Terms of Service

1. Applicability (1) These terms and conditions (the "Terms") apply to the online services of the Clubexpert UG (hereinafter "Provider") under the domains www.clubexpert.com, www.clubexper.de and www.clubexpert.net (2) The Terms apply to all one-off or ongoing services of the Provider. Deviating or supplementary conditions of the user shall not apply. (3) The Provider has the right to modify or to extend these Terms at any time with effect for the future, for example, to comply with changed legal requirements. The Provider will inform the user of modified terms of use by e-mail at least four weeks prior to their effective date and request confirmation of the same. The user has the option to reject the validity of the amended Terms up until 3 working days prior to their effective date. . If the user rejects the amended terms within the period specified, the existing contractual arrangements shall continue to apply for the use of online services. The termination rights pursuant to para. 6 shall remain unaffected. (4) The use of the services available on the portal are subject to an initial registration, stating [name, address, etc.?] and the login of the user with the user’s respective username and password.. There shall be no entitlement to registration. The Provider shall be entitled to reject registration without giving reasons. (5) Permission to use the online services is granted to the user only, it is not transferable. The user shall keep the username and password confidential and shall protect it from third party access. . 2. Availability (1) The services offered by the Provider are subject to availability. The Provider shall undertake all reasonable efforts to maintain the availability of the service at all times. The user is aware that due to maintenance, further development or interruptions which may lie outside the responsibility of the Provider (e.g. Internet connection errors), the use of the online services may be restricted or interrupted temporarily. This can also lead to data loss in certain circumstances. The user himself is solely responsible for protection of significant or material data. (2) The Provider shall be entitled at any time to change the scope of services offered or to discontinue the same without notice. 3. Liability for Contributions (1) The seller is not obliged to verify the accuracy, completeness and legality of the input submitted by the user by way of evaluation. (2) The user shall ensure that the input submitted - and insofar as references are included to other web pages, the contents of the same – do not violate any laws, third party rights, judicial or governmental order or moral standards and are respectful in tone. The Provider shall be entitled to choose whether to immediately delete or block such input. (3) The user shall be liable for all consequences and disadvantages to the Provider caused by the improper or illegal use of the online services or the fact that the user does not fulfill other material contractual obligations. The user shall indemnify the Provider against any rights or claims by made third parties which are based on violation of rights by the user or which are based on the content created by the user. The user shall reimburse the Provider all reasonable legal costs incurred by the Provider. In addition the user will support the Provider in the defense of such claims. 4. Obligations of the user (1) The user further undertakes, not to violate any laws and any contractual provisions when using the online services provided hereunder. (2) In particular he undertakes as follows: - that the content distributed by him does not violate rights of third parties, including copyrights, moral rights, patent and trademark rights and other rights, - that the existing criminal law and youth protection regulations are observed and - that no content is distributed which is racist, denies the holocaust, is grossly offensive, pornographic or sexual, which places young persons at risk, is extremist, glorifies or trivializes violence, or which glorifies war or advertises a terrorist or extremist political organization, or incites the commission of a criminal offense, contains a defamatory comment or contains a content which is offensive or unsuitable for minors or which has a criminal content of any other kind. (3) In addition, the user is obliged for the purposes of data protection to take into account the recognized principles of data security. He undertakes in particular to check outgoing emails to the Provider and queries with utmost care for viruses and as to their compliance with legal and technical regulations. Furthermore, the user shall observe the applicable data protection regulations. (4) The Provider is entitled to delete any user content which does not meet the above obligations immediately. 5. Extent of Use (1) The user grants the Provider, a simple, perpetual, right to use his text and image material which is unrestricted as to content and territory of use. The Provider has in particular the right to reproduce, edit, and make the content posted available to the public and grant other users appropriate sub-licenses for private use. (2) The user is entitled to use the content provided by the Provider for personal use and copy it into the memory of his computer. He is also entitled to make copies for personal use only or for his own information. For all uses beyond the aforesaid the prior written consent of the Provider is required. 6. Termination (1) Either party may cancel the agreement at any time upon 4 weeks’ notice. . (2) This does not affect termination for cause. Reasons which justify termination for cause for the Provider include the following: • where the user continues to infringe major provisions of these Terms despite having been put on notice of the breach by the Provider; • where the user commits a misdemeanor towards a third party by using the service of the Provider for illegal purposes or to harass a third party . (3) In the event of termination for cause the Provider shall be allowed to block access to its services with immediate effect, without service of termination notice and to ban the user from future use of the Services. (4) All notices under these Terms must be in writing, whereby e-mail and fax suffice the written form.

Clubexpert GmbH

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Email: info@clubexpert.com

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