Terms of Use
of the HBL-Player



Handball-Bundesliga GmbH offers an online video service on this website (hereinafter " HBL- Player"). The online video service makes available different moving image contents about and in connection with our competitions (e.g. moving image material of handball matches, interviews of players, press conferences, etc.) (hereinafter: "Contents"). Depending on the Content provided, the use of the HBL-Player Content is possible (i) free of charge without subscription/registration (ii) after (free) registration or (iii) after booking a paid subscription. Non-registered and registered users of the website as well as users who are registered for a paid subscription are hereinafter collectively referred to as "Users".


Users may, depending on their provision, stream the HBL-Player Content via the Internet to certain compatible and registered TV sets, computers, and other devices with Internet connection ("HBL-Player-Devices").


Please read the following terms of use ("Terms"), which apply to every User, carefully.


Clause 1
Scope of application

  1. The following terms and conditions apply to the use of the HBL-Player.

  2. Unless otherwise agreed, by using the website you agree to these terms and conditions of use and assure us not to breach any provision of these terms and conditions of use.

  3. The use of the generic masculine in these terms of use refers to all genders (m/f/d) and is only for better readability.


Clause 2
Contents of the HBL-Player

  1. The HBL-Player offers you different Content depending on your user status (free of charge without registration, free registration, or paid subscription). Except for live matches, which are only available in English or without commentary, we will provide the Content in German. The Content provided in German language may contain partly subtitle it in English.

  2. Users are aware that access to certain Content is restricted due to legal constraints or the rights ownership in certain countries.

  3. Registered Users and Users with a paid subscription have the option of being notified about available Content and about our events and competitions.


Clause 3
Access to the HBL-Player

  1. To use the HBL-Player, you must have an Internet connection and an HBL-Player-Device.

  2. You can access certain Content from the HBL-Player free of charge without registering.

  3. After you have completed the registering free of charge, you will be given access to additional Content. For the registration we provide you with a central registration service in the form of a single sign-on solution. With the single sign-on we enable you, after a one- time registration and authentication, to access further services provided by us outside the HBL-Player and thus save you separate logins to the relavant services. The registration

    process requires you to provide the necessary information (such as your surname, first name, email address) and, if you wish, your favourite handball-club, as well as to create a password and possibly verify the information you have provided as part of our security processes. In the event of any change to your details (in particularly your email address), you should notify us immediately of any changes by updating this information on our website under "My Account". All communications from us will be made by email to your last registered email address. We will not be responsible if you do not receive messages sent by us unless we are at fault for any failure in the transmission of the message.

  4. After you have completed the booking for a paid subscription, you will receive access to the paid Content of the HBL-Player, in particular live Content, after registration. Please note that the paid subscription is only available in limited territories (Clause 2.2).

  5. The User account applies exclusively to you personally and may not be shared with or made accessible to other persons.

  6. Access to the provided Content will generally only be made available to you in the country in which you have registered on our website or, if you have booked a paid subscription, in the country in which you have booked the paid subscription. If you are successfully verified for cross-border portability of the HBL-Player, you will be able to access your subscription for six (6) months from outside the country in which you took out the paid subscription, in accordance with the provisions of the Portability Regulation (Regulation (EU) 2017/1128 of the European Parliament and of the Council), provided that you are temporarily present in a Member State of the European Economic Area ("EEA").

  7. The HBL-Player and all Content obtained through it are intended for personal and non- commercial use only. You are granted a limited, non-exclusive, non-transferable, non- sublicensable right of use to access the HBL-Player and to view the Content available to you, as provided, via video streaming on your HBL-Player-Devices. Except for the foregoing limited right of use, no right, title, and/or interest is transferred to you. You are especially not entitled to use the HBL-Player and/or Content for public reproduction or other commercial purposes. Furthermore, you are also not permitted to collect data and/or other information for commercial purposes from the Content provided by us (in particular live matches).

  8. We will investigate and legally pursue any suspicion of a culpable breach of the obligations of the Terms, especially should Content be made publicly available and/or be transferred to third parties or should HBL-Player be made available to third parties.

  9. We are entitled to assert any claims for damages (including legal fees) against you in consequence of a breach of clause 3.7. and 3.8 or any other provisions of the Terms of use.


Clause 4
Availability of the HBL-Player

  1. The HBL-Player has an availability of 24 hours a day. However, there may be temporary interruptions in availability due to updates and maintenance required for the IT systems, due to repairs or the introduction of new equipment. Interruptions in availability may also occur due to force majeure or other causes for which we are not responsible, such as intent or (gross) negligence on the part of third parties.

  2. We do not guarantee uninterrupted availability of the HBL-Player, and, in the event of availability problems, we will make reasonable commercial efforts to remedy any faults for which we are responsible without delay. However, this does not imply any claim to the elimination of the availability problems.

  3. We point out:

    • that it is technically impossible to provide the HBL-Player free of errors of any kind,

    • that errors may lead to the temporary deactivation of the HBL-Player,

    • that the availability of the HBL-Player is dependent on conditions and services beyond our control, such as the transmission capacities and web connections between the individual participants. We are not responsible for any such disruptions.

  4. As the owner of the HBL-Player, we reserve the right to change, delete or supplement the Content provided at any time without prior notice or to discontinue the operation of the HBL-Player. In the event of discontinuation of the HBL-Player, we are entitled to terminate any existing contracts with extraordinary effect and to refund any relevant advance payments received.


Clause 5
Subscription

  1. The conclusion of a subscription is subject to payment. Your payment only covers access to the paid subscription in which special Content is made available to you. Further costs, e.g., for the internet connection and other access costs, are not included in the costs for the subscription.

  2. We offer you the option of book a monthly or annual subscription. The cost of a subscription and the Content provided as part of the offer will be communicated to you during the booking process. The cost of a monthly subscription will be billed monthly via your chosen payment method on the calendar day corresponding to the start of your paid membership. The cost of an annual subscription is billed annually on the calendar day corresponding to the start of your paid membership.

  3. Payment for the subscription will be made by credit card or direct debit or other means of payment authorised by us. You confirm that the means of payment you are using is your own or that you have permission from the card or account holder to use it. All accounts and payments are subject to validation and approval by the payment method provider. If your payment is declined, you will not be able to access the Content available for paying subscribers/Users until you provide a valid means of payment verified by us. In the event that you are at fault for a dishonoured or unauthorised (recalled) payment, we may, in addition to claiming the subscription fee, claim compensation from you for any costs incurred as a result of such dishonoured or unauthorised (recalled) payment (e.g. for the bank chargeback fee).

  4. We reserve the right to reasonably increase the cost of the subscription. We will inform you accordingly at least four weeks in advance. Should the increased costs amount to more than 5%, you will be entitled to an extraordinary right of termination.

  5. We reserve the right to refuse the acceptance of payments for valid reasons, particularly if we have concrete suspicions regarding fraudulent and/or illegal use of the HBL-Player and/or Content.

  6. If you are not only slightly in arrears with the payment of the subscription fees, we can make use of our statutory rights to refuse performance and withdraw access to the HBL- Player for the duration of the arrears. Further bookings are not possible until the end of the payment default. Our right to terminate without notice for good cause in accordance with clause 6.6 remains unaffected.

Clause 6
Conclusion of Contract, Term, Automatic Renewal, Termination

  1. The offer of the HBL-Player is subject to confirmation and does not constitute a binding offer. By registering free of charge or booking a paid subscription, a contractual relationship is established with us.

  2. By activating the order button "SUBSCRIBE", you submit a binding application for the conclusion of a paid subscription. The contract is concluded by our express confirmation of the contract via the Email provided to us as per clause 3.3. If you have not received such confirmation, the contract will be concluded by us providing you with access to the Content in digital form.

  3. Your paid subscription begins on the day the contract is concluded and runs for an indefinite period, unless otherwise stated during the registration process for the HBL- Player. Your subscription may be terminated at any time by you or us upon thirty (30) days' notice. If you have taken out an annual subscription, your subscription can be cancelled for the first time with thirty (30) days' notice at the end of the annual subscription and, under monthly subscriptions, at the end of each month. The end of the month corresponds to the day in the following month preceding your registration for the paid subscription. Unless your annual subscription has been cancelled at the end of the annual contract period, your subscription will continue until the end of the year at the conditions notified during the registration process. Cancellation must be made in text form (e.g., Email).

  4. The regular billing period always begins on the day of the month that corresponds to the day of your registration for the paid subscription and ends on the day that precedes the day of your registration for the paid subscription in the following month.

  5. The free registration, in principle, runs for an unlimited period. We may terminate your free registration at any time by email with seven (7) days' notice. You can cancel the free registration at any time and delete your user account independently.

  6. We have the right to suspend your access to the HBL-Player or to terminate your paid subscription without notice if we have reasonable grounds to believe that:

    1. you are using the HBL-Player in an abusive, disruptive, excessive manner or against the interests of other Users;

    2. there has been a breach of security in your user account;

    3. you are in breach of these Terms;

    4. if we have been directed to do so by a government authority;

    5. we are required to do so by applicable law; and

and we have unsuccessfully warned you or set a time limit for you to remedy the situation. A warning or the setting of a deadline in accordance with this clause is not necessary if there are special circumstances which, considering the interests of both parties, justify the immediate assertion of our rights in accordance with this clause or if this is otherwise provided for by law.


Clause 7
Support

We provide support for technical questions, for receiving fault and error messages and for troubleshooting simple problems from Monday to Friday from 9 a.m. to 5 p.m. (except public holidays) by e-mail at [email protected].


Clause 8
Subject to alterations

  1. We reserve the right to amend provisions of these Terms under the conditions set out below if such amendment is reasonable for you, considering our interests.

  2. Expressly excluded from the foregoing power of amendment is any amendment which would result in a change in the nature of the main contractual service owed by us. In such a case, we will notify you of the changes to the conditions and offer to continue the contractual relationship under the then changing conditions.

  3. There is a reason for the change in accordance with clause 8.1,

    1. if the change is merely beneficial or neutral to you;

    2. if the change is purely technical or based merely on our operating procedures, unless it has a material effect on you;

    3. where we are required to bring the Terms into compliance with applicable law, in particular where there is a change in applicable law;

    4. to the extent that we introduce additional services, services or service elements that require a service description in these Terms.

  4. You will be notified by us of any changes to our Terms by e-mail to the last registered e- mail address at least 30 days before the changes take effect. The amended Terms shall be deemed to be accepted if you do not object to the validity of the amendments to these Terms within 14 days of receipt of our notification via email to [email protected]. We undertake to inform you separately of the significance of this period in the aforementioned e-mail (in particular, that the amended Terms will be deemed to have been accepted by you if you do not object to the new Terms within the period after receipt of the e-mail). The right of termination to which you are entitled pursuant to § 6 number 3 remains unaffected.


Clause 9
Data Privacy

  1. If you register with one of our websites/applications to use the HBL-Player and enter a contract with us, we will process the data required to enter, perform or terminate a contract with you.


    This includes:


    • first name, last name

    • billing and delivery address

    • e-mail address

    • billing and payment data

    • communication-specific metadata (e.g., IP-address)


  2. The legal basis for this is Article 6(1)(b) DSGVO, i.e., you provide us with the data on the basis of the respective contractual relationship (e.g., management of your customer account, processing of a purchase contract) between you and us. We are also obliged to process your e-mail address in the event of a purchase via our websites/apps due to legal requirements in the German Civil Code (BGB) to send an electronic order confirmation (Article 6(1)(c) DSGVO).

  3. We process your data if this is necessary for the processing of the contract until the expiry of the legal or possible contractual warranty and guarantee rights. After the expiry of this period, we retain the information of the contractual relationship required by commercial and tax law for the periods determined by law. For this period, the data is processed again solely in the event of an audit by the tax authorities.

  4. Your payment data will be passed on to payment service providers commissioned by us to process the payment(s). The respective data will be processed by the service providers solely for the respective purposes within the scope of order processing (Article 28 DSGVO).

  5. Further information on data protection and your rights as a data subject of Handball- Bundesliga GmbH can be found at the following link: https://www.daikin-hbl.de/en/hbl/hbl- gmbh/datenschutz.


Clause 10
Liability

  1. We always try to ensure that the Content we provide on the HBL-Player is available without interruption and free of errors. Occasionally we may have to interrupt the HBL-Player for updates and maintenance work (clause 4.1. and 4.2,). Although the content provided on the HBL-Player is created and made available in accordance with standards that meet industry-standard and to the best of our knowledge and belief, we accept no liability for the correctness, accuracy, completeness, or quality of the Content provided.

  2. Liability claims against us, other than injury to life, limb or health, the culpable breach of essential contractual obligations (i.e., cardinal obligations) and claims which are based on our grossly negligent or intent acts, are explicitly excluded. In the event of a breach of material contractual obligations which is not due to intent or gross negligence, our liability and that of our vicarious agents and assistants shall be limited to the damage which was typically foreseeable as a possible consequence of the breach of contract at the time the respective contract was concluded.

  3. Although we always try to keep the HBL-Player free of viruses, we do not guarantee that it is virus-free. Before downloading information, you must ensure that you have appropriate security devices and virus scanners in place for your own protection and to prevent viruses on the HBL-Player.

  4. In addition, we are not liable for the cancellation or termination of competition or match or for the fact that we are unable to provide a competition or match as planned or advertised, nor if it is impossible for you to watch a any Content on a particular device.

  5. As Content providers, we are responsible for our "own Content", which is made available for use, in accordance with general legislation pursuant to § 7 of the German Telemedia Act (TMG). A distinction must be made between our own Content and links to content provided by other providers. We do not check the content of website/platforms to which these links refer to. However, if we determine or are informed by third parties that the content of the third-party website/platform or document to which we have provided a link gives rise to civil or criminal liability, we will immediately remove the link to this offer.

  6. We would like to point out that the transmission of files on the Internet (e.g., by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third-party data cannot be ensured. Our liability in this respect is excluded.

Clause 11
Right of Revocation

  1. As a consumer, you generally have a statutory right of revocation when concluding a distance selling transaction, which we inform you about below in accordance with the statutory model. Clause 2.2 contains a sample cancellation form.

    Instruction for revocation Revocation right

    You have the right to revoke this contract within fourteen days without giving any

    reason. The revocation period is fourteen (14) days from the day on which the contract was concluded.


    To exercise your right of revocation, you must inform us of your decision to relocate from this contract by means of a clear declaration (e.g., a letter sent by post, fax or e- mail) to our contact details above. You can use the attached model revocation form for this purpose, which is, however, not mandatory.


    To comply with the revocation period, it is sufficient for you to send the notification of your revocation before the expiry of the revocation period to us.


    Consequences of the revocation

    If you revoke from this contract, we will refund all payments we have received from you immediately and at the latest within fourteen (14) days of the day on which we received notification of your revocation from this contract. For this reimbursement, 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.


    In the event of revocation, you will no longer have access to the paid Content of the HBL-Player.


    Exclusion of the right of revocation right

    The right of revocation does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence at the time of conclusion of the contract is outside the European Union.


  2. We inform you about the model revocation form according to the legal regulation as follows:


    Model revocation form

    (If you wish to revoke the contract, please complete, and return this form.)


(*) Delete where inapplicable


Clause 12
Copyright and Use/ Processing of Content

  1. We are the owner of all intellectual property rights in or licensee of the Content provided on the HBL-Player. All Content you receive is subject to a copyright granted to us and/or the copyright of a third parties.

  2. Regarding all Contents of the HBL-Player, you are generally prohibited from distributing, processing, adopting, copying or using them in whole or in part for your own or your own commercial purposes in any manner other than that specified in clause 3. You may i.a. not reproduce, distribute, use data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of Content provided by us in the HBL-Player for re-use without our express written consent. You may not, without our express written consent, create and/or publish your own database that incorporates substantial portions of the Content provided by us in the HBL-Player.

  3. You may not use the HBL-Player to solicit others to purchase your or any third party's products or to visit any shop, location or the like.

  4. You are obliged

    • to keep your login details, in particular your password, secret and never to disclose or otherwise make them available to third parties (except to the extent expressly permitted within your membership model);

    • to watch the HBL-Player only in places where parts of the public cannot watch at the same time;

    • to copy, record or store (except as permitted by us in the Application Feature), redirect, share, reproduce or otherwise distribute the HBL-Player Content, in whole or in part, to any other person, nor permit or enable any other person to do so;

    • to treat the HBL-Player with goodwill and not use it for any unlawful or unauthorised purpose (e.g., to transmit computer viruses via this site);

    • not to embed the HBL-Player on any website or other service.

  5. You may only stream the HBL-Player Content with your HBL-Player-Device via a maximum of one IP address at any one time. If your paid subscription includes a corresponding addendum to stream the Content via more than one IP-address at the same time, the agreed applies, but not beyond the number of agreed IP-addresses.


Clause 13
Technical Requirements

  1. The HBL-Player can be used on common devices with browser-based internet access.

  2. You are responsible for ensuring that you have and maintain all hardware, software, and network connectivity (e.g., a broadband connection) required to access the HBL-Player, retrieve, receive, and view the Content.

  3. The provision of Content on the HBL-Player is not owed in HD-format.

  4. The transmission quality of the Content may vary 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.

  5. The streaming software used for the transmission of the HBL-Player may vary depending on the device and medium. Similarly, functionalities may vary depending on the device. Use of the HBL-Player may require third party software, which is itself subject to licences.


Clause 14
Compensation

  1. You shall indemnify us in full against all damages, costs, and expenses, including reasonable legal costs, arising out of your negligent or intentional misrepresentation, act, or omission in connection with your use of the HBL-Player and any claims made by third parties arising out of your negligent or intentional use of the HBL-Player in breach of these Terms.

  2. For the purposes of the foregoing clause, damages shall also include liabilities we have to our affiliates, our licensors (including licensors of our affiliates) or our licensors' affiliates as a result of any of the listed facts.


Clause 15
Force majeure

Neither we nor any third-party rights holder shall be liable for any delay in the provision of, or failure to provide, the HBL-Player to the extent that such delay or failure is beyond our control or the control of the third-party rights holder. the control of the third party rights holder, including but not limited to failure of electronic or mechanical equipment or communications, third party access (including denial of service attacks and overuse or misuse of the HBL-Player), disruption of telecommunications or other networks, computer viruses, unauthorised access, theft, operator error, fire, extreme weather conditions including floods, acts of nature or orders of regulatory, governmental or supranational authorities, war, riot, labour disputes and the cancellation or postponement of an event.

Clause 16
Waiver

Any waiver by us or any third-party rights holder to enforce any provision of these Terms of Use shall not constitute a waiver of any rights or remedies or of any claim for subsequent breach of any provision of these Terms.


Clause 17
Assignment, Change of Contracting party

  1. Subject to the following paragraph of this clause, we may assign our rights or sub-contract the performance of our obligations under these Terms without prior notice to you and without your consent.

  2. In the event of a transfer of our contract with you to a third party, we will notify you accordingly. Subject to the condition precedent that a third party enters into the contractual relationship, you will be entitled to terminate the contract without notice by notifying us within four (4) weeks of receipt of such notification.

  3. You are not entitled to assign your right of use to a third party.


Clause 18
Dispute Resolution

  1. If you have any complaints about the HBL-Player, you can contact the European platform for online dispute resolution in consumer matters at any time under the following weblink: http://ec.europa.eu/consumers/odr.

  2. We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board. We prefer to resolve your concerns in a direct exchange with you.


Clause 19
Miscellaneous

  1. These Terms constitute the entire agreement. Verbal collateral agreements do not exist. Amendments and supplements must be made in writing to be effective. This also applies to the waiver of the written form.

  2. Should any provision of these Terms be or become invalid, this shall not affect the validity of the remaining provisions of these Terms.

  3. These Terms are subject to German substantive law. The exclusive place of jurisdiction is Munich. Mandatory consumer protection laws of your country may remain unaffected and continue to apply.