Terms of use

[modifica] Terms of use for sports-wiki.net

[modifica] Anyone can join in!

Section 1. General. Subject of the terms.
We are delighted to welcome you as a visitor and user of both sports-wiki.net and sportsnation.net as well as the other subdomains (hereinafter "sports-wiki.net").

sports-wiki.net is operated by sportsnation.net GmbH, Bösch 71 CH-6331 Hünenberg, Switzerland. The following terms of use apply when using sports-wiki.net.

Use of sports-wiki.net is solely permitted on the basis of the following terms of use.

By logging in, or – where separate log-in is not required – upon using the website, the user accepts the validity of these terms of use in the respectively applicable version. All use of sports-wiki.net is at the user's own risk.

Please take a moment to read these terms of use carefully. You may also print out or save these terms with a simple mouse click.

Section 2. Costs.
The use of sports-wiki.net is completely free of charge. No fees or any other charges are incurred.

Section 3. Registration, creation of user articles.
(1) Users wishing to write their own articles on sport-wiki.net or comment on the articles of others are required to register. To log-in/register the user must be at least 14 years of age. Registration can be carried out simply, quickly and free of charge by entering a user name at the top right of the home page; this user name will then be stored for all tasks relating to the article. Comprehensive information on the nature, extent, location and purpose of the collection, processing and use of data by sports-wiki.net as necessary to provide services and transfer articles, comments and messages is detailed in the privacy policy.

(2) Individuals purely wishing to take part in votes are not required to register.

(3) A sports-wiki article can be amended by any registered user. A blog entry can only be corrected or deleted by the respective registered author. Other registered users may solely comment on or evaluate a blog entry posted by a registered author.

Section 4. Use of content and information provided / Note to holders of rights.

(1) Users are responsible for ensuring that all content that they contribute to this website is created to the best of their knowledge. Despite such care, errors may nevertheless occur. In this respect, particular value is placed on the provision of correct and up-to-date information. Notwithstanding this fact, sports-wiki.net and the individual authors of articles make no claim with regard to completeness, up-to-dateness, quality or correctness. As such, each user remains individually responsible for checking the correctness, completeness and up-to-dateness of all information provided. Accordingly, no responsibility can be assumed for losses arising from reliance on the content of this website or the use thereof. sports-wiki.net assumes no responsibility for the up-to-dateness, correctness or completeness of information provided. Moreover, attention is also drawn to the fact that information presented on sports-wiki.net websites is of a general nature and is not directed towards the particular requirements of any individual case.

(2) Liability on the part of sports-wiki.net for incomplete, outdated or incorrect information, as well as liability for any consequences of possible misinterpretation by the user with regard to the information provided, is limited to instances of gross negligence and wrongful intention on the part of sports-wiki.net.

(3) On all entry pages, sports-wiki.net draws attention to the fact that the use of content subject to third-party copyrights is not permitted. However, in light of the extremely large number of electronic and primarily written publications, instances of users nonetheless entering content that infringes upon existing intellectual property rights, and which is not immediately recognized as such, cannot be ruled out. Upon sports-wiki.net being notified of any such infringement of copyright, it will immediately block the content in question. The notification to sports-wiki.net must be made in writing and include the necessary evidence detailing the ownership of rights.

Section 5. User obligations.

(1) The user is personally responsible for all content produced and published on their part or via their user identification. The user is also obligated to handle all data and other information with confidentiality and may not make such data or information accessible to third parties without authorization from the author.

(2) The user hereby ensures that they are the personal holder of any necessary copyrights and/or user rights pertaining to any content presented on their part (texts/comments/profile details/photos) and that no third-party rights have been infringed upon. Insofar as any third-party rights must be taken into consideration, the user will ensure that third-party consent for the specific nature of the publication has been obtained.

(3) Should the user become aware of any circumstances giving rise to an infringement of rights associated with content published on their part, the user is obligated to rectify or delete such content without delay. sports-wiki.net is not obligated to investigate whether user entries encroach upon third-party rights or infringe upon objective law.

(4) Within the scope of using sports-wiki.net websites, the user is also required to ensure that all such use and any associated activity does not, under any circumstances:

4.1. harm any individual, particularly minors, or infringe upon their personal rights;

4.2. offend public decency;

4.3. infringe upon industrial property rights and copyrights or any other proprietary rights;

4.4. involve uploading any content containing viruses, so-called Trojan horses or any other programs that could damage the software;

4.5 involve entering, saving or sending hyperlinks or any content which the user is not entitled to enter, store or save, particularly where such hyperlinks or content breach confidentiality obligations, are unlawful, contrary to contract terms or are known to be utterly false; and/or

4.6. involve the distribution of advertising, unsolicited e-mails (so-called "spam"), inaccurate warnings of viruses, malfunctions or similar material, or request participation in lotteries, snowball systems, chain letters, pyramid games or similar activities.

(5) The user hereby agrees to release sports-wiki.net from all claims for damages asserted by third parties on the basis of the content or structure of articles, and particularly with regard to all claims asserted on the basis of infringements of competition or copyright law or any other statutory provisions. In all instances, the obligation to release also includes the obligation to fully release sportsnation.net with regard to legal defense costs, such as attorney fees and court costs. In the event that, following reasonable consideration of the individual circumstances, sportsnation.net publishes a counter statement or any other comparable announcement for the purposes of minimizing damages, the user will be required to reimburse sportsnation.net for all reasonable costs incurred. Each individual user hereby agrees to comply with the terms of use of sports-wiki.net.

Section 6. Copyrights, rights of use, brands, logos.

(1) The contents and structure of sports-wiki.net websites – in particular all logos employed – are protected by copyrights. All rights are reserved. Insofar as not otherwise stated, all information published on sports-wiki.net websites (text, image, graphic, sound, video or animation files) is made freely available to users without charge. Each user is entitled to use and document (download) the information presented for their own private informational purposes. All other use or exploitation of the information – in particular, duplication, amendment or inclusion in publications or Internet presentations of any nature – is only permitted subject to the prior approval of sports-wiki.net or the respective authorized user.

(2) Sports-wiki.net hereby draws attention to the fact that all other intellectual property rights (particularly trademarks and rights to names) exclusively remain with sports-wiki.net.

(3) Upon publication of any content, the user grants sportsnation.net the simple, localized, spatially and temporally unlimited, transferable, indefinite, gratuitous and irrevocable right to use the content in its original or modified, translated, edited or redesigned form; in particular, this includes the right to permanently or temporarily save and load the content, display it, also insofar as copies are necessary, change, translate, edit or modify it in any other way, save it on any known medium or by other means, copy, exhibit, publish, distribute in tangible or intangible form, including by way of image, sound or other information storage medium, utilize it for personal use or utilize and distribute it for the purpose of rendering services to third parties.

(4) The user is aware that other Internet users have the technical capability to copy the published texts at any time. In the absence of intentional or grossly negligent action on their part, sports-wiki.net, its representatives and vicarious agents assume no responsibility for any loss or damage arising therefrom.

Section 7. Deletion of articles, blocking users.

Under application of standard, materially legitimate principles, sports-wiki.net reserves the right to delete or block articles on account of their content, structure or origin, where the content of any such article violates the law, official regulations or these terms of use, or where publication is deemed inappropriate by sports-wiki.net. Subject to the same provisions, sports-wiki.net also reserves the right to block users.

Section 8. Hyperlinks and references to other websites.

sports-wiki.net websites may contain links and/or other references to third-party websites. The use of certain links on sports-wiki.net websites may cause you to leave the sports-wiki.net website. In light of the fact that sports-wiki.net has no influence over the content or information provided on linked websites and does not regularly check such sites, sports-wiki.net assumes no responsibility for the correctness, accuracy, reliability or completeness of information on websites referred to via links and also expressly rejects any responsibility for any errors or omissions contained therein. Hyperlinks to other websites are to be interpreted purely in terms of support and do not imply that sports-wiki.net endorses or approves the website in question, or any products and services described therein.

Section 9. Placing links on sports-wiki.net websites.

Links, including in the form of deep links, may only be placed on sports-wiki.net websites subject to the requirement that they do not infringe upon any rights of sports-wiki.net or other companies controlled by sports-wiki.net; whereby this particularly applies to copyrights, ancillary copyrights or trademarks.

Section 10. Important note on computer viruses, Trojan horses and other harmful content.

Notwithstanding the fact that sports-wiki.net continually endeavors to keep the websites free of harmful content, sports-wiki.net does not provide any guarantee or assume any liability for ensuring that the websites are indeed free of harmful content. For the purpose of their own protection and also to prevent harmful content from infiltrating sports-wiki.net websites, prior to downloading any information, software or documentation the user will ensure the application of appropriate security measures, particularly the use of suitable virus scanners.<br/"

Section 11. Regulations on use and responsibility for passwords.

The user is solely responsible for preventing the misuse of any passwords issued for use of specific areas of sports-wiki.net websites. In the event of the user gaining knowledge of their password becoming unintentionally known to unauthorized third parties, or where any other threat of misuse exists, the user is to notify sports-wiki.net accordingly without delay. In any such case, sports-wiki.net will take appropriate action to block the password in question. Irrespective thereof, sports-wiki.net assumes no responsibility for any losses arising from the misuse of passwords, provided such misuse is not the result of grossly negligent or intentionally wrongful conduct on the part of sports-wiki.net or one of its vicarious agents. Moreover, sports-wiki.net may revoke or restrict access authorization at any time by blocking access data, whereby it is not under any obligation to state the reason for such.

Section 12. Access to sports-wiki.net, warranty.

Given the nature of the Internet and computer systems, sports-wiki.net assumes no responsibility for ensuring the uninterrupted availability of the website and, furthermore, provides no guarantee in relation to data loss or database failure. Moreover, sports-wiki.net reserves the right to wholly or partially discontinue or restrict operation and/or provision of the website at any time without further notice.

Section 13. Data protection.

With regard to the collecting, using and processing of personal data pertaining to sports-wiki.net website users, sports-wiki.net complies with all applicable statutory provisions on data protection and also observes the sports-wiki.net privacy policy. This privacy policy contains comprehensive information on the nature, extent, location and purpose of the collection, processing and use of data by sports-wiki.net as necessary for the provision of services and transfer of entries, comments and messages. The privacy policy is available via hyperlinks on sports-wiki.net websites and/or at www.sports-wiki.net.

Section 14. Liability.

(1) Insofar as not otherwise stated below, sports-wiki.net will only be liable for compensation where loss results from wrongful intention or gross negligence on the part of sports-wiki.net or one of its representatives or vicarious agents. To the extent that liability is subsequently effectively excluded or restricted, the same shall also apply in terms of the personal liability of employees, other personnel, organs, representatives and vicarious agents.

(2) sports-wiki.net is liable for non-compliance with assumed warranty obligations. Warranties will only be assumed on the part of sports-wiki.net where expressly designated as such in writing.

(3) sports-wiki.net is liable without restriction for negligent, grossly negligent or intentionally inflicted injury to life, body or health.

(4) Insofar as sports-wiki.net violates a cardinal obligation or a substantial contractual obligation by way of ordinary negligence, liability for damages will be limited to foreseeable loss typical to the contract and, at the most, to the value of the contract.

(5) sports-wiki.net will not be held responsible for impairment of performance due to instances of force majeure, particularly due to lawful, company-internal industrial action or natural disasters.

(6) sports-wiki.net assumes no responsibility for damage suffered by users or third parties in consequence of the conduct of other users. Section 5 (5) of these terms of use applies accordingly.

Section 15. Concluding provisions

(1) sports-wiki.net reserves the right to amend or update these terms of use or any other information contained on sports-wiki.net websites at any time without prior notice. This also applies with regard to improvements or modifications to the products, services or initiatives described on this website.

(2) Supplementary agreements require written form.

(3) Should one or more of the above provisions be or become invalid, the validity of all other provisions shall be unaffected by this. The invalid provision is to be replaced by an effective provision that most closely fulfils the originally intended economic objective.

sportsnation.net GmbH
Bösch 71
CH-6331 Hünenberg
Switzerland

Tel.: +41 41 711 74 80
Fax: +41 41 711 74 81

E-mail: info@sports-wiki.net
Managing Directors: Dr. Wilhelm Bielert, Johannes Kaufmann, Klaus Naderer

Hünenberg, Version: March 2008