Softobis IT development GmbH (operating company of this website)
Perfect 11 Soccer (Website)
Albertgasse 43, 1080 Vienna
http://www.p11s.net

As per: 29.11.2007

 

A. General Terms

 

A.1. Area of application

(1) These Terms of use regulate the use of „Perfect 11 Soccer“, an Online Gaming Site operated by Softobis IT development as well as the Contents and Services offered therein. These Terms are also valid for content, which the users exchange or make available on the site via e-mail, Text message, Board postings or Chatroom messages or exhibit on the site (for example via pictures upload), in the following called „User generated content“, as well as the participation in tournaments and sweepstakes; as well as the winning of prizes that is connected with the participation in tournaments and sweepstakes.

(2) The user is confirming his knowledge and acceptance of the Perfect 11 Soccer Terms of use during the registration process via the selection of „I accept the Perfect 11 terms of use“ and clicking on the „proceed“-button.

 

A.2. Subject and coverage of the services

(1) Softobis IT development Ltd. (in the following called „operator“) is offering a gaming platform on the website www.p11s.net (in the following called „website“ or „Perfect 11 Soccer“). This platform is enabling the user to participate in games without the use of money.

(2) The user can participate in the offered games via his distinctive user name. Softobis IT development is reserving the right to activate and make available to the user certain functions only after a certain time and/or the verification of his appropriateness to use these features and/or services.

(3) The operator is reserving the right, to expand or modify the range of services regularly. The additions, improvements, extensions and modifications will be announced in the news section of the Website „Perfect 11 Soccer“.

(4) Softobis IT development Ltd. will not guarantee the constant availability as well as the problem-free operation of the offered services, however, the operator will, within reasonable effort, try to fix potentially surfacing and localised faults and problems.

(5) The operator will examine vi random samples, the correctness of the indicated Rank list and result data, but can however deliver no warranty for the absolute correctness of the indicated data. The operator reserves the right incorrect to later correct faulty data and game results as well as remove individual users offending the terms of use, from the ranking lists.

(6) The operator is offering free email support to the users as well as a support hotline, where the users are liable to pay the costs. There is no entitlement to the constant availability of the hotline. The rates for the hotline are displayed on the Website.

(7) Additional free services exceeding this do not become a component of the owed services and can be reset at any time.

 

A.3. Beginning of the contract and duration of the contract

(1) Through the successful conclusion of the registration procedure the contract between users and operators over the use of offered services on „Perfect 11 Soccer “ is entered on both sides.

(2) The registration contains among other things the following data the user has to fill out correctly and completely:

• Personal and confidential alias ("Username"/"Nickname")
• Password
• First and surname
• Email address
• Age and date of birth
• Sex
• Country

The operators are entitled to exclude the user from acessinng the offered services, should he register with incorrect information and to refuse prizes won.

(3) Every natural person may be represented only with a single account on Perfect 11 Soccer.

(4) Both contracting parties can end the contract at any time with immediate effect without indication of reasons to exit. The user sends an email with the subject „delete“, including his Username and account password to support@softobis.at, whereupon the User data associated with the account mentioned will be deleted.

 

A.4. Guarantee

(1) The operator will not guarantee for the offered services being always accessible, that the indicated content is are correct fact wise as well as that the user data stored in the data base will always remain valid. The user is not entitled to the adherence to certain answer periods on behalf of the support.

(2) In particular the operator does not have influence on the quality of the network connection of the user, and can also not guarantee that the offered games will function error free on every computer.

(3) Unforeseeable events like acts of god, official measures, outbreak of war, local and national power failures, etc. relieve the operator of the obligation to perform. The operator will see to eliminate such disturbances at reasonable expenditure as soon as possible.

 

A.5. Terms of use

(1) Abusive behavior on Perfect 11 Soccer is forbidden. This is present in particular if:

• The rules for communication between players are offended. (see point A.5.7)
• Incorrect or misleading information is given intentionally.
• The slightest attempt is made to manipulate the outcome of games by arrangements, program interferences and other prohibited means.
• Malfunctionings and disturbances that are caused intentionally, in order to affect the process of a play.
• Several user accounts („Game accounts“) for the same individual are created.
• Attempts are made to advance in the rank lists using unfair means.
• Other regulations contained in these terms of use are offended.

This list is not finally written and can be extended at any time. The operator informs the user about any changes by email, whereby it is incumbent on the duty of the user to exercise diligence and to check depending on the basis of the general terms and conditions that are valid in each case, and which are displayed on the Perfect 11 Soccer of website, accessible via the cross reference („link“) „Terms of use“, to make sure whether he offended conditions.

(2) The user will not undertake any attempts to decompile software used the in " Perfect 11 Soccer" game software or to develop software that intervenes with Client -server -communication.

(3) It is forbidden to use any kind of software programmes which allow the application of artificial intelligence. Under this ban falls software, which allows it to create profiles of users as well as software which allows confidential arrangements between players. Besides the ban refers to any software which is classified by the operating authority as a programme, to cheat a fellow player or helps to create an unfair advantage towards the player. The operating authority reserves the right to initiate, when required, the necessary steps to uncover the application of such software by players before their use to prevent it from happening. This includes, provided that it is realizable, the identification or localisation of currently installed programmes on the computer the player uses, or the construction of a profile of the player's behaviour for investigation purposes. Should the operator ascertain the application of forbidden software, the operator reserves the right to block the account of the respective player, for a minimum duration of six (6) months and to exclude the player from the use of the services of Softobis IT development Ltd and all its web pages.

(4) Moreover The user guarantees to hold the operator in case of an offence against Austrian or international laws (in particular to the Telecommunications Act, the media law, the ban law, the pornography law, the Copyright Act, the Criminal Code), the operating authorities non responsible and free of any legal disadvantage or damage which may originate from content transmitted by the user.

(5) The user undertakes to protect his access information against unauthorized use by a third party. In particular the password may not be transmitted. The user is liable for offence and abuse by unauthorized third parties.

(6) The user expressly explains that he agrees with the ranking list formula like it is explained in the help segment of the „Perfect 11 Soccer“ Website. The operator reserves the right to change the ranking list formula or the ranking list system subsequently and in this regard to also change the points of the users represented in the ranking list. The user is not entitled to points which were not awarded to him, for example, on account of a system failure.

(7) The users expressly accepts that the ranking lists cannot show the actual play strength, because each of the offered games can contain a luck factor. The operator assures that the game process is in no manner manipulated by the operator.

(8) The user is liable to make sure that the contents created or uploaded by him do not violate legal regulations or rights of third parties. The user particularly obliges himself to respect the privacy of the other participants, to to refrain from racist, xenophobic or other discriminatory, pornographic or sexually degrading remarks or actions including any that may harm the reputation of others and cause damage to businesses in any way as well as threats and annoyances.

RULES:

Also not permitted are:

• Das Distributing advertising.
• Holding surveys.
• The distribution of chain letters.
• Looking for person-related data of other users without their expressed consent.
• The distribution of viruses and worms etc. and other influencing of computer systems and programs belonging to other users.
• Messages which exclusively serve the distribution of religious, political, ideological beliefs.
• The disturbing of other users via the entry of senseless Character sequences in board entries and chat news etc.
• The deliberate blocking of games and communication processes in any way.

(9) Sanctions against abuse: In the case of improper behavior of a player the operator reserves the termination of the contract without prior notice. The operator has also the right to stop ongoing games and to close the account of the user with or without a previous notification. Also see: RULES

 

A.6. Competitions and prizes

(a) Tournaments and competitions provided by the operator

(a1) Competitions or tournaments which take place on "Perfect 11 Soccer" can be subject to participation restrictions provided that this is announced explicitly on the web site. There is no claim to participation.

(a2) If there are prizes to be won at a game or tournament, this will be announced beforehand on the web site. The description of the prizes also contains the special delivery terms provided that this is required. The operators reserve the right to change the prizes without a previous announcement. The player who is declared as the official winner by the operators after completion of the game is regarded as winner of a game or tournament.

(a3) The player is informed by the operators via e-mail, if necessary, with an announcement of the prize won. The operators are authorized to deprive users of prizes won due to the possible exploits of game conditions without prior notice. Every process of law is excluded.

(a4) The winner has to inform the operators about whether he wants to receive the prize within four weeks as of the notification of his winning the prize in writing. If this is the case, then he has to confirm his living address for the delivery of the prize.

(a5) Material prizes can be neither taken back nor exchanged for cash. Within eight weeks, the prizes are sent to the living address that was specified by the winner upon registration and confirmed in the course of the winner notification. The receiving of prizes is left up to players who, at the time of the registration with "Perfect 11 Soccer", have their proper place of residence in Germany, Austria or Switzerland.

(a6) The acquisition of prizes is forbidden to employees of the operator or sponsors as well as members of their family.

(a7) If the receiving of presents due to the participation in games is forbidden completely or partly in a state due to existing laws, a prize cannot be granted for players who have their proper place of residence in this state.

(b) User tournaments

(b1) If the user satisfies the rules of Perfect 11 Soccer in accordance with the corresponding prerequisites, he will be given the possibility to host tournaments of his own.

(b2) Eligible for user tournaments in any case are the users registered in the friend list of the host . Provided it was not specified differently by the operator, this eligibility extends if necessary to all users registered on the Perfect 11 Soccer web site.

(b3) The number of tournaments which every user may organize per game and/or time period can be limited by the operator. There is no claim to the hosting of tournaments.

(b4) The hosting of real prize tournaments (both material and cash prizes) by users without consent of the operator is forbidden.

 

A.7. Liability

(1) The operator and/or his vicarious assistants are only liable for damages outside the application of the product liability law, provided that firm intention or gross negligence can be proved against them in accordance with the legal regulations. The liability for slight negligence, the replacement of profits having been lost, data having been lost, interest losses and fortune damages, not obtained savings, and of damages from claims of third parties against the user is excluded.

(2) The operator does not assume any liability that the web site or the games are functioning completely or partly without interruption, containing no programming errors and/or that noticed errors will be corrected. Furthermore the operators aren't liable for damages to the computer hard and/or software of the users caused by interaction with the web site and/or the servers which have access to these components and will also not assume liability that the website and/or the servers contain no viruses or other damaging components.

(3) The operator does not assume any liability for faults in connection with entry, assignment and evaluation faults as well as for content, completeness and correctness of data transmitted of requested. The operators particularly reserve the right, to subsequently correct obvious errors that have occurred upon entry respectively upon evaluation of results, odds.

(4) The operator does not assume any liability for damages of any kind, caused by improper use of the user account by the user or third parties.

(5) The operator does not assume any liability for potential or actual winnings. The same also applies to game rounds or tournaments terminated prematurely.

(6) The operator does not assume any liability for all circumstances which are beyond his reach of influence (acts of god etc.).

(7) The operator is not liable for user contents of any kind (uploaded, generated, linked or otherwise), however, he reserves the right to delete contents which violate his terms and conditions or legal regulations as soon as he becomes aware of any and to forward the according information to the authorities upon request or due to a court order.

(8) The user is obliged to hold the operators in the case of a violation of these general Terms and Conditions harmless and to reimburse the operators for all consequent claims of third parties and replace all losses and damages consequently incurred upon the operator.

 

A.8. Data Privacy

(1) The user assigns, if not agreed differently upon, the expressed consent to the use of the data indicated in the registration to the operators. Concerning the treatment of the data of the user the operators observe the appropriate legal data protection regulations. The data is processed automation supported and not passed on without a written consent of the participant.

(2) The operator is authorized, to store and to evaluate connection data, particularly source and destination IP and all other logfiles for the protection of his computers and those of third parties. In addition, the operator is authorized to keep usage statistics not directly connected to actual persons. Otherwise the storage and evaluation of data is only carried out as far as this is necessary for the fulfilment of the services.

Person related data of the user are kept, processed and used by Softobis IT Development Ltd., without the further expressed consent of the user, only for purposes regarding the fulfilment of contracts including the processing of invoices as well as the administration of competitions in which the user has taken part in provided that Softobis IT development Ltd. is not obliged disclose this information due to legal regulations. This can mean that on some occasions, due to the necessary process of a competition, the partner enterprises carefully chosen for the sponsoring of competitions, will receive user related data transmitted by Softobis IT Development Ltd. in order to be able to ship prizes or supply the user with necessary information in connection with the receiving of the prize.

The data registration, usage and processing thereof is carried out electronically. Softobis IT Development Ltd. however reserves, the right to also draw the attention of the user to further games as well as relevant offers of Softobis IT Development Ltd. and relevant partner offers without an expressed consent in the context of the legally permitted field of application as well as by electronic communication if the user hasn't objected this. This can also contain the sending of newsletters co-created together with relevant partners provided that the user has not objected this upon registration on our games platform.

The user has the possibility of objecting this at any time without additional costs save for the costs arising for the conveyance of the objection according to the arising rates for the internet connection used in connection with this process. For purposes of advertising, market research and the arrangement of the services adapted to the needs of the users, Softobis IT Development Ltd. creates usage profiles with the use of pseudonyms. The user has the right is to object this processing and use of his data at any time.

Softobis IT Development Ltd. will immediately upon his request give the user information about the data saved in connection with his person or to his pseudonym free of charge. As a rule, this information is submitted electronically. Softobis IT Development Ltd. may transmit the necessary accounting information of the user as well as the user data necessary for the administration of competitions to other service providers and third parties, as far as it is required for the determination of fees or necessary for the completion of an invoice as well as the administration of competitions. The person-related date will be used by Softobis IT Development Ltd., without a further expressed consent, only for purposes of processing of contracts including the completion of invoices as well as the administration of competitions provided that Softobis IT Development Ltd. is not obliged to disclose any data thereof due to legal reasons. The data registration, use and processing are carried out electronically. The objection to this has to submitted electronically in the form of an e-mail message with the subject " Objection—User data" or "deletion". Upon receipt of this message the user account is closed respectively the data not absolutely necessary for the continuance of the user account of this user is removed from the user account.

Softobis IT Development Ltd. particularly likes to call the attention of the user to the fact that the protection of data privacy and data security cannot, at least at the present stage, be ensured due to functions of the necessary technology used for data transmissions in open networks like the Internet. The user is confirming upon notice of the terms and conditions of Softobis IT Development Ltd. that he is absolutely aware of the fact that his Internet service provider or the Internet service provider of Softobis IT development can, technically, access any number of sites saved on one or several web servers and possibly additional user data that was saved there, at any given time.

Also other users of the Internet might, under certain circumstances, technically be able to intrude on the net safety in an unauthorized fashion and be able to check and/or record the message traffic. The user himself provides the safety and safeguarding of the data which is transmitted by him to the Internet and saved on web servers on a full scale.

(3) The operator uses "cookies" to adapt the web page to the needs of the users and to make it possible to recognize particular users upon their next visit of "Perfect 11 Soccer". These cookies do not include any person-related data. The user agrees to use of cookies by the operator.

(4) The operator seizes every technically possible measure to protect the user data saved on his servers but is not liable, however, if third parties take this data in an unauthorized fashion and continue to use in an in an illegal way. The assertion of damages from such a connection by the contract party or a third party opposite the operator is excluded by mutual agreement.

(5) The user can view his saved person-related data through access to his user preferences at any time.

(6) The user has the right to change or to delete the details concerning him at any time. The operator obliges himself to actually delete data if the deletion was requested. A deletion of the accompanying game account is automatically connected to deletion of the mandatory data in the account registration.

 

A.9. Other regulations

(1) The user will be informed about Changes of the general business regulations and the terms and conditions via e-mail. The changes are regarded as accepted if the user does not object against them within two weeks. The user is made aware of this consequence upon the announcement of the changes. The objection is regarded as a cancellation and consequently makes the deletion of the according user account necessary.

(2) All communications and explanations concerning this contractual relationship are only valid when they are submitted in writing or by e-mail.

(3) The user will report changes of his name as well as every change of his address or his electronic mail address to the operators of the web site by correction of his user data at the latest within a month as of the change. If the customer does not announce such changes and therefore does not receive legally meaningful explanations of the operators at the address or electronic mail address that was last specified by him, these explanations are never the less regarded as received. This also applies to the sending of prizes from tournaments or competitions.

(4) Every player appreciates the exclusive (intellectual) property of the operator in regard to these terms and conditions upon his registration at "Perfect 11 Soccer".

(5) This contract also remains, even with a legal ineffectiveness of single regulations and conditions, effective in the remaining parts. This is not valid if in this case the adherence to the contract would represent an unreasonable hardness for a contract party.

(6) All legal relations and actions between the operators and the user are subject to Austrian law. Place of performance for all obligations arising from the supply is Vienna. Place of jurisdiction for possible disputes is the Austrian court locally and relevantly responsible for Vienna as far as legally permitted.