KIKKZ

GTC

1. Scope of application

The following General Terms and Conditions govern the use of the ‘KIKKZ’ app (hereinafter referred to as the ‘App’) of the

Spotever UG (haftungsbeschränkt)
Am Ruhrstein 45
45133 Essen
Register court: Essen
Register number: HRB 30141
Authorised managing director: Leonardo Krull / Marcel Hader
USt-IdNR.: DE 325361813

(hereinafter referred to as ‘Provider’) by the users (hereinafter referred to as ‘Users’).

2. Registration and user account

2.1 Registration is required to use all of the app’s functions. Users can register free of charge by providing the required data.

2.2 Users are obliged to provide truthful information when registering and to keep their data up to date at all times.

2.3 Users are responsible for keeping the access data to their user account confidential and protecting it from access by third parties.

3. Use of the app

3.1 The ‘KIKKZ’ app offers users the opportunity to demonstrate their football knowledge in various playful scenarios.

3.2 Use of the app is free of charge. However, the provider reserves the right to introduce additional functions or content for a fee.

4. Data protection

4.1 The provider collects and processes users’ personal data in accordance with the provisions of the Privacy Policy. By using the app, users consent to the collection, processing and use of their data.

4.2 The provider may pass on anonymised user data to advertising partners in order to place target group-oriented advertising.

5. User content

5.1 By posting content in the public area of the user account, users grant the provider a free, sub-licensable non-exclusive right to use the content in the context of the game and its promotion, with the right to use the content in all known types of use. The licence is also granted for all unknown types of use. The aforementioned right of use includes in particular, but not exclusively, the following rights:

5.2 The right to reproduce, distribute, translate, rent, exhibit, perform, publicly reproduce and make available (wireless or wired), broadcast, combine with other works or products (including advertising), edit and use such combined or edited works to the above extent in any manner or form in connection with the Game.

5.3 The right to use the content in addition to the game via other Internet media and Internet-based types of use, e.g. RSS feeds, other Internet portals and communities as well as for other end devices (e.g. for mobile phones, game consoles, computers including mobile end devices such as laptops, PDAs, MDAs etc.) to the extent of the rights granted above. In the event of violations of the points listed, the user can be blocked by Spotever UG (haftungsbeschränkt) at any time without giving reasons.

6. User names and profile pictures

6.1 Users of the platform undertake not to use any content in their choice of user names and profile pictures that:

  • contain political symbols or messages,

  • is inhuman, defamatory, obscene, offensive, discriminatory or inappropriate in any other way,

  • infringe copyrights, trademark rights or other intellectual property rights of third parties,

  • violate applicable laws or morality.

6.2 The platform operators reserve the right to check user names and profile pictures at any time.

6.3 If a violation of the above guidelines is detected, the operators may take the following measures:

  • Resetting the profile picture and/or user name to a neutral standard,

  • notifying the user of the violation by e-mail with a request to choose a user name and/or profile picture that complies with the GTC.

  • In the event of repeated or serious violations, the operators reserve the right to temporarily or permanently block the user account.

  • The user will be informed of any account blocking by e-mail.

6.4  The user is solely responsible for all content that they upload or use and indemnifies the operators against any third-party claims resulting from a breach of these GTC.

7. Copyright

7.1 Content may only be uploaded by users if they are the authors and/or have sufficient rights for this use (such as rights of use and, if applicable, exploitation rights) and are permitted to use it, in particular to reproduce it publicly, make it publicly available, edit it and sub-licence it.

7.2 If content is posted, in particular e.g. photos in which other persons can be recognised in addition to users, this may only be done if the consent of the third person(s) has been obtained.

7.3 In particular, users are prohibited from:

  • to unreasonably harass other users (in particular through spam), e.g. to send game invitations to the e-mail addresses of other players whose presumed consent has not been obtained.
  • to post content protected by law (e.g. by copyright, trademark, patent, design or utility model law) or to advertise, offer or distribute goods or services protected by law without being authorised to do so and without having obtained the provider’s consent to do so.
  • distribute and publicly reproduce game content generated by third parties outside of the game, if and insofar as this is not done using the functions provided for this purpose in the game; own user-generated content may be distributed further, unless it infringes the rights of third parties or contains parts of the game.
  • perform actions that are likely to impair the functionality of the game’s infrastructure, in particular to place an excessive load on it.
  • block, overwrite, modify or copy the game as a whole or individual functions of the game, unless this is necessary for the proper use of these services.

8. Disclaimer

8.1 The provider is not liable for damage caused by the use of the app, unless it is due to gross negligence or intent on the part of the provider.

8.2 The provider assumes no liability for the accuracy, completeness or timeliness of the content provided in the app.

9. Changes to the GTC

The provider reserves the right to amend these General Terms and Conditions at any time. Users will be notified of the amended terms and conditions in good time.

10. Final provisions

10.1 The law of the Federal Republic of Germany shall apply.

10.2 Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

10.3 The place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of the provider.