General terms and conditions of use (“Terms of Use”) of FC Bayern München AG for the use of the information services and services of the website https://fcbayern.com and the apps of FC Bayern München AG (together "Website").
The provisions in Part A "Terms of Use Website" apply to all users of the Website ("Users"), regardless of whether they have a myFCB account or not.
The provisions in Part B "myFCB Terms of Use" apply in addition to Part A to all Users who have registered for a myFCB account on the Website ("myFCB Users").
Part A: Terms of use "Website"
1. Scope of application
1.1 These Terms of Use apply to the use of the information services and services that Users can subscribe to and use on the website. These are information services and services of FC Bayern München AG, Säbener Straße 51-57, 81547 Munich, Germany represented by the Executive Board Jan-Christian Dreesen, Dr. Michael Diederich and Max Eberl (hereinafter referred to as "FCB" or "we").
1.2 Additional terms and conditions may apply to other services that Users make use of on the Website. For example, if you make a purchase in our store on the Website, our "General Terms and Conditions FC Bayern Store" also apply.
1.3 In these Terms of Use, the use of the term "User" or "myFCB User" refers to all genders and is to be understood as gender-neutral.
2. Register with myFCB
In order to use or subscribe to individual information services and services of FCB, the User can or must register. Registration in and use of the registered area of myFCB is subject to Part B: "myFCB Terms of Use" of these Terms of Use.
3. Rights of use of the user
3.1 Subject to the provisions of these Terms of Use, FCB grants the User a worldwide, non-exclusive, non-transferable and non-sublicensable license, limited in time to the period of online use, to use the Website and the associated functionalities for the intended purpose for the User's own personal use. Use of the Website for commercial purposes is prohibited.
3.2 Any further use of the Website is not permitted unless this is expressly agreed in these Terms of Use, otherwise permitted or results from mandatory statutory provisions. In particular, the User is not permitted to copy, rent, lend, sublicense or otherwise distribute, reproduce, make publicly accessible, edit or translate, arrange, reverse engineer or otherwise modify the Website or the information contained therein, in whole or in part, or to reproduce, distribute or use the results of such actions for the production of a competing product.
4. Quality standards
FCB endeavors to provide the services under these Terms of Use Website free of errors and without interruptions. However, an error-free and uninterrupted provision of services cannot always be guaranteed. In the event of errors or service interruptions or other reductions in quality, FCB will restore normal operation as quickly as possible.
5. Technical requirements
The Website is accessed by means of telecommunications. In order to use the Website, the user requires internet access, a terminal device, a web browser (for the website), an FCB app (for the app) and activation of JavaScript - in each case according to the current state of the art. Except for the FCB app, FCB does not provide any of the necessary hardware, software or other requirements.
6. Limitation of liability
6.1 FCB shall be liable without limitation in cases of intent and gross negligence. In the event of a slightly negligent breach of a primary obligation or a secondary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfilment of which is essential for the proper execution of the contract and on the observance of which the User could rely (hereinafter "material secondary obligation"), FCB's liability shall be limited to damages typical for the contract and foreseeable at the time of conclusion of the contract. FCB shall not be liable for the slightly negligent breach of ancillary contractual obligations that are not material ancillary obligations.
6.2 The above exclusions and limitations of liability do not apply to culpably caused damage resulting from injury to life, body or health, to liability for claims of the User based on the Product Liability Act or due to fraudulent misrepresentation or in the event of the assumption of a guarantee of quality. This does not imply a change in the burden of proof to the detriment of the User.
6.3 Item 6.1 and 6.2 of these Terms of Use "Website" apply accordingly to the FCB's liability for futile expenses.
6.4 The User is obliged to take appropriate measures to prevent and minimize damage.
6.5 The above exclusions and limitations of liability also extend to the personal liability of FCB's legal representatives and vicarious agents.
7. Data protection
Information on the processing of personal data can be found in the FCB privacy policy at www.fcbayern.com/datenschutz or in the privacy policy in the app. Information on the use of cookies on the Website can be found in the cookie settings.
8. Amendment of these Terms of Use
FCB is entitled to amend these Terms of Use at any time if necessary. FCB will inform the User of this in advance, e.g. when logging in, by e-mail or a pop-up. Changes to the Terms of Use generally require the User's consent. This does not apply to changes to the Terms of Use for the following reasons: To adapt to changes in legislation or case law or official requirements, further development of services within the scope of the user account and to introduce new services. In the event of changes for these reasons, the User has the option of objecting by e-mail to service@fcbayern.com or in writing within 30 days of receipt of the notification of change. If the User does not object in good time or continues to use the services and benefits to which the changes relate or have a direct influence after receipt of the notification of change, the amended provisions shall be deemed to have been accepted. FCB will inform the User of this separately in the change notification.
9. Alternative dispute resolution in accordance with the Consumer Dispute Resolution Act
FCB is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10. Applicable law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer in accordance with Section 13 of the German Civil Code (BGB) and has his habitual residence in a country of the European Economic Area other than Germany, he shall retain protection in accordance with the relevant provisions of his country of residence, which may not be deviated from by agreement.
11. For Users of the apps: Additional information for Users with Apple devices
11.1 Apple is not a contractual partner for the app. This contract of use is concluded between the User and FCB. Apple is not the contractual partner of the User for the app and FCB, not Apple, is responsible for the app content.
11.2 Apple does not provide support for the app. FCB, not Apple, is responsible for support and maintenance of the app.
11.3 Apple does not provide any guarantees. Apple, like FCB, does not provide any guarantees for the app. In the event of a warranty, Users would have the right to complain to Apple if the app does not comply with the warranty.
11.4 Apple is not liable for the app. Apple is not liable to Users for any claims arising out of or in connection with the use of the App. In particular, this also applies to claims under the Product Liability Act, any allegation that the App does not comply with applicable legal or regulatory requirements, and claims arising under consumer protection or similar laws. Users can find information on our liability in section 7 of the Terms of Use.
11.5 Apple is not responsible for intellectual property infringement. In the very unlikely and unknowable event that the App infringes a third party's intellectual property, FCB, not Apple, is responsible for such infringement, including the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
11.6 Users comply with legal requirements. By accepting these Terms of Use, Users represent and warrant that they are not located in a country that is subject to a U.S. embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and that they are not on any U.S. government list of prohibited or restricted parties.
11.7 Apple is a third-party beneficiary. Apple may enforce the terms of the user agreement against users as a third-party beneficiary. However, we believe it is very unlikely that this will ever happen.
Part B: Terms of use "myFCB"
1. Scope of application
1.1 After successful registration, FCB provides the myFCB User with a user account in the registered area ("myFCB area").
1.2 These "myFCB" Terms of Use govern the provision and use of the myFCB area and the services (some of which are mandatory) associated with the user account, in particular online stores, ticket stores and apps ("myFCB Services"). Additional terms and conditions may apply to the latter.
1.3 This Part B supplements Part A of these Terms of Use.
1.4 Registration is open to all natural persons who have reached the age of 18.
1.5 The myFCB User accepts these "myFCB" Terms of Use upon registration and concludes a contract for the free use of the services and benefits offered, including these Terms of Use ("User Contract"). In this respect, use is free of charge unless a separate contract with a fee is agreed (e.g. in the case of ticket sales or FC Bayern TV subscriptions).
2. Scope of the services and benefits offered
2.1 FCB provides myFCB Users with the following services and benefits, among others:
2.1.1 MyFCB Users can use the fan club functionality to set up and manage their own fan clubs or find fan clubs in the area.
2.1.2 MyFCB Users receive up-to-date and personalized news about FCB and their myFCB membership. These include, for example, news on news and functions relating to the user's myFCB membership, news on innovations in FCB's services and apps and news on exclusive competitions for myFCB Users.
2.1.3 In the Digital Ticket Center, myFCB Users can buy, view and manage tickets as well as book and manage stadium-related services such as parking or kiosk pick-up.
2.1.4 In the secondary ticket market, myFCB Users can offer their tickets for sale or buy tickets from other myFCB Users.
2.1.5 MyFCB Users can shop in the official online store of FC Bayern Munich.
2.1.6 MyFCB Users can combine an FC Bayern TV subscription with their myFCB profile and other services such as Allianz Arena parking tickets.
2.1.7 MyFCB Users can reserve or buy tickets in the official ticket store of FCB-Basketball.
2.1.8 MyFCB Users can store payment data for various myFCB services.
2.1.9 MyFCB Users have the opportunity to take part in exclusive competitions or other promotions.
2.1.10 MyFCB Users have the option of managing their FC Bayern München eV membership and Kids Club memberships.
3. Personalized marketing
3.1 If the myFCB User has separately consented, FCB will also provide registered myFCB Users with exclusive and personalized newsletters, push messages and content on the website and the FCB apps. Further information on personalized marketing is described in the corresponding consent text and our privacy policy.
3.2 FCB reserves the right to expand, change and/or improve the services offered at any time, provided that the changes are reasonable for the myFCB User, taking into account the interests of FCB. This is particularly the case if the changes are without economic disadvantages for the myFCB User, e.g. because new functionalities are introduced.
4. Registration, password and transferability of the user account
4.1 The myFCB registration on the website is sometimes mandatory in order to use or subscribe to individual information services and services of the FCB.
4.2 The myFCB User undertakes to provide the correct and complete data requested during registration, which must be kept up to date by the user in the event of changes. The myFCB user can update this information in the myFCB area under "MyFCB profile".
4.3 To prevent duplicate accounts, only one registration per user is permitted. If necessary, duplicate accounts can be linked or blocked by us.
4.4 The myFCB User undertakes to keep his/her login/password secret and not to pass it on to third parties. We would like to point out that FCB and/or FCB service employees are not authorized to ask the myFCB User for his/her password. If the User has forgotten his/her password, the User can set a new password using the "Forgot password" function.
4.5 If the myFCB User's password has been stolen or if he/she becomes aware that his/her password is being used illegally by a third party, FCB must be notified immediately via the feedback area or by e-mail.
4.6 The myFCB User account is personal and cannot be transferred to other persons.
5. Obligations of myFCB users
5.1 The myFCB User undertakes to comply with applicable laws and regulations and these Terms of Use when using myFCB.
5.2 In particular, the myFCB User is obliged to
5.2.1 refrain from taking any measures that jeopardize or disrupt the myFCB area or myFCB services or their integrity;
5.2.2 protect his/her myFCB login/password from access by third parties and not to pass it on to third parties;
5.2.3 not attempt to retrieve information without authorization or to attempt to interfere with the website or have it interfered with;
5.2.4 to the extent that it is possible to upload, post, send, receive or publish own content or links ("User Content") in the myFCB area or on myFCB services, not to publish any User Content that infringes the personal rights or intellectual property rights of third parties, such as copyrights, trademark rights, rights to a name, data protection or other protected rights;
5.2.5 scan User Content for malicious content using a state-of-the-art virus protection program before sending, uploading or publishing it;
5.2.6 unless otherwise agreed, upload User Content containing personal data relating to third parties only if applicable data protection law has been complied with, in particular if the third party has given the necessary consent and has been sufficiently informed and the third party is at least 16 years old;
5.2.7 not misuse User Content for advertising of any kind or other commercial interests or for calls for political protests;
5.2.8 not use any illegal, in particular criminal, pornographic, denigrating or personal rights infringing User Content; this also applies to harmful content such as viruses, Trojans and malware.
6. Rights to uploaded User Content
6.1 User content is solely attributable to the posting myFCB User. As this User Content is posted in real time, it is not possible for FCB to check the content in real time.
6.2 As soon as FCB becomes aware of obviously illegal content, FCB is entitled to delete this content without prior notice. This will be done in particular if a violation of section 4 of these "myFCB" Terms of Use. The same applies in the event that FCB receives an official or court order to remove such content or undertakes to refrain from doing so in order to avoid legal proceedings against a third party. In other cases in which there is reasonable suspicion of an infringement, FCB may delete the content to avoid further damage and initially block the User until the infringement has been remedied and - in the event of a repeated or irreparable infringement - terminate the myFCB User Contract without notice. Further legal obligations of FCB apply in addition.
6.3 The myFCB User consents to the use and publication of the User Content on the FCB websites or in myFCB services.
6.4 By uploading the respective User Content, the myFCB User grants FCB the worldwide, transferable, sublicensable and non-exclusive right to use the User Content as intended for a period of three calendar years after the end of the User Contract. This includes, among other things, the right to copy, convert, reproduce, distribute or make available to other users of the website, to modify User Content - provided that such modifications do not deprive the User Content of its intended effect or falsify the User Content.
6.5 FCB hereby accepts the granting of these rights. The myFCB User is responsible for ensuring that the User Content is granted free of third-party rights and that the rights of third parties do not conflict with the use of the User Content by the FCB.
7. Contract duration
7.1 The myFCB User can terminate the myFCB User contract at any time with immediate effect without giving reasons. To do so, the myFCB User can send an e-mail to service@fcbayern.com.
7.2 FCB may terminate the myFCB User contract with a notice period of six (6) months to the end of the month without giving reasons.
7.3 The right of each party to extraordinary termination remains unaffected.
7.4 After termination of the User Contract, the user account will be deleted and User Content will be removed from the Website. Users are responsible for creating any back-ups of their User Content in good time before the end of the User Contract.
7.5 FCB may discontinue the myFCB area at any time. FCB will inform myFCB Users of the discontinuation by e-mail.
7.6 The discontinuation of myFCB or the termination of the User Contract has no influence on purchases made via myFCB services. Insofar as active services (e.g. tickets or parking tickets) are still connected at the time of termination of the contract of use after termination of the contract, FCB will provide the User with the necessary tickets or proof of purchase upon request. If there is a prepayment balance in favor of the user for an FC Bayern TV subscription at the time of termination, FCB will refund this to the User after termination of the contract.
Status: December 2024