General Terms and Conditions
Terms and conditions for sponsors
Become-a-pro GmbH, based on Mangoldweg 20 in 88471 Laupheim (‘ Operator ‘) is the operator of the become-a-pro.net brokerage platform (‘ brokerage platform ‘). The brokerage platform allows registered sports learning partners (‘ sportsmen ‘) to present themselves with photos, videos and information for possible sponsorship contacts with the aim of concluding a sponsorship contract. Companies (‘ sponsors ‘) interested in signing athletes for sponsorship purposes can have the contact details of the presenting athletes communicated here. The service includes both free and paid services. Persons who have not reached the age of 18 may only use the placement platform with the present consent of the legal guardian. The following terms and conditions apply to this:
§ 1 Registration/scope of services/basic membership/premium membership/upgrade
A) Every sponsor has the option to register as part of a free basic membership. The information required for a basic membership will be brought to the attention of the sponsor in the process of creating the profile in an automated form. Registration in the basic membership will initially result in a free contractual relationship between the operator and the sponsor. The services included in the basic membership are basic functions for the use of the platform and the operation of a shop in the marketplace. At the same time, the user creates a publicly visible profile with the registration. Details of the use of the marketplace can be inferred from the relevant terms and conditions.
(b) In addition to basic membership, the Sponsor also has the option of completing a premium paid membership, under which it can benefit from other services. Premium membership services include full operation and full use of all features on the platform. The amount will be charged in total for the entire duration of the contract upon completion of the paid membership.
(c) If the sponsor is interested in conveying the contact details of a particular athlete, this request must be made via the set up button in writing or by email to the operator. The operator will then send the sponsor an individual contractual agreement by email or in writing, which regulates the specific, case-by-case contractual details. It is only with agreement on this agreement that a contract is concluded for the brokering of the contact details between the sponsor and the operator.
(D) In order to make full use of the brokerage platform, the sponsor must use the latest (browser) technologies or allow them to be used on their computer (e.g. activation of Java script, cookies, pop-ups). When using older or non-commonly used technologies, the sponsor may be limited in use of the operator’s services (limited availability, etc.).
(e) There is always the possibility to upgrade to a paid membership. The new membership begins immediately after a successful upgrade process and the existing contract is terminated immediately.
§ 2 Responsibility and obligations of the sponsor
(a) The sponsor is solely responsible for the content of his registration and therefore for the information he provides about himself. The sponsor assures that he will provide only truthful information on the brokerage platform.
(b) The Sponsor undertakes to notify the Operator of the conclusion of a sponsorship agreement with an athlete immediately, no later than three days after the conclusion of the contract.
c) The sponsor undertakes to regulate all subsequent sponsorships within three years of the mediation of an athlete through the operator. The Operator reserves the right to charge a brokerage fee for all sponsorships within three years of mediation. Direct sponsorships within this period are not permitted. This also applies to all companies affiliated with the sponsor.
D) The sponsor allows the athlete to wear the operator’s logo, provided that the purpose of the sponsorship allows. If the logo cannot be worn, the release must be obtained from the operator.
(c) Any use beyond the purpose of the usage relationship is prohibited. In particular, the sponsor is prohibited from
- Register multiple times under different identities on the platform;
- Spread false or misleading claims within the platform;
- Threatening, insulting, harassing or otherwise violating other users;
- Violate this ANB or applicable law (e.g. copyright and trademark law) when using the platform;
- Sending chain letters or spam messages;
- To disseminate pornographic, racist, violence-glorifying or – trivializing, inciting, right-wing extremist anti-constitutional or other content contrary to applicable law and morals within the platform.
In the event of a breach of the provisions of this paragraph, the Operator shall be entitled to temporarily block the customer account or send electronic messages or to terminate the User Agreement. The sanction measure depends on the nature, severity and duration or number of infringements and is selected by the operator at his discretion.
§ 3 Liability of the operator
The contractual and legal liability for damages and reimbursement of expenses of the operator, regardless of the legal reason, as well as the liability of the legal representatives and vicarious agents of the operator is excluded or restricted as follows:
(a) The operator is liable for the slightly negligent breach of essential obligations arising from the debt relationship, limited to the damage typical of the contract foreseen at the conclusion of the contract. ‘ Essential contractual obligations ‘ are such obligations which protect the non-contractual legal positions of the athlete, which the contract must just grant him according to its content and purpose; It is also essential for such contractual obligations, the fulfilment of which makes the proper implementation of the contract possible in the first place and on whose compliance the sponsor has regularly relied and is entitled to rely on.
(b) The operator shall not be liable for the minor negligent breach of non-essential obligations arising from the debt relationship and for force majeure.
c) The aforementioned limitation of liability does not apply in cases of mandatory legal liability (in particular under the Product Liability Act) if and to the extent that the Operator has provided a guarantee or a procurement risk (§ 276 BGB) and for culpable purposes. Body damage (injury to life, body, health) also caused by representatives and vicarious agents as well as in the case of delay at a fixed performance date.
(D) The Sponsor is obliged to take appropriate measures to mitigate and mitigate damage.
(e) A reversal of the burden of proof is not linked to the above provisions.
(F) The operator owes only the provision of contact information services, not success. The Operator is therefore not liable if no contact and/or a contract is reached between the sponsor and an athlete within the duration of the contract. The Operator is also not liable for the accuracy and completeness of the specified data of the athletes. The information provided by the athletes is solely to be responsible for by them and cannot be checked by the operator for the truthfulness and/or completeness.
(g) The Operator also assumes no liability for any misuse of information that has been disclosed by the Operator in accordance with the contract. Despite the prohibition, the operator cannot prevent the information from being used in an improper or illegal manner.
(h) The Operator does not guarantee the proper operation or uninterrupted usability or accessibility of the service or platform at all times. In particular, the Operator is not liable for any disruption to the quality of access to the service due to force majeure or due to events beyond the control of the Operator. Furthermore, the operator is not liable for the unauthorized acquisition of third-party knowledge of personal data from the sponsors (e.g. through unauthorized access of “hackers” to the database).
§ 4 Termination
(a) Basic membership
The sponsor has the right at any time to terminate the contract for the free basic membership with immediate effect. The cancellation of the free basic membership is made via the deletion function in the profile.
b) Premium membership
The premium paid memberships can be terminated with a period of 2 weeks at the end of the contract period. The cancellation is made via the Kündigen function in the profile. If a timely cancellation is not made, the premium membership is extended for a further period. The cancellation of the premium membership does not automatically terminate the free basic membership. In the event of cancellation of the premium membership, the basic profile created by the sponsor will remain in place. If the basic membership is to be terminated, the procedure must be taken in accordance with § 4 (a). The extraordinary termination is governed by the statutory provisions. It must be done by e-mail at firstname.lastname@example.org or post.
§ 5 Applicable law and jurisdiction
(a) The business relations between the operator and the sponsor are subject to the law of the Federal Republic of Germany, to the exclusion of German collision law.
(b) The place of jurisdiction is the seat of the operator, provided that the sponsor is a merchant or legal entity of public law or a public-law special asset.
§ 6 Rights of Use
The sponsor grants the Operator the non-exclusive, non-transferable, free and spatially unrestricted rights of use for the use of the photos, videos and texts posted in the profile of the sponsors. The granting of use is limited to the use to promote the intermediary platform by the operator and the operator’s company as well as its actions. The rights of use for the operator will end when the application is made. The application is possible no earlier than five years after the termination of the contractual relationship between the sponsor and the operator, i.e. with the deletion of the profile by the sponsor (termination of basic membership).
§ 7 Amendment to the Terms and Conditions
(a) become-a-pro reserves the right to amend these Terms and Conditions at any time, provided that this does not affect material provisions of the contractual relationship and this is necessary to adapt to developments which are necessary in the event of developments The conclusion of the contract for become-a-pro were not foreseeable and whose non-consideration would noticeably disturb the balance of the contractual relationship. Key provisions are, in particular, those relating to the nature and scope of the agreed benefits and the duration, including the arrangements for termination. become-a-pro is entitled to make changes in order to close the gaps in the contract, which occur in particular due to legal changes and changes in the case law.
(b) become-a-pro will notify the user of the changes by e-mail by sending the general business relationships to be changed. The user has the option to object to the changes with a deadline of two weeks. If the user does not object to the changes within this period, the amended terms and conditions will apply from the date of expiry of the time limit.
§ 8 Mandatory Legal information on online dispute resolution for consumers
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
Diese Plattform dient als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten aus Online-Kauf- oder Dienstleistungsverträgen, an denen ein Verbraucher beteiligt ist. The operator is neither willing nor obliged to participate in a consumer dispute settlement procedure under the VSBG.