General Terms and Conditions

„TRANSFERMARKT agent service“ hereinafter refers to the service presented below (including all applications) which is provided by Transfermarkt GmbH & Co. KG, Wandsbeker Zollstraße 5a, 22041 Hamburg (hereinafter „TRANSFERMARKT“).

A. General conditions for the use of the TRANSFERMARKT service

The TRANSFERMARKT agent service is provided via websites on the Internet (e.g. www.transfermarkt.de, www.transfermarkt.com) as well as under various subdomains and via mobile applications (so-called "apps"), hereinafter collectively referred to as the „TRANSFERMARKT agent service“ or „agent service“.

The applications of the TRANSFERMARKT agent serviceinclude, in particular, a service for player agents (hereinafter referred to as the "agent service"), for which the user can purchase a membership.

These General Terms and Conditions (hereinafter referred to as „GTC“) apply to the use of the TRANSFERMARKT agent service and regulate the contractual relationship between the user and TRANSFERMARKT regardless of which of the applications the user uses to obtain services from TRANSFERMARKT agent serviceTRANSFERMARKT agent service is aimed exclusively at commercial player agents and thus at merchants.

The contract is concluded with Transfermarkt GmbH & Co. KG, Wandsbeker Zollstraße 5a, 22041 Hamburg.

1. Subject matter of the contract and basis of use of the agent service

General

1.1. TRANSFERMARKT agent service is a service whose purpose is to contribute to the improvement and simplification of player agents activities related to professional soccer players through a variety of different applications.

1.2. As soon as you as an agent supervise or advise a player, you can register for the agent service. However, there is no entitlement to admission. Registration as a player agent according to the rules of a national football association is not required. The TRANSFERMARKT agent service only lists agents who provide a valid address (i.e. street, house number, postal code, city and country) and an e-mail address when requesting registration and who are linked to a personal user account on TRANSFERMARKT.

1.3. TRANSFERMARKT agent service offers the user various possibilities to present himself with his own user profile and with his activities on TRANSFERMARKT agent service and to interact with other users and third parties in real time. The full effect of the TRANSFERMARKT agent service can only be achieved if the user profile can also be accessed by non-users and found in search engines, which is why this external accessibility and findability of the user profile is preset.

1.4. The agent service can be used in six different service levels, which can be seen on a landing page. After registering the agency company profile, one automatically has access to the free service level of the agent service (level: Free Service) and all associated features. In addition, it is possible to book five further premium service levels (levels: Basic, Basic Plus, Professional, Professional Plus and Enterprise) via the landing page and an external store system. The premium service is usually activated within 48 hours after a manual check, provided that the user has created a user profile and this is linked to an agency profile.

2. Conditions of use, conclusion of contract and assurances at conclusion of contract

General

2.1 The possibility to use the applications offered on the TRANSFERMARKT agent service does not constitute an offer, but only an invitation to submit an offer. By completing the booking process, the user makes an offer to conclude the contract for the use of the corresponding TRANSFERMARKT application. TRANSFERMARKT accepts this offer of the user by providing the corresponding services. Only by this acceptance the contract between the user and TRANSFERMARKT is concluded. TRANSFERMARKT is not obliged to conclude a contract. When using services for which a fee is charged, the user accepts the associated payment obligation by clicking on the confirmation field offered in this case.

2.2 The user warrants that he/she is acting as a commercial player agent and that all data provided by him/her are true and complete. The User is obliged to keep the data regarding all applications used by him true, up-to-date and complete during the entire term of the contract. In the event that TRANSFERMARKT's customer service makes manual changes to the user's data on behalf of the user, TRANSFERMARKT reserves the right to charge the user for any resulting costs incurred by TRANSFERMARKT, to the extent that the user is responsible for the event giving rise to the costs.

2.3 The user warrants that he is of legal age. In the event that the user acts on behalf of a legal entity within the scope of certain applications, the user warrants that he is authorized to act on behalf of the legal entity. Upon request, the user will provide TRANSFERMARKT with proof of the information assured in accordance with this clause.

2.4 TRANSFERMARKT cannot technically determine with certainty whether a user registered on the TRANSFERMARKT websites actually represents the person the user claims to be. TRANSFERMARKT therefore does not guarantee the actual identity of a user. Likewise, TRANSFERMARKT does not guarantee the accuracy of the data and information entered.

2.5 In order to create a TRANSFERMARKT user profile, registration is required, during which the user must choose a password, among other things.

2.6 Der Nutzer ist verpflichtet, das von ihm gewählte Passwort geheim zu halten. TRANSFERMARKT wird das Passwort nicht an Dritte weitergeben, nur für den Anmeldevorgang benutzen und den Nutzer – vom Anmeldevorgang abgesehen – zu keinem Zeitpunkt nach dem Passwort fragen. Aus Sicherheitsgründen und um Missbrauch vorzubeugen wird dem Nutzer empfohlen, sein Passwort in regelmäßigen Abständen zu ändern. Die Sicherung und Aufbewahrung der Zugangsdaten zum TRANSFERMARKT-Nutzerprofil (insbesondere des Passworts) fällt in den ausschließlichen Verantwortungsbereich des Nutzers.

2.7 Each user may create only one user profile. The user may not allow third parties to use his own user profile.

3. General obligations of the user and special provisions for the use of the TRANSFERMARKT agent service

3.1 The user is obliged to,

(a) To provide only true and non-misleading information and to use his or her clear name and no pseudonyms or pen names;

(b) In case the user uses a profile picture, to use only such a picture in the user profile on which the user is clearly recognizable. The user shall ensure that the public reproduction of the profile photo submitted by him/her on the TRANSFERMARKT websites is permitted under applicable law. The use of photos or images of other or non-existent persons or other beings (animals, fantasy beings, etc.) or logos as profile pictures is not permitted.

(c) To observe applicable law and all rights of third parties when using TRANSFERMARKT and the contents on the TRANSFERMARKT websites. In particular, the user is prohibited from

Use of insulting or defamatory content, regardless of whether this content concerns other users, TRANSFERMARKT employees or other persons or companies;
Use of pornographic, violent, abusive, immoral or illegal content or advertising, offering and/or distribution of pornographic, violent, abusive, immoral or illegal goods or services;
Unreasonable harassment of other users, in particular through spam (cf. Section 7 of the German Unfair Competition Act - UWG);
Use of content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) without being entitled to do so, or advertising, offering and/or selling goods or services protected by law, also without being entitled to do so; or
Engaging in or promoting anti-competitive activities, including progressive solicitation (such as chain, snowball or pyramid schemes);

(d) Refrain from the following harassing acts, even if they do not specifically violate any laws:

Sending chain letters;
Conducting, advertising, or promoting structural sales activities (such as multi-level marketing or multi-level network marketing); and
• Making lewd or sexually oriented communications (explicitly or implicitly).

3.2 The user is prohibited from the following actions:

(a) Using mechanisms, software or scripts in connection with the use of TRANSFERMARKT websites. Direct or indirect advertising or distribution of such mechanisms, software or scripts is also prohibited. However, the user may use, advertise or distribute interfaces or software authorized by TRANSFERMARKT;

(b) Blocking, overwriting, modifying, and copying, unless this is necessary for the proper use of TRANSFERMARKT;

(c) Distribute and publicly display the content of TRANSFERMARKT websites or other users, unless such distribution and public display is provided for within the scope of the respective TRANSFERMARKT application or the other user has consented to such distribution and public display; and/or

(d) Any action that may impair the functionality of the TRANSFERMARKT infrastructure, in particular by placing an excessive load on it.

3.3 TRANSFERMARKT is not obliged to make data and/or information provided by the user available to other users if this data and/or information is not in accordance with clauses 4.1 and 4.2. TRANSFERMARKT is entitled to remove data and/or information from the TRANSFERMARKT websites that is not permitted under sections 4.1 and 4.2 without prior notice to the user.

4. Changes to the services and the GTC

4.1 TRANSFERMARKT reserves the right to change the services offered on the TRANSFERMARKT websites or to offer different services, unless this is unreasonable for the user.

4.2 TRANSFERMARKT also reserves the right to change the services offered on the TRANSFERMARKT websites or to offer different services,

(a) Insofar as TRANSFERMARKT is obliged to ensure that the services offered by TRANSFERMARKT comply with the law applicable to the services, in particular if the applicable legal situation changes;

(b) Insofar as TRANSFERMARKT thereby complies with a court judgment or an official decision directed against TRANSFERMARKT;

(d) If the change is merely beneficial to the user; or

(e) If the change is of a purely technical or procedural nature with no material impact on the user.

4.3 Changes with only an insignificant impact on the functions of TRANSFERMARKT do not constitute changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphical nature and mere changes in the arrangement of functions.

4.4 TRANSFERMARKT reserves the right to change these GTC at any time without giving reasons, unless this is unreasonable for the user. TRANSFERMARKT will notify the user of any changes to the GTC in a timely manner. If the user does not object to the application of the new GTC within six (6) weeks after notification, the amended GTC shall be deemed accepted by the user. In the notification, TRANSFERMARKT will inform the user of his right to object and the significance of the objection period.

4.5 TRANSFERMARKT also reserves the right to change the GTC,

(a) If the change is only advantageous for the user;

(b) If the change is purely technical or procedural, unless it has a significant impact on the user;

(c) If TRANSFERMARKT is obliged to bring the GTC into compliance with applicable law, in particular if the applicable legal situation changes;

(d) To the extent that TRANSFERMARKT thereby complies with a court judgment or an administrative decision against TRANSFERMARKT; or

(e) To the extent that TRANSFERMARKT introduces additional, entirely new services, services or service elements that require a service description in the GTC, unless the existing user relationship is adversely changed as a result.

TRANSFERMARKT will inform about such changes to the GTC, for example on the TRANSFERMARKT websites.

4.6 With regard to products that are booked individually and are not offered as part of a continuing obligation (e.g. the booking of advertising or the posting of an event), a separate contract is concluded for each booking, the additional conditions of which are displayed separately in each individual case before the booking, if applicable. The corresponding contractual terms and services may be changed for future bookings irrespective of the requirements for service changes stated here.

4.7 The User's right of termination under Section 7 shall remain unaffected by any changes to the services or GTCs under this provision.

5. Charges, billing, invoicing, terms of payment

General

5.1 The prices stated are all inclusive of the applicable statutory value added tax.

5.2 The remuneration for the respective contract period is to be paid in advance and is due for payment immediately after completion of the order and thereafter at the beginning of the next contract period.

5.3 TRANSFERMARKT may offer different payment methods (e.g. credit card, PayPal), but there is no claim that the user is always offered all payment methods. For payment processing via the respective financing partner or payment system provider, the terms and conditions of the respective provider apply exclusively.

5.4 The fees for the respective paid membership shall be due for payment immediately upon invoicing for the entire term.

5.5 If the user does not meet his payment obligations or if amounts paid are reversed or charged back, TRANSFERMARKT is entitled to block the user's access to the payment service, without prejudice to further claims. If the blocking is due to outstanding payment claims and the user settles them, the access will be unblocked again.

5.6 If the user is in default with the payment of the purchase price or an agreed partial payment, TRANSFERMARKT may charge the user a reminder fee of € 2.50 for each reminder. This does not apply if the reminder is a first reminder justifying default or if the user proves that a corresponding damage did not occur or is significantly lower than the flat rate for reminder costs.

5.7 The term of paid digital offers cannot be interrupted. Therefore, no reimbursement of costs for such interruptions can be considered.

5.8 TRANSFERMARKT reserves the right to reasonably increase the fee for the paid membership effective at the beginning of a new renewal period following either the minimum usage period or the current renewal period. There is a maximum of one price increase per calendar year. In this case TRANSFERMARKT will inform the user at least six (6) weeks before the end of the minimum usage period or the respective current extension period. If the user does not agree with this fee increase, he may object to it within three (3) weeks by letter, fax, or e-mail to premium@transfermarkt.com. The objection is equivalent to a termination of the contract. The objection corresponds to a termination of the respective paid membership by the user, so that the paid membership ends with the expiration of the existing minimum usage period or the current extension period.

6. Term, termination of the contract, sanctions, refund of prepaid fees

6.1 The user and TRANSFERMARKT may terminate the free membership at any time without giving reasons. In order to protect the user against unauthorized deletion of his user profile by third parties, TRANSFERMARKT may perform an identity check when terminating the membership, e.g. by requesting the user name and an e-mail address registered on the TRANSFERMARKT websites.

6.2 The respective paid membership shall initially run for twelve (12) months and shall thereafter be automatically extended by a further twelve (12) months in each case unless it is terminated beforehand with two (2) months' notice by letter, fax or e-mail to premium@transfermarkt.com. After termination of the paid membership by the user or TRANSFERMARKT, the user shall retain the free membership until its termination, but the additional and extended functions of the premium membership shall cease.

6.3 Even if there are special provisions regarding the term and termination, both parties have the right to extraordinarily terminate the contractual relationship at any time without notice if there is good cause. Good cause for extraordinary termination exists if the continuation of the contractual relationship until the expiry of the statutory notice period is unreasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties. Important reasons for TRANSFERMARKT are in particular the following events:

(a) Non-compliance with legal regulations by the user;

(b) False indication of player data, false indication of agent status of players and coaches;

(d) Violation by the user of his contractual obligations;

(e) The reputation of the services offered on the TRANSFERMARKT websites is significantly affected by the presence of the user (e.g., if after the registration of the user it turns out that the user has been legally convicted of an intentional criminal offense and other users are aware of this conviction);

(f) The user promotes associations or communities - or their methods or activities - that are under observation by security or youth protection authorities;

(g) The user harms one or more other users; or

(h) The user is a member of a sect or a religious community which is controversial in Germany.

6.4 In case of good cause according to section 7.4, TRANSFERMARKT may also impose the following sanctions on the user, irrespective of a termination according to section 7.4:

(a) Deletion of content posted by the user;

(b) Blocking of access to the service of TRANSFERMARKT websites or individual applications; or

6.5 The user's right to reimbursement of fees already paid in advance in case of termination is excluded, unless the user terminates due to an important reason for which TRANSFERMARKT is responsible. In the following cases, the user's right to a refund of fees already paid in advance is excluded in any case:

(a) TRANSFERMARKT terminates the contract for good cause; or

(b) TRANSFERMARKT blocks the user's access according to section 7.5.

7. Responsibility for user content, data and/or information, availability

7.1 TRANSFERMARKT accepts no responsibility for the content, data and/or information provided by users of TRANSFERMARKT websites, or for content on linked external websites. In particular, TRANSFERMARKT does not warrant that such content is true, serves a particular purpose or can serve such a purpose.

7.2 If the user notices any use of the TRANSFERMARKT websites (including the use of pseudonyms or deceptive identities) that is contrary to the law or to the terms of the contract, the user may report this.

7.3 With regard to data or content that is or was publicly available according to the GTC, TRANSFERMARKT's privacy policy or the user's settings and was stored by a third party, TRANSFERMARKT has no obligation to prevent such storage by the third party.

7.4 TRANSFERMARKT merely offers the user a platform and does not participate in the content of the communication between the users. This does not apply if TRANSFERMARKT moderates a group itself in individual cases. If users conclude contracts with each other via the TRANSFERMARKT websites, TRANSFERMARKT is not involved in this and therefore does not become a contractual partner. The users are solely responsible for the execution and fulfillment of the contracts concluded among themselves. TRANSFERMARKT shall not be liable for any breach of duty by the users arising from the contracts concluded between the users.

7.5 The user acknowledges that a one hundred percent availability of the TRANSFERMARKT websites cannot be technically realized. However, TRANSFERMARKT shall make every effort to keep the TRANSFERMARKT websites available as constantly as possible. In particular, maintenance, security or capacity issues, as well as events beyond the control of TRANSFERMARKT (such as disruptions of public communication networks, power outages, etc.), may lead to disruptions or temporary suspension of service on the TRANSFERMARKT websites.

8. Liability of TRANSFERMARKT

8.1 TRANSFERMARKT shall be liable without limitation for damages resulting from injury to life, body or health caused by a breach of duty by TRANSFERMARKT, a legal representative or vicarious agent of TRANSFERMARKT, as well as for damages caused by the absence of a quality guaranteed by TRANSFERMARKT or in case of fraudulent conduct by TRANSFERMARKT. Furthermore, TRANSFERMARKT shall be liable without limitation for damage caused intentionally or by gross negligence by TRANSFERMARKT or one of its legal representatives or vicarious agents.

8.2 In the event of a breach of material contractual obligations caused by slight negligence, TRANSFERMARKT's liability shall be limited to the amount of the foreseeable damage typical for the contract, except in the cases set forth in subsections 9.1 or 9.3. Essential contractual obligations are abstractly such obligations whose fulfillment makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties may regularly rely. Otherwise liability of TRANSFERMARKT is excluded.

8.3 Liability under the Product Liability Act remains unaffected.

9. Applicable Law, Place of Jurisdiction and Miscellaneous

9.1 TRANSFERMARKT may use subcontractors. TRANSFERMARKT remains responsible for the fulfillment of the obligations assumed by TRANSFERMARKT even if subcontractors are used.

9.2 TRANSFERMARKT is entitled to transfer rights and obligations in whole or in part to third parties.

9.3. TRANSFERMARKT may send declarations to the user by e-mail, fax or letter, unless otherwise provided for in the GTC. In addition, TRANSFERMARKT may submit declarations to the user by sending a message to the user's private TRANSFERMARKT mailbox, which is part of the user's TRANSFERMARKT membership.

9.4. TRANSFERMARKT does not participate in dispute resolution proceedings before a consumer arbitration board.

9.5. The place of performance is Hamburg.

9.6. The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is Hamburg.

9.7. German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law.