As of Mai 2018
1.1 Operator of the applications “Onefootball” (“App” or “the Apps”) is the Onefootball GmbH, Greifswalder Strasse 212, 10405 Berlin (hereinafter “Onefootball”).
1.2 Onefootball allows users of the mobile and web applications (hereinafter “Apps”) to consume and share various media-based football news in a simple and straightforward manner. Such media materials are stored by different hosting platforms (e.g. YouTube, Vimeo, Dailymotion) or by Onefootball directly. The Apps are made available to users of different mobile end devices (e.g. iOS, Android, etc.) or via the web app and can currently be used worldwide in several languages in a fast and user-friendly way. As a football community, Onefootball provides a platform that enables fans to follow their favourite teams and share news with friends, and presents football news, live scores, videos and other functions on a variety of channels.
2.1 These terms and conditions apply to Onefootball Apps and include all online services, content, features and offers within the various apps in the offered operating systems (iOS, Android, Windows). By using Onefootball Apps, you agree to the terms and conditions’ validity and accept them as binding. Please read them carefully.
2.2 The terms and conditions are applicable for both consumers and businesses. They are always available online and apply to all one-time and ongoing services, unless specific rules apply. Opposing or deviating terms and conditions of the user are not binding, unless they are expressly agreed upon in writing.
2.3 Onefootball reserves the right to change these terms and conditions or to adapt them in the future, e.g. due to legal changes, in order to take into account changes in services or loopholes. In that case, users will be informed in an appropriate manner.
3.1 Subject of this contract is the free-of-charge or in-return-for-payment use of Onefootball Apps.
3.2 The contractual relationship between you and Onefootball becomes effective by clicking the “install” button on the product description page of the respective app stores and, if applicable, typing your respective password or by using the web app via http://app.onefootball.com.
3.3 The service of Onefootball is addressed to users who are 14 and older. Users under 18 years (“minors”) require the consent of their parent or guardian.
3.4 In the free-of-charge version of the Apps, advertising is displayed and may take the form of banners, full-screen or logos of sponsors and may need to be closed by clicking a box to go back to the App. Users of the respective App are not allowed to edit, remove or obscure any advertisements.
3.5 The paid version of the mobile app (“Onefootball Banner Free”) can be used without the display of advertisements.
Onefootball Banner Free can be purchased for a football season for an amount equal to 3.99 €. The price includes applicable taxes. The purchase will be made via your respective app store and your chosen method of payment therein.
By using this release, you agree that the invoice will be sent by electronic means (e-mail), which is valid without signature.
If you buy this feature when using the app, the banner ads, which are usually shown via a so-called ad server in a “in-steam”- format, will be disabled.
Please note that branding and product integrations are not considered as advertisements and therefore are not part of the Banner Free version. Such integrations are usually campaigns from exclusive business partners of Onefootball, which are integrated in the app and become part of the product.
After the expiration of the season, you can purchase Onefootball Banner Free again. The Banner Free version will not be automatically renewed but discontinued at the end of the season. A separate notice is not required.
We expressly inform that Onefootball cannot influence the advertising in news, articles and contributions from third parties that are integrated in the Apps – such advertisements will not be turned off by the feature.
3.6 Onefootball reserves the right to cease rendering services that are free of charge at any time without prior notice. In this case the user is not entitled to claim continuation of the service.
3.7 Onefootball reserves the right to extend, modify or delete services or to make improvements, especially if these serve the technical progress, appear to be necessary or prevent abuse. The changes can alter the appearance, design, navigation or features of the Onefootball Apps. In this case Onefootball does its best to consider the user experience.
3.8 Both users and Onefootball may terminate this contract with immediate effect at any time for the free version as well as for the Banner Free version. In this case, you are no longer bound by these terms and conditions. Denunciation shall be effective by deleting the App from the respective mobile device. A refund for the paid version Onefootball Banner Free is not possible.
4. Registration and usage of Onefootball Apps
4.1 You may download and use the Apps without registration on different devices in the respective app stores or use the web app. For some functions, in particular social media channels, a registration is required.
4.2 Onefootball offers various methods of registration among which you are free to choose (Facebook, Twitter, Google).
For a registration within an App you must specify the necessary data truthfully and completely if these are not marked as voluntary. You must choose a username and a valid e-mail address.
4.3 If maintenance is required and therefore an App of Onefootball is not available, you will be informed in advance if possible. Onefootball is not responsible for internet-/network-related downtime and especially not for downtime in which an App is not available due to technical or other problems not within Onefootball’s sphere of influence (e.g. force majeure, third party, etc.).
5. Rules of the game
5.1 In your profile you have the option to upload a profile picture. Before uploading any photos, you are responsible for ensuring that you own or are entitled to use the photo. You must ensure that the image or other uploaded content does not violate any legal regulations or third-party rights. You are solely responsible for the data, images, and content you provide. Onefootball checks neither their accuracy nor for viruses.
5.2 You are not allowed to publish or upload images with violent, pornographic, discriminatory, abusive, racist, defamatory or otherwise illegal content or images. Pictures showing another person than yourself may only be uploaded on the Onefootball App if you have the person’s consent.
5.3 In the respective App, content provided by Onefootball (e.g. news articles, pictures, etc.) may not be copied, distributed or otherwise made publicly available without permission of the copyright holder – unless permitted by law.
5.4 It is forbidden to carry out attacks on the functionality of Onefootball Apps, such as the mass sending of e-mails (SPAM), hacking attempts, brute force attacks, the use or the sending of spyware, viruses and worms.
5.5 If you violate these rules, Onefootball is entitled to warn you, temporarily block your account, and even completely suspend your use of the app, as well as assist law enforcement in the prosecution of criminal liability or assert a civil or criminal legal action with respect to content or use of the App that Onefootball reasonably believes is or might be in violation of these terms and conditions. Failure or delay in taking such actions does not constitute a waiver of its rights to enforce these terms. Onefootball is not obliged to give prior warning or notice of a removal of content or termination of a user account.
5.6 Onefootball assumes no responsibility for your or any other user’s texts, provided content, images, data or for the content of linked external websites. In particular, Onefootball does not guarantee that this information is true or fulfils a specific purpose.
6.1 You will hold Onefootball harmless against all claims, including claims for damages asserted by other users or third parties (including public authorities), for an infringement of third-party rights resulting from your posted content in the App. The user covers all reasonable costs, including costs for legal defence, arising for Onefootball owing to a violation of the rights of third parties caused by the user. All other rights, including damage claims by Onefootball, remain unaffected.
6.2 The foregoing obligations shall only apply in so far as you are responsible for the infringement, you have acted knowingly or wilfully, or you have failed to exercise reasonable care.
6.3 You will take the appropriate measures to secure your uploaded and stored data and content regularly and create your own backups for reconstruction in the event of loss of data and information.
6.4 It is technically not possible for Onefootball to determine with certainty whether a registered user actually has the identity that he claims to have. Onefootball can therefore not accept any liability for the correct identity of users.
7. Responsibility for content/functionality of the Apps
7.1 Onefootball provides various media content within the individually offered Apps. The provided content may also be copyrighted third-party content. Such content does not belong to Onefootball and there is no way to change the content of third parties. Onefootball assumes no responsibility for the accuracy, legality, completeness and timeliness of contributions, in particular for the content and information contained on third-party websites, which are referred to via links from the App. Therefore Onefootball is not liable for damages caused by the provision of third party content, such as infringement of copyright or other rights of third parties.
7.2 Within the Apps, available third party media-material and content is not stored or hosted by Onefootball. The respective content of third parties is only stored in the corresponding hosting platforms (e.g. YouTube, Vimeo, Dailymotion). Onefootball has no influence on the scope and the period of storage and availability of any third-party content or media materials.
7.3 Users of the Apps have no right to demand the access to a certain piece of content or the availability of media functions.
7.4 Onefootball is not obligated to improve, update/upgrade the Apps or make available content and features in the respective App. Onefootball does not guarantee certain functionalities of the Apps.
8.1 Onefootball is liable only for intent and gross negligence, including intent or gross negligence of its representatives or agents.
In cases of slight negligence Onefootball is only liable
a) in case of culpable injury to life, body or health,
b) in case of culpable breach of an essential contractual obligation (a duty, whose fulfilment makes possible the purpose of the contract and the proper use of the Apps and on whose observance the user usually trust). The claim for damages is then limited to the foreseeable, typically occurring damage.
8.2 The above limitations do not apply if Onefootball fraudulently conceals a circumstance regarding the standard of the Apps or guarantees a certain functionality of the Apps. The same applies to any claims by the user according to the Product Liability Act.
Regarding the use of the service Onefootball Banner Free, you are generally entitled to a statutory right of revocation if you are a consumer who is ordinarily resident or resident in the European Union.
General – Right of revocation
You have the right to revoke this contract within fourteen days without providing a reason. The revocation period is fourteen days from the date of conclusion. To exercise your right of cancellation, you must inform Onefootball (letter, e-mail) of your decision to revoke this contract with a clear explanation. To comply with the revocation deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before this deadline.
Your right of revocation expires prematurely for contracts for the supply of digital content (such as the app) that are not saved on a tangible medium when Onefootball begins with the execution of the contract before the end of the revocation period after you explicitly agree and confirm that you will lose your right of revocation with the beginning of the contract’s execution.
11. Final provisions
The possible invalidity of one or more provisions of these terms and conditions shall not invalidate the remaining provisions.
Any use of the Onefootball Apps or data, information, texts, text parts or images contained herein, and every action, toleration or omission related to the use of the Apps is exclusively subject to German Law.
This also applies to the use or registration of users from other countries. The jurisdiction is determined by Onefootball’s location (Berlin, Germany).