(1) GSG Great Sports GmbH (hereinafter referred to as "service provider") provides a free App with which duly registered participants can be connected to iVibes products intended for this, reads in the fitness data recorded and shares it and gets in touch and communicates with other participants. Participants can create individual personal profiles, call up content available via the App and use the other free services that are currently available via the App, depending on the availability. More information about the services can be found in the description of service, Article 8.
(2) These terms of participation and terms of use regulate the provision of the services by the service provider and the use of these services by you as a duly registered participant.
(3) You can find information about the service provider here.
(1) The service provider reserves the right to amend these terms of participation and use at any time, also with effect within the existing contractual relationships. The service provider will inform you of such amendments at least 10 calendar days before the planned entry into force of the amendments.
Article 3 Registration authorisation (1) The use of the services available in the App requires your registration as a participant. There is no entitlement to participation. The service provider is entitled to reject requests to participate without giving reasons.
(2) Registration is only permitted to natural persons if they are of legal age and have unlimited legal capacity. Minors are not allowed to register.
Article 4 Registration
(1) Registration is either done by entering your data via the App directly (such as name, e-mail address) or via your Facebook profile.
(2) When registering by entering data via the App, this is checked. You must provide the contact details and other information requested by the service provider during the registration process completely and correctly.
(3) After you have entered all the requested data, they will be checked by the service provider for completeness and plausibility. If the information is correct from the point of view of the service provider and there are no other concerns from the point of view of the service provider, the service provider will activate your requested access and notify you of this by e-mail. The e-mail is considered acceptance of your request to participate. As soon as you receive the e-mail, you are entitled to use the App within the framework of these terms of participation and use. To do this, you must confirm your activation in advance by clicking on the link contained in the e-mail.
(1) During the registration process, you will be asked to provide a user name and password. With these data you can use the App after you have activated your access and confirmed it in accordance with Article 4 (3). It is your responsibility that the user name does not violate the rights of third parties and does not violate common decency.
(2) The access data including the password are to be kept secret by you and not to be made accessible to unauthorised third parties.
(3) It is also your responsibility to ensure that your access to the App and the use of the services available through it are made exclusively by you or the persons you have authorised. If there is reason to fear that unauthorised third parties will have or will become aware of your access data, the service provider must be informed immediately.
You are liable in accordance with the statutory provisions for any use and / or other activity that is carried out under your access data.
You are obliged to keep your data up-to-date. If a change of the given data occurs during your participation, you have to correct the data immediately in the App in your personal settings. If you should not succeed in doing so, please inform us of your changed data immediately by e-mail or fax.
Article 7 Termination of participation (1) You can terminate the usage agreement regarding the App at any time by unsubscribing.
(3) Upon the termination becoming effective, the contractual relationship ends and you may no longer use your access. The service provider reserves the right to block the user name and the password when the termination takes effect.
(4) The service provider is entitled to irretrievably delete all data arising from your participation within 30 calendar days of the effective date of the termination and after expiry of any statutory retention periods.
(1) The service provider provides you with various information and other services for temporary use via the App. Such services can be, for example, the making available of data, contributions, picture and sound documents, information and other contents (hereinafter collectively referred to as "contents"), furthermore the possibility to create individual profiles and to get in contact with other participants by writing personal messages.
Content and scope of the services are determined by the respective contractual agreements, otherwise by the current functionalities available in the App.
(2) The services available via the App may also include services of third parties, to which the service provider only provides access. For the use of such services - which are in each case identified as services of third parties - regulations that differ from these conditions of participation and use or additional regulations may apply, to which the service provider will refer you in each case.
(3) Since the services are provided free of charge by the service provider, you are only entitled to use the services available via the App within the framework of the technical and operational possibilities of the service provider. The service provider makes every effort to ensure that his services can be used without interruption. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of power supply, hardware and software faults, technical problems in the data lines).
The service provider is entitled at any time to amend the services provided free of charge via the App, to make new services available free of charge or against payment and to discontinue the provision of free services. In doing so, the service provider will always take your legitimate interests into account.
Article 10 Protection of contents, responsibility for the contents of third parties (1) The content available via the App is predominantly protected by copyright or other protective rights and is the property of the service provider, the other participants or other third parties who have made the respective content available. The compilation of the contents as such may be protected as a database or database works as defined by Articles 4 (2), 87a (1) UrhG (Copyright Law). You may only use this content in accordance with these terms and conditions of participation and use and within the scope specified by the App.
(2) The content available via the App originates partly from the service provider and partly from other participants or other third parties. Contents of the participants and other third parties are hereinafter collectively referred to as "third party contents". The service provider does not check third party content for completeness, correctness and legality and therefore assumes no responsibility or guarantee for the completeness, correctness, legality and timeliness of the third party content. This also applies with regard to the quality of the third party content and its suitability for a specific purpose, and also insofar as it concerns third party content on linked external websites.
All content in the App is third party content, except for content with a service provider copyright notice.
(1) Your right of use is limited to the use of the services available via the App within the framework of the provisions of these conditions of participation and use.
(2) You are personally responsible for creating the technical prerequisites necessary in your area of responsibility for the contractual use of the services. The service provider does not owe you any advice in this regard.
(3) The service provider points out that your usage activities can be monitored to the extent permitted by law. This may also include the logging of IP connection data and call progress as well as their evaluation in the event of a concrete suspicion of a breach of these conditions of participation and use and/or in the event of a concrete suspicion of the existence of any other unlawful act or criminal offence.
(1) To the extent that functionality is available in the App, you can customise your user profile within the framework of these terms of participation and use.
(2) The service provider does not normally verify the identity of profile holders and the information contained in the profiles. The service provider therefore does not guarantee that each profile owner is the person the respective profile owner claims to be.
(1) Insofar as functionality is available in the App, you may upload content via the App and thus make it available to third parties subject to the following provisions.
(2) By uploading content, you grant the service provider a free and transferable right to use the respective content, in particular
– to store the content on the server of the service provider and to publish it, in particular to make it publicly accessible (e.g. by displaying the content via the App),
– for processing and reproduction, insofar as this is necessary for the provision or publication of the respective content.
Insofar as you take down the content you have posted from the App, the right of use and exploitation granted to us above expires. However, we remain entitled to retain copies made for backup and/or verification purposes. The rights of use already granted to the participants in contents posted by you also remain unaffected.
(3) You are fully responsible for the content you upload. The service provider does not check the contents for completeness, correctness, legality, topicality, quality and suitability for a specific purpose.
You therefore declare and guarantee to the service provider that you are the sole owner of all rights to the content you have uploaded on the App, or that you are otherwise entitled (e.g. by effective permission from the rights owner) to upload the content on the App and to grant the rights of use and exploitation in accordance with paragraph (2) above.
(4) The service provider reserves the right to refuse to upload content and/or to edit, block or remove already uploaded content (including private messages and guestbook entries) without prior notice if the uploading of content by the participant or the uploaded content itself has led to a violation of Article 15 or there are concrete indications that a serious violation of Article 15 will occur. The service provider will, however, take your legitimate interests into account and choose the mildest means of defence against the violation of Article 15.
(1) Unless further use is expressly permitted in these terms and conditions of participation and use or in the App or is made possible in the App by a corresponding functionality (e.g. download button),
– you may retrieve and display the content available in the App online for personal purposes only. This right of use is limited to the duration of your contractual participation;
– you are prohibited from editing, modifying, translating, presenting or demonstrating, publishing, exhibiting, duplicating or distributing the content available via the App in whole or in part. It is also prohibited to remove or change copyright notices, logos and other marks or protective notices
(2) You are only entitled to download content ("Download") and to print content if the App provides a download or print option as a functionality (e.g. by means of a download button).
You are granted an unlimited and non-exclusive right to use the contents that you have properly downloaded or printed out for your own, non-commercial purposes. As far as contents are concerned which are made available to you against payment within the framework of the basic membership, a further prerequisite for this granting of rights is the complete payment of the respective contents. All other rights to the content remain with the original rights holder (the service provider or the respective third party).
(3) Your mandatory legal rights (including the reproduction for private and other personal use according to Article 53 Copyright Law) remain unaffected.
(1) The services available via the App are intended exclusively for non-commercial use by the participants. Any use for or in connection with commercial purposes is prohibited, unless such use has been expressly permitted by the service provider in writing. Unauthorised commercial use includes in particular
– all offers and applications for paid content, services and/or products, both your own and those of third parties,
– all offers, applications and the carrying out of activities with a commercial background such as competitions, raffles, barter transactions, advertisements or snowball systems, and
– any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g. for sending unsolicited e-mails).
(2) You are prohibited from any activities on or in connection with the App that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:
– the uploading, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data privacy laws and/or other laws and/or are fraudulent;
– the use of content by which other participants or third parties are insulted or defamed;
– the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so.
(3) Furthermore, regardless of any possible violation of the law, you are also prohibited from the following activities when posting your own content on the App or communicating with other participants (e.g. by sending personal messages, participating in discussion forums or writing guestbook entries):
– spreading of viruses, Trojan horses and other harmful files;
– the sending of junk or spam mails and chain letters;
– the distribution of offensive, indecent, sexually-oriented, obscene or defamatory content or communication as well as such content or communication that is/are suitable to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
– the harassment of other participants, e.g. through multiple personal contacts without or against the reaction of the other participant as well as the encouragement or support of such harassment;
– asking other participants to disclose passwords or personal data for commercial or unlawful purposes;
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– the distribution and/or public reproduction of content available in the App, unless this is expressly permitted by the respective author or is expressly made available to you as a functionality in the App.
(5) Should you become aware of any illegal, abusive, contract-breaching or otherwise unauthorised use of the App, please contact GSG Great Sports GmbH, Massener Str. 119 a, 59423 Unna, info@ivibe.de. The service provider will then examine the case and take appropriate action if necessary.
(6) If there is a suspicion of illegal or punishable acts, the service provider is entitled and, if necessary, also obliged to check your activities and, if necessary, to take appropriate legal action. This may also include the referral of a case to the Director of Public Prosecutions.
(1) The service provider may temporarily or permanently block your access to the App if there are concrete indications that you are breaching or have breached these terms and conditions of participation and use and/or applicable law, or if the service provider has any other legitimate interest in blocking. When deciding on blocking, the service provider will take due account of your legitimate interests.
(2) In the event of temporary or permanent blocking, the service provider will block your access authorisation and notify you of this by e-mail.
(3) In case of temporary blocking, the service provider reactivates the access authorisation after the blocking period has expired and notifies you of this by e-mail. Permanently blocked access authorisation cannot be restored. Persons who are permanently blocked are permanently excluded from participation and may not register again.
In the event that you suffer any damage through the use of the services made available free of charge in the App (including the retrieval of free content), the service provider shall only be liable to the extent that your damage was caused by the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of the service provider. Article 18 Final provisions
(1) Unless expressly stated otherwise in these conditions of participation and use, all declarations made within the framework of participation must be made in writing or by e-mail. The e-mail address of the service provider is info@ivibe.de. The postal address of the service provider is GSG Great Sports GmbH, Massener Str. 119 a, 59423 Unna. Contact details are subject to change without notice. In the event of such a change, the service provider will inform you of this.
(2) These conditions of participation and use are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sales of Goods (CISG).
(3) The exclusive place of jurisdiction for all disputes arising from these conditions of participation and use is, insofar as such an agreement on the place of jurisdiction is permissible, the registered office of the service provider.
