Terms of Service

for the use of El Fútbol App.

1. The subject of the Agreement

This is an agreement (“Agreement”) for the use of the “App El Fútbol” (“The app”) entered into between EL FÚTBOL UG, Schnurgasse 35a, 50676 Köln, Germany, (“we” or “EL FÚTBOL”), and you, the end-user (the “user” or “you”).

The Agreement is effective beginning on the date you first download, install, or otherwise use the app.

EL FÚTBOL UG, Schnurgasse 35a, 50676 Cologne, Germany, Telephone +49-221-20467947, Email: consultas.generales@elfutbol.de provides the mobile application “El Fútbol”. We are the operator of the app and are accordingly responsible for it. The app is available worldwide in Spanish and can be used quickly and easily in other languages thanks to our integrated translation tool.

We serve the international (mainly Spanish-speaking) football community and offer you the opportunity to be informed with football news, live results, videos, and much more. In the App, you can also chat with other users, share your own or curated content, react to the conversations and actively participate in what is going on. You have easy and uncomplicated access to information, conversations, and discussions around football news via the app (hereinafter “Content”). The Content that you find in the App will come not only from us, but also from others (“Third Parties”): it is (a) provided to you via various hosting platforms (e.g. YouTube, Instagram, Facebook, Twitter), (b) provided by media and/or information outlets, (c) provided by you and/or the community of users, or (d) provided directly by us. We do not directly host third-party Content, this third-party Content is stored in the corresponding hosting platforms and is only referred to, embedded, or shown by us. We, therefore, have consequently no influence on the scope and duration of its storage or availability. The app does its best to help you to identify the source of the respective Content.

2. Scope and purpose

By downloading, installing, or otherwise using the app you agree to all terms and conditions of this Agreement. You should read this Agreement carefully before downloading, installing, loading, or using the app. If you do not agree with the terms and conditions outlined in this Agreement you are not authorized to use the app.

These terms of use apply to the app with all its offers, content, functions, and services within the operating systems offered (currently iOS, and Android). As soon as you download or use the App, you give your consent to these terms of service. Please read them carefully before using the App for the first time.

These terms of use apply to everyone. They are available online and apply to all of our services unless otherwise stipulated; if this is the case, we will make this clear at the appropriate point. Any user terms that conflict with or deviate from these terms of service do not apply unless we have expressly agreed to them in writing.

We may change or adapt these terms of service with future effect, for example, to take into account changes in the law, changes in the conditions for procuring content, or to close any loopholes herein. You have no guaranteed right to the availability of certain Content or functionalities. We are not obliged to improve, expand, update, upgrade, or make the content, functions, and services available in the app. We may stop any or all of our services at any time. There is no right to their continued provision.

This contract covers the free and (when applicable) paid use of the app. The relationship between you and us comes into force as soon as you click on the “Install” button in the respective app store and, if necessary, enter your password or as soon as you use the app. In the free, purely ad-financed version of the app, advertisements will be displayed in various ways, the most common are banners, full-screen ads, or sponsor content.

3. Use of the app

You can download the app for different devices in the respective app store or use the Website. Registration is not required to use the app but is required to access all information channels and functions, especially all social features that allow you to enter, participate and enjoy the community.

We offer various registration options to choose from. To register, you are required to provide the requested data truthfully and completely, unless it is marked as optional. You need to provide us with the requested information by registration. You are obliged to update your information immediately should it change.

You may, if you like, upload a profile picture. By uploading any photo, you ensure us that you have the necessary right to use it. In particular, pictures or photos with people other than you may only be uploaded if you have their consent. If you use a photo taken by someone other than you, you guarantee that you have the other person’s consent.

The publication images or other content must not violate legal regulations, good morals, or the rights of third parties; in particular, you must not upload or make publicly available any images showing violence or that are pornographic, discriminatory, insulting, racist, defamatory, or contain other illegal content or representations. You are responsible for the data, images, and content you provide.

You shall not use any own or third-party content in the app or in connection with EL FÚTBOL which is:

• offensive,
• defamatory,
• libelous,
• obscene,
• pornographic,
• sexist,
• racist,
• false or misleading,
• otherwise illegal, unlawful, or immoral.

Any such use is a material breach of this agreement. In such cases, we reserve the right to remove any such content or to terminate the agreement.

We will check randomly to proof whether they are correct or unproblematic but you are primarily responsible for taking the appropriate precautions. You have the option to report individual posts if you believe that they violate any copyright, trademark, or other rights, or if you consider them inappropriate. Misuse of the reporting function may result in your profile or email address being blocked.

It is your responsibility to have and maintain all the necessary hardware and software necessary to access, receive, and display the app. To download and use the app, you need an internet connection on your device. We recommend that you always keep your operating systems and App versions up to date.

We will make efforts to ensure that the app is available whenever possible. We assume no liability, especially if you are unable to use the app due to outdated operating systems or App versions. To update or maintain the app, we sometimes have to suspend operations for a time. We will try to keep this disruption to a minimum and preferably at low-traffic times.

4. User Generated Content (UGC)

You may share, generate, display, link, distribute (including posts) or otherwise user self-created (user generate) content (”UGC”) in the app.

You should carefully consider which UGC you distribute as this decision is final in many ways and cannot be reverted. If you post UGC in the app you thereby give us and/or other users of the app a license in such use pursuant to the Creative Commons Attribution-Noncommercial-Noderivs 3.0 Unported License.

We do not and cannot: (a) control the use of UGC by other users of the app and/or third parties; (b) prevent and/or prohibit the display, store, link, distribution, or other use of UGC by other users of the app and/or third parties once you have posted it; (c) we hereby expressively disclaim any liability for any use of your UGC by other users of the app and/or third parties.

You shall not publish any UGC in the app, or in connection with EL FÚTBOL which is:

• offensive,
• defamatory,
• libelous,
• obscene,
• pornographic,
• sexist,
• racist,
• false or misleading,
• otherwise illegal, unlawful, or immoral.

Any such use is a material breach of this agreement. in such cases, we reserve the right to remove any such content or to terminate the agreement.

5. Violation of Third-Party Rights

To the maximum extent allowed by applicable law, the app shall not be liable for content by users or other third parties. However, if you think that your rights (copyrights, trademarks, personal rights, etc.) are violated by content in the app you may send a notice to reportes.de.abuso@elfutbol.de setting forth:

• the rights your claim (with registration number in case of registered rights),
• the exact location where the allegedly violating content can be found (text, user, etc.).

We will review the issue and may remove or limit the content.

6. Intellectual Property Rights

EL FÚTBOL, El Fútbol app, and all copyrights, trademarks, and all other intellectual property rights related are owned by EL FÚTBOL UG (or its licensors, as applicable) and are protected by German and international copyright law, trademark, patent, and other applicable law.

Users shall have no ownership or intellectual property rights in the app, including, without limitation, all copyrights related thereto. The app is only for your personal use. This means that under no circumstances may you use it to do or promote business. Keyword influencing or sharing on social media platforms is forbidden.

Any use of the app beyond your personal use in your private environment for commercial purposes, serving people personally connected to you and/or other third parties, and any form of processing, editing, and/or duplication of the content and/or the offers/programs are all strictly prohibited. You are obliged to use the app only via an approved device.

You are obliged not to copy, record, or save the app and its content either in whole or in part (unless permitted as a feature of the App) or to redirect, forward, share, retransmit, record, or otherwise share the content in whole or in part with other persons or to allow, enable, or induce another person to do so. You may not modify, disassemble, decompile, or reverse-engineer the app.

You must not misuse the app or use it for unlawful or unauthorized purposes (including the transmission of viruses via the Apps or using the Apps in such a way that violates the rights of other people).

You may not attack the functionality of the app, such as sending spam, attempting to hack it, unleashing brute force attacks, or using/sending spy software, viruses, or worms. In addition, you may not decompile, develop, disassemble, access, or decrypt the source code of the app and the SDKs integrated into it; carry out modifications, adjustments, improvements, extensions, translations, or activities derived therefrom on the app; remove, obscure, or change any proprietary notices (including copyright and trademark notices).

If you violate these rules, we are entitled to give you a warning, temporarily block you, or, if necessary, even completely exclude you from using the app. We are also free to support the prosecution of criminal acts and pursue civil or criminal action about illegal content or use of the app. We are under no obligation to warn you or to notify you if we decide to delete your illegal content.

7. Free and Paid Version

The basic version of the app is free of charge but may be limited in several regards in the future. For more information on such limitations receive updates about upcoming releases and features.

The paid version of the app will be subject to the payment of a fee and might still include certain restrictions.

8. Term and Termination

The term of this Agreement (the “Term”) begins on the date on which you first download, install, or otherwise use the app and shall continue until terminated by this Agreement.

You can cancel the free version of the app at any time with immediate effect by deleting the app from your respective mobile device. We can terminate our contract with you for the use of the free version of the App at any time. You and we always have the right to terminate the agreement. 

9. Data protection

Information on the processing of personal data can be found in the Privacy Policy of the app.

10. Contact

You can contact us for any reason using the contact options available in the app or by writing to the email consultas.generales@elfutbol.de. Please provide all relevant details to help us to satisfy your request.

11. Applicable law

German law applies, and the place of jurisdiction shall be Cologne.

Update November 2022