These are the General Terms and Conditions of Use (the “GTCs”) of the non-profit-organization Stiftung Judokalliance gUG (haftungsbeschränkt), Theresienstr. 56, 50931 Cologne (Köln), Germany, represented by its managing director Mr. Markus Schulten, registered with the commercial register of the AG Cologne (Köln) under No. HRB 79562 (“Judokalliance”) – a non-profit-organization with the objective of promoting Judo as a sport for all – for the use of the Websites www.judokalliance.com and www.myjudonetwork.com as well as of all our other Websites operated under the URLs “judokalliance” or “myjudonetwork“ with any respective country- or other URL-ending (together the ”Websites”).
By registering with us on the Websites you confirm that you have read and understood these GTCs and accept them as part of an agreement on the use of the Websites.
1. Subject Matter of the GTCs
1.1 The GTCs apply to all content, functions, and other services (together the “Services”) that Judokalliance makes available to you on the Websites.
1.2 Judokalliance reserves the right to amend these GTCs for the future and/or to supplement them. Judokalliance will give you due notice of such amendments. Such amendments will be considered approved by you if you do not object to the amendments or cancel the contract within one month of receiving notification of the amendment. In the event of an objection, your user account will be deleted and you may no longer make use of Judokalliance’s services.
2.1 You may use part of the Websites without registering and view all services that are enabled for non-registered use. If you wish to place any content on the Websites yourself and create your own judo profile, however, you must register with Judokalliance in advance by first selecting an individual “Judo-ID” via the Websites. In a second step you will then be able to register by opening a user account. Judokalliance offers distinctive and personalized Judo-IDs for all athletes, trainers, referees, fans, volunteers, etc. (together “Judoka“), which are administered and organized on the Websites.
2.2 The registration and further use of the Websites is and will remain free, provided that you register as a Judoka (individual person) or as a judo club. If you register as a judo association, sponsor, sporting goods manufacturer, retailer, etc. or register with a commercial purpose, you will have to pay a membership fee to Judokalliance (see Sec. 3.3). With your registration, you enter into a contract with Judokalliance for use of the Websites (the “User Agreement“).
2.3 When registering, you must enter your first and last name, in full and correctly, and a valid E-Mail-address. Further information is voluntary: gender, date of birth and all information in your judo profile (your judo club, your participation and rankings in judo competitions, all respective calendar and other dates, your judo grade and belt color). As a judo association, sponsor, sporting goods manufacturer, retailer with a commercial purpose, etc. you have to enter all information requested on registration in order to conclude a User Agreement.
2.4 If you register as a judo club, Judokalliance will open an individual online shop free of costs for the partner offers on www.mybacknumber.com and www.judoclubshop.com. The products offered in this “Club Shop” will always be discounted compared to the offers in the Partner’s normal online shop. It can be agreed upon separately that the sales made on this Club Shop shall entitle you as a club to receive kickbacks as agreed upon separately with the Partners. There may be product offers that are excluded from such kickbacks. The use of the Club Shops, their communication to club members and a possible integration into your club website shall be optional.
2.5 When selecting your Judo-ID you must choose a username and an additional password if you register with a judo profile. The Judo-ID (your username) must not consist of an E-mail or Internet address; not infringe the rights of third parties, particularly the rights of third parties to names or marks; not infringe common decency or be vulgar, racist, or offensive in any other way. In case of an infringement upon this provision Judokalliance shall be entitled to assign you a new Judo-ID.
2.6 You are responsible and liable for all activities that are engaged in with the use of your username and/or your Judo-ID. You must therefore keep your password secret and carefully safeguard access to your user account. If you have reason to believe that third parties are improperly using your user account, you must delete it and, if you wish, create a new one. You will not be liable if you have maintained your duties of due care.
2.7 You are not entitled to transfer your member account to a third party without the prior written consent of Judokalliance.
2.8 You must be at least 13 years of age to create your own user account on the Websites (this age limit may be higher in some countries). Creating a user account with false data represents an infringement of these GTCs. This includes creating user accounts on behalf of children under 13 years of age, unless the person registering is a parent or legal guardian of such child. On request by Judokalliance the age of the user or the respective legal guardianship must be evidenced in writing. Otherwise, §§ 106 ff. German Civil Code shall apply complementarily.
3. Services and Costs (for Judo associations and commercial users only)
3.1 Judokalliance reserves the right to discontinue individual services or parts of individual services at any time without advance notice.
4.1 You are responsible for all content such as, for example, texts, data, photos, or photo series (the “Content”) that you transmit to Judokalliance. This content is not inspected by Judokalliance before it is placed on the Websites or on one of the Websites and does not represent the opinion of Judokalliance. Judokalliance expressly dissociates itself from this content. Content in this sense refers not to Judokalliance’s own content, but to third-party content of users of Judokalliance. Judokalliance reserves the right to inspect Content in individual cases. You have no legal claim to publication of the transmitted Content.
4.2 Judokalliance is interested in the opinions of its users and provides them with a forum for these opinions. Judokalliance reserves the right to inspect opinions in individual cases. You have no legal claim to publication of the transmitted opinions.
4.3 It is your responsibility to ensure that the transmitted Content and/or opinion is lawful; that, above all, it does not violate the laws in force; and that it does not infringe the rights of third parties. In particular, you assume an obligation to Judokalliance to ensure that the transmitted content and/or opinion does not violate provisions of criminal law, copyright, competition law, youth protection law, trademark law or other industrial property rights, or the personality rights of third parties. In particular, it is forbidden to transmit content and/or opinion that:
4.3.1 is offensive, libelous, threatening, obscene, or harassing;
4.3.2 serves racist, National Socialist, or other illegal purposes;
4.3.3 represents propaganda for organizations that are hostile to the Constitution of the state;
4.3.4 glorifies and/or trivializes drugs;
4.3.5 glorifies and/or trivializes war or violence;
4.3.6 offends against common decency, good taste, or good manners;
4.3.7 is grossly offensive;
4.3.8 is of a pornographic or sexual nature;
4.3.9 is harmful to young people;
4.3.10 is extremist;
4.3.11 promotes a terrorist or extremist political organization;
4.3.12 calls for a criminal offence to be committed;
4.3.13 contains insulting statements;
4.3.14 is criminal or otherwise illegal or that links to illegal content; or
4.3.15 contains partisan or political propaganda.
4.4 The Content and/or opinion that you transmit must not contain any falsehoods about third parties and must not otherwise infringe the rights, particularly personality rights, of third parties.
4.5 By transmitting Content, you give your assurance that you hold the required rights of use for publication of this Content on the Internet. Furthermore, you guarantee and warrant that the Content you transmit is not subject to the rights of third parties.
4.6 In particular, you shall, before transmitting an image file, ensure that you have the rights to the use of the photo or file, including the right to make it publicly accessible over the Internet.
4.7 You are obligated to indemnify Judokalliance against all claims of third parties arising from infringement of their rights, particularly their copyrights, industrial property rights, and other proprietary rights, owing to the transmitted Content. You are, furthermore, obligated to promptly notify Judokalliance if it subsequently becomes known to you that you do not have the required rights of use for publication of this Content, or if it subsequently becomes known to you that this Content is not lawful. Judokalliance is entitled to disclose your personal data to third parties if, in the view of Judokalliance, there is reason to suspect that the Content transmitted by you has infringed the rights of third parties and third parties charge Judokalliance with the infringement of these rights.
4.8 By transmitting Content, you grant Judokalliance the irrevocable and transferable (as per Sec. 4.9 only) right, for an indefinite period and without limitation as to place, to reproduce, distribute, publish, display, make publicly accessible, alter, translate, and store the Content. This includes the right to edit or shape the Content, to adapt it to the file formats required for use, or to alter and/or improve its display quality. This permission for use shall continue past the term of this Agreement; i.e., in the event that the Agreement is terminated, we will not be obliged to delete Content that you have transmitted to Judokalliance. Your obligation to notify and to indemnify as per Sec. 4.7 remains unaffected by this. Your obligation of notification and indemnification to Judokalliance shall cease, however, if you have notified Judokalliance that you do not (or no longer) have the rights of use required for publication of the Content, or that the Content is, in your view, not (or no longer) lawful, and Judokalliance does not thereupon remove the Content from its website within a reasonable period. You are obligated to precisely describe (posting time and place, which forum, rumor mill, discussion group, etc.) to Judokalliance the Content that, in your view, is so affected, for only in this way is Judokalliance assured of being able to remove the Content from its webpage within a reasonable period.
4.9 Judokalliance may transfer the rights according to Sec. 4.8 to all judo clubs and associations registered on the Websites, like national organizations (national associations and federations), continental associations like the EJU and international organizations like the IJF), provided that said organizations shall transfer the rights exclusively to their subordinated regional associations without being entitled to transfer any right to another third party. The judo clubs and associations and their sublicensed regional associations must not use the rights for commercial purposes or transfer them to third parties without your prior consent. The rights shall serve exclusively for interconnecting all Judoka with associations and clubs in order to improve the communication between athlete and club/association. This applies to any organizational level in order to create a sustained communication system between association, club and athlete (including registration for and organization of judo competitions, member management and communication by judo clubs and Judoka).
4.10 In order to keep your judo profile up to date at all times the judo clubs you selected and all competent judo associations/ organizations shall be entitled to add to your profile any participations and results in competitions, judo examinations and results, etc., provided that such data is publicly known. You may deactivate this function on the Websites at all times.
5. Deletion, Warning and Blocking
If there are concrete reasons to believe that, when transmitting Content and/or using the services, you are in violation of statutory provisions, the rights of third parties, or these GTC, or if there is other good cause, Judokalliance may, without further notice or extension, delete all or some of the content that you have sent, limit your rights of use in forums or in other categories of use, give you a warning, or temporarily and permanently block your user account. In deciding whether to adopt such measures, Judokalliance shall consider your legitimate interests.
6. Liability of Judokalliance
6.1 Judokalliance expressly dissociates itself from the contents of all pages linked to Judokalliance and assumes no responsibility and liability for such contents. The providers of the pages in question are themselves responsible for such contents.
6.2 Judokalliance cannot guarantee the constant availability and functional capability of the Websites and services, although it strives to make the Websites as consistently available as possible. Judokalliance assumes no liability for service failures, data losses, and transmission errors. Judokalliance is also not liable for disruptions in the quality of access to its services. Judokalliance is entitled to discontinue operation of the Websites or individual services at any time and without advance notice. Judokalliance is exempt from liability for loss or consequential loss in these cases as well.
6.3 As per § 10 TMG (German Teleservices Act / Telemediengesetz), Judokalliance is liable for unlawful content that is maintained for use only if:
6.3.1 Judokalliance is aware of the unlawful content or knows of facts or circumstances from which it becomes obvious that the content is unlawful, and 6.3.2. Judokalliance did not promptly take action to remove the information or to block access to it as soon as Judokalliance became aware of it.
6.4 Judokalliance is otherwise liable only for losses from willful or grossly negligent conduct and for losses resulting from slightly negligent breaches of essential contractual duties. In the latter case, liability is limited to the typically predictable damage. These limitations of liability apply also to breaches of duties by Judokalliance’s legal representatives or vicarious agents. The aforementioned limitations of liability shall not apply to the extent that life, body or health are affected by the breach of duty.
6.5 Any other liability of Judokalliance is – as far as legally permissible – excluded.
7. Term of Contract / Termination
7.1 You are entitled to terminate at any time, with immediate effect, the Use Agreement without observing a period of notice and without stating a reason.
7.2 Both parties are entitled to terminate the Use Agreement based on good cause. Good cause for termination by Judokalliance will exist in particular if you, despite a warning, continue to violate essential provisions of these GTCs.
7.3 Termination by you is effected by filling out and submitting an electronic form that Judokalliance provides for this purpose on the Website: “Delete Profile” – after clicking on this link you will find on the right of the screen the option to delete your user account. Judokalliance will then promptly deactivate your user account. Termination by Judokalliance is effected by permanently blocking your user account.
8. Right of Revocation for Consumers (§ 13 BGB, German Civil Code)
8.1 Cancellation Policy for Consumers
If you have registered with Judokalliance for a purpose that can be attributed neither to a business activity nor to a self-employed professional activity nor to your function as judo association or club, sponsor, sporting goods manufacturer or retailer etc., i.e. you are not acting commercially and not an businessman in terms of § 14 German Civil Code, the following additional provisions will apply to you as a consumer under § 13 German Civil Code:
You may revoke your contractual agreement in writing within 14 days without indicating any reasons (e.g. letter, fax, E-mail). The period begins with the receipt of this instruction in text form. The revocation period is complied with if the revocation is sent within such period to:
Stiftung Judokalliance gUG (haftungsbeschränkt)
50931 Cologen (Köln), Germany
Telefax: +49 221 2711178
8.2 Consequences of Revocation
In the case of a valid revocation, what has been received in performance of the agreement by the parties must be restored and derived benefits (e.g. interests) must be returned. If you cannot fully or partially restore what you have received from Judokalliance full, or only have it in a deteriorated condition, including benefits (e.g. usage benefits), you are required to compensate for value.
8.3 Expiration of Revocation
Your right of revocation will, in accordance with § 312d Sec. 3 of the German Civil Code, expire even before the end of the two-week revocation period as per Sec. 8.1 if Judokalliance has, with your express consent, begun performance of those of its services for which you have registered, or if you yourself have brought about performance of services of Judokalliance for which you have registered (e.g. by placing Content on one or more of the websites).
End of Cancellation Policy
9. Data Protection
9.1 The security and protection of data is of special concern to Judokalliance. Judokalliance agrees to comply with the statutory provisions for data protection, particularly the German Federal Data Protection Act (Bundesdatenschutzgesetz / BDSG) and the German Teleservices Act (Telemediengesetz / TMG). Judokalliance uses special encryption techniques to protect your personal data.
10. Governing Law and Jurisdiction
10.1 The Agreement concluded under the application of these GTCs is subject to the substantive law of the Federal Republic of Germany. The application of the “United Nations Convention on Contracts for the International Sale of Goods” is excluded. If the Customer is not a Businessman (in terms of § 14 German Civil Code) but a Consumer (in terms of § 13 German Civil Code) and such a Customer’s domicile is not in Germany, the Agreement is subject to the substantive law of the state in which the Customer maintains his permanent residence.
10.2 Cologne (Köln), Germany is the place of jurisdiction for all disputes arising from this Agreement. If the Customer is not a Businessman (in terms of § 14 German Civil Code), but a Consumer (in terms of § 13 German Civil Code) and such a Customer’s domicile is not in Germany, the determination of the place of jurisdiction is subject to the statutory provisions of the state in which the Customer maintains his permanent residence.
10.3 Mandatory standards of that state, where the Customer maintains his permanent residence or his business seat at the conclusion of the agreement, regardless of if the Customer is a Businessman or a Consumer, remain unaffected by the aforementioned choice of law and palace of jurisdiction clauses.
11.1 If a provision in an agreement or a provision in these GTCs be or become ineffective, fully or partially, it does not affect the validity of the agreement or the GTCs. The parties to this Agreement will replace the invalid and / or ineffective provision by mutual agreement with another provision that most closely reflects the intended economic purpose of the ineffective provision. The same applies to any matter the parties failed to address in the agreement or these GTCs.
11.2 These GTCs are available continuously online under www.myjudonetwork.com