Es folgen die Allgemeinen Geschäftsbedingungen (App & Website) sowie Haftungshinweise. Nachfolgend genannt "Nutzungsbedingugen".
2.2 Registration is required for the use of some additional functions. In this case, the extended user relationship between the user and Prematch is established by the proper completion of the registration process. The 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. With the activation of the account, the free use comes into effect.
2.3 The access code and password must be treated confidentially, protected from access by unauthorised third parties and not passed on to third parties.
3.1 Prematch generally provides its app to users free of charge. Prematch reserves the right to impose restrictions, conditions and the discontinuation of the service without giving reasons and without notifying the users. In principle, there is no legal claim to use, activation or participation in the Prematch app.
3.2 There is no claim against Prematch for the availability of the service. Prematch will endeavour to offer the services for retrieval without interruption as far as possible. However, even with all due care, impairments of the service cannot be ruled out. Due to maintenance work and/or further development of the services, usage options may be limited and/or temporarily interrupted. In individual cases, it cannot be ruled out that users may lose their entries.
3.3 The operation of the Prematch App requires the use of commonly used and up-to-date technologies to operate the website, web app or mobile app. The functionality of the app can only be used to its full extent if the users also use these technologies and enable their use through the app. The use of older or non-common technologies may prevent or limit the use of the app.
3.4 Prematch reserves the right to change, amend, remove or discontinue the information and services provided in the Prematch App in its entirety at any time and without notice.
3.5 Prematch does not guarantee the accuracy and completeness of the content in the Prematch app. Prematch does not check the posted content in advance, but only after it has been made aware of discrepancies or legal violations.
3.6 Prematch calculates a notional market value for all players:in the adult sector (unless they have expressly objected to this). The determination of the market values is based on various publicly available parameters (if known):
3.7 Prematch does not claim or warrant the accuracy or realism of the market values provided. Prematch also does not guarantee the accuracy of the data displayed in the app. In addition, Prematch does not check the posted content in advance, but only after being made aware of discrepancies or legal violations.
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. Errors in the data may occur as a result of this and also as a result of abusive actions by third parties. Within the scope of his access rights, each user can correct errors in his data himself or inform Prematch about the incorrectness of certain data in his own profile. If the data is proven to be 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 for the purpose of monitoring compliance with the provisions of this Agreement and for any troubleshooting.
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, he/she is fully responsible for all activities carried out through it by him/her or by unauthorised third parties.
4.4 In some apps or portals it is possible to upload pictures and other content. The users assure Prematch that they have the necessary rights to the content they upload to the portal or app. They grant Prematch the non-exclusive, irrevocable, transferable and sub-licensable right, unlimited in time, space and content, to use the posted content in full or in excerpts. The right to use the posted content also extends to the publication of the posted content on other portals and appearances of Prematch (e.g. on the official social media accounts).
4.5 As a user, you undertake to check your content, contributions 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 entered 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 The users indemnify Prematch against all claims of third parties that are based on an illegal use of the information, services and data provided or with its approval, or that arise in particular from data protection law, copyright law, art copyright law or other legal disputes that are connected with the use of the portal or the app. If the users become aware that there is or is suspected to be an unauthorised use of the account or any other violation of the terms and conditions formulated here, they shall inform Prematch immediately.
A friendly and respectful atmosphere shall prevail on Prematch. The Prematch app must not be misused. Abusive content may be deleted. In particular, the following are inadmissible
6.2 If the user's account has been unjustly blocked by Prematch, the user can lodge a complaint within one month. After this period, the account will not be released again.
7.1 The Prematch App may contain, among other things, content 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 agreed to this use.
8.2 Users shall be liable in particular for damage caused by the unauthorised use of the service by a third party with his/her access code/password.
9.1 Since the services are provided free of charge, liability for material defects and defects of title is excluded except in the case 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 does not assume any 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 case of intent or gross negligence for all damages caused by Prematch and its legal representatives or vicarious agents. In the case of slight negligence, Prematch is also liable without limitation in the case of injury to life, body 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 the foreseeable, typically occurring damage.
Within the framework of the contractual relationship, personal data of the users are processed in order to be able to guarantee the fulfilment and implementation. Detailed information on data processing can be found in the 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. After deletion of the account, data can usually not be restored. Users' content is not affected by the deletion of the account, but it is automatically anonymised.
11.2 Prematch can terminate the user relationship at any time with two weeks' notice. The user will be informed of this in a reasonable manner (e.g. by e-mail or push message).
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. In the event that Prematch terminates the user relationship with the user, Prematch reserves the right to inform the responsible 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.
13.1 Prematch is entitled to transfer the rights and obligations arising from this agreement to third parties. Prematch will inform the users of this in a reasonable manner (e.g. by email or push message).
13.2 The law of the Federal Republic of Germany shall apply. 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 state in which they have their habitual residence. The application of UN sales law 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 formulation which most closely fulfils the intended purpose. The validity of this contractual agreement as a whole shall remain unaffected.
13.4 The European Commission's online dispute resolution platform is available at: http://ec.europa.eu/consumers/odr. Prematch is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
The contents of our pages were created with the greatest care. However, we cannot guarantee the correctness, completeness and up-to-dateness of the contents. As a service provider, we are responsible for our own content on these pages in accordance with general laws pursuant to Section 7 (1) of the German Telemedia Act (TMG). However, according to §§ 8 to 10 TMG, we are not obliged as a service provider 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 laws remain unaffected by this. However, liability in this respect is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of corresponding infringements, we will remove this content immediately.
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. 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 contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If we become aware of any infringements of the law, we will remove such links immediately.
The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the 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 marked 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.
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 pages, 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 on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
The use of contact data published within the framework of the imprint obligation by third parties for the purpose of sending advertising and information material not expressly requested is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example through spam mails.