TERMS OF SERVICE

1. Preamble

HOCKEY MATCH, owner: Lukas Jaunegg, co-founder: Tobias Fender, with its registered office in Brunnholzstraße 26a, 6068 Mils, Austria, (hereinafter referred to as "HOCKEY MATCH"), offers a platform through which ice hockey players, coaches, staff members and teams can find each other (hereinafter referred to as the "PLATFORM"). HOCKEY MATCH intends to offer the PLATFORM to private users but also users who use the PLATFORM for business purposes (hereinafter referred to as "USER").

For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are equally addressed.

The PLATFORM is operated without the intention of making a profit.

2. Scope of application

This TERMS OF USE defines and regulates the procurement, use and exploitation of the PLATFORM as well as the related business and administrative activities if the USER uses the PLATFORM for free. If, however, the USER whishes to use the PLATFORM in a paid version the specific Terms and Conditions shall apply.

If the USER wishes to obtain paid services (agency services) from HOCKEY MATCH, a separate agency contract must be concluded with HOCKEY MATCH. Attention is drawn to the possibility of a free initial consultation.

3. Conditions of Use

Player agents are expressly not permitted to register on the PLATFORM.

The USER is obliged to provide genuine, comprehensive, and accurate information in the context of the business relationship and to always keep the specific information up to date. The USER has to keep all data confidential (this applies, especially to log-in data and passwords). If the USER has suspicion of a misuse by third parties, he has to immediately notify HOCKEY MATCH thereof.

The USER has to refrain from all activities which could compromise or impair the technical operability of the PLATFORM (including cyber-attacks). Such behavior will be prosecuted legally.

The USER has to take appropriate precautions to protect the PLATFORM from unauthorized access by third parties.

The USER is responsible for setting up the necessary infrastructure in order to guarantee the intended operation of the PLATFORM. HOCKEY MATCH is not obliged to provide any further information or advice in this respect.

Only players or teams and their representatives are allowed to use the PLATTFORM. The PLATFORM however, is not designed and provided for agents.

4. Code of Conduct

The USER undertakes not to upload any content to the PLATFORM which, due to its content or its form or design or in any other way, violates applicable law or morality. In particular, the USER undertakes to adhere to applicable law (e.g. criminal law, competition law and law for the protection of minors) when uploading content and not to violate any third-party rights (e.g. rights to a name, trademark, copyright, image and data protection rights) or confidentiality obligations.

In particular, but not exclusively, the USER is not permitted to publish or support content which contains

  • racism
  • glorification of violence and extremism of any kind
  • incitement and instigation to commit criminal offences and violations of the law, threats against life, limb or property
  • incitement against persons or companies
  • statements violating personal rights, slander, defamation and defamation of character to the detriment of users and third parties
  • violations of the law of fair dealing
  • content infringing copyright or infringing other intellectual property rights
  • sexual harassment of users and third parties
  • pornography
  • offensive, sexist, obscene, vulgar, vile or disgusting material or language
  • constitute, concern or include pornography

It is also a violation of personal rights and therefore not allowed to remove the anonymity of other users or to disclose information of other users from private messages, e-mails or chats which are not intended for the public. USERS may not include in their postings or otherwise disclose any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.

Scraping (web scraping, crawling) of information published in the PLATFORM is prohibited and requires the express consent of HOCKEY MATCH.

Disclosed data must only be used for the purpose of the PLATTFORM

It is strictly forbidden to steal or disclose data from players/coaches etc. and clubs and to use it outside the PLATFORM. In particular, it is not permitted for a third person (player or agent) to benefit from or receive money for a free transfer that has taken place or been initiated via the PLATFORM.

5. Copyright

HOCKEY MATCH allows the USER to use the PLATFORM non-exclusively, and limited in time, content, and location for the purpose of finding a matching player or team. The exclusive right to use and exploit the PLATFORM remains with HOCKEY MATCH in any case.

The USER is permitted to use the PLATFORM exclusively for the purposes for which it is intended by HOCKEY MATCH.

Sub-licensing or further licensing is only allowed with HOCKEY MATCH's explicit consent. A resale of the PLATFORM also requires an explicit consent of HOCKEY MATCH.

The right to decompile the PLATFORM is excluded.

Markings of the PLATFORM, especially copyright notices, trademarks, serial numbers or similar may not be removed, changed or made unrecognizable.

6. Right to publish content

HOCKEY MATCH is entitled to publish the content on the PLATFORM on an anonymous basis, provided that this publication does not conflict with any legitimate interests.

The USER grants HOCKEY MATCH an irrevocable, non-exclusive, royalty-free right to use the posted content, which is unlimited in terms of space, time and content, and which is transferable to third parties. HOCKEY MATCH is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The USER waives the right to the copyright designation.

HOCKEY MATCH will no publish contents, if legitimate interests of the USER are injured.

7. Audit Clause

HOCKEY MATCH has the authority to verify the license compliant usage of the PLATFORM. Irrespective of this, HOCKEY MATCH may demand a proof from the USER, stating that the PLATFORM is used in conformity with the granted purposes. Any inquiries in connection with the usage of the PLATFORM have to be answered correctly and truthfully.

HOCKEY MATCH is entitled to verify the compliant use of the PLATFORM by the USER at any time after period of at least 14 days notice and on site (license audit). HOCKEY MATCH may engage the assistance of an auditor or lawyer bound to confidentiality. HOCKEY MATCH shall respect business and trade secrets as well as data protection interests of the USER as good as possible. The license audit shall be carried out during regular business hours under protection of the operational activities of the USER. The costs incurred in this connection shall be borne by each party. The USER is obliged to provide HOCKEY MATCH with the information required for these purposes and to cooperate with HOCKEY MATCH in the course of the license audit. Otherwise HOCKEY MATCH is entitled to withhold its services without any prejudice to any further legal claims.

8. Limitations of the commitments

Since no payable version is owed, HOCKEY MATCH is under no obligation whatsoever to provide the PLATFORM. HOCKEY MATCHreserves the right to discontinue the PLATFORM without notice. The release of the source code, user manuals or support is expressly not owed.

HOCKEY MATCH is allowed to change and delete provided data as long as no legitimate interests of the USERS are violated.

9. Requests for Modifications

The USER is entitled to suggest modifications to the PLATFORM. HOCKEY MATCH is not obliged to comply with these modification requests.

10. Liability for Compensation and Warranty

Since no payable version is owed, all warranty and liability claims against HOCKEY MATCH are excluded in their entirety. This does not apply in case of intentional damage.

11. Obligation to indemnify and to hold harmless

In case HOCKEY MATCH is charged by a third party due to the illegal use of the PLATFORM by the USER, the USER is obliged to indemnify and hold HOCKEY MATCH harmless.

12. Changes to the TERMS OF USE

HOCKEY MATCH is authorized to modify this TERMS OF USE at any time. HOCKEY MATCH shall inform the USER about such modifications by sending the modified TERMS OF USE to the latest contact data communicated by the USER. The USER has the right to object to the modifications. If the USER does not object within 14 days after the notification about the modifications, an implicit consent to the modified TERMS OF USE is to be assumed.

13. Data Protection, and Protection of Business and Trade secrets

The disclosure of data and information to a particular business partners is allowed to the extent necessary for the fulfillment of the contractual obligations and for legitimate interests only (see Art 6 (1) lit b and lit f GDPR).

HOCKEY MATCH draws attention to the fact that data of the USER may be processed for advertising purposes based on legitimate interests (Art 6 para 1 lit f GDPR). The USER may object to this form of data processing at any time (Art 21 para 2 GDPR).

14. Blocking of the PLATFORM Access

If HOCKEY MATCH has reasonable grounds to suspect that the USER is using the PLATFORM in an illegal or inappropriate way, HOCKEY MATCH is authorized to block the access to the PLATFORM immediately and without prior notice. The possibility of further legal actions remains unaffected by such blocking.

HOCKEY MATCH may ban the USER from the PLATFORM

15. Place of Jurisdiction and applicable Law

This contractual relationship is based on Austrian law and Austrian Law shall be applicable. However, this choice of law may not result in the USER being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 (2) Rome I Regulation). The applicable of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded.

The exclusive place of jurisdiction is the relevant court in Innsbruck, Austria. If the USER is a private customer and has his domicile or habitual residence in Austria or is employed in Austria, the USER may be sued only before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.

Place of performance is the registered office of HOCKEY MATCH.

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show) and national consumer arbitration boards. HOCKEY MATCH is not willing to participate in a dispute resolution procedure before a consumer arbitration board.

16. Miscellaneous

If any provisions of this TERMS OF USE are found to be inapplicable or invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intentions of both contracting parties as reflected in the current TERMS OF USE.

Amendments of these TERMS OF USE as well as extensions and modifications to these TERMS OF USE are only valid if they are agreed and signed in written form.

HOCKEY MATCH advises the USER to store this TERMS OF USE permanently.