The Anschutz Entertainment Group Development GmbH (referred to hereinbelow as the "Operator") operates a website with the URL http://www.mercedes-benz-arena-berlin.de for the purpose of informing interested parties and registered users on events or activities, sports events, concerts etc., and in order to enable users to communicate with each other free of charge.
In particular, the Operator provides the following services and facilities on the platform:
· User registration: Under the heading “My Profile", users may enter information about themselves and can decide to allow other registered users / the general public to access this information;
· Image upload: users may upload and publish images both as part of their profiles and on that part of the website that is generally accessible;
· Voting: users can vote on contributions, images and postings etc. that are inserted by other users;
· RSS-Feed: users can obtain general information, information on events and an events calendar via an RSS Feed;
· Reviews: furthermore, users may post their own messages and opinions on the forum and on the message board, as well as (for registered users) on the non-public part of the site;
· Services concerning events in the Mercedes-Benz Arena Berlin: users are provided with information on events in the Mercedes-Benz Arena Berlin and event-specific applications such as ticket exchange, arrangements to get together at a meeting point, formation of travel groups, hotel recommendations, travel sketches, etc.
Furthermore, the Operator is planning to provide the following services:
· Video-Upload: users may upload and publish videos both as part of their profiles and on the part of the website that is generally accessible;
· Personalized websites: users may compile the content available on the Operator’s website according to their personal interests (mash ups, webslices), or they may choose to have the provider compile content for them in accordance with the preferences they have established;
· Recommendations/links: users may recommend interesting content to third parties and can send messages to them (be they users of the platform or external third parties);
· Chat: registered users can communicate with each other in a chat room;
· E-mail messages: users receive e-mail messages from the Operator regarding events they have already booked or that may be taking place in future, as well as interesting offers and content inserted on the Operator’s website;
· Text messages and reminders: by sending a text message, the Operator provides users with information regarding events they have already booked or that may be taking place in future, as well as interesting webpage services or content inserted on the Operator’s website;
· Text notifications: by sending a text message, the Operator provides users with information on occurrences or processes that are relevant to the user (such as new messages posted in the Community).
The use of this online platform is possible only subject to the strict requirements of the German laws on the protection of data, in particular the Bundesdatenschutzgesetz (BDSG, Federal Data Protection Act). Any use, exploitation or modification of the internet services provided by the Operator that does not comply with their original purpose is prohibited. In particular, copying or reading out groups or contributions, content, images and moving images, indices and data bases for commercial purposes is not permissible and will be pursued by the Operator in accordance with applicable law, taking full recourse to the courts of law.
Neither the availability of the website, nor the correctness and completeness of its content / entries are guaranteed.
The General Terms and Conditions set out hereinbelow apply for the entirety of all legal transactions concluded by the Operator and the user. They are accepted by accessing, using or downloading any information or webpage service provided by the Operator. The General Terms and Conditions can be accessed online at any time.
Section 1 Scope of applicability
Any general terms and conditions that the users may have will not govern in the direct business relations with the Operator, also not in those cases in which the Operator has failed to expressly object to them and/or renders its services without having so objected. This shall apply also in those cases in which the user has stipulated that the objection must be made in a certain form.
If such objection is excluded, the stipulations of the law shall replace the contradictory terms. Deviating terms and conditions will be acknowledged only if their application has been confirmed in writing by the Operator.
Section 2 Conclusion of the contract, scope of performance
Those users are entitled to use the website who have full legal competency or who act with the consent of the parties legally authorized to represent them.
Membership begins when the users activate the access data they have selected. Users are under obligation to provide correct and complete information as to their identity and to keep these data updated and correct for the duration of their membership. Such membership may not be transferred.
Users are to protect their right to participate in the website against unauthorized access by third parties; they are to inform the Operator immediately of any abuse of their access data by third parties. Furthermore, the users are under obligation vis-à-vis the Operator to compensate it for any damage that may have been caused by such unauthorized use.
In a sector of its website that is freely accessible to the general public, the Operator provides information on events, activities, sports events, concerts, etc. In addition, registered users are able to create profiles of their own, which they may make accessible to others at their discretion. The profiles may be used to perform all functions that the Operator makes available as part of its individual webpage services.
The users are entitled to publish their own content on the Operator’s webpage (images, contributions, texts, videos, evaluations, links, comments, etc.). In publishing such content, the user must ensure that no rights of third parties, in particular no trademark rights, intellectual property rights or industrial property rights enjoyed by third parties are infringed and/or that the contents do not violate the laws of the Federal Republic of Germany; in particular, that they do not contain any illegal, fraudulent or immoral or pornographic content or such content that glorifies war or that is suited to seriously jeopardize the ethical development of children or youth or to impair their well-being. Moreover, no insulting statements may be posted. Evaluations of companies, of related persons or of clients are to be characterized as such.
No content whatsoever that users may post will reflect the Operator’s opinion.
The Operator will endeavor to publish as promptly as possible the information made available by the user. However, the users are aware that the information provided by the Operator may vary. They have no legal claim to this information being constantly available, nor are they entitled to the information made available by the users being published. Moreover, the Operator is entitled to refuse to publish information inserted by the users or to delete it, without needing to cite any reasons for doing so.
The Operator provides its services in accordance with the respective product specifications. The Operator reserves the right to modify, expand or adjust, at any time and repeatedly, its services as a whole or the individual services provided in the context of making available the webpage and ancillary services, as well as their nature and content, in order to improve the services it provides, in particular their function, design and technical development. Users shall be expressly informed by e-mail in due time as regards any essential modifications of the products. Should the users not agree to the modifications, they may terminate the contract with the Operator with immediate effect by sending a corresponding written notice.
Moreover, the Operator is entitled to terminate individual functions provided in the context of the services, in particular in the event this is required by law, if long-term losses, technical difficulties or abuse by customers, partners or third parties so require.
Furthermore, the Operator is entitled to improve the texts, images and videos it provides on its webpages, in particular those made available through a search function, by creating thumbnails and publishing them in the Operator webpage services. Furthermore, the Operator is entitled to transfer the content via different networks and/or to implement technical changes in order to satisfy the technical requirements of affiliated networks or any other technical facilities.
Moreover, the Operator is authorized to store content and to forward it to third parties, to the extent this is required by law, or to the extent it deems this to be necessary and legally permissible after having duly assessed the circumstances, in order to
a. Comply with the stipulations of the law or instructions issued by the courts or authorities;
b. Enforce the present General Terms and Conditions;
c. Fulfill the claims brought forward by third parties for an infringement of their rights; or
d. Safeguard the rights, the property or the personal safety of the Operator, its users or the general public.
The Operator reserves the right to charge a fee for specific components of its services. The Operator shall inform the users, prior to their using such services, that these are subject to a charge and shall obtain their consent to such charge. Only once the users have used the service will they be under obligation to make payments.
Section 3 Warranty and liability
In view of the circumstance that individual services provided as part of the platform operate in real-time, the Operator is unable to control all of the content made available on the site. In particular, and as a matter of principle, the Operator does not control the content that users provide in the context of their membership on the platform; thus, the Operator is not responsible for the content having the proper form, being correct, appropriate or of good quality.
The user shall release the Operator, upon the latter’s first demand, from any and all claims that third parties may lodge against the Operator based on content inserted by the user. This also includes the costs of an appropriate defense before the courts.
The Operator is under no obligation to publish any contributions or content of users on its website. The Operator may prohibit the publication of content and contributions of the user at any time, also retroactively, without needing to cite any reasons for doing so.
Furthermore, the Operator reserves the right to exclude users retroactively from using the services, individual webpage service or functions if there are indications that the user
· Uses individual webpage services and/or other services for other than their intended purpose, for example by deploying “robot”, “spider” or “offline” readers or any other damaging software;
· Infringes its obligations under the contractual relationship existing between the parties;
· Violates the rights of the Operator or of third parties, or
· Uses the Operator’s website in a manner suited to damaging the Operator’s reputation.
In all other regards, the Operator shall be exclusively liable, as a matter of principle, for intentional or grossly negligent acts, as well as in those cases in which it culpably violates an essential contractual obligation. Such liability is restricted to the foreseeable damage that typically arises. This shall not apply if the Operator has maliciously failed to disclose a defect or has guaranteed any characteristics. The same shall apply to the persons the Operator may employ in the performance of its obligations (Erfüllungsgehilfen).
The liability for a culpable injury to life, limb or health and the liability as governed by the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act) shall remain unaffected hereby. Any further-reaching claims the user may have, in particular claims to the compensation of damages as caused by the loss of profits, or for other pecuniary losses, are excluded.
The Operator expressly does not accede to the content that the users of its website and services insert, nor does it make links to other websites and services its own.
Section 4 Intellectual property rights, confidentiality
The publication rights to user contributions as such are transferred, permanently and irrevocably, to the Operator upon having been sent; provided the user has these rights. Any contributions for which the sender does not have the publication rights may also be inserted. However, the user warranties that these contributions do not affect the rights of third parties. The Operator expressly does not accede to the content that users or third parties insert on its website.
The user is aware, moreover, that the Operator and third parties (holders of rights) own intellectual property rights as regards the content of the website. Should the above-referenced obligations be violated, the Operator shall be entitled as a result to claim the consequent damages in their full scope.
Section 5 Data protection
As a matter of principle, all personal data will be kept confidential in accordance with the Provisions on Data Protection.
Section 6 Final Provisions
Should individual provisions of the General Terms and Conditions be ineffective, either as a whole or in part, or should there be omissions, the effectiveness of the remaining provisions or parts of such provisions shall remain unaffected thereby. In such event, the parties shall be under obligation to assist in developing new provisions that, in their result, come as close as possible, in economic terms, to the ineffective provision or the provision containing omissions, while ensuring that the interests of both parties are safeguarded and the provision is legally effective.
Solely the laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Sales Convention and any references to foreign law.
No collateral agreements have been made; they must be made in writing in order to be effective.
Should the user be a merchant (Kaufmann), a legal entity governed by public law, or special assets (Sondervermögen) under public law, or should it not have a permanent seat or residence in Germany, the sole place of jurisdiction shall be that location at which the user of the present General Terms and Conditions is located. The Operator may also file suit before the court having jurisdiction at the seat of the user.
Berlin, July 1st, 2015