§ 1 General (subject matter of the contract, scope, changes)
(1) SCOUTORY Sport, represented by the sole proprietor Matthias Haufer, hereinafter referred to as "SCOUTORY", operates a website under the name "SCOUTORY", where users can view information about professional basketball players.
(3) They apply exclusively to entrepreneurs. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when placing an order.
(6) All prices are net Euro prices plus the applicable statutory value added tax.
§ 2 Conclusion of Contract, Subscription, Term
(1) The contract between SCOUTORY and the respective user is concluded when the user clicks the "Buy" button.
(2) The price as well as the billing mode are based on the service/price description displayed before booking.
(3) The subscription lasts until the end of the agreed term. There is no automatic renewal. Ordinary termination during the term of the contract is excluded. Any extraordinary termination for good cause is unaffected by this.
§ 3 Functions
(1) The individual subjects of the service as well as the scope of the services to be provided by SCOUTORY result from the service description. In principle, SCOUTORY provides services of a portal with information about professional basketball players to the user. SCOUTORY provides the user with the Internet site including the payable content in the current version via the Internet for the duration of the respective contract.
(2) The communication between users and the internet site is done via internet.
(3) For full use of the platform, the User's terminal device must meet the technical requirements demanded at the time of installation and/or creation of the user account. A continuous internet connection during the use of the website is required. The technical requirement for using the web interface is an up-to-date Internet browser. In order to use all functionalities, Java Script should be activated.
(4) SCOUTORY may use the help of third parties to fulfill its service obligations.
(5) If SCOUTORY is in default with the owed service, the user is only entitled to withdraw from the contract if SCOUTORY does not comply with a grace period set by the user.
(6) The place of performance is generally at the registered office of SCOUTORY, unless otherwise specified in the contract or the nature of the activity.
§ 4 Right of Use
(1) The agreed upon rights of use of SCOUTORY's services are not transferred until full payment has been received. In case of recurring services, this transfer is subject to the condition of the respective payment of the respective monthly rent. If there is no separate right of use agreement in the underlying offer, the user basically only receives a simple, non-transferable right of use, limited in time to the term of the contract, for the intended use for the use of the Internet site and the associated content.
(2) Any other use of possible contents is not permitted, reference is made to § 5.
§ 5 Duties of the User
(1) The user must provide true and complete information during registration and update this information as necessary.
(2) During communication the user has to consider the interests of other users, in particular the user has to refrain from actions that violate the rights of third parties, including data protection or personal rights or applicable laws and regulations.
(3) The user is fully responsible for all activities that occur via his user account and the secrecy of the login data and password.
(4) The user is obligated to use the services rendered and/or to be rendered by SCOUTORY, created works and/or provided rights of use only for the contractually agreed purposes.
(5) The user is obligated to check the legal admissibility of his actions in the context of using the services of SCOUTORY.
(6) The user is obligated to prevent unauthorized access of third parties to the protected areas of SCOUTORY services by taking appropriate precautions. For this purpose, the user will, if necessary, instruct his employees to comply with copyright law.
(7) The user is responsible for entering and maintaining his data and information required to use the services.
(8) The User is obligated to keep his access data secret and not to make it accessible to third parties.
(9) The use by crawlers, web agents or similar software tools, which contradict a contractual, usual use, is prohibited to the users.
(10) If third parties assert claims against SCOUTORY according to the previous clauses, SCOUTORY will inform the user immediately. The user agrees to indemnify SCOUTORY from any liability towards third parties, to support SCOUTORY in its legal defense and to bear the costs of the appropriate legal defense, provided that SCOUTORY is not guilty of contributory negligence.
§ 6 Blocking
(2) SCOUTORY can block a user in particular if the user has provided false information during registration, violates the rights of third parties, misuses the services of the website, passes on or duplicates access data or if there is another important reason.
(3) If the user's account has been blocked or terminated by SCOUTORY, the user is not entitled to register again.
§ 7 Warranty/Liability
(1) SCOUTORY guarantees that the website is in accordance with the accepted rules of technology and that it does not have any defects that would reduce or eliminate the value or the suitability for the normal use or the use required by the contract.
(2) The liability of SCOUTORY for defects in free services is limited to the case that SCOUTORY fraudulently conceals a defect from the user. The user does not have any claims for defect removal by SCOUTORY for free services. The liability of SCOUTORY for defects in the right to free services is limited to the case that SCOUTORY fraudulently conceals a defect in the right to free services from the user.
(3) The user is obligated to immediately report any defects or damages that could disrupt the operation or security of the service. In doing so, the user shall take all measures that enable the determination of the defects or damages and their causes or facilitate or accelerate their elimination.
(4) Whether a defect exists shall be determined in accordance with the statutory provisions. Accordingly, a defect exists in particular if the services do not fulfill the functions specified in the service description or do not function properly in other ways, so that the use of the Internet site is impossible or only possible to a limited extent.
(5) SCOUTORY is obligated to correct defects in chargeable content. When correcting defects, SCOUTORY will make every effort to ensure that no interruption of use occurs, as far as possible. The warranty is based on the legal regulations regarding the rental contract, §§ 535 ff BGB. The § 536 a Abs. 1, 1. Alt. BGB, which includes a no-fault claim for damages by the user against SCOUTORY, is excluded.
(6) SCOUTORY is not liable for claims arising from the fact that the services are temporarily unavailable to the user, in particular due to maintenance work, provided that the outage does not exceed a total time of more than 1.0% of a year per calendar year and in case of longer outages there is no intent or gross negligence.
(7) As long as the user has not fully paid the remuneration due according to the respective contract and the user does not have a legitimate interest in retaining the overdue remuneration, SCOUTORY is entitled to refuse the supplementary performance.
(8) The liability for defects is excluded for defects caused by external influences for which SCOUTORY is not responsible or by improper use by the user. It is also excluded if the user himself or third parties make changes and/or additions to the services of SCOUTORY without explicit approval in text form. However, the user can provide counter evidence that the respective modification and/or addition is not the cause of the defect.
(9) The user will check with due diligence whether a defect subject to supplementary performance exists before asserting claims for supplementary performance. If an alleged defect is not subject to the obligation of supplementary performance (pseudo defect) or SCOUTORY has increased expenses due to an insufficiently determined error message, the user can be charged for the services rendered by SCOUTORY for verification and error correction at the applicable fee rates plus the expenses incurred, unless the user could not have recognized the pseudo defect even with the exercise of due diligence.
11. Place of performance for the supplementary performance is the registered office of SCOUTORY.
12. Within a reasonable period of time, SCOUTORY is entitled to at least five attempts of supplementary performance. The failure of a fifth attempt of supplementary performance does not necessarily mean the final failure of the supplementary performance. Rather, SCOUTORY is entitled to make further attempts at supplementary performance within the set deadlines or in view of the circumstances of the individual case.
13. SCOUTORY is liable without limitation for damages caused intentionally or by gross negligence, for fraudulent concealment of defects, for the assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, body or health.
14. SCOUTORY is only liable for other damages if an obligation is violated, the compliance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation).
15. In case of slight negligence according to number 17, the liability is limited to the amount of the foreseeable damage, which can typically be expected to occur.
16. SCOUTORY is not liable for the loss of data and/or programs if the damage is caused by the user's failure to perform regular data backups at short intervals as is customary in the industry and to ensure that lost data can be recovered with reasonable effort.
17. The above liability regulations are also valid for the vicarious agents of SCOUTORY.
18. Liability is otherwise excluded.
§ 8 Data Protection
§ 9 Force Majeure
SCOUTORY is released from the obligation to perform in cases of force majeure. Force majeure includes all unforeseen events as well as events whose effects on the fulfillment of the contract are not the responsibility of either party. These events include in particular pandemics, epidemics, lawful industrial action, also in third party companies as well as official measures.
§ 10 System Availability
(1) For the free services of SCOUTORY there is no claim to specific availability.
(2) For the chargeable services SCOUTORY offers a network availability of 99% on an annual average. Excluded from this are the times for maintenance and service work by SCOUTORY, which will be announced in time.
§ 11 Final Provisions
(2) As far as the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or moves his domicile or habitual residence out of Germany after the conclusion of the contract, or his domicile or habitual residence is not known at the time of filing a lawsuit, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the parties is in all these cases the place of business of SCOUTORY.
(3) The conclusion of the contract takes place exclusively in the English language.