Terms and Conditions for Use and Data Privacy for the Media Center
1. Media Center
1.1 Description of the Media Center
The Media Center at the internet site mediacenter.dfl.de as well as its sub-domains (together, the "Media Center") is operated by DFL Deutsche Fußball Liga GmbH ("DFL") and serves as information platform for press and media representatives, for licensees, sponsors and official partners of DFL Deutsche Fußball Liga e.V. ("DFL e.V.") and DFL, as well as the associations and corporations ("Clubs") of the football licensed leagues Bundesliga and Bundesliga 2.
1.2 Terms and Conditions for Use and Data Privacy
Under these Terms and Conditions for Use and Data Privacy, the access and use of the Media Center by users which have been issued a user name and password by DFL as authorization to use the Media Center based on the activity of such users are regulated in a binding manner. These Terms and Conditions for Use and Data Privacy apply as a supplement to the Legal Notices ("Legal Notices"), as well as to the Privacy Statement and Cookie Directive ("Privacy Statement") for visitors of the website dfl.de. In the case of contradictions, the following priority applies:
- 1. Terms and Conditions for Use and Data Privacy
- 2. Privacy Statement
- 3. Legal Notices
The user declares that he/she has understood the above referenced terms and conditions and agrees to them. If the user does not acknowledge this, the user is not permitted to use the Media Center.
2. Establishing the authorization for use, no charge, password and access
2.1 Establishing the authorization for use
The authorization for use between the user and DFL is established by
- properly carrying out the registration process,
- authentication with the user name and password issued by DFL, and
- acceptance of these Terms and Conditions for Use and Data Privacy, the Privacy Statement and the Legal Notices.
The user confirms that all information given to DFL in the course of registration is complete and truthful. The user undertakes to notify changes in writing or in text form without undue delay.
2.2 No charge
The use of the Media Center by the user is free of charge unless compensation is agreed for certain content by concluding a separate contract.
2.3 Use of the user name and password
The user name and password are intended for the user personally and must be treated by the user in a confidential manner and protected against access by unauthorized third parties and cannot be disclosed to third parties unless permitted otherwise in these Terms and Conditions for Use and Data Privacy. The user acknowledges that as the party authorized for access, the user is responsible for all activities performed by the user or third parties using the access. If the user learns that unauthorized use of the user’s access authorization or other violation of these Terms and Conditions for Use and Data Protection has occurred, the user must inform DFL without undue delay using the email address email@example.com.
Subject to notification by DFL, the user is required to change the password transmitted by DFL and use a new, individual password which must contain at least eight (8) characters and at least one lower case and one capital letter as well as one numerical character.
The use of the password is for a limited time and expires at the latest after one year. A new password is required after expiration of this time, and the new password must also again contain at least eight (8) characters with one lower case and one capital letter as well as one numerical character. If this requirement is not complied with, DFL is authorized to block access to the Media Center.
2.4 Duty to provide information when stopping activity
Authorized access to the Media Center relates to activity. The user must inform DFL when the user stops the activity which formed the basis for the user receiving authorized access to the Media Center. This notification to DFL must be given without undue delay after learning about the pending stop of activity and at the latest two weeks prior to stopping the activity. The user is also required to inform DFL should he/she no longer need access to Media Center for other reasons.
3. Authorization concept; services and content of the Media Center
Under these Terms and Conditions for Use and Data Privacy, DFL grants access to the user to the Media Center and its individual services as well as the content provided in accordance with the authorization concept prepared by DFL at its own discretion and the access rights granted at the discretion of DFL in accordance with that concept.
DFL expressly reserves the right to completely or partially modify, supplement, completely delete or temporarily or finally stop publication of the services and content of the Media Center without prior announcement. The user has no claim for permanent availability of all services and content. The possibility for use can be limited and/or temporarily interrupted as a result of maintenance work and/or the further development of the individual services and content. The possibility that user registrations may also be lost in extreme situations cannot be ruled out (loss of data).
4. Improper use of the Media Center
The Media Center must not be misused. The following points in particular are not permitted:
- intentionally entering false data in the systems of the Media Center;
- unauthorized actions in the Media Center;
- violating regional, national or international law or applicable sports law; this also applies for any type of regulation having the nature of law which are applicable during the use of the Media Center or in connection with the use of the Media Center;
- storing, publishing or distributing content protected by copyright, media law, patent law, naming rights, trademarks or other legally protected content without the consent of the holder(s) or the rights; especially no content, descriptions and presentations protected by intellectual property rights can be stored, published or distributed without the user having the required rights for this purpose.
Should suspicion of improper/prohibited use of the Media Center arise, the data privacy officer of DFL will conduct an examination. The data privacy officer will engage in further investigations, where necessary. A violation of the Terms and Conditions for Use and Data Privacy can result in termination of the use. DFL reserves the right in such situations to inform the association, Club or employer to which the user belongs about the termination and the underlying reasons.
The user will indemnify DFL against any third-party claims asserted against DFL based on the violation of rights of third parties by the user or content stored, published or distributed by the user in violation of the law or these Terms and Conditions for Use and Data Privacy.
5. Copyrights and intellectual property, grant of rights and use of content
5.1 Copyrights and intellectual property to the content provided in the Media Center
The content provided in the Media Center (Clause 3), in particular photographic and video material and the logos of DFL and the Clubs, are subject to German copyright and the laws protecting work product, brand and trademark rights as well as other laws protecting intellectual property. DFL reserves all available rights to the content in the Media Center, including especially the rights under § 87b of the German Copyright Act [Urheberrechtsgesetz, "UrhG"].
5.2 Content placed by DFL
The user is permitted to use the content in the Media Center only in the context of and in accordance with these Terms and Conditions for Use and Data Privacy, especially in accordance with the provisions on confidentiality and data privacy as well as the applicable provisions in the law. The content and scope of the user’s authorization for use are determined by
- the (license) contract concluded between the user and DFL e.V. or DFL
- the specific intended purpose set forth for the respective individual content to be downloaded in the Media Center, or
- express written consent of DFL e.V. or DFL granted to the user in advance (email is sufficient).
The use of content in the Media Center for other purposes is not permitted. In the case of a violation, DFL reserves the right to all forms of legal remedies, especially a claim for damages.
6. Confidentiality and data privacy
The Media Center provides content which is subject to confidentiality and applicable provisions on data privacy, especially in the European Data Protection Regulation ("GDPR") and the German Federal Data Protection Act [Bundesdatenschutzgesetz, "BDSG"]. The user undertakes to maintain confidentiality and comply with the provisions on data privacy set forth in Clauses 6.2 to 6.3 as part of the user's responsibility for complying with the duty set forth in Clause 6.1.
The content provided in the Media Center, also to the extent not specifically marked, must generally be treated as confidential to the extent that publication and/or other communication of the content to third parties has not been expressly approved in advance by DFL or the relevant content, based on its substance and purpose, is intended from the very beginning for publication and communication to third parties. All content provided in the Media Center and documents and data files provided by DFL must accordingly be carefully preserved. Care must be taken that third parties cannot obtain access and that the content will be deleted immediately as soon as it is no longer required for the intended purpose. Communicating accessed information, documents and records to users who have no access authorization for the relevant section of the Media Center and/or to third parties can only take place in accordance with provisions in data privacy law (Clause 6.2) and then only if the DFL has expressly consented in writing to the disclosure.
6.2 General provisions on data protection, consent
DFL as well as the user undertake within the scope of their responsibilities when using the Media Center, to comply with the applicable provisions on data privacy, especially in the GDPR and the BDSG.
Personal data must be protected in accordance with the data privacy provisions in the law. Personal data for purposes of Art. 4 no. 1 GDPR are all information which relate to an identified or identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. This includes, for example, the name, personalized email addresses, the residential address, the telephone number or the date of birth. Such personal data in the Media Center consists especially of the lists of contact partners.
DFL is authorized under Art. 6 para. 1 b) GDPR to collect, store, process and communicate to the users of the Media Center personal data relating to the Media Center in accordance with provisions on data privacy for the purposes of operating the Bundesliga and Bundesliga 2 as well as the other business activity of DFL.
The user expressly consents to use of the user’s personal data collected upon registration, specifically, the address and function data, accordingly in the Media Center and giving access to these data to other users of the Media Center in accordance with the authorization concept (Clause 3) to the extent that this is necessary for operating and marketing the football licensed leagues. The legal basis for processing is Art. 6 para. 1 a) GDPR.
The user can withdraw his or her consent to the communication, use and granting access to the user’s personal data for the above-mentioned purposes at any time by telephone, in writing or electronically. In the case of an electronic withdrawal, the email with the corresponding content must be addressed to firstname.lastname@example.org.
If the above mentioned personal data are further communicated by DFL or a user through an electronic channel, these data must be protected with a password. The security requirements under Art. 32 GDPR have to be observed.
6.3 Use for other purposes
In addition, the provisions of the Privacy Statement apply. The use of the email and address data or other personal data of users of the Media Center for purposes other than those set forth in Clauses 6.2 and in the Privacy Statement, is not permitted.
7. Protocols and monitoring
DFL reserves the right to protocol the use of the Media Center for the purpose of monitoring and compliance with the provisions in these Terms and Conditions for Use and Data Privacy as well as for any correction of errors. The connection data for the access to the Media Center will be protocolled for this purpose using information about the date/time, address of the user and used content and pages. In addition to use for the purposes of this Agreement, the protocols will be only used for the following purposes:
- analysis and correction of technical errors
- guaranteeing system security
- optimization for the user
- statistical determination of total use volume, and
- analysis in the course of monitoring misuse under the following Clause 8 of these Terms and Conditions for Use and Data Privacy.
DFL reserves the right to view samples of the protocols. Access to the protocols is limited to the data privacy manager of DFL and the persons entrusted with administration of the system.
The legal basis for processing is Art. 6 para. 1 f) GDPR, whereby the legitimate interest for DFL results from the fact that, in the first place, DFL has an interest in evaluating the protocol data of the Media Center for purposes of its optimization and security. Secondly, a data subject can reasonably foresee that data might possibly be processed for this purpose at the time the personal data is collected and in light of the circumstances under which this occurs (especially the above-mentioned measures which also intend to serve the user’s security).
8. Liability of the user
The user is liable for all violations of these Terms and Conditions for Use and Data Privacy and the duties assumed in these Terms and Conditions as well as for all violations of provisions in the law and resulting claims. The user is especially liable for the damages resulting from culpable unauthorized use of the Media Center by a third party using the user’s user name. The user undertakes to indemnify DFL and enterprises connected commercially with DFL against claims of third parties resulting from the user having violated these Terms and Conditions for Use and Data Privacy.
9. Liability of DFL
9.1 No guarantee for the accuracy of the content in the Media Center
All content provided in the Media Center is carefully researched. However, DFL does not assume any express or implied responsibility or guarantee for the timeliness, correct content, completeness or other quality of the provided content.
The Media Center contains links to third party websites in the form of so-called "links" or "hyperlinks" (the "linked websites"). Since DFL has no influence on the current and future content of the linked websites, DFL hereby expressly distances itself from all content on the corresponding websites. This declaration expressly applies for all current and future links installed within the Media Center or by the users as well as links that have been installed or are installed in the future by third parties on the provider's website.
Therefore, DFL cannot be held responsible either directly or indirectly for illegal, incorrect or incomplete content on linked websites. DFL is especially not liable for tangible or intangible damages resulting from the use or non-use of the content of a linked website or from merchandise or services procured from linked websites.
9.3 Other liability of DFL
The following provisions on liability apply for the performance rendered free of charge by DFL in the Media Center and content which is not the subject of a separately concluded contract involving remuneration.
The liability of DFL for damages, regardless of the legal basis and type, is excluded unless the damages are based on intentional or grossly negligent misconduct. This applies especially for damages of a tangible or an intangible nature which have been caused by the use or non-use of the information offered in the Media Center or by using obsolete, incorrect, incomplete information or information which otherwise has poor quality, and liability is excluded for indirect damages.
DFL assumes no liability for all content provided by users or other third parties. This also applies for the loss or misuse of data if this is the result of emissions or incorrect use of data protection by the user.
The limits on liability do not apply to any intentional or negligent injury to physical integrity, life, or health or liability under the German Product Liability Act [Produkthaftungsgesetz] for which DFL is responsible.
DFL assumes no warranty that the Media Center or the servers which make the Media Center available have no viruses or other harmful elements. The use of the Media Center is especially at the user’s own risk, and the user is especially solely responsible for any loss of data or damage to the user’s computer system. The user must provide for appropriate, problem-free and current virus protection on the user's computer.
The extent to which the liability of DFL is excluded or limited also applies for the benefit of DFL e.V. and the enterprises affiliated with DFL under §§ 15 et seq. of the German Stock Corporations Act [Aktiengesetz, "AktG"] as well as against board members and members of other corporate bodies, the employees, representatives and/or agents of DFL e.V., DFL as well as the enterprises affiliated with the DFL under §§ 15 et seq. of the AktG.
10. End of use
10.1 Regular termination by the user
Subject to duties to the contrary owed to the user’s association, Club or employee, the user is entitled at any time to terminate the use in writing without stating reasons. Notice of termination by email must be addressed to the email address email@example.com .
10.2 Regular right of termination for DFL
DFL can terminate the use by giving two weeks' notice by email to the registered email address of the user. The use also ends when the association, Club or employer to which the user belongs cancels the access authorization for the user and notifies this accordingly to DFL (Clause 2.3).
10.3 Extraordinary notice of termination of use for just cause ["wichtiger Grund"]
The right to give (immediate) notice of termination for just cause remains unaffected. This especially applies in the event that the user materially and/or in a sustained manner violates the rules on use of the Media Center and/or other duties of the user.
10.4 Right of DFL to provide information
DFL reserves the right to inform the association, Club or employer to which the user belongs about the notice of termination and the reasons behind the termination. If a user’s access to the Media Center is blocked or cancelled by DFL, the user can no longer access the Media Center unless the user has received express approval from DFL in the form of text after the block was imposed.
11. Amendments to the Terms and Conditions for Use and Data Privacy; termination of use
11.1 Amendment of the Terms and Conditions for Use and Data Privacy
DFL reserves the right to amend these Terms and Conditions for Use and Data Privacy if the change in the Terms and Conditions for Use and Data Privacy is reasonable for the user after taking into account the interests of DFL. Amendments to the Terms and Conditions for Use and Data Privacy will be announced by DFL no later than two weeks prior to them taking effect using the internet domain of the Media Center at mediacenter.dfl.de.
11.2 Termination of use in the case of a change
If the user does not agree to the change in the Terms and Conditions for Use and Data Privacy, the user has the right to give immediate notice of termination of the use at any time. The change in the Terms and Conditions for Use and Data Privacy is deemed to have been approved if the user continues to use the service one month after the change takes effect. DFL will specifically point this out when announcing the change.
12. Final provisions
12.1 Jurisdiction; applicable law
Jurisdiction for disputes arising under or in connection with the use of the Media Center is in Frankfurt am Main to the extent an agreement on jurisdiction is legally permissible. The law of the Federal Republic of Germany, excluding all norms which refer to another legal system, applies. The application of German rules of conflict [Internationales Privatrecht] as well as the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
12.2 Severability clause
If parts or specific language in these General Terms and Conditions for Use and Data Privacy are not consistent, no longer consistent or no longer completely consistent with the applicable law, the other parts of these Terms and Conditions for Use and Data Privacy remain unaffected by this with regard to their content and validity. Apart from the invalid part or the invalid language, language is supposed to apply which comes as close as possible to the original language.