AGB · SPORTLOUNGE

Conditions générales (AGB)

Provided in German, as required by German law.

Terms of use

1.1 Subject Matter of the Terms of Use

1.1.1 SPORTLOUNGE GmbH, based at Knochenhauerstr. 11, 28195 Bremen, hereinafter referred to as the “Service Provider”, operates an interactive video portal for sports clubs and leagues at www.sportlounge.com (hereinafter referred to as the “Video Portal”).

Participants can upload videos and access content available on the Video Portal. Further free and paid services currently available on the Video Portal may be used according to their respective availability in accordance with the following provisions.

1.1.2 These Terms of Use govern the provision of services by the Service Provider, their use by duly registered participants, and the recording of statistics relating to the use of the Video Portal.

1.1.3 Information about the Service Provider can be found here.

1.2 Amendments to the Terms of Use

1.2.1 The Service Provider reserves the right to amend these Terms of Use at any time, including with effect within existing contractual relationships. The Service Provider will notify users of such changes at least 30 calendar days before the planned effective date of the changes. If users do not object within 30 days of receiving the notification and continue to use the services after the objection period has expired, the changes shall be deemed to have been effectively agreed upon after expiry of the period. In the event of an objection, the contract shall continue under the previous terms. In the notification of the amendment, the Service Provider will inform users of their right to object and the consequences thereof.

1.2.2 In the event of changes to value-added tax (currently 19%), the Service Provider shall be entitled to adjust the remuneration accordingly without the aforementioned right of objection applying.

2.1 Eligibility for Registration

2.1.1 Use of the services available on the Video Portal requires registration as a participant. There is no entitlement to participation. The Service Provider is entitled to reject applications for participation without stating reasons.

2.1.2 In particular, clubs, teams and referees may register as participants. A prerequisite for registration is that the participant is of legal age and has full legal capacity.

Minors are prohibited from registering. Exceptions are:

  • Minor referees who receive access through an association. In this case, the association assumes full liability.
  • Minor users who receive access through an already existing club. In this case, the club assumes full liability.

In the case of a legal entity, registration must be carried out by a natural person with full legal capacity and authority to represent the legal entity.

2.1.3 Where clubs activate participants in accordance with the contractual agreements, these Terms of Use shall also apply. The activating club must ensure that the provisions of these Terms of Use are complied with.

2.2 Registration on the Video Portal

2.2.1 The Service Provider offers one or more service packages. Where several service packages are offered, the participant must specify during registration which of the offered service packages is to be used for the stated annual fee. The usage fee to be paid will be displayed during the registration process.

2.2.2 Please note: If access is requested for a purpose that cannot be attributed either to a commercial activity or to a self-employed professional activity, the participant shall have a statutory right of withdrawal. Further details regarding the right of withdrawal and the withdrawal instructions can be found here.

2.2.3 The contact details and other information requested by the Service Provider during the registration process must be provided completely and correctly.

When registering a legal entity, the natural person authorized to represent the entity must also be specified. This person must be created as an additional user no later than two working days after receipt or activation of the access data.

2.2.4 After all requested data has been provided, the Service Provider will check it for completeness and plausibility. If, from the Service Provider’s point of view, the information is correct and there are no other concerns, the Service Provider will send an email to the customer’s email address contained in the contact details containing

  • a link directing the customer to a page for completing the registration process
  • or the activated access data, provided that the scope of services and payment terms have already been clarified in advance.

The email shall constitute acceptance of the application for participation.

2.2.5 Unless otherwise agreed, the customer’s access will only be activated after payment has been received. For this purpose, the Service Provider checks incoming payments on the specified bank accounts every second working day and activates the corresponding access.

If, as mentioned under 2.2.4, the customer must complete the registration process independently, further payment methods in addition to advance payment may be activated for the customer (credit card, PayPal, direct debit), which lead to automatic activation of the customer’s access.

From the time of activation, which will be confirmed to the participant by email, the participant is entitled to use the Video Portal within the scope of these Terms of Use.

2.2.6 A club may, as a participant, create the number of participant accounts contractually agreed upon. Each account may only be used by the person who was created as the participant. These Terms of Use also apply to the participant accounts.

2.2.7 The Service Provider may authorize representatives to create additional participant accounts. These Terms of Use also apply to such participant accounts.

2.3 Responsibility for Access Data

2.3.1 During the registration process, the participant is asked to provide an email address and password. Using this information, the participant can log in to the Video Portal after activation of the access and confirmation of the email address.

2.3.2 The access data, including the password, must be kept secret by the participant and must not be made accessible to unauthorized third parties.

2.3.3 It is also the participant’s responsibility to ensure that access to the Video Portal and use of the services available on the Video Portal are carried out exclusively by the participant or persons authorized by the participant. If there is reason to fear that unauthorized third parties have obtained or will obtain knowledge of the access data, the Service Provider must be informed immediately.

2.3.4 The participant shall be liable in accordance with the statutory provisions for any use and/or other activity carried out using the participant’s access data.

2.3.5 If the participant is permitted to create additional access accounts, this may only be done for persons who are involved in video exchange or analysis and who belong to the participant’s own team / club. These may include, for example:

  • Players
  • Coaches
  • Support staff
  • Managers
  • Video officers

from the participant’s own team / club. Third parties who do not belong to the team / club may not receive access. These include, among others:

  • Press representatives
  • Friends / relatives
  • Persons belonging to other clubs / teams

Exception: If the team participates in a league competition, exceptions may be made with the approval of the responsible association or all other participants in the league competition.

The participant must inform the Service Provider of this in advance. Unless otherwise agreed with the responsible association, the Service Provider reserves the right not to agree to this and to refuse it without stating a reason.

2.3.6 If there is a justified suspicion of a violation of the provisions under 2.3 regarding the disclosure / creation of access data, the Service Provider reserves the right, after consultation with the responsible association, to block all access accounts of the club / team for an indefinite period.

The Service Provider is not responsible for any penalties or sanctions imposed on the club as a result of such blocking.

2.4 Updating Participant Data

2.4.1 The participant is obliged to keep their data (including their contact details) up to date. If the specified data changes during the period of participation, the participant must immediately correct the information on the Video Portal. If this is technically not possible for the participant, the participant shall immediately inform the Service Provider of the changed data by email or fax.

2.5 Termination of Participation

2.5.1 Unless otherwise regulated, the duration of use of the Video Portal is linked to the duration of the current league season of the participating team. This begins one week before the first match day and ends one week after the last match day. A season may last a maximum of 12 months.

The right to extraordinary termination remains unaffected. A reason for extraordinary termination by the Service Provider exists in particular if the participant violates individual provisions of these Terms of Use.

2.5.2 Upon expiry of the contract, the contractual relationship ends and the participant may no longer use their access.

2.5.3 The Service Provider is entitled (but not obliged) to permanently delete all data generated in connection with the participant’s participation after 30 calendar days have elapsed. Uploaded videos and content may continue to be used by the Service Provider and other participants in accordance with these Terms of Use.

2.5.4 If the Service Provider’s services are used for video exchange within a league and all teams in the league also use the Service Provider’s services in the following season, the videos of the previous season’s league matches will not be deleted 30 days after the expiry of the contract as mentioned under 2.5.3.

For each match played in the new season, the video of the oldest match from the previous season will be deleted. After completion of the new season, all matches from the old season will have been deleted.

Longer retention periods must be agreed separately by contract.

3.1 Services Offered and Availability of Services

3.1.1 Depending on the access selected by the participant, the Service Provider makes various information and other services available on the Video Portal for temporary use. The content and scope of the services are determined by the respective contractual agreements or the information displayed when selecting the service, and otherwise by the functionalities currently available on the Video Portal.

3.1.2 Both free and paid services are available to participants on the Video Portal. Paid services are identified as such.

3.1.3 For all services, the Service Provider guarantees availability of 98.5% on an annual average within its area of responsibility. Maintenance windows of the Video Portal announced in advance are not included in the calculation of availability. Maintenance windows will be announced at least 7 days in advance.

3.1.4 Otherwise, there is only an entitlement to use the services available on the Video Portal within the technical and operational possibilities of the Service Provider. The Service Provider endeavours to ensure that its services can be used as continuously as possible. However, technical disruptions (such as interruptions to the power supply, hardware and software faults, technical problems with data lines) may result in temporary restrictions or interruptions.

3.2 Changes to Services

The Service Provider is entitled at any time to modify services provided free of charge on the Video Portal, to make new services available free of charge or for a fee, and to discontinue the provision of free services. In doing so, the Service Provider will take the legitimate interests of participants into consideration.

3.3 Protection of Content, Responsibility for Third-Party Content

3.3.1 The content available on the Video Portal is protected by copyright or other intellectual property rights and is owned by the Service Provider, other participants or other third parties who have provided the respective content. The compilation of the content as such is protected as a database or database work within the meaning of §§ 4 para. 2, 87a para. 1 UrhG. A participant may use this content only in accordance with these Terms of Use and within the framework specified on the Video Portal.

3.3.2 The content available on the Video Portal originates partly from the Service Provider and partly from other participants or other third parties. Content from participants and other third parties is hereinafter collectively referred to as “Third-Party Content”. The Service Provider does not check Third-Party Content for completeness, accuracy or legality and therefore accepts no responsibility or warranty for the completeness, accuracy, legality or currentness of Third-Party Content. This also applies with regard to the quality of Third-Party Content and its suitability for a particular purpose, including where Third-Party Content is located on linked external websites.

3.3.3 All content on the Video Portal is Third-Party Content, except for those videos which are marked at the beginning of the video with a copyright notice of the Service Provider.

4.1 Scope of Permitted Use, Monitoring of Usage Activities

4.1.1 The authorization to use the Video Portal is limited to access to the Video Portal and use of the services currently available on the Video Portal within the scope of these Terms of Use.

4.1.2 The participant is responsible for creating the technical requirements necessary for the contractual use of the services. The Service Provider does not owe any consultation in this regard.

4.1.3 The Service Provider points out that usage activities may be monitored to the extent permitted by law. This may also include recording IP connection data and other data and evaluating such data where there is a specific suspicion of a violation of these Terms of Use and/or a specific suspicion of another unlawful act or criminal offence.

4.1.4 Within the scope of the granted access rights, the participant may use videos uploaded by participating clubs on the Video Portal.

4.1.5 The stored videos may be viewed by participants online as a stream using all common internet browsers (Internet Explorer, Mozilla Firefox, Safari, Google Chrome) with a Flash Player. Furthermore, the videos may be downloaded in the conventional manner and physically stored.

4.1.6 Participating clubs may edit uploaded matches using an online video editing program. Scenes can be marked and combined for preparation and/or follow-up analysis. This service is offered exclusively online and browser-based. In addition, the compiled video sequences can be downloaded. The storage capacity for these videos is limited per club according to the respective selected service package. The video editor may also be used for training matches. An increase in storage capacity is available for an additional fee.

4.1.7 Using a digital tactics board, a club may allow authorized participants to display animated plays. The plays may be presented to the team.

4.1.8 In order to check whether access accounts are being unlawfully passed on, the Service Provider stores users’ IP addresses. This data may be made available to team and league officials for inspection. The user agrees to the storage of this data.

4.1.9 For the “Homework” module, the Service Provider records which sections of a video have been accessed by the user. The user agrees to the storage of this data.

4.2 Use of Paid Services

4.2.1 The Service Provider offers both free and paid services on the Video Portal. The applicable prices are clearly displayed when selecting the service packages.

If use of a service (including access to content) within an account is subject to a fee, the participant will receive an online notification of the resulting costs and other relevant details before access to the respective service is made available. Only after this will the participant have the opportunity to use the respective service by clicking the corresponding button.

By clicking the corresponding button, the participant bindingly declares that they wish to use the respective service. In doing so, the participant bindingly accepts the offer to provide the paid service and a further contractual relationship is created. These Terms of Use shall also apply to this contractual relationship, as well as any additional terms of which the Service Provider informs the participant before the service is used.

4.2.2 The participant initiates provision of the paid service immediately by clicking the corresponding button. Since use of the service cannot subsequently be reversed and the return of any accessed content cannot be ensured in such a way that further use by the participant after return is no longer possible, the participant has no right of withdrawal with regard to the use of paid services.

4.2.3 All stated fees include the applicable statutory value-added tax.

4.2.4 The participant may offset claims only against undisputed or legally established counterclaims. The participant may exercise a right of retention only if it is based on the same contractual relationship.

4.3 Creation of User Profiles

4.3.1 To the extent that this functionality is available on the Video Portal, a participant may individually design their user profile according to their preferences within the scope of these Terms of Use.

4.3.2 As a rule, the Service Provider does not verify the identity of profile owners or the information contained in profiles. The Service Provider therefore does not guarantee that each profile owner is actually the person they claim to be.

4.4 Uploading Own Content

4.4.1 To the extent that this functionality is available on the Video Portal, the participant may upload content to the Video Portal in compliance with these Terms of Use and thereby make it available to third parties.

4.4.2 By uploading content, participants grant the Service Provider a royalty-free right to use the respective content for the website www.sportlounge.com, in particular

  • to store the content on the Service Provider’s server and to publish it, in particular to make it publicly accessible on www.sportlounge.com to authorized participants (e.g. by displaying the content on the Video Portal),
  • to edit and reproduce the content insofar as this is necessary for hosting or publishing the respective content and its use on www.sportlounge.com, and
  • to grant third parties rights of use – including paid rights of use – to the content in accordance with these Terms of Use
  • to use club and league logos on the Video Portal.
  • If the participant removes content uploaded by them from the Video Portal, the rights of use and exploitation granted to the Service Provider above shall expire. However, the Service Provider remains entitled to retain copies made for backup and/or verification purposes. Rights of use already granted to participants in relation to the uploaded content also remain unaffected.
  • The participant therefore represents and warrants to the Service Provider that they are the sole owner of all rights to the content uploaded by them to the Video Portal, or are otherwise entitled (e.g. through valid permission from the rights holder) to upload the content to the Video Portal and grant the rights of use and exploitation under Section 4.4.2.

4.4.3 The Service Provider reserves the right to refuse the uploading of content and/or to edit, block or remove content already uploaded without prior notice if the participant’s uploading of the content or the uploaded content itself has resulted in a violation of these Terms of Use or if there are specific indications that a serious violation will occur. However, the Service Provider will take into account the legitimate interests of the participant and choose a less severe measure to prevent the violation.

4.4.4 Participating clubs are obliged to provide every official league home match using the upload software of sportlounge.com in the prescribed format. Only after the upload has been completed may the participating club use its participant accounts to access other matches 5 days before and 5 days after its own home match. This applies only from the beginning of the respective home match. If the video quality is insufficient, the Service Provider may inform the participating club. If, following such notification, no video of sufficient quality is provided, the blocking described above shall take effect.

4.4.5 If the participant violates their obligation to provide the home match 3 times or more, the Service Provider reserves the right to permanently block the accounts. The participant shall have no right to reimbursement of fees where accounts are blocked for the reasons stated above.

4.5.3 Downloaded content may not be uploaded to other websites, e.g. YouTube or Facebook.

4.5.5 Otherwise, all rights to the content remain with the original rights holder (the Service Provider or the respective third party).

4.5.6 Participants may upload files with a maximum file size of 50 MB per minute of video.

4.6 Prohibited Activities

4.6.1 The services available on the Video Portal are intended exclusively for non-commercial use by participants. Any use for or in connection with commercial purposes is prohibited unless such use has previously been expressly permitted in writing by the Service Provider.

4.6.2 Participants are prohibited from carrying out any activities on or in connection with the Video Portal that violate applicable law, infringe the rights of third parties or violate the principles of youth protection. In particular, the following activities are prohibited:

  • uploading, distributing, offering or advertising pornographic content, services and/or products that violate youth protection laws, data protection law and/or other laws and/or are fraudulent;
  • using content through which other participants or third parties are insulted or defamed;
  • using, providing or distributing content, services and/or products that are legally protected or subject to third-party rights (e.g. copyrights) without being expressly entitled to do so.

4.6.3 Furthermore, regardless of any possible violation of law, participants are prohibited from carrying out the following activities when uploading their own content to the Video Portal or engaging in other activities:

  • distributing viruses, Trojans and other harmful files;
  • sending junk or spam emails or chain letters;
  • distributing suggestive, offensive, sexually explicit, obscene or defamatory content or communications, as well as content or communications that are capable of promoting or supporting racism, fanaticism, hatred, physical violence or unlawful acts (whether explicitly or implicitly);
  • requesting other participants to disclose passwords or personal data for commercial or unlawful purposes;
  • distributing and/or publicly reproducing content available on the Video Portal unless the participant has been expressly permitted to do so by the respective author or such functionality is expressly provided on the Video Portal.

4.6.4 Participants are also prohibited from any action that is likely to impair the smooth operation of the Video Portal, in particular by placing excessive load on the Service Provider’s systems.

4.6.5 If a participant becomes aware of illegal, abusive, contractually prohibited or otherwise unauthorized use of the Video Portal, the participant must immediately inform the Service Provider. The Service Provider will then investigate the matter and, where appropriate, take suitable action.

4.6.6 If there is suspicion of unlawful or criminal activity, the Service Provider is entitled and, where applicable, obliged to investigate activities and, where appropriate, take suitable legal action. This may also include forwarding the matter to the public prosecutor’s office.

4.7 Blocking of Access

4.7.1 The Service Provider may temporarily or permanently block access to the Video Portal if there are specific indications that a participant has violated or is violating these Terms of Use and/or applicable law, or if the Service Provider otherwise has a legitimate interest in blocking access. When deciding on a block, the Service Provider will appropriately take the participant’s legitimate interests into account.

4.7.2 In the event of temporary or permanent blocking, the Service Provider will block the access authorization and notify the participant by email.

4.7.3 In the event of temporary blocking, the Service Provider will reactivate the access authorization after expiry of the blocking period and notify the participant by email. Permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from participation in the Video Portal and may not register again on the Video Portal.

5.1 Data Protection

5.1.1 The Service Provider’s quality standards include the responsible handling of participants’ personal data (hereinafter referred to as “personal data”). Personal data resulting from registration on the Video Portal and use of the available services is therefore collected, stored and processed by the Service Provider only to the extent necessary for contractual performance and permitted by statutory provisions or ordered by law. The Service Provider will treat personal data confidentially and in accordance with applicable data protection law and will not disclose it to third parties.

5.1.2 In addition, the Service Provider will use personal data only where the participant has expressly consented to such use. Consent given by the participant may be revoked at any time.

6.1 Limitation of Liability for Free Services

6.1.1 If the participant suffers damage through the use of services made available free of charge on the Video Portal (including accessing free content), the Service Provider shall only be liable insofar as the damage arose from the contractual use of the free content and/or services, and only in cases of intent (including fraudulent intent) and gross negligence on the part of the Service Provider.

6.2 Limitation of Liability for Paid Services

In connection with the use of paid services (including access to paid content), the Service Provider shall be liable in accordance with the following provisions:

6.2.1 The Service Provider shall be liable without limitation for damage caused intentionally or through gross negligence by the Service Provider or its legal representatives, executive employees or ordinary agents.

6.2.2 In cases of slightly negligent breaches of only insignificant contractual obligations, the Service Provider shall not be liable. Otherwise, the Service Provider’s liability for damage caused by slight negligence shall be limited to damage that can typically be expected to occur within the respective contractual relationship (contractually typical foreseeable damage). This shall also apply to slightly negligent breaches of duty by legal representatives, executive employees or ordinary agents of the Service Provider.

6.2.3 The above limitation of liability shall not apply in cases of fraudulent intent, bodily injury or personal injury, breach of guarantees, or claims arising under product liability.

7.1 Written Form Requirement

7.1.1 Unless expressly stated otherwise in these Terms of Use, all declarations made in connection with participation in the Video Portal must be made in writing or by email. Changes to contact details remain reserved.

7.2 Severability Clause

7.2.1 If any provision of these Terms of Use is or becomes invalid, the legal validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intention of the parties.

7.3 Applicable Law

7.3.1 These Terms of Use shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

7.4 Place of Jurisdiction

7.4.1 The exclusive place of jurisdiction for all disputes arising from these Terms of Use shall, insofar as such an agreement on jurisdiction is permissible, be the registered office of the Service Provider.