Terms of Use

General Terms of Use

 

General Terms of Use of FC Bayern München Basketball GmbH for the use of the information services and services of the website https://fcbayern.com/basketball (the "Website").

 

1. Scope 

 

1. 1. These terms of use apply to the use of the information services and services (e.g., information about our teams, games, and the club) that users can access on the Website. These are information services and services of FC Bayern München Basketball GmbH, Siegenburger Straße 45, D-81373 München, represented by managing director Marko Pesic (hereinafter referred to as "FCBB").
   2. Additional terms may apply to further services that users access on the Website (e.g., ticket purchases, myFCB login).
   3. In these terms of use, the use of the term "user" refers to all genders and is to be understood in a gender-neutral manner.
2. User Rights
   1. Subject to the provisions of these terms of use, FCBB grants the user a worldwide, non-exclusive, non-transferable, and non-sublicensable right, limited to the period of online use, to use the Website and the associated functionalities for the intended purpose for personal use only. Commercial use of the Website is prohibited.
   2. Further use of the Website is not permitted unless expressly agreed upon in these terms of use, otherwise permitted, or required by mandatory legal provisions. In particular, the user is not permitted to copy, rent, lend, sublicense, distribute, reproduce, make publicly accessible, edit, translate, arrange, reverse engineer, or make other modifications to the Website or the information contained therein, in whole or in part, or to use the results of such actions to reproduce, distribute, or produce a competing product.
3. Quality Standards

FCBB endeavors to provide services in accordance with these terms of use related to the Website free of defects and interruptions. However, error-free and uninterrupted service provision cannot always be guaranteed. In the event of errors, interruptions, or other impairments to quality, FCBB will restore normal operation as soon as possible.

1. Technical Requirements

Access to the Website is provided via telecommunications means. To use the Website, the user needs internet access, terminal device, web browser, and JavaScript activation – each according to the current state of the art. FCBB does not provide any of the required hardware, software, or other requirements.

1. Limitation of Liability
   1. FCBB shall be liable without limitation in cases of intent and gross negligence. In the event of slight negligence in breach of a material contractual obligation or a secondary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user may rely (hereinafter "material secondary obligation"), FCBB's liability shall be limited to damages typically foreseeable at the time of conclusion of the contract. FCBB shall not be liable for slight negligence in breach of contractual secondary obligations that are not material secondary obligations.
   2. The above liability exclusions and limitations shall not apply in the event of culpably caused damages resulting from injury to life, body, or health, liability under the Product Liability Act, liability for claims of the user under fraudulent deception, or in the event of assuming a guarantee of quality. This does not entail a change in the burden of proof to the detriment of the user.
   3. Sections 5.1 and 5.2 of these terms of use "Website" shall apply mutatis mutandis to FCBB's liability for futile expenses.
   4. The user is obliged to take appropriate measures to prevent and mitigate damages.
   5. The above liability exclusions and limitations also apply to the personal liability of FCBB's legal representatives and vicarious agents.
2. Data Protection

Information on the processing of personal data can be found in the privacy policy of FCBB for the Website at https://fcbayern.com/basketball/de/datenschutz. Information on the use of cookies on the Website can be found in the Cookie Settings.

 

1. Modification of these Terms of Use

FCBB is entitled to change these terms of use at any time if necessary. The terms of use applicable at the time of access by the user shall apply.

1. Reference to EU Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) on a platform operated by it (http://ec.europa.eu/consumers/odr). It serves as a point of contact for out-of-court settlement of disputes arising from contractual obligations in online purchase agreements. Our email address can be found in the imprint.

1. Alternative Dispute Resolution under the Consumer Dispute Resolution Act

Please note that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

As of: September 2023