Terms and Conditions of Use for the “myVStats” Online Service
The following Terms and Conditions of Use regulate the contractual relationship between myVStats GmbH, Vikarweg 18, 70567 Stuttgart, Germany (hereinafter referred to as “myVStats”) and the user of the myVStats online platform (hereinafter also referred to as “service”).
1. Scope and definitions
1.1 myVStats operates an online platform that makes it possible to record game scores and statistics and share this data with other users through a mobile app. The following Terms and Conditions of Use apply to all users of this service.
1.2 The myVStats Terms and Conditions of Use shall apply exclusively. Deviating, contrary or supplementary terms and conditions of use of the user shall only form part of the agreement if explicitly approved in writing by myVStats. This approval requirement shall apply at all times, even if myVStats provides its services unconditionally in knowledge of the user’s terms and conditions of use.
1.3 Within the meaning of these Terms and Conditions of Use, the term “user” refers to all natural persons, legal entities and associations of individuals who use the service. A “user” is any natural person, legal entity, or association of individuals who registers for the service in order to be able to take advantage of the expanded possibilities of interactive participation.
1.4 Within the meaning of these Terms and Conditions of Use, “content” refers to all information that can be used for creating, displaying and sharing the myVStats service with other users.
2. myVStats services
2.1 The user can use the myVStats service free of charge through the application (hereinafter also referred to as “app”), subject to availability. The user can record game results, create statistics and share this data with other users. By using the app, the user acknowledges the Terms and Conditions of Use in the current version at the time of use.
Registered users enjoy additional interaction options. They can:
Leave positive feedback for other users and their own contents
Comment on their own and other users’ contents
Create own contents
Maintain social contacts through a messenger function
Upload a photo to their own profile
Share contents with third parties
Recommend contents through Facebook and Twitter
By registering as a user, myVStats and the user conclude an agreement containing these Terms and Conditions of Use and the myVStats data protection provisions.
2.2 The user shall not be entitled to continuous and uninterrupted availability of the service. However, myVStats shall endeavour to achieve the greatest possible availability and rectify faults as quickly as possible. myVStats may discontinue the service, in whole or part thereof, temporarily or permanently.
2.3 myVStats continuously develops the service. myVStats therefore reserves the right to adjust, improve or add additional functions to the service.
3. Registration and conditions of use
3.1 The use of myVStats is free of charge. Only users who are legally competent or act with the approval of their legal representatives may participate.
3.2 Users register by completing the registration form in the app or through the so-called “one-click” registration using the login data of their corresponding network (e.g. Facebook Connect).
3.3 The agreement on the participation in the service is concluded by the user accepting the corresponding offer – in the form of the confirmation e-mail which the user receives from myVStats after submitting the registration form – by clicking the link in the e-mail. The user shall not have any legal claim to the use of the service. myVStats reserves the right to confirm registrations on a case-by-case basis and may reject an application without stating any reasons, in which case the data submitted through the registration form shall be deleted immediately.
3.4 Only one user account may be registered per user. User accounts are non-transferrable.
3.5 The user shall assure that all of the information provided by them in the registration form is true, up to date and complete. An existing e-mail address as well as the real forename and surname of the user must be stated. The user can publish additional personal information, such as a profile picture, in their profile in addition to the data provided during the registration. Other users of the service can access this information. The user shall ensure that the profile information is always up to date.
3.6 The profile picture must not be any image that violates the law and/or is protected by copyright, personal rights, trademarks or other third-party property rights.
4. General obligations of the user
4.1 The user shall undertake to refrain from engaging in any activities that may impair the functionality of the service (e.g. through software or other scripts).
4.2 The app provided by myVStats shall not be copied, modified, reverse engineered, decompiled and distributed, unless permitted by mandatory legal provisions.
4.3 The myVStats service or individual contents thereof shall not be offered or used as commercial content of any kind, and regardless of it being free of charge or paid for. In particular, it shall not be illegally counterfeited, sold, leased or used or offered for own or third-party advertising purposes.
5. Responsibilities, banned contents and conduct
5.1 The user is responsible for all activities that are performed through their member account and for all contents that are published under their username. Any misuse of the password or user account shall be reported to myVStats immediately.
5.2 The user shall undertake to refrain from publishing inadmissible and/or illegal contents within the service (e.g. contents liable to prosecution, illegitimate advertising, etc.). myVStats reserves the right to delete such contents.
6. Rights of use
6.1 By uploading contents, the user shall grant myVStats the non-terminable, non-regional, transferrable, free of charge and non-exclusive right to use the contents for the service in accordance with these Terms and Conditions of Use.
6.2 myVStats may, in particular, duplicate and distribute the contents, make them accessible to the public and available on demand within the scope of the service (online, access and transfer right) as well as archive them and include them in databases.
6.3 myVStats is entitled to edit the content provided, insofar as this is required for graphic display and/or for editorial reasons. The technical processing and transmission of the offer may require transmissions via several networks and/or technical modifications to meet the technical requirements of the linked networks or other technical facilities. myVStats shall obtain the user rights required for this purpose.
6.4 myVStats shall not be obliged to pay compensation for the granting of the above rights of use. myVStats shall not be obliged to apply diligence when storing / saving contents.
6.5 The user shall assure that they own all rights in the contents transferred by them and that, in particular, they are entitled to transfer the rights stated in this section to myVStats.
6.6 The user shall not be entitled to demand the publication of their transferred contents.
7. Termination and restriction of participation
7.1 Both parties may terminate the user relationship at any time by giving notice. The user may terminate their use at any time by deleting their user profile. In this case, myVStats shall delete the account and any personal data stored therein in accordance with the data protection provisions.
7.2 myVStats may, at its discretion and without stating any reasons, block and/or terminate a password, user account (or parts thereof or certain contents contained therein) or any other use of the myVStats service. This shall apply, in particular, in the event of violations of the Terms and Conditions of Use or if myVStats obtains knowledge of, or has a legitimate reason to suspect that, the account has been misused.
8.1 myVStats shall assume unlimited liability for damages caused by acts of malicious intent or gross negligence, for fraudulently concealed defects, in case of assumption of a quality guarantee, for claims based on product liability law as well as for injury to life, limb and health.
8.2 myVStats shall assume liability for other damages only if an obligation has been violated whose fulfilment is crucial for the proper performance of the agreement and in whose compliance the customer may regularly trust (main contractual obligations).
8.3 In the cases stated in Section 8.2, liability shall be limited to the typical discernible damage.
8.4 The limitations of liability stated above shall also apply to the vicarious agents of myVStats.
9. Amendments to the Terms and Conditions of Use
9.1 These Terms and Conditions of Use may be supplemented, amended or declared invalid by myVStats. myVStats reserves the right to amend these Terms and Conditions of Use at any time and without stating any reasons. The user shall be informed about the amended Terms and Conditions of Use two weeks before they come into effect in writing via e-mail. If the user fails to explicitly object to the amended Terms and Conditions of Use within two weeks from receiving the e-mail, they shall be deemed to have been accepted. myVStats shall notify the user of the importance of the two-week objection deadline and the option to object in the notification containing the amended Terms and Conditions of Use.
9.2 myVStats reserves the right to transfer the contractual relationship with the user, in whole or part thereof, to a third party. In this case, the third party shall take over the contractual relationship, in whole or part thereof, and assume the rights and obligations arising thereof to the corresponding extent. The user may terminate their account without notice in the event of such change of contracting partner.
10. Final provisions and governing law
10.1 These Terms and Conditions of Use are exclusively governed by German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 In the event of the parties being business persons, the location of the head office of myVStats shall be agreed to be the place of jurisdiction for all disputes arising from or in connection with this agreement.
10.3 The user may only offset counterclaims that have been found to be legally binding, are undisputed or acknowledged by myVStats.
10.4 Should one or several provisions of these General Terms and Conditions of Use be ineffective, in whole or part thereof, this shall not affect the effectiveness of the remaining provisions.
myVStats shall store this contractual text (as of May 2019) upon conclusion of the agreement and can be accessed by the user at any time after the conclusion of the agreement, within the scope of the agreed availability of this website.