General Terms and Conditions (GTC)
Bern, 01.08.2021 // emimo GmbH, www.sorarefootballguide.com, www.footbloc.com
Preamble
Our General Terms and Conditions (GTC) have been drawn up to govern the contractual relationship between you as the service recipient and us as the service provider. All contractual relationships arising from chargeable services of the Sorarefootballguide website/app are therefore subject to the scope of these GTC, and you as the customer hereby acknowledge the validity and applicability of these GTC.
1. scope of application / applicability / formal requirements
These General Terms and Conditions (GTC) govern the contractual relationships between emimo GmbH and its customers. The validity of other GTC is excluded - even without explicit objection. These GTC can be downloaded from the service provider's website. Upon request, the GTC are available in written form from the service provider. The GTC form an integral part of every contract with clients. Ancillary agreements are only binding if they have been confirmed in writing. Verbal statements are not binding without written confirmation. The contractual language is German.
2. offer / services / binding offer (offline)
On its website, the service provider offers services in the field of NFT and football as well as explanations and instructions for these.
The entries are fed from generally accessible information that is available online.
For chargeable services and entries on the website/app www.sorarefootballguide.com, in addition to these GTC, on the one hand the conditions apply according to the currently valid information in the list of services on the above website/app and, on the other hand, any applicable, special written offer conditions.
The offers are subject to change without notice and are non-binding without any contrary wording. The client has no rights whatsoever to the contents of the website, even if he owes remuneration. Before acceptance by the client, the service provider may revoke an offer without further ado. Any offers are not to be understood as lump sums, but refer only to the explicitly mentioned services. Acceptance of an offer shall be made in writing. E-mail correspondence is legally sufficient.
3. contents / data / third party rights / copyrights / data protection
All property and intellectual property rights (in particular copyrights) to recorded data, content etc. shall remain with the Client and/or its licensors. By making available or uploading this content (text, image, audio, video) and/or external linking to third-party content, the Client grants the Service Provider all necessary licence rights to the material used and/or to any third-party rights for the duration of the contract and confirms that it has the necessary rights to do so.
The customer represents and warrants that it has all the necessary rights, licences and authorisations to perform the above services and, in particular, that the publication of the content uploaded by it does not infringe any intellectual property rights of third parties.
These rights are granted worldwide, royalty-free (without any licence fees owed by the service provider), sub-licensable and transferable within the scope of the service provision, in order to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt (including the technical requirements of all end devices and networks in which the service can be displayed) and display the material in other formats (e.g. for the generation of PDF overview sheets in sample layouts which are not displayed specifically for each customer). (e.g. but not limited to generating PDF overview sheets in sample layouts that are not presented in a new and specific way for each client, posting them on social networks or including them in e-mail newsletters).
With regard to copyrights, the provisions of the Terms of Use of the website/app Sorare Football Guide shall also apply as a supplement and as an integral part of these GTC. In the event of any discrepancies, the provisions of these GTC shall take precedence over the contents of the Terms of Use.
Insofar as the Client is to grant the Service Provider additional rights of use, these are to be agreed separately.
The customer undertakes not to disseminate or enter any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or blasphemous content in his entry. Also prohibited is the dissemination of information or other material that leads to, may lead to, incites or has as its objective criminal acts. The service provider reserves the right to immediately remove any information and data that violates the above prohibitions.
The Client also confirms to the Service Provider that the placement of the data and content transmitted to it does not conflict with any legal regulations or official orders or with the rights of third parties. In the event of claims by third parties based on the aforementioned materials and/or constellations, the Client shall indemnify the Service Provider against all claims and hold it harmless in the event that such claims are asserted.
The Client agrees to support, defend and indemnify the Service Provider and its associated persons (legal and natural) for all third party claims arising from liability, damage or costs attributable to data uploaded by the Client.
With regard to data protection, please refer to the privacy policy of the Sorarefootballguide website/app. The privacy policy forms an integral part of these GTC.
4. liability
The service provider's liability is limited to intent and gross negligence. The service provider is not liable for any impairments resulting from events of force majeure and/or misconduct of third parties and/or from withdrawn permits or changed fees.
The service provider accepts no liability whatsoever for services provided by third parties. Any warranty claims against third parties shall be assigned to the client. Liability for auxiliary persons, third parties or employees of the client is excluded. No liability is assumed for consequential damages. Liability is in any case limited to the value of the contract or the periodic amounts owed. The service provider shall not be liable for consequential damages and/or loss of profit.
The Service Provider shall in no case be liable for claims made by third parties or authorities in connection with the information provided by the Client or uploaded content, in particular not for damage or misconduct caused by the Client, its representatives or other third parties. The liability and insurance obligation for such cases shall be incumbent on the customer.
5. final provisions
The Service Provider may amend the General Terms and Conditions at any time. Should parts of these GTC be invalid in whole or in part, the rest of the GTC shall nevertheless remain binding. The invalid clause shall be replaced by the legally enforceable provision whose effect comes closest to the economic objective at the time of the conclusion of the contract.
All contracts between the Service Provider and the Client shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law.
The ordinary courts shall have jurisdiction; the place of jurisdiction shall be the registered office of the service provider in Bern.
Change log
01.08.2021: 1st version