1. getquu GmbH, Bahnstr. 3, 64390 Erzhausen, in the following - provider - operates a website for the Esports management under the domain www.teamup.management.
2. These GTC apply to all services and game applications provided by the Provider, regardless of the distribution channel and regardless of the type of use and the nature of the end device. The services provided via the portals and websites of the provider for the TeamUP Management area are provided exclusively on the basis of these General Terms and Conditions. These terms and conditions are published at the time of ordering, purchase, installation and/or use, and also on the company website (https://www.teamup.management). They can be viewed at any time and, if technically possible, printed out. They are therefore reasonably visible.
3. Other GTC expressly do not become part of any contractual agreements between you and the provider. If you do not accept these GTC in part or in whole, the provider is not prepared to conclude a user contract with you and you are therefore not entitled to use or use the services offered by the provider.
5. The supplier is entitled to changes of the AGB and other conditions with effect for the future. Changes are made only for necessary reasons, e.g. for reasons of extensions of services or changes and/or, changes of laws or jurisdiction or other equivalent reasons.
Changes require the user's consent, which can be requested at the next use. The GTC shall then be deemed approved if you do not object in writing or in text form within 8 weeks of receipt. The time limit for objection will be indicated in the information. The renewed use of the service also constitutes consent to the amended GTC.
Upon a contradiction against the general terms and conditions, the provider is entitled to terminate the user contract without notice and to delete any accesses and data from you. In this case, any costs for premium access will be reimbursed pro rata.
Conclusion and termination of contract
1. The conclusion of the contract between you and the provider takes place via registration on the side www.teamup.management. In the course of this registration, you must enter all contract data and select one of the offered packages with different contract terms and contents. All offers within the scope of this registration are made as invitatio ad referendum, i.e. a non-binding invitation by you as a user to submit a contract offer.A contractual relationship between you and the provider only takes place through written acceptance of your offer by the provider. This is done in text form.
2. The contract for the use of the portal teamup.management always takes place only between the provider and a user. The user can also be a legal entity. As a user, you receive the right to use the entire portal according to the package booked and its scope of functions described therein.
The functional scope of a booked package can include that the user can activate or remove further accesses to the platform as a contractual partner (co-user). In any case, however, the user remains the sole contractual partner for the provider.
3. The payment of the consideration is due immediately. Access to a chargeable usage package is only possible after the payment transaction has been confirmed and completed.
4. Free access to a limited package at teamup.management is available. Each legal or natural person is only entitled for a single free plan access.
5. The data protection efforts of the provider are also subject to the use of the contract. These are regulated separately in the data protection declaration, which can also be accessed on the portal.
The contract for a chargeable use takes place with a certain duration, as this is indicated before the order by the offerer. There is no automatic extension. After expiration of the contract period, use of the portal and access is neither possible for the provider nor for other users, including access to data. It is the sole responsibility of the user to back up any data before the end of the period of use. The provider insures the further storage of the data for up to three months after expiry of the period of use. Thereafter, renewed access to the data cannot be guaranteed, even in the event of a further chargeable access.
6. The user can extend the contract term prematurely for a fee. The additional time of use is added in full to the time of use already acquired.
The provider can regularly terminate the contract at the end of a contract period. In this case an extension by the user is not possible. In this case, too, the user is obliged to back up all data, at the latest at the end of the contract term. A right to later publication of data exists only within the scope of possible legal claims of the user.
7. In the context of payment processing, the provider is entitled to pass on data to external payment providers. In this case, the customer may have to accept further terms and conditions of these payment providers. In such a case, further data protection declarations of the third party providers may also apply.
In case of gross violation of contractual obligations by the user, in particular, but not exclusively, in case of violation of these GTC, the provider is entitled to terminate without notice.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us (getquu GmbH, Königstrasse 151, 42853 Remscheid, Germany; Tel.: +49 (0) 2191 4486861; E-Mail: email@example.com) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract.
You can use the model withdrawal form, but this is not mandatory. You can find it here.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, getquu GmbH has to pay back all payments we have received from you, including the delivery costs (with the exception of the additional costs which result from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notice of withdrawal of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
End of the revocation instruction.
Special reference to the premature expiry of the right of revocation
Your right of revocation expires prematurely if the execution of the contract has begun before the expiry of the revocation period, after you as a user have given your express consent to this and have taken note that you consequently lose your right of revocation with the beginning of the execution of the contract.
Duties as user
1. You agree not to use, post, publish or link to any bullying, threatening, harassing, abusive or defamatory material on any third party website, regardless of who may be affected by such material.
You agree not to use, post, publish or link to any discriminatory content, political, immoral, pornographic, morally reprehensible, offensive, violent, glorifying, sexist, right-wing or left-wing extremist content or content that violates laws, in particular youth protection laws and the Youth Media Protection State Treaty, or to advertise, offer or distribute such content or material that violates laws, in particular youth protection laws.
2.You agree not to publish, reproduce, make publicly available or distribute protected content, in particular to violate industrial property rights, to advertise, offer or distribute goods or services, to perform or promote anti-competitive actions, to request other users to provide personal data for commercial or unlawful purposes or to provide access data, to organize or advertise commercial activities and sales of third parties, to reproduce a picture of another person or to make it publicly accessible without the written consent of the person concerned or to publish personal data and confidential data without being entitled to do so.
In case of doubt, the provider is entitled to delete content that violates these GTC.
3. A violation of these GTC may constitute an important reason within the meaning of these GTC and lead to termination for good cause. It is at the discretion of the provider to threaten or implement measures of any kind to enable compliance with the above regulations. This includes in particular, but not conclusively, the issuing of a virtual house ban, the warning of the user or the exclusion of the user from individual functions.
4. As a user and contractual partner, it is assured that all other members who have been invited and authorized to share the portal have been informed about the general rules of conduct and encouraged to use them responsibly, as well as to comply with local laws, in particular, however, with the laws of the Federal Republic of Germany.
5. As a user you transfer to the provider all copyrights and all other rights necessary to offer the service. The user also guarantees that the invited co-users have been informed about and agreed to such use by the provider. The same applies to the consent to data protection use and processing by the provider and by third parties for content posted by the user and co-users, as well as for data that was necessarily generated by the user and co-users when using the portal, the generation of which is obvious or technically necessary or whose generation was referred to in the separate data protection declaration. The user also undertakes to inform co-users about data security, in particular, but not exclusively, about the use of secure passwords.
The user is liable for all actions of the co-users and indemnifies the provider from all claims of third parties in this respect. The provider assumes no liability towards the user for damages or actions of the co-users.
It is the user's discretion and responsibility to select, add, delete, monitor, sanction or take any other action. The provider only provides teamup.management as a portal and usage option and, with the exception of legal obligations, will not interfere in internal usage processes of the user, influence them, control and monitor them.
6. The user guarantees that content made available via the functions of the portal does not infringe the rights of third parties and does not infringe third parties. This applies in particular, but not exclusively, to content that is made available to third parties, i.e. not only to co-users, provided that the portal enables the public provision of the respective content or information and refers to this circumstance.
1. The provider makes all functions and the use of the site teamup.management available to you as a simple right of use.
2. For all contents which are made available by you as a user within the scope of use, you grant the provider free of charge the simple, spatially unlimited right to duplicate and make available to the public in connection with the necessary use of the product for those persons who have authorized access to this data and contents. This also applies to rights of use and distribution to third parties if the portal offers the possibility of making data and content available to more than just users and co-users.
3. You release the provider from all claims, including claims for damages, which other persons or other third parties assert due to an infringement of their rights by your behaviour or by the contents or data posted by you. You are obliged to reimburse the provider for the reasonable costs incurred as a result, in particular the costs arising from any legal defence that may be required. All further rights as well as claims for damages of us remain unaffected.
4. Warranty claims for defects remain unaffected. As a user, however, you acknowledge that warranty can only be given for the current program version and that software can never be completely error-free.
5. The provider is only liable for damages and reimbursement of wasted expenses due to breach of contractual or non-contractual obligations in the event of intent or gross negligence, negligent or intentional injury to life, body or health, negligent or intentional breach of material contractual obligations, due to the assumption of a quality guarantee, due to mandatory liability under the Product Liability Act and within the scope of application of Art. 44a TKG.
6. The compensation for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless there is intent or gross negligence on the part of the provider.
7. Co-users invited by the user and contractual partner do not acquire any contractual claims against the provider.
8. The offerer is obligated to appropriate data security and data security measures and accomplishes these. However, this does not release the user from his own data backup measures, even if the provider does not offer a separate function for this. The provider assumes no separate liability for data security, except in cases of intent or gross negligence, negligent or intentional injury to life, body or health. The provider assumes no further liability, in particular not for damages or loss of turnover due to data loss.
Applicable Law, Jurisdiction and Other
1. The law of the Federal Republic of Germany shall apply in all legal disputes to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of conflict of laws provisions.
2. For disputes with you the legal place of jurisdiction applies, as far as you have general place of jurisdiction in the Federal Republic of Germany. In all other cases, the exclusive jurisdiction of the place of jurisdiction Großkoschen (Senftenberg) is agreed, as far as permissible.