Implementation, technical maintenance and payment processing:
LAOLA1 Multimedia GmbH
Tel: +43 1 2563141-0
Fax: +43 1 2563141-10
Scope of Application of the General Terms and Conditions
- The World Baseball Softball Confederation Europe (hereinafter referred to as "WBSC Europe"), consisting of the two continental organizationas individual judicial bodies, Confederation of Baseball in Europe (CEB), with its registered office in Savska cesta 137, 1 0 000 Zagreb-Croatiaand the European Softball Federation (ESF) with its registered office inPlantin en Moretuslei 120 2018 Antwerp -Belgium, andoperates, among other things, www.baseballsoftball.tv(Baseball Softball Europe TV) platform.
- Baseball Softball Europe TV is the official video and live streamsplatform of the WBSC Europe, the joint organizationof the Confederation of Baseball in Europe (CEB) and the European Softball Federation (ESF), and a platform for the exchange of information between internet users interested in baseball and softball; it is operated by WBSC Europeunder the internet domain baseballsoftball.tvas a website (hereinafter referred to as "Baseball Softball Europe TV" or "Website")
- The parties agree that performance of the Services will commence immediately after a contract was concluded.
- The User must register on baseballsoftball.tv use the Services, in particular the registration only or potential pay Services.
- Registration is free of charge. If a User creates several accounts by registering several times, WBSC Europe may delete all of the User's accounts or cancel any use of the Services.
- When registering, Users must provide true and correct personal information as required in the registration form. Such information must be immediately updated in case of any change. In their profiles, Users may at any time review and change their personal information and account settings (eg administration of password or email address).
- When registering, Users may not impersonate somebody else and/or violate another party's rights to a name.
Account, Password and Security
- Every account is created by a User's registration and protected by a password chosen by the User. Every User must keep his/her password confidential, protect his/her password from access by third parties, and inform WBSC Europe without delay of any misuse the User becomes aware of.
- Only the User himself/herself may use his/her account. The User may not pass on to third parties any access data or account-relevant information. The User is solely responsible for any use of the Services with his/her password and user name. The User is liable for any damage caused as a result of third parties becoming aware of his/her password due to his/her negligent or intentional behaviour.
- If a User has forgotten his/her password or the password is used by a third party without authorisation, the User may request a new password if the he/she meets the requirements applicable to the assignment of a new password.
- An account may not be transferred and all rights to the account and any content saved will expire after the User's death.
Ordering Process, Conclusion of Contract and free of charge periods or periods at a reduced price for the use of the Services
- The presentation of the services on the Website does not represent a legally binding offer, but only an invitation to the User to order such services.
- A binding contract of use comes into force with the transmission of the sales order acknowledgement (by e-mail), but latest on delivery of the ordered services. A separate notification by the User of the acceptance of the contract is not required.
Exclusion of Right of Withdrawal from the Contract
- It is emphasised that the offered service is the delivery of digital content, i.e. services which are not stored on a physical medium. With the conclusion of the contract of use for pay services (for digital content) it is agreed that immediate use or the immediate commencement of services is available to the User. The User expressly requires WBSC Europeto immediately initiate fulfilment of the contract of use (in any case before theexpiry of the withdrawal period as given under Section 11 of the Austrian Remote Sales Act ("FAGG")). WBSC Europeagrees, before the end of the withdrawal period in accordance with Section 11 FAGG, to begin with the provision of the ordered service and to provide the service in full. Because of the agreement under this clause 5 a possible withdrawal from the contractin accordance with Section 3 of the Austrian Consumer Protection Act ("KSchG ") is excluded by law (see: Section 3, paragraph 3, line 4 of the KSchG, in conjunction with Section 18, paragraph 1, line 1 and Section 11 of the FAGG). The User hereby confirmsits acknowledgement of the loss of the right of withdrawal. WBSC Europewill provide the User with a confirmation of the concluded contract of use on a durable medium (e.g. e-mail).
Pay Services, Terms of Payment, Compensation
- To use the pay Services, the User must also register pursuant to Section 2 hereof and enter into an individual contract of use by ordering a subscription offered on the Website or the digital distribution platforms of the Apps.
- For the purpose of entering into such contract of use, the User must order a sub-scription to the respective pay Services provided on the Website or the digital distribution platforms of the Apps. Upon completion of the order process, the User submits a binding offer to enter into the contract of use. WBSC Europe, at its sole discretion, may decide whether or not to accept the order required for concluding the contract. Acceptance of the order is issued by emailing an acknowledgement of order.
- The contract of use shall have the term defined in the respective specification of services and shall end (i) automatically without requiring notice of termination, or (ii) by notice of termination.
- The product price of the subscription to the pay Services arises from the terms and conditions of the specification of services published on the Website or in the Apps and from the price indicated before completion of the order process. WBSC Europe reserves the right to amend the prices offered on the Website at any time. The amount payable for the period ordered is due either immediately or on a monthly/semi-annually/annually basis (as applicable) as set out in the terms of payment.
- If the subscription is acquired via the Website, payment shall be made via the common methods of payment made available by WBSC Europe, including, without limitation, credit card. WBSC Europe reserves the right for every order to not offer certain payment methods or to refer to other payment methods. Acquisition of subscriptions via the Apps is settled solely via digital distribution platforms for application software, including, without limitation, Apple App Store, Android Market and Google Wallet. All terms of payment are subject to the general terms and conditions of the respective distribution platform.
- If need be and due to agreements concluded with financial or other institutions, additional costs may arise concerning payment transfers and account management etc. Any such transaction costs will not be borne by WBSC Europe.
- The User may use the pay Services acquired both via the Website by logging into his/her account.
User's Responsibilities and Obligations
- The User shall in particular (i) not use the Website to disseminate information that is contra bonos mores and/or in violation of the laws; (ii) not infringe upon the rights of third parties and respect the privacy of third parties, in particular not publish or send any pestering, defamatory or threatening content; (iii) not use the Services in a manner which may cause any change in the structure of the Services, the underlying software and/or programme data; (iv) not make any attempt to decompile the source codes of the Website; (v) not alter the Services in any other manner; and (vi) refrain from using and/or exploiting any content or data of BASeball Softball for business purposes.
- WBSC Europe may remove from the Website any unlawful or undesired content at any time and without consulting with the respective User, and WBSC Europe may take further measures, if required.
- The User shall consider the interests of other participants and shall not violate their rights or the rights of third parties. Any material published by Users shall not violate any laws. Users shall comply with existing copyrights and property rights of third parties as well as any criminal provisions and regulations governing youth protection. Users are therefore, among other things, required not to disseminate any offensive, defamatory, insulting, threatening, seditious, obscene or racist statements.
- In case of any permitted use of property rights of third parties, the User is required to maintain and observe without any change all existing references to the property rights. When transmitting data or other content to WBSC Europe, the User guarantees that he/she has the right to use the content represented by such data.
- Compliance with the rules of conduct applicable to internet users and other net-works ("Netiquette") is mandatory.
- It is not permitted to grant public access to or to disseminate any content including programmes or files which may damage the hardware or software of WBSC Europe or other Users (eg viruses, worms, Trojans, etc.).
- It is not permitted to present in public any content of the Website and/or the Apps without prior consent. This includes, but is not limited to, any presentation in restaurants of whatever form, any presentation in shops which allow visitors to conclude (sports) bets, any presentation at public places and any presentation at public events which may be visited only against payment of admission fees.
- If the User affects the Services technically (eg ad blocker), WBSC Europe reserves the right to exclude the User from any or all Services.
- To the extent such monitoring is permitted by law, WBSC Europe is entitled, but not required, to monitor content and acts of use within the scope of the Services.
Basic Technical Conditions
- The basic technical conditions applicable to the use of the Services are set out in the respective specification of services provided to the User on the Website.
- WBSC Europe warrants that the Services are available at a rate of 97% on average per year, except during periods at which the Services are not available via the internet due to technical or other problems not within WBSC Europe's control. WBSC Europe does not guarantee that the Services are permanently retrievable. In particular technical failures caused by force majeure may result in Services not being retrievable without interruption.
- Faultless use of the Services and content requires that the User has compatible equipment and software, including, without limitation, a compatible version of the operating system provided for the Services. It is recommended that Users use the latest version of the necessary software.
- Before using the Services, the User shall (i) check whether the hardware and software used by the User allows using the Services; and (ii) ensure that the equipment used for using the Services has appropriate internet access as well as the minimum system requirements needed for the Services. WBSC Europe is not responsible if certain browsers or browser settings, computers, TV sets, mobile terminals, or applications used by the User do not work. The same holds true for the content of the Services and poor image quality in connection with the transmission of data to the User.
- WBSC Europe reserves the right to exclude the User from using the pay Services on two terminals at the same time, by using technical devices (session control).
- WBSC Europe is liable for any property damage and pecuniary loss only in case of wilful misconduct by its legal representatives or vicarious agents. WBSC Europe is liable for any damage caused by gross negligence only if provided by mandatory legal provisions. WBSC Europe is not liable for slight negligence.
- WBSC Europe and all its affiliated companies do not accept any guarantee and warranty that the Services offered on the Website meet the Users' requirements are available without interruption, punctual, secure or error-free. The User may not assert any claims for damages against WBSC Europe and/or its vicarious agents (eg for system failures; faulty, delayed, manipulated or abusive transmission of data), unless such claims are based on intentional or grossly negligent behavior. In addition, WBSC Europe is not liable for the functioning or availability of the Website.
- WBSC Europe disclaims any liability for the content of the Website, including, without limitation, up-to-dateness, completeness and accuracy of the information offered. Any version of documents retrievable online may not correspond to the original document. WBSC Europe does not warrant for the correctness and completeness of own postings, postings by third parties and in particular postings by Users.
- WBSC Europe disclaims any liability for damage caused by third parties when using baseballsoftball.tv,. WBSC Europe is liable for own errors only in case of willful misconduct or gross negligence by WBSC Europe; the burden of proof for such behavior shall lie with the User. In addition, WBSC Europe is not liable for any damage occurred due to unforeseeable events not within WBSC Europe control, including, without limitation, system incidents or computer failures.
- WBSC Europe cannot influence the content of linked websites, frames, banner ads or other advertising. WBSC Europe disclaims any liability in connection with such content.
- If a User publishes information on baseballsoftball.tv, or if a User's information otherwise becomes content of the Website, the respective User is responsible for such content. WBSC Europe expressly disclaims any liability for content or other material published by Users on the Website.
- If firewalls and security certificates are offered, the User acknowledges that these do not guarantee absolute security and full operability according to the state of the art.
- WBSC Europe reserves the right, but is not required, to check data exchanged between the participants. If unlawful behaviour is not objected to, WBSC Europe shall not be deemed to waive any claims against the User arising from such behaviour.
- WBSC Europe reserves the right to give the User the opportunity to purchase some Services from WBSC Europe companies or third parties. If such Services are used, a contract shall be deemed concluded only between the User and the respective WBSC Europe company or third party. WBSC Europe does not accept any warranty for the WBSC Europe companies' or third parties' capacities and is not liable for the performance of such contracts.
Changes and Availability of the Services
- WBSC Europe reserves the right to unilaterally change Services at any time, either temporarily or permanently.
- WBSC Europe reserves the right to exclude individual Users or a certain group of Users from visiting the Website as a whole or in respect of certain parts, and WBSC Europe may exercise such right at any time, without giving any reason and without giving prior notice to the User(s) concerned.
- WBSC Europe shall also have the right to fully discontinue or interrupt the operation of the Website or the Apps temporarily or permanently, and WBSC Europe may exercise such right at any time, without giving any reason and without prior notice.
- No claim whatsoever and no liability shall arise towards WBSC Europe from or in connection with the measures referred to in Section 10.
Blocking/Termination/Deletion of the Account
- WBSC Europe may block a User's account without prior notice if the User violates the obligations hereunder.
- In the event of a termination, WBSC Europe may delete the respective account and all related content.
- With the conclusion of the contract for use of pay services, it is agreed to provide the immediate use or the immediate commencement of the services.
- If, after the conclusion of a contract, an account is not used for a period of more than 12 months (ie no active login), WBSC Europe may inactivate the respective account and delete all content included therein.
- The User agrees that WBSC Europe, strictly complying with applicable Belgium data privacy laws, may collect, process and use the personal data provided by the User when registering. WBSC Europe will store and process data in an extent and for a period necessary and useful for the operation of baseballsoftball.tv, and permitted by law.
- Personal data shall mean any information based on which the User may be identified, including, but not limited to, first name and family name, date of birth, address, and email address. Personal data shall not include any information that may not directly be associated with the User's identity.
- When registering for WBSC Europe's personalized Services, the User will be asked to provide personal data specified in more detail therein. By registering, the User agrees that such personal data is stored. No personal data will be stored in connection with the Services without the User's knowledge. When registering, the User is granted the opportunity to object to receiving emails from WBSC Europe.
- In connection with access to the Website, data will be stored on the servers for backup; such data may allow identification. WBSC Europe will use such information to maintain service quality and prepare general statistics concerning WBSC Europe. WBSC Europe may pass on such data in an anonymized form to WBSC Europes for the purpose of performing statistical analyses. No personal data will be used for that purpose.
- Except with the Users' prior written consent, WBSC Europe will not sell or lease or otherwise pass on to third parties the personal data and it will not disclose to third parties personal data of the Users for advertising or marketing purposes or otherwise pass on such data to third parties, except to all group companies of the Sportradar Group (direct or indirect). WBSC Europe is entitled, however, to pass on personal data of the Users to third parties if WBSC Europe believes there is reasonable suspicion that content transmitted violates the rights of third parties and such third parties request delivery of their personal data. If required by law or court order, WBSC Europe will transmit the Users' data to any agencies entitled to receive such information.
- WBSC Europe's employees are required to keep personal data confidential. WBSC Europe's employees will pass on personal data to third parties only within the scope described above.
- If the Website contains links to websites of third parties, WBSC Europe has no influence on the collection, processing or use of personal data once a User clicks on such links. As a consequence, WBSC Europe does not accept any responsibility in this respect.
- Effective for the future, Users, whether electronically or in writing, may revoke their consent regarding the storage of personal data at any time without giving any reason. In such case, personal data is immediately deleted. WBSC Europe reserves the right to block personal data for a period of six months after receipt of a revocation notice instead of immediately deleting personal data. WBSC Europe will exercise this right if WBSC Europe has reason to believe that the rights of third parties may be violated by the content placed by the User and such third parties request, or may request in the foreseeable future, delivery of personal data from WBSC Europe. While personal data is blocked, WBSC Europe will not use personal data for any purpose other than that described above.
- WBSC Europe shall have exclusive copyrights and rights of use in respect of the Website and the content thereof. Reference to any copyrights and rights of use of third parties will be made where applicable.
- The Users are required to respect the intellectual property of third parties.
- Any use and any reproduction, alteration, dissemination, passing on, publication, display or presentation of the content of the Website and/or the Apps outside use of the Services is prohibited. The User may not copy, download, store and/or sell in any manner whatsoever and/or use for commercial purposes the content made available by WBSC Europe.
- Any communications or notices to WBSC Europe shall be sent to the contact addresses indicated in the imprint.
- Any communications or notices to Users will be sent to the email address indicated by the User upon registration. Any communications or notices relating to Services which do not require registration will be disclosed by way of a notice within the relevant Service. Users may not claim to receive separate notice in such case.