General Terms and Conditions of Use of the Website www.vfb.de
(including supplementary regulations for the VfB Forum), as of 7 July 2017
1.1 These terms and conditions of use apply to the VfB Stuttgart 1893 AG (“VfB”) website www.vfb.de and to the services offered on the www.mercedes-benz-arena.de website, unless special terms and conditions apply to particular services in individual cases.
1.2 In addition to numerous freely accessible information services for which registration is not required, the website www.vfb.de also offers free (e.g. VfB Forum) and chargeable (e.g. vfbtv) services which you (hereinafter: user) can only use after prior registration.
1.3 Insofar as the website www.vfb.de contains links to services offered by third parties, these third parties alone are responsible for the content, design and implementation of these services.
- Communication Data
The communication data of VfB Stuttgart are: VfB Stuttgart 1893 AG, Mercedesstraße 109, D-70372 Stuttgart (Bad Cannstatt), Tel.: +49 (0) 711 99 33 1893, Fax: 0711-55007 196, E-mail: firstname.lastname@example.org.
- Registration / Deregistration
4.1 If the use of certain services requires prior registration, the user will be informed of this separately.
4.2 Registration is carried out as follows:
4.2.1 The user must truthfully provide VfB Stuttgart with his/her personal e-mail address, first and last name, date of birth, form of address and contact details (residential address). Furthermore, the user shall select a password which, in addition to the e-mail address provided by him, will be used in future to log in (login) to the services requiring registration and to maintain his contact details.
4.2.2 The data can be retrieved, updated or changed at any time when logged in under "My data". The user undertakes to provide the correct and complete data requested during registration, which must be kept up to date by the user in the event of a change.
4.2.3 After pressing the button ("Register") provided at the end of the registration form, an e-mail is automatically sent to the e-mail address provided by the user. This e-mail contains a link which, when clicked, activates the registration process for the online offer on www.vfb.de.
4.3 Deregistration from the registration
4.3.1 The user can cancel the registration by sending a corresponding message to the e-mail address email@example.com or to the communication data specified in section 2. It is pointed out that deregistration merely has the effect of deleting or blocking the user's access data. A user name stored by the user in his profile (so-called nickname) can be reassigned by VfB Stuttgart to third parties after deregistration.
4.3.2 It is pointed out that deregistration from the registration also means that, for example, offers for which the user has paid (e.g. vfbtv) are no longer accessible or only accessible to a limited extent. If, in addition to deregistration from the registration, the user wishes to contractually terminate such offers booked by him, an additional express termination is required in accordance with the relevant special terms and conditions for the respective service offer. Until such termination takes effect, all contractual obligations of the user arising from or in connection with such service offerings shall continue to exist.
5 Applicable Law, Place of Jurisdiction
5.2 If the user is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, if he has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from and in connection with the usage relationship is the registered office of VfB Stuttgart. However, VfB Stuttgart reserves the right to bring an action against the user at the user's general place of jurisdiction.
7 Liability, Claims for Damages and Other Claims
7.1 VfB Stuttgart excludes any liability for the proper functioning of the website and/or individual services. In particular, VfB Stuttgart does not guarantee permanent availability of the website and/or individual services.
7.2 Claims for damages against VfB Stuttgart are excluded, irrespective of the legal grounds, unless the club, its representatives or vicarious agents have acted with intent or gross negligence
7.3 VfB Stuttgart, its representatives or its vicarious agents shall be liable beyond section 7.2 in the event of ordinary negligence for claims for damages arising from the breach of obligations that are essential for achieving the purpose of use, as well as for damages arising from injury to life, body or health.
7.4 Insofar as VfB Stuttgart is liable on the merits, the claim for damages is limited to the foreseeable damage, unless the event causing the damage was caused by VfB Stuttgart, its representatives or vicarious agents through gross negligence or with intent, or if life, body or health were injured.
8 Supplementary Regulations for “VfB-Forum”
8.1 The threads exclusively offer private users information about VfB Stuttgart after registration. At the same time, private users can post contributions in the threads. The use of the threads for business or commercial purposes is not permitted. Use of the forum services, including use of the VfB threads, is currently free of charge. Children and young people may only use the services of the VfB Forum if their legal representatives agree.
8.2 Third-party content: The content posted by users in the VfB Forum, including any links to other websites, is not content of VfB Stuttgart, but is solely attributable to the user posting the content. Contributions reflect exclusively the opinion of the respective author and not the opinion of VfB Stuttgart on any subject.
8.3 In order to be able to make full use of the forum service, a user name must be selected as a so-called "nickname" - if this has not already been done in the course of the initial registration [registration form "Nickname"; in the case of initial registration without a nickname, this can be done later under "My data" when logged in]. The choice of user name must not infringe the rights (in particular the rights to a name) of third parties. The user name may be displayed visibly to third parties when visiting the threads - in particular if the user posts his or her own thread contributions.
8.4 The following threads are currently maintained by VfB Stuttgart [as at: 01.04.2012], whereby the user has no claim to the operation of the threads, specific thread parts or admission to the threads:
(1) VfB Profis [Topic: Everything that directly concerns the professional team, but only the purely sporting aspects];
(2) VfB 2nd and Youth Teams [Topic: Everything about VfB 2nd team and the youth teams]; '
(3) Football in general [Topic: Bundesliga topics, international football, national team, etc.];
(4) Cannstatter Kurve [Topic: Forum for fan issues, atmosphere discussions, choreos etc.];
(5) Administration [Topic: Everything that concerns the club but not directly the teams, e.g. stadium, member concerns, management etc.].
(6) Tickets [Topic: Exchange, purchase and sale of VfB tickets in compliance with the ATGBs and questions about tickets].
(7) Problems/Help/Suggestions [Forum for questions/suggestions concerning technology].
(8) Off-Topic [Collective forum for everything that has no place in other forums.
8.5 Obligations of the forum user / contents of contributions
8.5.1 Every user is prohibited from violating legal provisions when using the forum, including the VfB threads, e.g. criminal law provisions (e.g. insult, defamation, incitement to crime, incitement to incitement to hatred and others), protection of minors, copyright, trademark law, press law, etc. In particular, every user is prohibited from using the forum in a way that violates the law. In particular, every user is prohibited from disseminating racist, neo-Nazi, violence- or drug-glorifying, pornographic, obscene, immoral, insulting, defamatory or threatening statements.
8.5.2 Private addresses and telephone numbers are not to be mentioned in the threads.
8.5.3 It is not permitted to offer tickets to VfB matches at a price other than the original price printed on the ticket.
8.5.4 Contributions to discussions must be fair and factual.
8.5.5 In order to ensure the smooth running of the forum, contributions may only be posted in German and English in the threads.