Terms and conditions for rest of the users especially fans
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 placement platform allows registered users (‘ Fan ‘) to register and use the marketplace as a buyer and support athletes. The service includes free 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/upgrades
A) Every fan has the option to register as part of a free membership and create their own basic profile. The information required for a basic profile is brought to the attention of the fan in the process of creating the profile in an automated form. The basic profile is published on the brokerage platform after approval by the fan and can be viewed on the brokerage platform. As part of the profile, the fan is rated with a points system. The assessment factors are determined by the operator at their own discretion (e.g. professionalism, range, activity, idols, completeness of the profile, etc.). This includes the analysis and evaluation of linked websites or content (e.g. number of followers on social media). Registering in the basic membership creates a free contractual relationship between the operator and the fan.
b) In order to make full use of the brokerage platform, the fan 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 fan may be limited in use of the operator’s services (limited availability, etc.).
c) By registering as a fan, there is also the possibility of using the marketplace. Details can be inferred from the relevant terms and conditions .
§ 2 Responsibility and duties of the fan
(a) The fan is solely responsible for the content of his registration as well as the content of his profile and therefore for the information he provides about himself. The fan assures you to provide only truthful information on the placement platform. The fan assures that he is solely entitled to use all photos, videos and texts used in his profile and that there are no conflicting rights of third parties.
(b) The fan undertakes to indemnify the operator of any kind of damage or claims caused by his registration and profile, provided that the fan has acted culpably.
(c) Any use beyond the purpose of the usage relationship is prohibited. In particular, the user 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 that protect the party’s contractual legal positions, which the contract must just grant him according to its content and purpose; It is also essential for such contractual obligations, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance the fan has regularly relied and is entitled to trust.
(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 fan 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 between the fan and a sponsor is established within the duration of the contract.
(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 Fann (e.g. through unauthorized access of “hackers” to the database).
§ 4 Rights of Use
The fan 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 fan’s profile. 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 fan and the operator, i.e. with the deletion of the profile by the fan (termination of the membership).
§ 5 Termination
The fan has the right to terminate the membership contract with immediate effect at any time. The cancellation of the free basic membership is made via the deletion function in the profile.
§ 6 Applicable law and jurisdiction
(a) The business relations between the operator and the fan 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 fan is a merchant or legal entity of public law or a public-law special asset.
§ 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
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. The operator is neither willing nor obliged to participate in a consumer dispute settlement procedure under the VSBG.