TERMS OF USE
These Terms of Use are applicable to the registration and use of all content made available by B1 SmartTV GmbH with its headquarter in Munich, Ainmillerstraße 28, 80801 Munich (Local CourtMunich, HRB 235921) (in the following referred to as "B1") to customer (in the following referred to as "user") in the Sportworld App, via the Sportworld website or via other distribution channels (in the following referred to as "Sportworld") free of charge, subject to a registration or subject to a paid subscription (e.g. via paid passes, programme packages and package combinations) (in the following referred to as "content") as well as functions and other services.
Certain functions and other services (in the following referred to as "Services") may be subject to additional or different terms and conditions (in the following referred to as "Special Conditions", where by Special Conditions together with these Terms and Conditions of Use are also referred to as "Terms of Use"), which the user must agree to and to which B1 will inform the user in good time prior to the use of such services. In the event and to the extent that Special Conditions contradict these terms and conditions, the Special Conditions shall prevail.
If, in addition, the use of certain services requires the user to accept terms and conditions of third-party providers, B1 will also inform the user of these in good time before the use of such services. In case the user does not accept these third-party terms and conditions, the user is not entitled to use such services.
If the user is redirected to an online presence of other providers for the use of certain services, the terms of use, service, business, or other conditions of the respective provider are applicable.
One-time registration and user account
The user can access, receive and use the content and services via Sportworld, which is available on suitable internet-enabled devices such as SmartTVs, smartphones, tablets, TV sticks and, if applicable, other entertainment systems (in the following together referred to as "distribution channels") and may have to be installed.
In order to be able to use the content and services which are subject to payment and/or registration, the user must register in Sportworld for the first time and create a Sportworld account ("user account"), via which subscriptions can also be booked. Upon completion of the registration, a free user account is initially set up for the user and the user receives a confirmation of the registration by e-mail. The user has unrestricted access to his user account at any time. Only a limited range of services is available to the user in Sportworld without registration. The user is only obliged to pay if the user has ordered paid contents or services via Sportworld.
The user is obliged to provide the data required for registration, i.e., in particular name, e-mail address and payment data, correctly and completely and to update them immediately in the event of changes. Only persons who have reached the age of majority are entitled to register and open a user account.
The user must enter his or her customer number or e-mail address and password (login data) before using the content and services that are subject to charges and/or registration. It is only permitted to pass on the login data to persons living in the same household. The user is only entitled to allow children and young people to access the content if the content is approved for their age in accordance with the applicable youth protection law and is not excluded from use for other compelling legal reasons.
Subscription Agreement
For using paid content during a subscription period, the user must place additional individual orders of Sportworld offers, such as monthly or annual passes, ("subscription"), which can be placed and managed in the user account.
When ordering paid content, a subscription agreement is concluded between B1 and the user and grants the user access to the selected and booked subscription for the agreed subscription period and the agreed costs. The user will be informed of the duration of the service provision and the costs in each case before the order is placed in Sportworld. After placing the order, the user receives a confirmation by e-mail with all information about the subscription. The user can call up an overview and details of his subscriptions via his user account after placing the order.
The subscriptions in Sportworld are subject to change and do not yet represent a legally binding offer by B1. By activating the order button, the user submits a binding request for placing the order for a subscription. The user can check and correct the entries at any time during the order process. German is the binding language for placing the order and English for Sportworld offers outside of Germany or Austria, as far as the respective national language is not offered. B1 has the discretion to accept the order which is necessary for the conclusion of the subscription agreement and can reject it in particular if there are factual reasons (e.g., insufficient proof of age). The subscription agreement is concluded when the subscription has been activated and the user receives an order confirmation by e-mail. B1 does not intend to store the text of the contract separately. In each case, the content of the subscription results from the details of the order confirmation sent by e-mail (including the offer description and price information valid at the time of the order, which become part of the Subscription Agreement) and the Terms of Use. The corresponding information can be viewed in the user account.
B1 reserves the right to make the provision or use of offers in Sportworld dependent on the user confirming the e-mail address used for placing the order via a confirmation link sent by e-mail.
The various subscriptions can be booked individually and cancelled individually. Should one or more additional programme packages (upgrade) be booked, the terms of the booked subscriptions are applicable in each case, which may not be synchronised with each other.
When the subscription agreement comes into effect, B1 will make the paid content available to the user for streaming live or on-demand. A permanent copy is not created on the user's device.
Range of programmes
The design and availability of content may vary over time and is usually subject to certain restrictions. You may view content in any country where it is available, however the content (and the language, if any, available) may vary from country to country. The content may only be used within the agreed territory in which B1 has licensed and specifically offers the content to the user. If B1 uses technical measures for this purpose (e.g., geolocation based on the IP address of the internet connection used), the user is not entitled to circumvent or interfere with these measures. The user is entitled to access and use the online content service within the framework of the Regulation of the European Parliament and of the Council on ensuring cross-border portability of online content services in the internal market as long as the user is temporarily present in another EU member state.
B1 is entitled to make only minor changes to the programme offer in subscriptions with reasonable notice, provided that these are still acceptable to the user in good faith in relation to the overall agreed range of programmes, considering the interests of both parties without any further compensation for disadvantages. Such a situation shall be deemed to exist if B1 continues to provide the user with equivalent ("comparable") content that preserves the overall character of the subscription and the adjustments become necessary due to circumstances that occurred after the conclusion of the subscription agreement. For example, such circumstances justifying a change can be the loss of limited or the loss of unlimited licence rights for subscriptions that are the subject of the subscription agreement through no fault of B1 (loss of rights), or technical reasons that are not the fault of B1 or its vicarious agents (e.g. loss of cable transmission rights, changed requirements for encryption).
Technical operation
The user is no entitled to the availability of the content in a specific format. In Sportworld, the content is available in the respective available formats in standard resolution and the maximum playable picture quality. Not all content is available in all formats such as HD, Ultra-HD and HDR and not all subscriptions allow the reception of content in all formats.
The transmission quality of the content may vary and depends on a range of factors, such as location, the available bandwidth and/or the speed of the internet connection, over which B1 has no control. The user is responsible, at his or her own expense, for meeting the system requirements necessary for the use of Sportworld and for ensuring sufficient and constant data transmission.
B1 undertakes appropriate technical efforts to ensure that the content is available at the agreed time with as little disruption as possible. B1 cannot, however, guarantee that the content will be available. Technical failures caused in particular by force majeure can lead to an interruption of the retrievability. Furthermore, B1 is not responsible for the cancellation or discontinuation of an event or for the ability to show an event as scheduled or advertised, nor for the ability to view an event on any particular device.
From time to time, B1 may need to interrupt Sportworld for updates or maintenance. B1 will, however, endeavour to keep such interruptions to a minimum.
B1 cannot be held responsible if certain TV devices, mobile devices or applications used by the user and their configurations do not work or have an impact on the use of the content or the playback quality. The use of proxy servers may lead to transmission problems. It is prohibited to conceal or disguise the location via other IP addresses or other technical methods. The user is obliged to report any defects that occur, logging any error messages that may be displayed.
In the event that third party applications (including websites, widgets, software, or other software utilities) interact with the Sportworld Service, the use of such third-party services may be subject to the third-party Terms and Conditions of Use with which the user is required to comply.
Restriction on Use
User may only access the content through B1's authorised distribution channels. The user is authorised to use the subscriptions on a maximum of two (2) TV sets and a maximum of four (4) mobile devices (e.g., tablet, in-car entertainment system) belonging to the same household at the same time. B1 reserves the right to temporarily allow additional devices.
The content is legally protected, in particular by copyright and ancillary copyright. The user may not disable, circumvent, modify, or otherwise undermine any access technology, labelling, or other protection systems, such as digital rights management (DRM), used to protect the content, or geolocation.
The content may only be used for private purposes within the time limits provided for in the subscription agreement and may not be used for commercial purposes. The contents may in particular not be edited, changed, copied, stored, or made accessible to third parties or the public in any way (e.g., by uploading to so-called file or streaming sharing systems). The user is only entitled to a limited, non-exclusive, non-transferable, and spatially restricted right to access and use the content only within the scope and for the duration of an existing subscription. Except for the foregoing limited right of use, no right, title, or interest in or to any content and/or materials provided is granted or transferred to the user. The user is no longer entitled to access the subscriptions upon termination of the subscription.
If the user does not comply with the Terms of Use, B1 reserves the right to block the user's account.
Prices and method of payment
The product price is based on the price information given before the order process is completed. All price quotations are inclusive of the applicable statutory value added tax. The fixed monthly fees and other payments are due on the payment date listed in the user account for the booked subscription. Payments for subscriptions are invoiced monthly at the beginning of each subscription period and are due immediately. On the day, the subscription agreement is concluded, the first invoice period begins and ends at the end of the last day of the subscription period. The fees for day tickets and event tickets are due for payment and debited at the time of placing the order for the respective offer. In the case that a free trial period is agreed, the chargeable invoice period shall commence on the agreed date when the user has placed the order for a subscription. Otherwise, the free trial period ends on the last day of the agreed trial period.
Payments within the scope of the business relationship shall be made, unless otherwise specified, via credit card payment, PayPal or another offered means of payment, depending on the agreement. In no case is a cash payment possible.
The user must be registered or register with the respective provider for payment with certain payment methods, e.g., PayPal, ApplePay, Amazon Pay. Once the user has entered his access data for his account on the page of the specific provider, the user must confirm the payment instruction to B1 by means of the deposited payment method. The user is finally redirected back to Sportworld, where the user completes the order process. Payment is made immediately after placing the order.
The user will be provided with the statements for the booked subscriptions in the user account or by e-mail.
Price Adjustments
B1 is entitled to adjust the fees agreed with the user in accordance with the following provisions at its reasonable discretion if the procurement or provision costs on which the subscription is based, such as fees for programme licences, fees for technical services, customer service and other turnover costs, general administrative costs ("total costs") change after the conclusion of the subscription agreement due to circumstances that could not be foreseen at the time of the conclusion of the subscription agreement and which are not at the discretion of B1.
B1 can only increase the fees once within a calendar year. Eight weeks prior to the effective date, the user will be informed about an impending price increase. B1 will specifically inform the user of any right of termination and the period of notice as well as the consequences of a termination not received in time as part of the notification of the price increase.
The right of termination is only applicable to the subscription affected by the price increase. If the subscription affected by the price increase is a prerequisite for another subscription, however, a termination is also applicable to the latter. In the event that the user does not terminate the subscription or does not do so in time, the subscription shall be continued at the time stated in the notification with the new fees.
Notwithstanding the above provisions, B1 is entitled in the event of an increase in statutory fees, contributions, taxes, and levies, such as value added tax, and obliged in the event of a reduction to adjust the fees accordingly.
Term and termination of subscriptions
All subscriptions shall have the term specified in the respective subscription agreement ("Subscription Period"). The user may terminate a subscription at any time at the end of the agreed term. In the user account, the user can view the term and the next possible termination date. The user can follow the instructions in the user account to cancel the subscription. It is not necessary to indicate reasons for termination.
The subscription agreement for the temporary provision of content (VoD streaming) or for one-time live streams ends automatically upon expiry of the temporary provision or the live stream without the need for termination.
If payments are not only slightly in arrears, B1 may withdraw access to the content concerned for the duration of the arrears and/or refuse to provide further services. It is not possible to place further orders for subscriptions until the end of the payment default.
B1 also reserves the right to delete user accounts that have obviously not been used for a period of more than 12 months. After termination of the user account, B1 has the right to assign an alias (user/username) used by the user to other users.
Even after termination of the customer account and termination of subscriptions, the user is entitled to use free content.
If B1 is no longer able to provide the user with individual content, subscriptions/tickets, or programme combinations due to licensing or technical reasons, B1 has the right to terminate the subscription concerned with a reasonable period of notice.
For both parties, the right to terminate for good cause remains unaffected.
Right of withdrawal
Consumers have a right of withdrawal in accordance with the cancellation policy. The user may download the current cancellation policy and cancellation form here.
The withdrawal from a subscription can be made verbally, by telephone or in text form.
Changes to these Terms of Use
B1 reserves the right to change the Terms of Use. Changes to these Terms of Use will be offered to the user via the user account. These changes only become effective if the user accepts them.
The user can view the current version of the Terms of Use in Sportworld at any time.
Out-of-court dispute resolution
The EU Commission has provided an interactive website for the online dispute resolution platform (OS platform) for the resolution of out-of-court disputes arising from online legal transactions in accordance with EU Regulation No. 524/2013. The EU Commission's ODR platform can be accessed via this link: https://ec.europa.eu/consumers/odr/ which users can contact at any time. B1's email address is listed in the imprint. B1 does not participate in this dispute resolution procedure.
B1 does not participate in dispute resolution proceedings before a consumer arbitration board and has no obligation to do so.
B1 will, however, endeavour to find an amicable solution in the event of disagreements with users. The user can contact the Sportworld customer service at any time to clarify any questions.
Final agreements
The contractual relationship is governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, to the extent that the law of the country in which the content or services are offered to the user is not applicable due to applicable mandatory law. The mandatory consumer protection provisions that are applicable in the country in which the user has his or her habitual residence and has booked a subscription are also applicable, as far as these provide the user with more extensive protection.
In the event that the user does not have his or her headquarters or place of residence in the Federal Republic of Germany and if no place of residence in the Federal Republic of Germany is known, the respective headquarter of B1 shall be the exclusive place of jurisdiction. In all other respects, the statutory places of jurisdiction are applicable. This jurisdiction agreement is not applicable if an exclusive jurisdiction is established by law.
Stand: 05/2023
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