TERMS OF USE

FOR THE WEBSITE 4GAMECHANGERS.IO

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I. GENERAL

ProSiebenSat1. PULS 4 GmbH and the social media profiles it operates (hereinafter collectively referred to as "we" or "us") provide users with a comprehensive range of information and entertainment. This information and data are provided for informational purposes only, without any guarantee as to the timeliness, accuracy or completeness of the information. By registering, the user can create a personal profile, network with friends, post their own events, subscribe to personal relevant info/photos/videos for their home page and upload photos/videos as well as comment on and rate third party photos and videos and in connection with this make use of offers of simplified electronic communication.

II. SCOPE, AMENDMENTS TO THE TERMS OF USE

1. We provide our offer on the basis of these Terms of Use. By registering or using the offer from us, they agree to the validity of the Terms of Use. The registration and use of these services is not possible without acceptance of the Terms of Use.
2. These Terms of Use also apply to any social media profiles operated by ProSiebenSat.1 PULS 4 GmbH.
3. We reserve the right to change the Terms of Use at any time whereby the user agree to be bound by the respective amended version. Registered users will be notified, where possible, of any changes to the Terms of Use by e-mail to the e-mail address provided by him/her before such change enters into force. Users are recommend to inform themselves regularly about the current status of the Terms of Use.

III. OBLIGATIONS OF THE USER

The User of 4gamechangers.io undertakes

1. To provide accurate and truthful data where requested;
2. to use the services offered on 4gamechangers.io only for private purposes and in accordance with our rules. In particular the user will not copy, save, distribute or commercially use any content published by third parties.
3. not to store, publish, distribute and/or transmit any data, texts, images, files, links, software or other content which, in accordance with the relevant statutory provisions or in our opinion, is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist, inflammatory or in any other way offends common decency or could harm minors in any way, which in particular applies to pornographic content, content glorifying violence or content otherwise harmful to minors;
4. not to store, publish, distribute and/or transmit any unsolicited advertising, promotional material, junk or bulk e-mail ("spam"), chain letters, pyramid schemes or other solicitations through the services of 4gamechangers.io and not to use 4gamechangers.io for any other commercial purpose;
5. not to attempt to tamper with 4gamechangers.io or our content or gain unauthorised access to third party data;
6. only store, publish, publish, distribute and/or transmit content that he/she is authorised to distribute accordingly;
7. not to store or reuse any content that infringes the rights of third parties, in particular trademarks, patent rights, copyrights, ancillary copyrights or personal rights;
8. not to harass, insult, threaten, defame, cause distress or embarrassment to, or otherwise cause inconvenience to, any person, entity or company, or to assert or spread untrue facts;
9. not to collect, store, disclose or transmit personal data about other users, unless the persons concerned have given their consent thereto;
10. to refrain from actions that impair or may impair the functionality of the services of 4gamechangers.io (e.g. through software or other scripts). This applies in particular to the use of "robot", "spider" or "offline-reader" software that automatically generates user requests via the Internet.
11. To refrain from using the services of 4gamechangers.io or parts thereof as a service or access to our offer for any commercial purposes; e.g. imitate, sell, rent or use or offer for own or third party advertising purposes.

IV. USER GENERATED CONTENT (UGC)

1. We allow our registered users to use the services offered in accordance with the law and the provisions of these Terms of Use to store, publish, distribute, transmit and share content with other users. We do not claim ownership of this content, nor do we exercise any supervisory function with regard to users' content.
2. The user agrees that in proximity of his/her content (i.e. before, after as well as together) advertising is shown (including, but not limited to, advertising measures that are integrated into the content, such as bannering or in-stream advertising in the form of spots, buttons and inserts), which is marketed by us. The user also agrees that he/she may be confronted with offers and advertising messages tailored to him by automatic evaluation of his/her usage behavior.
3. The User warrants to us that he/she owns all necessary rights with respect to the content for which he/she uses the services of 4gamechangers.io, in particular the social media profiles operated by 4gamechangers.io pursuant to Section XII for storage, publication, distribution and/or transmission, and that he/she is not violating any rights of third parties of any kind whatsoever, any statutory provisions or the rules of these Terms of Use, in particular the obligations set forth in Section III of these Terms of Use. In the event that the user is not the owner of the rights to any content he/she enters, he/she warrants to us that he/she has effectively obtained all necessary rights, licenses, permissions, consents and the like. In the event that he/she breaches these guarantees, he/she shall indemnify us pursuant to Section VIII of these Terms of Use from any liability to third parties and shall hold us harmless to the full extent.
4. We may store and disclose content to third parties as required by law or as reasonably necessary or legally permissible to: 1. comply with legal process or court or regulatory orders; 2. ensure compliance with these Terms of Use; 3. respond to claims of infringement by third parties; or 4. protect the rights, property, or personal safety of 4gamechangers.io, its users, or the public.
5. Grant of Rights: The user grants us an irrevocable, royalty-free, non-exclusive and unrestricted right to use all content generated, submitted, stored and published by the user. We are therefore entitled to use all content, regardless of the type of use, both as part of the offer of 4gamechangers.io, in particular the social media profiles operated by us in accordance with Section XII and as part of the television program of 4gamechangers or as part of any other activity of 4gamechangers or a company affiliated with 4gamechangers. This also includes the right to modify and edit, provided that this does not affect the legitimate interests of the user. The granting of rights includes in particular the right to display images and videos stored by the user in a reduced size (thumbnails) and to technically modify them, provided that this is necessary for further use. In this context, the user waives - to the extent permitted by law - all moral rights. We will, however, in the case of a use of content outside of 4gamechangers.io, attach a suitable reference to an authorship of the user if possible.
6. We are under no obligation to use the content submitted by various users under this Section and under Section XII If there are justified reasons for an infringing use of material by users, in particular indications according to point VIII, the respective content will be deleted immediately after the infringement has been brought to our attention.

V. EVENT ENTRIES

1. Event information on 4gamechangers.io is composed of an event database provided by us and event entries saved and published by users.
2. We reserve the right to delete a registered event without giving reasons or not to publish a suggested event.
3. We do not take any responsibility for wrong event entries and are not liable for their consequences.

VI. NOTICES OF COPYRIGHT INFRINGEMENTS

1. We respect the intellectual property of third parties and ask our users to point out possible copyright infringements.
2. If anyone believes that their copyrights or the copyrights of third parties are being infringed by content published on 4gamechangers.io, they are asked to notify us immediately, providing the following information: 1. a detailed description of the work that they believe infringes the rights of third parties; 2. a description of where this infringement is located on 4gamechangers.io; 3. an electronic or handwritten signature of the copyright owner or the natural or legal person authorised to act on behalf of the copyright owner; 4. his or her address, telephone number and email address; 5. a statement that, to the best of their knowledge and belief, the disputed use is not authorised by the copyright owner, its agent, or the law.
3. If anyone believes that any content of users of 4gamechangers.io violates these Terms of Use or any legal provisions, they are requested to notify us immediately, applying Section VIII.2.
4. Notifications according to point VI.2 and VI.3 are to be sent in writing to ProSiebenSat.1PULS 4 GmbH, Media Quarter Marx 3.1, Mario-Jacobi-Gasse 1, 1030 Vienna or by e-mail to info@prosiebensat1puls4.com
5. We will delete infringing content immediately after becoming aware of it.

VII. DISCLAIMER OF WARRANTY

1. We do not guarantee the constant, complete and error-free availability of the services of 4gamechangers.io.
2. The use of the services of 4gamechangers.io pursues at the user's own risk. This applies in particular to the downloading or other use of content, especially content from other users.
3. We do not provide any warranty regarding the accuracy and reliability of the information available within the services.
4. We also do not guarantee that the hardware and software required to use the services offered will work without errors at all times or that any errors in the hardware or software will be corrected.
5. We do not warrant banners and external links placed on 4gamechangers.io websites. This includes all announcements, offers and promotional messages. If a user concludes a legal transaction with the operators of a linked website, contractual relations are exclusively between the user and the provider of this linked website. We therefore do not provide any warranty for the services of these providers.

VIII. LIABILITY

1.We are liable to our users for damages caused by intent or grossly negligent breach of duty, which may result directly from injury to life, limb or health, as well as interruptions in transmission, delays, errors, malfunctions of technical equipment, loss or deletion of data, viruses or in any other way the user. All other claims for damages against us are excluded, regardless of the legal grounds.
2. As far as our liability is excluded, this also applies to the companies affiliated with 4gamechangers.io, as well as to the personal liability of our employees, workers, representatives, shareholders and vicarious agents

XI. INDEMNIFICATION

The user shall indemnify us against all claims asserted against us by third parties due to a breach by the user of statutory provisions, of third party rights (in particular personal rights, copyrights and trademark rights) or of contractual obligations, representations or warranties. In this case, the user shall bear the costs of a necessary legal defense, including all court and legal fees in the statutory amount; this shall not apply if the infringement is not due to any culpable conduct on the part of the user. In the event of a claim by a third party, the user is obligated to immediately, truthfully and completely provide us with all information available to him that is necessary for an examination of the claims and a defense. Any further claims for damages by us against the user remain unaffected.

X. INTELLECTUAL PROPERTY RIGHTS OF 4GAMECHANGERS.IO

1. All rights to the offer of 4gamechangers.io and its labeling, including any trademark rights, patent rights, copyrights or licensing rights or other rights are exclusively ours and may not be used without prior, express and written consent from us. Likewise, no references to the ownership of rights of 4gamechangers.io may be removed.
2. In particular, the trademark 4Gamechangers may not be used without prior permission, the software used on 4gamechangers.io may not be copied, modified, disassembled, edited, sold, assigned, or used in any other way. This does not apply to the user's own content contributed to the 4gamechangers.io offer. In this respect, however, each user must respect the rights of the respective other entitled parties to this content.
3. The content offered via the 4gamechangers.io website is protected by copyright. This website may not be modified, copied, republished, transmitted, distributed or stored without our consent. The services and copyrighted content may only be used for private, non-commercial purposes.

XI. DATA PROTECTION

We process personal data on the basis of and in accordance with the applicable provisions of data protection law. This includes, in particular, enabling the user to access the 4gamechangers.io offer, managing the content posted there by the user, providing the user with information on this and, if necessary, providing further services with the user's consent. For the exact use of this data, please refer to the Privacy Policy.

XII. SPECIAL CONDITIONS FOR SOCIAL MEDIA ACTIONS SUCH AS #-SCOUTINGS AND #-DISCUSSIONS

1. Our social media actions are not connected to the respective social media platform used, such as: Facebook, Twitter, Instagram, etc (hereinafter collectively referred to as "Social Media Platforms") and are not sponsored, endorsed or organised in any way by these Social Media Platforms. Recipients of the data provided by users are not the Social Media Platforms, but 4gamechangers.io.
2. Generally, all persons over the age of 18 are eligible to participate in social media actions. Participants/users under the age of 18 are not legally entitled to any prizes.
3. We reserve the right to publish the profile picture and the username of the participant/user from the user profile of the respective platform in all known forms of use; this includes in particular the digital (such as website 4gamechangers.io) and on-air platforms (such as the TV channel PULS 4) of 4gamechangers.io and companies affiliated with 4gamechangers.io.
4. Participation is free of charge and independent of the purchase of goods or services. By participating in a social media action, the user accepts these Terms of Use.
5. In the event of a violation of the Terms of Use or in the event of intentional or unintentional misrepresentation regarding the participation requirements, 4gamechangers.io has the right to exclude users from the respective social media action. Persons who use unauthorised aids or otherwise obtain advantages through manipulation will also be excluded. If necessary, winnings can also be subsequently revoked and reclaimed in these cases.
6. The user undertakes not to make available, transmit or store any content and/or material that contains viruses or similar data or information that is suitable or intended to impair and/or destroy the function of computer and/or telecommunications equipment.
7. We shall not be liable for any damage caused by errors, delays or interruptions in data transmission, malfunctions of technical equipment and service, incorrect content, or loss or deletion of data or viruses.

XIII. MISCELLANEOUS

1. These Terms of Use and the entire legal relationship between the user and 4gamechangers.io shall be governed exclusively by Austrian law.
2. To the extent that these provisions do not conflict with mandatory statutory provisions, the court with subject-matter jurisdiction for the first district of Vienna shall have jurisdiction to decide all disputes arising from this agreement.
3. Should individual provisions of these Terms of Use be or become invalid, the remaining terms of use shall remain unaffected.
4. Verbal collateral agreements do not exist. Changes to the terms of contract must be made in text form. This also applies to the cancellation or amendment of this written form requirement.
5. In our place, third parties may, in whole or in part, enter into the rights and obligations arising for us from this contract.