These are the terms and conditions (hereinafter "T&C") of the Transfermarkt GmbH & Co. KG, Wandsbeker Zolllstrasse 5a, 22041 Hamburg, registered at district court Hamburg under Nr. HRA 109005 (hereinafter "Transfermarkt") for usage of transfermarkt.de as well as all other country coded websites containing a "Transfermarkt" URL (hereinafter in summary "the websites"). With your registration at Transfermarkt you confirm having read, understood and accepted the T&C.
1. Content of terms and conditions
1.1. The T&C apply to all content, functions any other services (hereinafter in summary called "Services) that Transfermarkt offers on their websites.
1.2. Transfermarkt reserves the right to change and/or add to these T&C. Transfermarkt will notify you in advance of those changes. Such changes are considered accepted by you unless you object to them within one month after receiving them or cancelling your contract. In case of an objection you may no longer use Transfermarkt`s services.
2. Registration
2.1. You may use the websites without registration and view all services that have not been made available for non-registered users. If you want to place any sort of content on the websites yourself, you will have to register a user account with Transfermarkt.
2.2. When registering you have to enter First- and Last name fully and correctly as well as a valid email address. All further data is voluntary.
2.3. The username must not consist of an email-address or a website, must not violate third party rights - particularly not naming or trademark rights of third parties. It must not breach etiquette, be vulgar, racist or insulting in any other way.
2.4. You have to choose a username and password at registration.
2.5. You are responsible and liable for all activities that are done using your username. Therefore you have to keep your password secret and protect access to your user account. Should there be any indication your user konto may have been compromised, you will have to delete it and if applicable create a new one. As long as you have done your due diligence, you are not liable.
2.6. You are not authorized to transfer your user account to third parties without prior written consent of Transfermarkt.
3. Services
3.1. Transfermarkt reserves the right to discontinue any of its service or parts of its services without prior notice.
3.2. All rights to programs, services, processes, software, technology, trademarks, inventions, databases, and all material related to Transfermarkt reside exclusively with Transfermarkt. All programs and their contained contents, material, and trademarks are only allowed to be used for the purposes stated in their license agreements. Reproducing programs, services, processes, software, etc. for any purpose is illegal.
4. Content
4.1. You are responsible for all content such as text, data, images, image series (hereinafter "content") that you transmit toward Transfermarkt. This content is not being checked by Transfermarkt before being placed on one or all of the websites and does not reflect Transfermarkt views. Transfermarkt explicitly distances itself from this content. It does not show Transfermarkt content but external content of Transfermarkt users. Transfermarkt believes in plurality of opinion in it´s users and provides a forum for these opinions. Transfermarkt reserves the right to check the content in individual cases. You have no legal right of publication of the transmitted content.
4.2. It is within your responsibility to make sure the transmitted content is lawful, does especially not violate applicable law or rights of third parties. You are particularly obligated towards Transfermarkt to make sure that the transmitted content does not violate penal provisions, copyright, competition law, youth protection acts, trademarks and other commercial property rights as well as personal rights of third parties. It is namely prohibited to transmit content that
4.2.1. being insulting, defamatory, threatening, obscene and harassing,
4.2.2. being racist or serving illegal intentions,
4.2.3. representing propaganda for anticonstitutional organisations,
4.2.4. trivializing and/or glorifying drugs,
4.2.5. trivializing and/or glorifying war or violence,
4.2.6. violating moral conventions, breach of etiquette or acceptable tone of words,
4.2.7. being offensive,
4.2.8. being pornographic or of sexual nature,
4.2.9. being harmful to minors,
4.2.10. being extremist,
4.2.11. advertising for a terrorist or extremist political organization,
4.2.12. encouraging criminal offense,
4.2.13. containing libel,
4.2.14. being criminal or otherwise unlawful, respectively being linked to unlawful content, or
4.2.15. containing party- or political propaganda.
4.3. While using our forum and our other services, please abide by our 11 commandments einhalten.
4.4. The content submitted by you must not contain falsehood about third parties or violate other rights, especially personal rights of third parties.
4.5. With submission of content you affirm that you own the user rights to publish this content on the internet. Furthermore you guarantee that the submitted content is not encumbered by the rights of third parties.
4.6. Particularly before the submission of an image file you have to ensure that you own the right to the image or file including the rights to make it available publicly on the internet.
4.7. Your are obligated to exempt Transfermarkt from any claims of third parties on violation of their rights, particularly copyrights, commercial property rights and other property rights as a result of content submitted by you. You are furthermore obligated to immediately inform Transfermarkt if you in hindsight learn that you did not possess the required usage rights to publish this content or if you in hindsight learn that the content is unlawful. Transfermarkt has the right to submit your personal data to third parties provided that from Transfermarkt point of view there is reasonable suspicion that the content submitted by you violated rights of third parties and those third parties enforce this violation of rights towards Transfermarkt.
4.8. With the transmission of content you provide Transfermarkt with the irrevocable, temporally and territorially unlimited and transferable right to duplicate, publish, spread, showcase, make publically available, edit, translate and save the content. This includes the right to change, to shape, to adapt to for the usage necessary data formats and change/enhance the presentation quality of the content. This grant of use persists over the duration of the contract, meaning we are not obligated to delete content that you have transmitted to Transfermarkt even after the contract ends. Your notification obligation and indemnification according to numeral 4.7 remain unaffected by this. However, your notification obligation and indemnification towards Transfermarkt ceases if you have informed Transfermarkt that you no longer possess the user rights for the publication of your content or the content is in your view no longer lawful and Transfermarkt does not remove the contact from the website within appropriate notice. You are obligated to clearly denominate the (in your view) affected content towards Transfermarkt (time and place of placing it, which forum - rumour mill, discussion board etc. ) as only this warrants that Transfermarkt may remove the content from their website in due time.
5. Deletion, warnings an banning
5.1. If there is tangible indication that content submitted by you and/or usage of services violate statutory regulations, third party rights or these T&C are other good cause exists, Transfermarkt may delete the transmitted content without warning, limit your user rights, issue a warning or ban your account temporarily or permanently. When choosing such measures, Transfermarkt will take you legitimate interest into account.
6. Liability of Transfermarkt
6.1. Transfermarkt explicitly distances itself from content of all sites linked with Transfermarkt and does not accept responsibility nor liability for such content. The content is the responsibility of the suppliers of the respective sites.
6.2. Transfermarkt can not guarantee permanent availability and functionality of the websites and their services, but strives towards making the websites available as constant as possible. Transfermarkt does not take liability for disruption of quality of the accessibility of its services. Transfermarkt has the right to suspend the operations of the websites at any time and without prior notice, or suspend single services. Liability of Transfermarkt for damage or consequential damage is excluded as well.
6.3. For unlawful content that is kept available to use, Transfermarkt is liable under § 10 tele media law only when
6.3.1. Transfermarkt has knowledge of the unlawful content or Transfermarkt has knowledge of facts and circumstances that make the unlawful content apparent and
6.3.2. Transfermarkt has not immediately acted to remove this information or access to it as soon as Transfermarkt had learned about it.
6.4. Incidentally Transfermarkt only takes liability for damages resulting of wilful or gross negligent action as well as for damages that result of negligent violation of fundamental contractual obligations. In the latter case liability is limited to the typically foreseeable damage. These liability limitations apply also to breach of duty of legal representatives or vicarious agents of Transfermarkt. Aforementioned liability limitations do not apply if life, body or health is affected by these breaches of duty.
6.5. Liability in excess of the above is excluded.
7. Duration of contract / Termination
7.1. You are eligible at any time and without any notice period and without stating any reason to immediately terminate the user contract.
7.2. Any party is eligible to terminate the user contract for cause. Good cause via Transfermarkt is specifically given when you keep violating essential terms of this T&C even after having received a warning.
7.3. Die Kündigung durch Sie erfolgt durch das Absenden eines hierzu von Transfermarkt auf der Website bereitgestellten elektronischen Formulars: Im Userprofil befindet sich auf der rechten Seite neben der Möglichkeit, das eigene Passwort zu ändern, die Funktion "Account löschen". Nach dem Absenden wird Transfermarkt Ihr Benutzerkonto unverzüglich deaktivieren. Die Kündigung durch Transfermarkt erfolgt durch das endgültige Sperren Ihres Benutzerkontos.
8. Right of withdrawal
8.1. Provided that you registered at Transfermarkt for reasons that can not be attributed to your either employed or self-employed occupational activity you as a consumer will be subject to - under § 13 BGB - the following regulations: You may revoke your registration within 2 weeks in written form (e.g. letter, email, fax) without reason given. The deadline applies after your user account has been activated by Transfermarkt, earliest with receipt of this instruction. In order to keep within the revocation deadline it suffices in each of the aforementioned cases to send the revocation in due time. The revocation can be sent in each of the aforementioned cases to Transfermarkt GmbH & Co. KG, Wandsbeker Zollstraße 5a, 22041 Hamburg by post or to info@transfermarkt.de via email.
8.2. Your right of revocation ceases under § 312d par. 3 BGB before the 2 week revocation deadline according numeral 8.1 if Transfermarkt has begun - with your expressed approval - with the execution of the services of Transfermarkt that you registered for or if you have initiated the execution of services of Transfermarkt yourself. (for example if you placed content on one or more of the websites).
8.3. In case of revocation from both sides performances received and emoluments taken are to be returned and where applicable taken usage provided back. If you can only return received performances in deteriorated condition you may have to reimburse us where applicable.
9. Data privacy
9.1. Security and data privacy is a particular concern of Transfermarkt. Transfermarkt commits to follow statutory regulations around data privacy, particularly the Bundesdatenschutzgesetz (BDSG) and the Telemediengesetz (TMG). Furthermore Transfermarkt refers to it´s data privacy statement.
10. Final provisions
10.1. For the user agreement and for the usage of Transfermarkt services only material German law is applicable.
10.2. For disputes connected to the user contract or the usage of services of Transfermarkt the courts of Hamburg, Germany apply, when you a merchant, or do not have residence in Germany, have moved your residence abroad after these T&C took affect or when your residence is unknown at the time of arraignment. Transfermarkt has the right to take legal action at other responsible courts as well.
10.3. Should one or more provisions of these T&C be or become void, it does not affect the effectivity of the other provisions. The void provision is deemed to be replaced by a valid provision that comes closest to the sense and purpose of the void provision.
12 Copyright / Terms of use
12.1. The User is not permitted to access or copy the Digital Content using bots, spiders, screen scraping or other automated processes. The user is also prohibited from using the digital content for the training or development of artificial intelligence (AI), including language models, machine learning, neural networks or other AI systems. Uses for text and data mining (Section 44b UrhG) are expressly reserved.
