Terms and Conditions

  1. Scope
    1. Zent Software (hereinafter ‘Operator‘) offers the usage of the website footballmanager-online.co.uk (hereinafter ‘Website‘) and the online game ‘FMO Football Manager‘ (hereinafter ‘FMO‘) on the basis of these terms and conditions.
    2. Other or contradicting conditions do not apply even though it is not expressly excluded.
    3. The use of FMO for commercial purposes is prohibited.
  2. Contract Conclusion
    1. The contract between the operator and the user becomes binding, once the operator has accepted the users request
    2. The submission of the users‘ application is accomplished by the use the of appropriate online form
    3. Acceptance is made by the sending confirmation to the user-specified e-mail address.
  3. Service Description
    1. The service of FMO consists of providing the site and thus the games functions. The user receives the rights to use these functions. The operator expressly reserves the right to modify, add or remove any features without prior notice. The right to the use or maintain certain functions does not exist.
    2. Participation at FMO is by choice and in a free but limited form. A requirement of a permanent account does not exist and can be cancelled at any time.
    3. The free account offers the basic features and allows participation in the basic game. Further additional functions can be booked at a cost. An obligation to use the paid functions does not exist.
    4. Where necessary the user may be dismissed by the board of his club from his function as team manager. This has no bearing on the status of the users account. Notably a paid account will not be converted into a free account.
  4. Duties and obligations of the User
    1. All participants may have only one account. The operator reserves the right to disqualify users with multiple accounts without notice. This applies for both free and paid accounts.
    2. The user undertakes not to introduce racist, pornographic, provocative, violent, offensive or any other unsavoury content to FMO. In addition to that, it is prohibited for the user to insert commercials for products or third party programs or insert works of third parties that are protected by copyright or by other rights.
    3. The transfer of accounts to third parties shall require the express consent of the owner. The transfer is at the users own risk.
    4. The user is prohibited to bypass protection software or technical services used by FMO for protection, or to modify or restructure FMO.
    5. The user is strictly prohibited from using team names and logos which require a licence from respective associations.
    6. In the case of violation, the operator is entitled to close the users account along with all content and information that originated from the user and remove them from the website.
  5. Data Privacy
    1. The operator explicitly commits himself to protecting the privacy of users. To use the features of FMO however, the users first name, last name and email address are specifically required. The input of further information is voluntary. Personal information provided in connection with registration is collected, processed and stored in a database to be used only for the purpose of the contract and will not be forwarded to third parties.
    2. The users e-mail address is required to identify the user.
    3. The operator will handle all data according to the strict rules of the Federal Data Protection Act. The operator shall comply with all high safety standards of the Teleservices Data Protection Act and the Data Protection Ordinance for Telecommunications Companies as well as the Federal Privacy Act and all other applicable data protection regulations.
  6. Liability
    1. The accuracy of FMO is not guaranteed. It is for this reason the user must reckon that FMO is not error free in every function.
    2. FMO shall not be liable for the failure of servers, for programming errors or for damage caused in any other way.
    3. An entitlement to the restoration of the accounts status prior to the occurrence of a fault does not exist.
    4. The operator has no influence on the design and contents of external internet sites which lie outside the operators responsibility, and therefore expressly declares that no responsibility for the linked pages and their contents can be transferred. This declaration applies to all links and references included within our own website as well as to entries by third parties in guest books, discussion forums, link directories and mailing lists. Liability for illegal, flawed or incomplete contents, particularly for any damages resulting from utilization or non-utilization of contents thus presented, rests solely with the provider of the web site referred to, and not with whoever merely refers to the publication in question with a link.
    5. The operator endeavours to respect the copyrights of all graphics, used in his/her publications, and to use graphics provided by the operator or to draw on licence-free graphics. All trademarks and material copyrighted by third persons mentioned in our texts are under the laws and rules of the corresponding current property rights of the owner. The mere mention of a trademark must not lead to the conclusion that it is not protected by the rights of third parties. The copyright for published works originating from the operator shall remain exclusively with the operator. The duplication or use of such graphics in any other electronic format or printed format, is only permitted with the explicit consent of the Publisher.
    6. FMO does not offer any licensed brand names or club logos. FMO is not liable for any misuse of licensed brand names and/or logos by the user.
  7. Fees and Payments
    1. The respective current fees payable are displayed on the website.
    2. Fee‘s are inclusive of VAT.
    3. Complaints regarding invoiced amounts can be instantaneously conveyed to the operator, at the latest six weeks after receipt of the invoice, in writing or by email. Neglecting to raise objections within this time frame counts as acceptance.
    4. Additional costs can arise in free membership and paid membership, e.g. for the internet provider with which the operator has no influence over and are therefore is not separately listed.
    5. The fees for the use of the website and the game are based on the current price list. The operator has the right to change prices. The changes will be communicated to the user via email. The changes are considered as approved if the participant does not object in writing or via email within four weeks upon the receipt of the letter informing of the changes.
    6. If the user, with outstanding game fees to pay, is in default, the operator is entitled to forbid the customer from the use of the games paid features.
  8. Final Provisions
    1. Changes and additions to the license agreement and / or the terms and conditions as well as ancillary agreements must be in writing. This also applies to the modification requirement for the written form itself.
    2. The operator expressly reserves the right to alter or extend these terms and conditions at any time. A modification or amendment will be announced in the appropriate form at least 14 days before taking effect. The announcement is usually done through publication on the website. After the announcement and notice, the user has the opportunity to reply to the operator within a 14 day period. After the expiration of the time limit, the amended terms and conditions are considered accepted and active. If the customer dissents within the deadline, the operator is entitled to discontinue the contract at the time in which the changed or complementary terms of business comes into effect.
    3. User comments on the website are not contents by the operator and only represent the personal opinion of the respective user. The operator is in no way responsible for the content.
    4. The contractual relationship between the parties is governed by German law exclusively. The application of UN purchasing law (CISG) is excluded. Place of jurisdiction is Germany, Leipzig.

Stand 01.03.2012

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