Terms of use for the use of the app “FIBA Challenges by Eurostep”.

1. Scope of application

These Terms of Use (hereinafter referred to as “Terms of Use”) constitute a contract between us, FIBA-Europe e.V., Ismaringer Str. 21, 81675 Munich (hereinafter referred to as “FIBA” or “we”) and the respective user (hereinafter uniformly referred to as “User”) of the application “FIBA Challenges by Eurostep” in the respective current version (hereinafter referred to as “App”).

The subject matter of the Terms of Use is the free use of the app and the services offered by the app to the user. FIBA makes the App available to the User in the current version and permits the User to use the App in accordance with these Terms of Use and limited to the period of use.

Our app is directed solely at consumers; users who are not yet 18 years of age require a declaration of consent from their legal guardians in order to register.

2. FIBA´s offer

2.1 Our app: goals and use of the app

The App provides a digital platform where basketball fans from around the world can participate in various basketball challenges (hereinafter referred to as “Challenges”), as well as view content from professional players from various countries.

In addition to connecting the young “digital first” audience by creating digital meeting places for basketball fans and professionals, the goal of the app is to increase interest in the sport of basketball worldwide through social media trends and to further drive its digital transformation. Through interactive participation and the involvement of professional players in the various challenges, the aim is to provide access to top international players in order to raise awareness and enthusiasm for the sport not only among basketball fans but also among potential young talent.

The App can initially be downloaded without registration; to use the App, the user must register and create a User account (see section 3 for more details).

2.2 Main functions of the app, challenges

The main features of our App is participation in Challenges created by us. In addition, users of the app can follow basketball associations and schools, as well as professional players.

Users can take part in the challenges by recording a video of themselves performing the respective challenge task and uploading it to the app.

The User receives an overview of successfully completed challenges and the badges received for them in his profile.

2.3 Prices through successful participation in Challenges

In order to increase the incentive for users to actively participate in challenges and motivate them to play sports, FIBA will award prizes at its own discretion. However, users have no claim to the prize offered by our App.

2.4 Health, disclaimer

The health of our Users is important to us, and one of the goals of our App is that Users engage in sporting activities by using the App and thus improve their general health.

Nevertheless, the use of the App, especially the active participation in Challenges, is at your own risk.
In particular, we are not liable for any physical injuries/health damage suffered by a User as a result of physically participating in a challenge or imitating the tricks/movements performed there.

The User must always check in advance on his/her own responsibility whether he/she is actually physically able to perform the respective task of the challenge. In case of doubt, the User is obliged to seek prior sports medical advice; this applies in particular to pregnant women and persons who are aware of their own health/physical limitations and risks.

3. User account, conclusion of contract

In order to be able to use our App, the User must register or create a User account. By creating this User account, the User concludes a User contract with FIBA in accordance with these Terms of Use and thereby expressly agrees to them.

3.1 Registration / login process via the App start screen

The creation of a User account takes place after the installation of the App via the start screen. To do this, the User must first enter a phone number valid email address and password; after clicking the “Next” button in the App, the User will receive an SMS with a 4-digit verification code for security reasons, which the User must then enter on the home screen to confirm its identity and complete the registration process the further course of the registration process asks the User in which country the User lives in and to provide a username and year of birth.

Optionally, the User can also upload a profile picture, an e-mail address and a user role (e.g. basketball player) and link social media channels selected by the User. After clicking the “Done” button, the registration process is completed and the User account is active.

3.2 Conclusion of contract between FIBA and the User

The contract between the User and FIBA as operator of the App in accordance with these Terms of Use is concluded with the installation of the App and the completion of the registration process (section 3.1.); the User is not entitled to a claim for the conclusion of a contract or for the use of the App.

3.3 Corrections of input errors

Any input errors can be corrected at any time during the registration process in the input mask provided. The process can also be cancelled until registration via the “Done” button.

4. Remuneration

The use of the App is free of charge for Users.

5. Rights of use of the User

The App contains content (e.g. videos, images, texts, etc.) to which FIBA is entitled, inter alia, under copyright law (hereinafter referred to as “FIBA Content”). FIBA grants the User the non-exclusive right for private (non-commercial) use of the App and the FIBA Content on his end device for the usage period in accordance with these Terms of Use. The User is only permitted to use FIBA content outside the App if and to the extent that the User is expressly permitted to make certain content publicly available by means of a function integrated in the App (e.g. by means of the sharing function for uploading to social networks). The right to use the FIBA Content ends with the expiry of the usage period.

6. User Content

FIBA enables the Users to record and upload videos in the App (“User Content”). They can optionally share this with third parties via their own social media channels. This is then done in accordance with the terms of use and other requirements of the respective services used. For this purpose, the User can initially also add additional texts/hashtags to the content.

However, Users are only entitled to use/distribute the User Content on condition that the watermark (automatically added by the app) is not removed or otherwise made unrecognisable by further processing outside the app.

6.1 Compliance with legal requirements

The User is responsible for compliance with the legal regulations for the User Content. FIBA does not check the User Content and does not adopt it as its own. However, FIBA expressly reserves the right to delete User Content in the event of a breach of these terms of use or of legal provisions.

6.2 Rights with regard to User Content

If the User uploads content via the App, he grants FIBA a non-exclusive, transferable and sub-licensable right of use free of charge, unlimited in terms of content and territory and irrevocable. Based on this, FIBA is in particular entitled to use the User Content for the purposes of the App, as well as to share (also in excerpts) this User Content to promote Challenges and/or the App on its website as well as social media channels and to reproduce it publicly. FIBA is also entitled to edit the User Content, provided that this does not impair any interests under copyright law.

6.3 No infringement of third party rights by User Content

The User is obliged not to infringe any third party rights, in particular personal rights of other Users or intellectual or industrial property rights of third parties (e.g. copyrights, designs, trademark rights, etc.) by uploading User Content in the App.

The User therefore undertakes in particular to upload User Content to the App only if the User owns the corresponding rights of use or is legally entitled to do so.

6.4 Exemption

The User is obliged to indemnify FIBA against claims by third parties in the event of a culpable breach of the aforementioned obligations of the provision in accordance with clause 6.3. The indemnity also includes the reasonable costs of FIBA’s legal defence.

7. Obligations of the User

The User further undertakes,

• not to upload any pornographic, racist, inciting, violent or discriminatory content, regardless of whether this constitutes a criminal offence;
• to treat his access data confidentially and not to disclose them to any third party;

• not to interfere with the App by any technical or electronic means that affect the integrity of the App or are intended to read any content of the App, whether FIBA content or user content;

• not to organise any publicity.
The User shall be responsible for backing up important personal data externally (e.g. on external data carriers).

8 Guarantees, liability for defects

FIBA does not guarantee this,

• that the App works without errors and is available all the time or completely or without errors;
• that created User Content is stored in the User profile (especially if User Content was created in offline mode);

• that a success desired by the User, such as improving his/her fitness/health, is achieved through the use of the App. FIBA does not owe the User any success.

The app is in accordance with the contractual condition at the time of its provision. Any possible updates and/or patches of the App will be available for download via the App Store and/or the Google Play Store FIBA is not obliged to provide updates. The User is free to download and install the respective update. If the User does not install the updates provided by FIBA, FIBA shall not be liable for deviations from the contractual condition of the app that are attributable to the absence of the corresponding update.

Any legal claims of the User due to defective performance shall remain unaffected.

9. Liability

FIBA shall be liable, including for its legal representatives and vicarious agents, without limitation only in the event of (a) intent or gross negligence, (b) injury to life, limb or health, (c) to the extent of a guarantee assumed by it and (d) under the Product Liability Act.
FIBA’s liability for slightly negligently breached material contractual obligations is limited to the amount of damage that is foreseeable and typical for the type of business. Material contractual obligations are obligations that protect the legal positions of the user that are material to the contract and that the contract is intended to grant to the user in accordance with its content and purpose; material contractual obligations are also obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer has regularly relied and may rely.
Otherwise, FIBA shall not be liable.

10 Term, termination

The contract between User and FIBA ends, without the need for termination, on expiry of the usage period referred to in clause 2.4. It may be terminated by either party at any time, but FIBA may not terminate the contract at an inopportune moment unless there is good cause. The termination may be made in text form, whereby an e-mail shall suffice. The User may give notice of termination by making the appropriate setting in his User account in the App or by sending his letter of termination to [email address] .

The right to terminate for cause remains unaffected for both parties. In particular, FIBA is entitled to terminate the contract with immediate effect and to delete the User account if the User seriously or repeatedly violates the provisions of these Terms of Use. Upon deletion of the User account, all data stored in connection with the respective User will be deleted.

11. Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at: http://ec.europa.eu/consumers/odr/

FIBA is neither obliged nor willing to participate in the dispute resolution procedure.

12. Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law does not affect the assertion of tort claims or the possible applicability of mandatory consumer protection provisions under the law of the state in which the user has his habitual residence.

13 Jurisdiction

If the User is a consumer domiciled in the European Union (EU), the User may bring an action against FIBA in accordance with the legal rules on jurisdiction, in particular, that User may bring an action against FIBA either in the courts of the member state in whose territory FIBA is domiciled or in the courts of the place where the User is domiciled.

If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Munich.

14. Storage possibility

These Terms of Use can be accessed at any time in the app at [xxx]. It is also possible to download, save and print the Terms of Use.

15. Severability clause

Should individual provisions of these Terms of Use be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.

16. Data protection information

We provide information about which data of the user is processed in which way in connection with his use of the App in our data protection information, which can be accessed at https://fibaeurostep.com/legal.

20. Provider information

The App is an offer of the
FIBA-Europe e.V.
Ismaringer Str. 21
81675 Munich (DE)

Further information can be found in our imprint at [xxx ].