a Member after the 14-day trial period is subject to a fee and is available in the following subscriptions:
In Germany: Pro Manager, 2.99 € per month or 26.99 € per year. Member, 4.99 € per month or 44.99 € per year. In Spain, Member, 1.99 € per month or 14.99 € per year.
In order to take out a subscription, at least iOS 8.3 must be installed on the end device when downloading from the App Store or at least Android OS 4.1 when downloading from the PlayStore. Cancellation at the end of the respective term is possible at any time in accordance with Apple or Android guidelines. If the subscription is not cancelled, it will be automatically renewed by the respective term upon expiry.
Payment is made exclusively via the App Store or via the Play Store via in-app purchase. The respective terms and conditions of the providers apply.
Paid membership
By subscribing as a member and paying the monthly fee of € 1.99, the respective added values (e.g. player pictures, statistics and live matchday) are available. The activation of the added values can take up to 7 days depending on the payment option and availability of the Apple / Google services. As a rule, the activation takes place immediately and within a few minutes.
Manager
Managers who participate in discussion forums / chat etc., write their own contributions and articles or choose their own names, undertake not to use any insults, criminal content, politically motivated names and content, pornography and coarse language in their contributions and names, to bear sole responsibility for the content they post, not to infringe the rights of third parties (in particular trademark, copyright and personal rights) and to fully indemnify Kickbase GmbH against claims by third parties triggered by their contributions or chosen names.
Identity
In the case of a simple registration, Kickbase cannot technically determine with certainty whether the registered user is actually the person the user claims to be. Kickbase therefore does not guarantee the actual identity of the user. Users must therefore, if necessary, convince themselves of the identity of other users.
Incorrect information
In case of incomplete or incorrect data in the mandatory fields, especially in case of an incorrect e-mail address, Kickbase reserves the right to delete the respective user. The user may, however, create a new user account by entering his or her data completely and correctly. The content posted by users in the public area of their profile, in particular e.g. the user and league name, texts and photos, will be made available to other users if required, in the context of the game.
Copyright
Content may only be posted by users if they are the authors and/or possess sufficient rights (such as rights of use and, if applicable, exploitation rights) for this use and if they are permitted to use it, in particular to reproduce it publicly, make it publicly accessible, edit it and sublicense it.
If content is posted, in particular e.g. photos on which other persons can be recognized in addition to users, this may only be done if the consent of the third person(s) has been obtained
Users are further prohibited in particular from:
- to harass other users unreasonably (in particular through spam), e.g. to send game invitations to e-mail addresses of other players whose presumed consent for this has not been obtained.
- to post content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) or to advertise, offer or distribute goods or services protected by law without being entitled to do so and without having received the consent for this from Kickbase.
- to distribute and publicly reproduce third party generated content of the Game outside of the Game, if and to the extent that this is not done through the functions of the Game provided for this purpose; in doing so, own user generated content may be further distributed, unless it infringes the rights of third parties or contains parts of the Game.
- to engage in actions that are likely to impair the functionality of the infrastructure of the Game, in particular to place an excessive load on it.
- block, overwrite, modify or copy the Game as a whole or individual functions of the Game, unless this is necessary for the proper use of these services.
- to undertake or promote anti-competitive actions, including progressive user advertising (such as chain, snowball or pyramid schemes).
Kickbase assumes no responsibility for the content, data and/or information provided by users of the Game or for content on linked external websites. In particular, it is not guaranteed that this content is true, fulfills a specific purpose or can serve such a purpose. In the event that users become aware of any use of the Game in violation of the law or this Agreement, Kickbase shall be notified immediately.
User content
By posting content in the public area of the user account, users grant Kickbase a royalty-free, sublicensable simple right of use to the content in the context of the game as well as its promotion, with the right to use the content in all known types of use. The granting is made at the same time for all unknown types of use. The aforementioned right of use includes in particular, but not exclusively, the following rights:
The right to reproduce, distribute, translate, rent, exhibit, perform, publicly display and make available (wireless or wire), broadcast, combine with other works or products (including advertising), edit and use such combined or edited works to the extent set forth above in connection with the Game in any manner and form.
The right to use the content in addition to the game via other Internet media and Internet-based types of use, e.g. RSS feeds, other Internet portals and communities, as well as for other end devices (e.g. for cell phones, game consoles, computers including mobile end devices such as laptops, PDAs, MDAs, etc.), to the extent of the aforementioned granting of rights.In the event of violations of the aforementioned points, the manager can be blocked by Kickbase GmbH at any time without giving reasons. There will be no refund of paid amounts. Furthermore, the subscription memberships must be cancelled by the user and will not be automatically cancelled by Kickbase.
Abuse & Malware
The participation in "Kickbase - Fussball Manager" is for personal use. Commercial use or resale is prohibited without prior consent. Users may only play the game in person. They may not manipulate the game or use technical aids that give users an advantage over their fellow players.
In particular, the following are prohibited:
- the use of software or mechanisms that may influence the function and the course of the game in an inappropriate manner or alter the game experience in an inappropriate manner.
- the use of software that plays the game in place of the player.
- the taking of measures that may result in an unreasonable or excessive load on technical capacities.
- the blocking of content or the implementation of measures that overwrite or modify the content of the game or otherwise interfere with the game in a disruptive manner.
- the creation of cheats, mods and/or hacks and/or their use, as well as the use of any other software produced by third parties that alters the game experience of the Game.
- the use of software that enables "data mining" or otherwise intercepts or collects information related to the Game.
Property rights
Kickbase GmbH owns all industrial property rights as well as all intellectual property rights to the elements of the present Application (both the APP and the Website), including but not limited to data, databases, software, texts, trademarks, logos, color combinations, structure and design, as well as the data and databases generated by the Users when playing "Kickbase - Football Manager".
Feature enhancements
Kickbase GmbH reserves the right to make changes or additions to the free features at any time and without prior notice, as long as this is not unreasonable for the user, and in compliance with the notice periods, which will be observed.
Availability
The game is available during the respective use within the framework of the technical and operational possibilities with an availability of 98.0% on a monthly average. Excluded from this are maintenance work as well as disruptions that occur outside of operations, e.g. due to severe weather or internet disruptions. Kickbase GmbH is not liable for server failures or other technical malfunctions. A claim for refund of the subscription due to technical problems is excluded if the service of the app is at 98% availability for one month.
Liability
Kickbase is liable in accordance with the statutory provisions for damages of users caused by intentional or grossly negligent conduct of Kickbase or its vicarious agents as well as for personal injury and damages under the Product Liability Act.
In all other respects, Kickbase's liability for claims for damages - irrespective of their legal basis - is limited in accordance with the following provisions, unless otherwise stipulated in a guarantee given by Kickbase:
Kickbase is liable for damages caused by slight negligence only to the extent that they result from a breach of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the users could rely. As far as Kickbase is liable for simple negligence, Kickbase's liability is limited to the typically foreseeable damage. Kickbase's liability for the loss of data and/or programs caused by Kickbase's slight negligence is limited to the typical recovery effort which would have been incurred if the user had backed up the data regularly and appropriately under the circumstances. The provisions of the preceding paragraphs shall apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses (§ 284 BGB). The above limitations of liability also apply in favor of Kickbase's vicarious agents. Kickbase is not liable for any costs incurred by users due to the use of services which are explicitly not offered by Kickbase itself. This applies in particular to costs due to data transfer to or from the users' mobile device.
Severability clause
Should any of the provisions of these Terms and Conditions of Participation be or become void, the validity of the remaining provisions of the Terms and Conditions of Participation shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.
Residency
Es gilt deutsches Recht unter Ausschluss des UN-Kaufrechts, auch wenn die Nutzer ihren Wohnsitz im Ausland haben. Gegenüber Verbrauchern gilt diese Rechtswahl nach Art 5 Abs. 2 der Verordnung (EG) Nr. 593/2008 jedoch nur soweit diesen hierdurch nicht der Schutz entzogen wird, der den Verbrauchern durch diejenigen zwingenden, d.h. nicht durch Vereinbarung abdingbaren Bestimmungen des Landes, in welchem der Verbraucher seinen gewöhnlichen Aufenthalt hat, gewährt wird. Gerichtsstand ist München.