General Terms of Use for the Internet Platform SPRADE

§ 1 Service of the Internet Platform „Sprade“

1. With the „Sprade“ platform Sports Trade GmbH operates an internet portal through which ice hockey players, coaches, managers and agents can communicate and get in contact with each other in an easy way. This portal will become subject to fees after expiration of a four week trial phase. The users will also be able to publish own contents on their private user site (hereinafter called „a post“). These can be articles but also photos and videos.
2. With the exception of articles within the blog Sports Trade GmbH does not publish any other own contents. It solely provides the staff and technical equipment required to maintain this internet platform as a means of communication for the users. The articles published by the users represent their own personal opinion which will not be adopted as its own by Sports Trade GmbH as the platform operator.
3. Details about the amount of fees and their payment options to Sports Trade GmbH will be available on the “Sprade” platform under the heading “Memberships” after a period of three weeks out of the four week trial phase.
4. These general terms of use are constantly available on the „Sprade“ platform under the heading „AGB“ (i.e. General Terms and Conditions).

§ 2 User Registration

1. Every user is obliged to open an account. By closing the registration procedure during which the user shall select the desired contract period and the method of payment, the user creates a binding offer for the conclusion of a licence agreement.
2. Only individual entities of full legal capacity are entitled to make use of the „Sprade“ platform. Individual entities without full legal capacity shall provide an approval by their legal representative in text form. Such an approval needs to contain both, the legible respective name of the legal representative and his address.
3. The user must neither make use of a pen name nor of a pseudonym.
4. The user assures that all data entered during the registration procedure are true and correct. As soon as the user data have been entered into the registration mask the user will receive by e-mail an individual password for access. The user shall immediately update his profile with any changes of user data.
5. The user is obliged to keep his password secret. He is not entitled to pass the password on to third parties.
6. The licence agreement comes into existence by activation of the user profile.
7. After completion of contract the user has legal right of withdrawal about which he will be informed by separate revocation instructions, provided he is a consumer in terms of § 13 BGB (German Civil Code).

§ 3 User profiles

1. Every user will have an individual user profile.
2. Every user is self-responsible for the entry of the respective data; this particularly applies for statistical data. Sports Trade GmbH is not taking any responsibility for the correctness of data.
3. The user is obliged not to save any wrong data in his profile. In case of mistakes becoming apparent, the user is obliged to immediately correct the respective data. Furthermore the user is obliged to only upload profile photos in which he can be clearly recognized.

§ 4 User articles

1. For all articles uploaded to the „Sprade“ platform the uploading user transfers to Sports Trade GmbH a simple, worldwide, unlimited and unrestricted right of use with the right of sub-licencing.
2. The user is obliged not to infringe any third party rights, particularly with regard to personal rights or intangible property law. He also has to meet the Protection of Young Persons Act. Other articles relevant under the Criminal Law Act, such as e.g. distribution of racist or pornographic material or articles with immoral, obscene or political-radical content are forbidden.
3. With his articles every user shall respect other users‘ rights.

§ 5 Duties of the user utilizing the internet platform „Sprade“

1. The user is obliged to refrain from the following:
   1. sending of chain letters
   2. implementation, advertising and support of pyramid sales (such as multi-level marketing or multi-level network marketing)
2. The user may not execute the following technical actions:
   1. Utilization of mechanisms, software or scripts in connection with utilization of the internet platform „Sprade“, with the exception of interfaces or software offered to the user within the scope of the internet platform’s utilization in due form.
   2. Blocking, overwriting, modifying, and copying, particularly by means of „Robot/Crawler“ search engine technologies that do not comply with proper utilization of the internet platform “Sprade”
   3. Distribution and communication to the public of contents of the internet platform „Sprade“; this also applies to other users‘ articles.
   4. Any other technical actions that could affect or excessively put strain on the function of the internet platform „Sprade“.

§ 6 Liability of Sports Trade GmbH

1. Sports Trade GmbH is not liable for the constant technical availability of the internet platform „Sprade“.
2. Sports Trade GmbH is neither liable in case of an unauthorized access of personal user data by third parties, nor for a user’s real identity.
3. Sports Trade GmbH is not liable for links uploaded by users.
4. Liability of Sports Trade GmbH towards its users is limited to intent and gross negligence.
5. The user is exempting Sports Trade GmbH from all expenditures, duties or costs that may occur due to their claims because of an infringement of personal right, intangible property law or other third party’s rights. This also applies for the defence of such claims, which can also be actively prosecuted.

§ 7 Rights, Duties and Obligations of Sports Trade GmbH

1. Sports Trade GmbH is entitled to autonomously delete individual articles at any time from the Sprade platform without reason. In case of suspicion of infringement it is also entitled to delete all articles of a user, parts of his profile or – in case of repeated suspicion – his complete profile. After deletion of an individual article, all articles, part of the profile or the complete profile the user concerned shall be immediately informed about the successful deletion through the mailbox of his Sprade account and/or through the e-mail address given during the registration procedure, and he shall be given the opportunity of making a statement. Upon receipt of such a statement Sports Trade GmbH decides on its equitable discretion about further action.
2. Sports Trade GmbH is obliged to meet all relevant legal data protection standards. It will not hand over personal user data to a third party, neither will it make them available to third parties in any other way. Apart from this, the relevant issues of the data privacy statement are available on the internet platform „Sprade“.

§ 8 Termination and/or Deletion of an Account

1. Subject to four weeks prior to the expiration date of the licence agreement the user may at any time terminate his licence agreement in text form by providing his login name, his password and his name. Apart from that, the possibility of termination acc. to § 626 BGB (German Civil Code) will remain unaffected thereof.
2. If there is no termination at the expiration date of the contract the licence agreement will automatically be prolonged for one year for players, and for half a year for coaches, clubs and managers. The user shall pay the fee due. A possibly granted direct debit authorization also applies for follow-up fees.
3. Sports Trade GmbH is entitled to immediately exclude a user from using the platform in case of breach of terms of use or repeated infringement. It shall inform the user about this in text form and give him the chance to make a statement. During the period granted for a statement user’s membership will be suspended. His profile will be switched to invisible mode, but his account may not be deleted. After the statement Sports Trade GmbH may exclude the user in its sole discretion. A reimbursement of licence fees is impossible in this respect.
4. Apart from this, Sports Trade GmbH has the right of termination with a period of three months‘ to the end of the month. In case of a termination by Sports Trade GmbH the user will receive reimbursement of already paid fees upon termination of a licence agreement.
5. In case operation of the „Sprade“ platform will be stopped altogether, the contractual relationship between the user and Sports Trade GmbH will automatically terminate as soon as the platform is stopped, without the user being entitled to claim for recourse. He will, however, receive proportional reimbursement of the fees he already paid.

§ 9 Alterations of the Terms of Use

Sports Trade GmbH is entitled to alter these terms of use at any time. It has to inform the user about an alteration of the terms of use through the mailbox of his Sprade account. Within a period of four weeks the user may file an objection with regard to the alteration in text form. If the user does not file an objection within this period, the previous terms of use on which the contractual relationship was based, will be replaced by the altered terms of use. If the user files an objection against the alteration of the terms of use, his contractual relationship will terminate upon filing an objection. Sports Trade GmbH is then entitled to immediately delete his account. Already paid user fees will be proportionally reimbursed.

§ 10 Rights to the „Sprade“ platform

All rights to the „Sprade“ platform are held by Sports Trade GmbH. Duplication or any other utilization may only be done after prior written approval by Sports Trade GmbH.

§ 11 Contractual penalty

The user is obliged to pay a contractual penalty in the amount of € 2,500.00 to Sports Trade GmbH in case of breach of § 3 section 3, § 4 sections 2, 3 or § 5. Claim for damages of Sports Trade GmbH towards the user as well as indemnification acc. to § 6 section 5 of these terms of use will remain unaffected by this.

§ 12 Final Provisions

1. Different terms of use for a user will only be taken into account after prior written approval by Sports Trade GmbH.
2. In case individual rules of these terms of use should be or become ineffective in parts or as a whole, validity of the other rules will not be affected thereof. The ineffective condition shall be replaced by the parties with an effective one which corresponds to the economic purpose of the inefficient condition as far as possible. The same applies for possible contract omissions.
3. Place of performance is the Sports Trade GmbH’s head office.
4. German law applies, excluding both private international law and the UN CISG that was adopted into German law. Place of jurisdiction is the District Court of Ravensburg.