2. Conclusion of contract and user account
(1) By completing the online registration process and creating an organiser profile, a user contract is concluded with the operator - European Union of Cross Country Skiing Marathons e.V.. Subject of the contract is the free use of the profile and the unrestricted fulfillment and observance of the Partner Race concept by the user.
(2) The creation of an organizer profile requires the creation of an organizer account. This consists of a user name and a password ("log-in data"), personal data and the necessary event details.
(3) The creation of an organizer account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with the operator.
(4) The user assures that the data used when creating his profile ("profile data") is accurate and complete.
3. Use of the profile
(1) When using the organizer profile, the user can make use of the following service:
- The user has the possibility to publish his own content (text, pictures etc. ) within the portal "Ski Marathon Calendar - Partner Races".
(2) The operator is entitled to block access to individual contents at any time, e. g. if it is suspected that these violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
(3) The operator makes every effort to ensure that the portal operates smoothly. This is naturally limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the Portal in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond the Operator's control.
4. Obligation of the user to cooperate: Posting of contents
(1) When creating and using his own content, the user undertakes to observe applicable law (e. g. criminal law, competition law and youth protection law) and not to infringe the rights of third parties (e. g. name, trademark, copyright and data protection rights).
(2) The user undertakes to the operator that any content placed on the portal will not violate any applicable law or morality by its content or form. The same applies to the setting of external links.
(3) In accordance with the statutes of the Euroloppet Partner Race Concept, the user undertakes to use the Euroloppet logo on every page of his own homepage, with a corresponding link to www. euroloppet. com . In addition, the Ski Marathon Magazine may be distributed by the user via the start documents at the user's event. If required, the user can obtain further information from the operator.
5. Further obligations of the user to cooperate
(1) In the event that the contents contain hyperlinks to pages of third parties, the user warrants that he has the right to use the hyperlink and that the website to which reference is made ("landing page") is compatible with applicable law and the rights of third parties.
(2) The user is obliged to handle the log-in data carefully. The user is prohibited without exception from disclosing the log-in data to third parties and/or allowing third parties access to the profile by circumventing the log-in data.
(3) The user must refrain from any activity that is likely to impair and/or overload the operation of the portal or the technical infrastructure behind it. This includes in particular:
- the use of software, scripts or databases in connection with the use of the portal;
- the automatic reading, blocking, overwriting, modifying, copying of data and/or other contents, as far as this is not necessary for the proper use of the portal;
(4) Should there be any disturbances during the use of the portal or its functionalities, the user will immediately inform the operator of this disturbance. The same applies if the user obtains information about contents published by third parties which obviously violate the applicable law or the rights of third parties.
6. Rights of use
(1) The user grants the operator a spatially and temporally unlimited, irrevocable, non-exclusive, royalty-free right, which can be transferred to third parties, to use the contents posted in the online offer. The operator is entitled to use, edit and exploit the contents at any time. This includes in particular the right of reproduction, the right of distribution and the right of communication to the public, in particular the right of making available to the public. These rights concern in particular the advertising measures contained in the Euroloppet Partner Race concept. This regulation does not affect the possibility of the user to grant third parties rights to the content posted according to certain licensing models.
(2) The user has the possibility to receive further advertising measures for a fee. Separate contractual regulations apply to these services.
(3) All rights to the contents of the portal lie with the operator. The user is prohibited from reproducing, disseminating and/or publishing content that the operator, other users or third parties have posted on the portal. The obligations of the user according to the Euroloppet Partner Race Concept are excluded from this regulation.
(1) Unlimited liability: The operator is liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, limb and health of persons.
(2) In addition, the following limited liability applies: In the event of slight negligence, the operator shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the user may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies for the benefit of the operator's vicarious agents.
8. Right to exemption
The user indemnifies the operator and its employees or agents against all claims of third parties in the event of claims based on alleged or actual infringement of rights and/or infringement of rights of third parties by actions undertaken by the user in connection with the use of the portal. In addition, the user undertakes to reimburse all costs incurred by the operator as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal defence.
9. Personal data/event-related data
(1) The user hereby consents to the storage of the personal and event-related data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the portal is used. In particular, the user also consents to the display of event-related data entered by him/her within the Ski Marathon calendar of the Euroloppet homepage.
(2) The use of the account makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data carefully and to process them exclusively within the scope of the user's data protection consent. Any further use of personal data by the operator shall only take place if this is legally permissible or if the user has consented in advance.
10. Contract duration/termination
(1) The contract runs indefinitely and may be terminated by either party at any time without notice and without giving reasons.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause shall remain unaffected.
(3) For the operator there is an important reason for termination of this contract if the customer sustainably violates his obligations according to section 4 or 5 of this contract.
11. Final provisions
(1) If the contract should contain ineffective regulations, the effectiveness of the contract remains in all other respects unaffected.
(2) The present contract is subject exclusively to German law.