§ 1 Scope, Amendment of the ToS

1. These ToS are published on the game's websites (in particular at www.onlinefussballmanager.de) and during the sign-up process via widgets. They can be printed and saved to a storage medium. They will also be sent on written request.
2. The ToS apply to all users of OFM. By registering, the user accepts them as binding. Any general terms of the user are expressly rejected. Terms of the user are only binding if OFM GmbH has expressly agreed to them in writing.
3. In addition to these ToS, the game rules ("OFM Rulebook") published on the OFM website apply in their respective current version.
4. OFM GmbH reserves the right to amend these ToS for the future, where this is necessary and the legitimate interests of the user are not unreasonably affected. The need for amendments may arise in particular from adjustments to changes in legislation or case law and from the further development of the OFM product, for example in the form of expanded game features. Such amendments will be communicated to the user in an appropriate manner, with the changes highlighted, by e-mail four weeks before they are scheduled to take effect. In addition, a highlighted notice will usually be displayed on the next login, on the OFM start page and in the OFM forum. At the same time, OFM GmbH will grant the user a reasonable period of at least four weeks to declare whether the user accepts the amended ToS for the continued use of OFM. If the user does not object to the amended ToS within this period, calculated from receipt of the announcement e-mail, the amended or supplementary ToS shall become effective. OFM GmbH will draw particular attention to this legal consequence (i.e. the possibility of objection, the deadline, and the legal consequences, especially of a failure to object) when notifying the user of the changes at the start of the period. This amendment mechanism does not apply to changes to the main contractual obligations of the parties.

§ 2 Services of OFM GmbH

1. The service of OFM GmbH consists of providing OFM with an average annual availability of 98%. This excludes downtimes announced in advance due to necessary system maintenance.
2. OFM is a service that can be used free of charge with a Basic Membership. Certain features may, however, be reserved for users with a separately purchased fee-based Premium Membership (§ 4) or may only be unlocked by spending the in-game currency ("Kixx") (§ 5).
3. The user only obtains the right to use the functions of OFM within the framework of their actual availability. Changes to OFM or its game features may become necessary in order to develop and improve OFM and to keep it interesting and varied for the largest possible number of users. Except where the use of specific features has been contractually agreed within the framework of the Premium Membership or the use of Kixx, there is no entitlement to the use or unchanged retention of specific features of OFM.

§ 3 Basic Membership

1. By completing the registration form on the OFM website ("Registration"), the user submits a binding offer to conclude a contract, i.e. to open an account within the framework of a free Basic Membership. Registration requires that the user is either of legal age, or has reached the age of 7 and the legal guardians have consented. By submitting the registration form, the user warrants that all data fields of the registration form have been completed truthfully and completely and that they are either of legal age or have reached the age of 7 with the consent of their legal guardians.
2. Alternatively or in addition to the registration via the OFM website described above, OFM GmbH may also enable registration via the user's accounts on other platforms, in particular Facebook. With the user's consent, personal data of the user is transferred from the operator of the respective other platform (i.e. for example Facebook, Inc. and/or any affiliated company and/or legal successor of one of those companies) (together "Third Parties") to the provider. The use of this registration mechanism requires sign-in with the respective Third Party. In this case, the provisions of these ToS apply accordingly to the conclusion of the contract. In particular, the user warrants pursuant to § 3.1 of these ToS that the data stored with the respective Third Party about the user's identity is true and complete.
3. The contract between OFM GmbH and the user regarding the Basic Membership is concluded upon acceptance of the application for account opening by OFM GmbH. Acceptance may be made expressly or through the first act of performance by OFM GmbH. An act of performance is the activation of access with the chosen user data. Receipt of the application to open a game account will be confirmed by OFM GmbH without delay electronically to the e-mail address provided by the user. The confirmation of receipt does not constitute a binding acceptance of the user's application. The confirmation of receipt may, however, be combined with a declaration of acceptance. There is no entitlement to the conclusion of a user agreement.
4. The Basic Membership is concluded for an indefinite period. Termination is governed by § 11.

§ 4 Premium Membership

1. By purchasing a Plus package, the user converts their Basic Membership for a limited period into a Premium Membership and thereby acquires the right to use an extended functionality of OFM during the term of the Premium Membership, in accordance with the service description applicable at the time of purchase of the Plus package.
2. No further claims can be derived from a Premium Membership.
3. A Premium Membership runs for the chosen period and does not automatically renew once it expires.
4. Upon termination of a Premium Membership, any amounts paid in advance for the Plus package / Premium Membership that have not been used up will be refunded. No refund is made for Premium Memberships granted free of charge (for example as part of promotions).

§ 5 In-game Currency Kixx

Users may purchase units of the virtual in-game currency Kixx both as part of the Basic Membership and as part of the Premium Membership. This virtual currency is not a means of payment, and exchanging or trading Kixx for real money is prohibited. Kixx merely serve as a unit of account for the scope of usage rights regarding certain fee-based features of OFM. When certain features of OFM are used, Kixx are consumed. The user is informed of this before using the feature and must explicitly confirm the use of the feature. The contract for the purchase of Kixx is fully performed once the number of Kixx purchased is stored in the player's account.

§ 6 Conclusion of Contract and Payment Terms for Premium Memberships and Kixx

1. Within OFM the user can order Plus packages and Kixx by selecting the desired offer and the desired means of payment on the relevant shop page and clicking the order button. Before the final submission of the order, the user is shown a summary of their entries. Any input errors can be corrected by clicking the Back button.
2. The available means of payment depend on the chosen services and are displayed directly in the shop.
3. Both Plus packages and Kixx can be purchased by the user, by selecting the corresponding options during the purchase process, either for themselves or for another user or as a voucher for later redemption. Vouchers are limited in time and can only be redeemed up to the end of the third full year following the end of the year in which they were issued.
4. In the case of payment by advance transfer, the contract is deemed concluded with the first act of performance by OFM GmbH. If the user pays by other payment methods, in particular direct debit or credit card, OFM GmbH is entitled to demand payment in advance. The fees are due upon entry of the bank account or credit card details or other data necessary for using the payment method. With the first act of performance by OFM, the user agreement is deemed concluded. An act of performance is, in particular, the execution of the order by converting it into a Premium Membership or by topping up Kixx in the respective account. Receipt of the order is confirmed by OFM GmbH electronically and without delay in the logbook of the manager office in the user's account. The confirmation of receipt does not constitute a binding acceptance. The confirmation of receipt may, however, be combined with a declaration of acceptance.
5. If chargebacks or cancellations arise for OFM GmbH due to conduct for which the user is responsible, the user shall bear the resulting costs for OFM. In this case OFM is entitled to collect these costs together with the original fee from the user's bank account or credit card.
6. In the event of default, OFM GmbH is entitled to suspend the services and to immediately block the user's account. The user's obligation to pay the agreed fee remains unaffected.

§ 7 General Obligations of the User

1. The use of OFM is permitted only in accordance with these ToS and the supplementary game rules ("OFM Rulebook").
2. Each user is allowed only one account per game world. If several users play from the same IP address, this must be disclosed to OFM GmbH. The relevant form in the game ("Manager Office") can be used for this. Friendly matches and transfers between such users are prohibited in the absence of an IP notification. A violation of this provision can lead to the immediate blocking or deletion of all accounts of the user(s) concerned.
3. The user is responsible for keeping the password chosen for access secret and should change it regularly for security reasons. There is no entitlement to restoration of game data if the user's account is hacked without fault of OFM GmbH. The user shall inform OFM GmbH without undue delay if they have any indication that a third party has obtained knowledge of their access data.
4. OFM GmbH merely provides a platform for communication between users. The user is solely responsible for the content of this communication and any content they upload. The user may not use the communication platform for content that is unlawful or infringes the rights of third parties. In particular, the user undertakes not to transmit or upload any racist, pornographic, provocative, glorifying violence, defamatory or otherwise offensive or prohibited content. The user warrants that all content uploaded by them is free of third-party rights and in particular does not infringe the copyright or personality rights of third parties. The user shall indemnify OFM GmbH against all damages and costs incurred by OFM GmbH as a result of a culpable (i.e. intentional or negligent) breach of the obligations under this paragraph 4 by the user. OFM GmbH reserves the right to block or delete user content at any time if there are specific indications that the content violates these ToS, the OFM Rulebook and/or applicable laws.
5. The use of OFM for commercial purposes is excluded. In particular, users may not use the communication options and user profiles within OFM for advertising communications.
6. The user is only entitled to use the game via common web browsers. Any further use of additional programs, scripts or other aids is expressly prohibited.
7. It is prohibited to exploit programming errors (so-called bugs) for one's own advantage. Likewise, no measures may be taken that lead to excessive server load or otherwise significantly impair gameplay.
8. OFM GmbH expressly distances itself from the content of any external websites accessible via links on the pages of the game or the forum. OFM accepts no liability for such content or pages.
9. OFM GmbH reserves the right to terminate the membership and to delete or temporarily or permanently block accounts if the user violates these ToS or the game rules ("OFM Rulebook") and does not cease the violation despite warning. A warning is not required for such serious violations where immediate termination without warning appears justified after weighing the interests of OFM GmbH and the user.

§ 8 Grant of Rights to User Content

The user hereby grants OFM GmbH the non-exclusive (simple), geographically unrestricted right to use all content uploaded by the user for the duration of this agreement within the framework of OFM for the purposes of this agreement. This also includes all technically necessary modifications of the content (such as resizing, compression or conversion to other file formats).

§ 9 Liability

1. To the extent that OFM GmbH provides services free of charge, it is liable only for intent and gross negligence.
2. To the extent that OFM GmbH provides services for a fee, it is liable conclusively as follows:
   1. For damages arising from injury to life, body or health which result from an intentional or negligent breach of duty by OFM GmbH or its vicarious agents, as well as in the case of the assumption of a guarantee — expressly designated as such — and in the case of mandatory statutory liability, in particular under the Product Liability Act, OFM GmbH is liable without limitation.
   2. Otherwise, OFM GmbH is liable only for intent and gross negligence, including that of our vicarious agents, unless a duty is breached, compliance with which is essential for the achievement of the purpose of the contract and on whose fulfilment the user may therefore regularly rely ("Material Contractual Duty"). In the event of a breach of a Material Contractual Duty, OFM GmbH is also liable for slight negligence. In this case, however, liability is limited to the foreseeable damage typical for the contract. Otherwise OFM GmbH is not liable for slight negligence.
   3. The provisions of this § 9 extend to damages in addition to performance, damages in lieu of performance and the claim for reimbursement of futile expenses, irrespective of the legal basis, including liability for defects, default or impossibility.
   4. The limitations of this § 9 also apply for the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
3. OFM GmbH does not adopt as its own any third-party content uploaded by users. Should it obtain knowledge of unlawful content, it will delete such content.

§ 10 Data Protection

OFM GmbH collects, stores and processes personal data of the user exclusively in accordance with applicable law. Further details can be found in our privacy policy.

§ 11 Termination; Account Dormancy

1. The user has the option to ordinarily terminate the Basic Membership at any time via the support ticket system on the OFM website. OFM GmbH may ordinarily terminate the Basic Membership at the end of each season. A season comprises 35 full days (5 calendar weeks).
2. Ordinary termination of the Premium Membership is excluded.
3. The right of the user and of OFM GmbH to terminate Basic and Premium Memberships extraordinarily for good cause remains unaffected. The user may only terminate the Premium Membership in writing, i.e. by signed letter to OFM GmbH. OFM GmbH has the right to extraordinary termination in particular in the cases referred to in § 7.9.
4. The contractual relationship between the user and OFM GmbH ends with the expiry of the notice date specified in the termination, or, if no date is specified, with immediate effect upon receipt of the termination. For technical reasons, the final deletion of the team takes place only at the end of a season. Until the end of the season the team will therefore participate in all matches, but once the termination becomes effective the user no longer has any influence on the team. If the user demonstrates a legitimate interest, they may request that the team also drops out during the current season after termination, unless OFM GmbH can otherwise accommodate the legitimate interest.
5. As an alternative to termination, the user may also have their account become dormant at any time. The user can configure this themselves via the corresponding function in their profile settings on the OFM website. If an account is set to dormant, the football team created with the account is deleted at the latest at the end of the season. Any Kixx and other entries and settings of the user are retained. The user can reactivate the account at any time by logging in with their old access data and creating a new football team. Inactive users (no login for at least 1 full season) are automatically set to dormant at the end of the relevant full season.

§ 12 Right of Withdrawal

Right of withdrawal:

You may withdraw your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and not before fulfilment of our information obligations under Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations under § 312g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the withdrawal is sufficient to comply with the withdrawal period. The withdrawal must be addressed to:

OFM Studios GmbH
Stolberger Str. 321a
50933 Cologne
Germany
E-mail: support@ofm.gmbh

Consequences of withdrawal: In the event of an effective withdrawal, the services received by both sides must be returned and any benefits derived (e.g. interest) must be surrendered. If you cannot return or surrender the service received, as well as benefits (e.g. advantages of use), or only in part, or only in a deteriorated condition, you must compensate us for the loss of value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period until withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration, for us with its receipt.

Special notes: The right of withdrawal expires early if the contract has been fully performed by both sides at your express request before you have exercised your right of withdrawal.

End of withdrawal instruction

§ 13 Final Provisions

1. These ToS and all contracts concluded on their basis (in particular Premium Memberships) are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods does not apply.
2. Any amendments, supplements or cancellations of this contract require the written form.
3. Should individual provisions of the ToS be or become wholly or partly invalid, or should the ToS contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory provisions shall apply in place of the invalid or missing provisions.

Cologne, 10 August 2017