General Conditions of Use
General Conditions of Use laid down by FC Bayern München AG for utilisation of information facilities and services on website https://fcbayern.com
1. Scope of application
1.1 These Conditions of Use are applicable to the utilisation of information facilities and services which you (whereby you are referred to below as the “User”) can subscribe to and utilise on the website https://fcbayern.com , provided that this is not subject to any other Terms & Conditions. This relates to information facilities and services relating to FC Bayern München AG, Säbener Straße 51-57, 81547 Munich, represented by the directors: Karl-Heinz Rummenigge, Jan-Christian Dreesen, Andreas Jung, Oliver Kahn, Hasan Salihamidžić and Jörg Wacker (hereinafter referred to as "FCB").
1.2 FCB reserves the right to amend these Conditions of Use with future effect.
2.1 For purposes of using individual information facilities and services on the website https://fcbayern.com and to create a subscription, the User can or must register. In this context, the User undertakes to make a correct and full statement of information as required for purposes of registration, and he/she should keep such information up-to-date if any changes arise. The User can, once logged in, enter updates under “My FCB profile”.
2.2 FCB reserves the right at any time to extend, to amend or to apply improvements to the services which are offered, if the changes are reasonably acceptable to the User, taking account of FCB’s interests. This will be the case, in particular, if the changes do not entail any financial disadvantages for the User, such as in cases where new functionalities are introduced.
2.3 You are allowed to register once only, in order to prevent duplicates from arising. (If you have forgotten your password, you can set a fresh password using the “Forgot my password” function.)
2.4 The User undertakes never to disclose his/her password, even if asked to do so. Please note that FCB and/or service employees should never ask the User for his/her password.
2.5 The User will be liable for any losses arising due to third parties’ finding out his/her password due to the User’s negligent or wilful action. If the User’s password has been stolen, or if the User finds out that his/her password has been abused by third parties, then FCB should be informed immediately, either via the feedback section or by email.
3. User’s obligations
3.1 The facilities may be used exclusively for private purposes. Utilisation for commercial purposes is not permitted. In particular, the User may not use the services in order to advertise other websites, services or commercial offers.
3.2 The User is under obligation to refrain from infringing applicable legal regulations in his/her use of the website and the services offered on it. In particular, the User must ensure that the content (including links) which the User distributes does not infringe any third-party rights (such as copyright, for example), must ensure that his/her content complies with applicable criminal law regulations and regulations for the protection of young people, with particular reference to avoiding the propagation of any racist, pornographic or obscene content or content which glamorises violence or drugtaking, and also any abusive content or any content unsuitable for minors. Furthermore, the User undertakes to refrain from distributing any viruses or unsolicited mass transmissions, and to refrain from any other steps that could jeopardise the functioning and availability of the services. It is also forbidden to issue invitations to participate in chain letters, pyramid games or any other gambling.
3.3 The User is fully and directly responsible for his/her own behaviour and for content which he/she introduces (including links). In this context, the User hereby holds FCB exempt from any third-party claims and from the costs of any required legal defence directed against FCB as a result of the User’s action or content.
4. Third-party content; Deletion of content
4.1 Content posted, sent or received by Users does not constitute FCB’s content (“third-party content”): rather, such content is attributable exclusively to the User which has posted it. Because such content is set in real time, it is not possible for FCB to examine content immediately.
4.2 The User agrees to the utilisation and publication of his/her content on all platforms.
4.3 As soon as FCB detects any obviously illegal content, FCB is entitled to delete such content without prior notice. This will arise, in particular, in the event of any infringement against the provisions of clause 4.2 above. The same will apply to any instance where FCB receives an order from the Government or from Court to remove such content or where FCB gives a third party its undertaking to discontinue the presence of any content in order to avoid Court proceedings. In other cases where there is well-founded suspicion of malpractice, FCB may in the 1st instance delete the content as a precaution against further loss, and may then initially block the User.
5.1 FCB is subject to unlimited liability for wilful and gross negligence. In the event of moderately negligent infringement of a cardinal obligation or of a subsidiary obligation -- whose infringement jeopardises the achievement of the purpose of contract, or whose fulfilment is in any case a prerequisite for the correct operation of the contract, and upon whose fulfilment the User is entitled to rely (hereinafter referred to as a “substantial subsidiary obligation”) -- FCB’s liability will be restricted to losses which are typically associated with such contracts and which are foreseeable at the stage of entering into a contract. FCB will not be held liable for moderately negligent infringement of contractual subsidiary obligations which do not count as substantial subsidiary obligations.
5.2 The above liability exclusions and restrictions do not apply to losses culpably arising in the form of loss of life, physical injury or damage to health, and do not apply to liability for the User’s claims where filed on the basis of product liability regulations or on the basis of malicious deception, nor from the acceptance of any guarantee of characteristics. This does not entail any change in the burden of proof to the User’s detriment.
5.3 These liability exclusions and restrictions also extend to the direct liability of FCB’s legal representatives and agents.
6. Chronological term
Free-of-charge services may be terminated by both parties, with immediate effect and without it being required to indicate any reasons. The User may, in the logged-in state, de-register from the corresponding service using the appropriate de-registration procedure. If you wish to terminate your personal user account, please send an email to firstname.lastname@example.org . Concerning the newsletter, the User is also made aware – in the footer to each newsletter – of this facility for de-registration. FCB will notify the User of the termination of any service, by sending an email to the email address that was given at the stage of registration.
7. Data protection
FCB regards the protection of personally-related data as highly important. Where FCB collects or processes any personally-related data in the context of its activities, this is done exclusively in accordance with data protection regulations with particular reference to GDPR, the European basic data protection regulations. Further information concerning data processing can be found in FCB’s data protection declaration on https://fcbayern.com/en/privacy.
8. Alternative resolution to disputes under consumer dispute resolution regulations
FCB is neither willing nor obliged to participate in dispute resolution proceedings conducted at consumer arbitration centres.
9. Applicable law; Partial invalidity
9.1 German law shall apply, to the exclusion of UN commercial law. If the User is a consumer as defined by §13, German civil code, and if his/her regular place of domicile is located in a European economic area State other than Germany, then he/she retains the right of protection according to the applicable provisions of his/her country of residence, and such provisions cannot be departed from by any agreement.
9.2 In the event that one or several provisions of these Conditions of Use should be or become wholly or partially invalid, then this shall not affect the validity of the Agreement and of its other provisions.
As at: July 2020