1.1. These General Terms and Conditions govern the contractual relationship between STAIDIUM US Inc., 8330 LBJ Freeway, Suite 465, 75243 Dallas, United States (hereinafter referred to as "STAIDIUM") and you in relation to the use of the (online) services offered and made available by STAIDIUM, in particular via the STAIDIUM.com website and STAIDIUM apps (hereinafter collectively referred to as "STAIDIUM") in connection with the provision of content, including broadcasting services (collectively referred to as "Services"). By accessing and using STAIDIUM.com and the Services, you agree to be bound by these Terms and Conditions.
1.2. A significant component of the services is the broadcasting of sports competitions. The services include, for example, live streams, as well as on-demand offerings of sports events both in full length and in the form of highlights, summaries, excerpts, compilations, etc. The availability and design of this and other content may vary over time. Information on the content currently covered by the services is available at STAIDIUM.com. The services can be provided free of charge or against payment of a fee. The presentation of the content and the submission of related offers may also
- subject to appropriate registration (see Section 2.1)
- take place in personalized form ("personalized services").
You also have the option of sharing hyperlinks to the videos of the games and highlights with your friends directly or via social media networks.
1.5. To use STAIDIUM.com and the Services, you must be 18 years of age or older.
2.1. The use of certain services, e.g. paid services (e.g. pay-per-view, subscriptions) and personalized services (e.g. watchlist, recommendations), requires registration for a STAIDIUM user account. Furthermore, these services can only be provided if you are registered. Registration requires at least the provision of your name, a valid e-mail address and a password of your choice. There is no entitlement to the creation of a STAIDIUM user account that entitles the user to log in (see also section 6 below).
2.2. You are obliged to fill in all the fields provided in the registration form truthfully and correctly. Registration is only possible if the mandatory fields are filled in completely. You can also register using your Facebook or Google login if the corresponding service has been activated by STAIDIUM.com
does not generally check the accuracy of the information you provide. STAIDIUM does, however, reserve the right to check the accuracy of the information in individual cases and, if necessary, to request corresponding evidence from you; this applies in particular to orders for paid services. In the event of a change in the collected data, you are obliged to immediately update the registration data in your user account or - if this is not possible - to immediately notify STAIDIUM of the changes by email to info@STAIDIUM.com.
2.3. Multiple registrations are prohibited. You are also obliged to keep your password secret and not to disclose it to third parties. If you become aware of facts that indicate that third parties have gained knowledge of your password or are using it, you are obliged to change your password immediately.
2.4. STAIDIUM is entitled to block user accounts in the event of false information provided during registration, in the event of password disclosure or in the event of double registration and to exclude you from using STADIUM.com or the services by way of extraordinary termination without notice.
2.5. Simultaneous use of the services with one user account on multiple end devices is not possible, unless otherwise specified in the service description of the respective service.
3.1. Subject to the following provisions, STAIDIUM grants you as a user a simple, revocable, non-assignable and non-sublicensable right to access STAIDIUM.com and the services and to use them as intended and exclusively for private use to the normal extent communicated and permitted in each case as part of the digital order.
3.2. STAIDIUM reserves the right to exclude you from using STAIDIUM.com or the Services, in whole or in part, if you breach any of the obligations assumed hereunder:
3.2.1. You may not modify, disassemble, decompile, reverse engineer, or copy, record or store (except as permitted by us in the Application Feature) in whole or in part, redirect, or otherwise distribute any part of STAIDIUM.com or the Services to any other person, nor permit or enable any other person to do so.
3.2.2. Access to the Services is permitted exclusively via STAIDIUM.com or third-party platforms on which services from STAIDIUM are lawfully integrated. You are prohibited from using technologies or means other than those provided or permitted by STAIDIUM to use the services.
3.2.3. You may not circumvent, disable or otherwise interfere with any security-related feature of STAIDIUM.com, the Services or any such feature that prevents or restricts the use or copying of STAIDIUM.com or the Services.
3.2.4. You may use STAIDIUM.com and the Services solely for private, non-commercial purposes. Public reproduction or commercial use is prohibited. Hyperlinks to the videos of the matches and to highlights can be shared with your friends directly or via social media platforms.
3.2.5. In particular, you are prohibited from redistributing the content - especially live games and other paid content - of STAIDIUM.com and other services via streaming sites such as "Twitch". Furthermore, the following actions are not permitted:
- The reproduction of streaming content, its distribution, modification, public performance, licensing, sale or any other commercial use,
- the change of the copy protection of the streaming service,
- the evaluation of the streaming content, in particular the electronic evaluation of running routes, ball contacts, goals, corner kicks, etc.,
- the storage of streaming content, unless it is offline or has been otherwise permitted in individual cases, and
- the electronic editing or other modification of streaming content.
3.2.6. If STAIDIUM uses measures for legal or technical reasons to ensure that STAIDIUM.com or the Services are only available in Certain Regions (e.g., geolocation based on the IP address of the Internet connection used), you may not circumvent or interfere with such measures.
3.2.7. You may not use any automated systems, such as, but not limited to, robots, spiders or offline readers, for the purpose of accessing STAIDIUM.com or the Services, such that more requests are made to the Platform's servers than a natural person could reasonably produce within the same time period using a regular standard web browser.
3.3. STAIDIUM.com and the services do not represent a static offer, but are continuously developed and adapted. As a result, new functions may be introduced or existing functions may be removed at any time without STAIDIUM having to notify you in advance.
3.4. There is no claim to constant availability or a certain quality of the free services offered via STAIDIUM.com. STAIDIUM may also discontinue individual services or parts of individual services at its own discretion (temporarily or permanently) without notifying you in advance. In the case of paid services, the latter first requires termination of the respective contract for the service to be provided against payment.
3.5. The services on STAIDIUM.com can be offered both free of charge and against payment.
3.5.2. Paid services are marked as such. For the use of paid services, a separate order is required. After the conclusion of the respective individual contract for a paid service (see section 6) STAIDIUM provides you with the respective content for a limited time, encoded and encrypted for streaming, live streaming. "Streaming" in the sense of these GTC means the simultaneous and unchanged use with the transmission, in which no permanent copy is created on the end device of the user. In the case of "live streaming", an event is transmitted by way of streaming in real time or near real time (slight time delays are possible).
3.7. You are personally responsible in the relationship with STAIDIUM as well as against third parties for the violation of obligations resulting from the debt relationship established. In the event of misuse of the streaming offer, STAIDIUM is entitled to terminate the existing subscription with you extraordinarily and without notice. In this case, STAIDIUM expressly reserves the right to further legal claims, in particular for damages. with the acceptance of these General Terms and Conditions, e.g. also if third parties use your user account without authorization.
3.8. STAIDIUM is entitled to offer other products and services through the platform, which are published by third parties in connection with the respective offer of their own products and services. In this case, STAIDIUM does not act as a provider, but merely advertise these offers. If you wish to purchase a membership for these offers, you must do so directly on the website of the provider in question. STAIDIUM is not liable for the content of such third-party providers.
The following special conditions apply to the use of paid services for temporary use:
In the case of individual retrieval of content (pay per view), STAIDIUM grants you - depending on the service description in the individual case - the time-limited right of use to view the content on an end device (a) in streaming and/or (b) as a live stream:
In the case of individual retrieval by way of streaming on demand, you are entitled to retrieve the corresponding content for playback from STAIDIUM.com servers as often as you wish within 30 days of conclusion of the contract without storage (apart from temporary caching, if applicable) on a terminal device.
In the case of individual retrieval by way of live streaming, you are entitled to retrieve the booked content after conclusion of the contract by way of real-time transmission from STAIDIUM.com servers and to play it back simultaneously on a terminal device. A time-delayed playback or a later retrieval is possible for a limited period of time, provided that STAIDIUM subsequently makes the live stream or parts of the live stream available within the scope of the streaming offer for a further period of time ("catch-up period"), which varies depending on the content.
When concluding a subscription, you can access the content contained in the respective package as often as you wish by way of streaming during the respective usage period of the subscription. Within the framework of a subscription package described abstractly according to the type of content, you have no claim to a specific content, unless STAIDIUM has specifically promised you a specific content.
4.2. With the retrieval of a pay-per-view content and or with the provision of subscribed content, STAIDIUM begins with the execution of the contract before the expiration of the revocation period. You agree to this and confirm your knowledge that by this consent you lose your right of withdrawal with the start of the execution of the contract.
4.3. The current overview of prices and services can be viewed at www.STAIDIUM.com. STAIDIUM reserves the right to change the portfolio, the respective price and service description and the realization of the technical retrieval (eg by updating the content inventory), if valid reasons require it, you are not objectively significantly worse off by the change and the change is reasonable for you. Valid reasons include, for example, changes in performance by licensors or contractual partners of STAIDIUM, as well as the adaptation of services to technical innovations.
5.1. In order to use regionalligawest.STAIDIUM.com or STAIDIUM.com and the Services, you must have suitable hardware, online technology, and streaming software (e.g., Flash player or smartphone for use of the Apps) and access electronic services and media, particularly the Internet, at your own expense and risk. You must adapt this hardware and online technology to the changing technical standards on the Internet and of regionalligawest.STAIDIUM.com, STAIDIUM.com or the services at your own expense.
5.2. The quality of the services may vary from computer to computer and from device to device and may be subject to various factors, such as your location, the available bandwidth and/or the speed of your internet connection. STAIDIUM recommends a data transfer rate of at least 20 Mbits/s and a flat rate tariff for the use of the services. Bandwidths below this recommendation allow the use of the services only with significant quality losses. Depending on the internet connection used, and depending on the provider and tariff, especially in the case of time or volume tariffs, considerable additional costs may arise when using the service, which must be borne by you.
5.3. STAIDIUM assumes no liability for the display quality of the streaming content, as this is not part of the streaming offer. You are solely responsible for ensuring that you have all hardware and software that is technically required to access the streaming offer.
6.1. The option to register for a user account and to purchase services subject to registration and payment are not offers, but only invitations to make an offer. By completing the registration process or by ordering services requiring registration and/or payment, you make an offer to conclude a contract for the use of the relevant service. Any service descriptions and price information are considered part of this offer and, if an individual contract for the use of the respective service is concluded, become part of the contract. STAIDIUM accepts the offer by providing the respective service implicitly or by explicit declaration (e.g. registration confirmation). Only upon acceptance by STAIDIUM, a contract for the use of the respective service is concluded.
6.2. STAIDIUM reserves the right to make the provision or use of chargeable services dependent on you confirming your e-mail address used for ordering the respective service via a confirmation link sent by e-mail.
6.3. STAIDIUM also reserves the right to reject your offer to conclude a contract for the use of a paid service in individual cases where there is a legitimate interest (e.g. insufficient proof of age).
6.4. The contract text is not stored separately by STAIDIUM. The content of the contract results from the details of the order (including the description of services applicable at the time of order and, if applicable, price information), these General Terms and Conditions and, if applicable, special conditions.
Certain services offered via regionalligawest.STAIDIUM.com or STAIDIUM.com that are only suitable or released for certain age groups may be offered with broadcast time restrictions, blocked or their provision may be made dependent on proof of age. You will be informed about the necessity of age verification before completing the registration process or before ordering specific services.
If you have consented to receive a newsletter with current information on regionalligawest.STAIDIUM.com or STAIDIUM.com or if another legal basis exists, STAIDIUM will add the e-mail address on which the user account is based to the newsletter list. There is no entitlement to this service. You can object to the sending of the newsletter at any time by e-mail or by clicking on an unsubscribe link in the newsletter.
The platform and services provided to you as a user are protected by copyright or otherwise. As a user, you hereby expressly recognize the rights protected under copyright law and / or other rights (eg trademark rights) of STAIDIUM and third parties and undertake not to infringe them.
10.1. The prices for paid services at regionalligawest.STAIDIUM.com and STAIDIUM.com are shown in the relevant order processes or in the description of prices and services. All prices include the applicable statutory value-added tax.
10.2. The fee for chargeable services is due immediately upon provision of the service. For subscriptions, payments are due monthly at the beginning of each billing month. The first billing month begins on the day the contract is concluded and ends on the day before the same day of the following calendar month.
10.3. Payments can be made by all payment methods specified during the ordering process and accepted by STAIDIUM. By agreeing to direct debit, you authorize STAIDIUM to collect any fees incurred via the account specified by you. If you choose an external payment system provider, the terms and conditions of the respective payment system provider apply exclusively to the payment processing.
10.4. In the event of default, the statutory provisions apply. STAIDIUM has the right in the event of default to block you from further use of STAIDIUM. Such a block does not release you from the obligation to pay the accrued fees. Even in the case of blocking due to significant breaches of duty, in particular against section 3 or in the case of a lack of proof of age for which you are responsible in accordance with section 7, the obligation to pay as well as the assertion of further claims due to delay in payment continue to exist.
11.1. STAIDIUM strives to achieve a high level of availability and reliability. However, due to technical malfunctions, maintenance work, unusually high usage by users or other influences, system failures may occur that affect the availability of the platform and services. STAIDIUM takes reasonable efforts and care to ensure that the services are available to you at all times. Furthermore, STAIDIUM does not guarantee the availability and performance of the platform and the services and excludes - to the extent permitted by law and subject to section 14 - statutory warranties.
11.2. STAIDIUM strives, but is not legally obligated, to provide you with the best possible experience with a design of the platform or services found good in each case. All information and representations provided on the platform are for informational purposes only. STAIDIUM makes every effort to ensure the accuracy of the information, but does not guarantee it. STAIDIUM also does not guarantee that regionalligawest.STAIDIUM.com or STAIDIUM.com or the Services will meet your or other users' requirements and will be available at all times without interruption, in a timely manner, securely and without error, and that any errors in regionalligawest.STAIDIUM.com or STAIDIUM.com or the Services and/or the hardware or software used for this purpose will be corrected.
11.3. regionalligawest.STAIDIUM.com or STAIDIUM.com is also not obligated and excludes any warranty that certain sports competitions (e.g., certain soccer matches) or highlights of certain sports competitions will be available at all, at a certain time or without interruptions as part of the services. Please inform yourself about the platform regarding the respective competitions covered by the services, the availability of the services in terms of time (e.g. start of a live stream or duration of on-demand offers) and the possible cancellation of a competition (e.g. due to bad weather).
12.1. You may terminate the contract concerning your user account at any time without notice. Deviating from this, user accounts with ongoing contracts for paid services (subscriptions) can only be terminated after/with the termination of the respective user contracts. The termination can be made in writing, also by e-mail, stating the user name (e-mail address used).
12.2. Contracts for paid services in the form of pay per view or live streaming end automatically at the end of the time-limited provision or end of the live stream, without the need for termination. Contracts for paid services in the form of subscriptions shall have the term and extension period specified in the respective service description, unless they are terminated before the end of the minimum term or an extension period.
12.3. STAIDIUM is entitled to terminate this streaming contract with six weeks' notice to the end of the respective month. The right to extraordinary termination remains unaffected. If there is an advance payment balance in your favor at the time of termination due to the selected billing period, this will be refunded to you immediately after termination of the contract.
12.4. The right of both parties to terminate for cause remains unaffected. An important reason for STAIDIUM exists in particular if you violate the provisions of these General Terms and Conditions, the relevant Special Terms and Conditions, statutory provisions or the rights of third parties and do not remedy these violations despite prior warning and setting of a deadline and, if applicable, blocking of your user account.
13.1. Right of withdrawal
If you are a consumer and conclude a contract for chargeable services, the following applies:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (STAIDIUM.com GmbH, Am Coloneum 2, 50829 Cologne, Tel.: 0221-78877-0, e-mail: info@STAIDIUM.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.
13.2. Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
13.3. Expiry of the right of withdrawal
Your right of revocation expires in the case of a contract for the delivery of digital content not on a physical data carrier before the expiration of the revocation period specified in section 13.1, if STAIDIUM has begun with the execution of the contract, provided that you have expressly agreed that we begin with the execution of the contract before the expiration of the revocation period and you have confirmed your knowledge that you lose your right of revocation by your consent with the beginning of the execution of the contract.
14.1. STAIDIUM is liable in case of intent or gross negligence, as well as in the absence of a guaranteed feature for all damages resulting therefrom without limitation. In case of slight negligence STAIDIUM is liable without limitation in case of injury to life, body or health. If STAIDIUM is in default with its performance due to slight negligence, if STAIDIUM's performance has become impossible or if STAIDIUM has violated an essential contractual obligation, STAIDIUM's liability for material and financial damages resulting therefrom shall be limited to the foreseeable damage typical for the contract. Essential contractual obligation in this sense is an obligation, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. For all other damages, the liability of STAIDIUM is excluded.
14.2. Liability under the Product Liability Act remains unaffected.
14.3. The above limitations of liability also apply to companies affiliated with STAIDIUM as well as to personal liability of employees, representatives, shareholders and vicarious agents of STAIDIUM and/or companies affiliated with STAIDIUM, if you assert claims directly against them.
Neither STAIDIUM nor third party rights holders shall be liable for the delayed provision, the only partial provision or the non-provision of the services, insofar as such delay or non-provision is beyond STAIDIUM's control (e.g. match cancellations), is due to force majeure (e.g. labor disputes, riots, war or terrorist conflicts or epidemics / pandemics) or the third party rights holder, including but not limited to the failure of electronic or mechanical equipment or communication channels, computer viruses, extreme weather conditions, natural phenomena, government orders, pandemics, war or riots.
17.1. The contractual relationship between STAIDIUM and you is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. Mandatory provisions of the country in which you have your habitual residence remain unaffected.
17.2. By concluding the subscription, you give STAIDIUM permission to collect information about the frequency of accessed content anonymously in order to measure the acceptance of our streaming offer.
17.4. Should individual provisions of this agreement be invalid or unenforceable or become so at a later date, this shall not affect the validity of the remaining agreement. In this case, the contracting parties undertake already now to agree on a replacement of the provision which comes closest to the economic purpose of the invalid or unenforceable provision. The same applies to a gap in the contract.
17.5. The European Commission provides a platform for online dispute resolution at the Internet address http://ec.europa.eu/consumers/odr. However, STAIDIUM is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.