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Terms of use for guest WiFi

1. Subject matter and scope of these Terms of Use

These terms of use regulate your and our rights and obligations in connection with the use of our guest WiFi access at the VR-Bank-Arena Magstadt

2. Our services

(1) We provide you with access to the Internet in and around the VR Bank Arena in the form of WLAN access (“hotspot”) for free use.

(2) The provision of the hotspot depends on our respective technical and operational possibilities. There is no entitlement to a functioning hotspot or a specific local coverage of the hotspot.

(3) Furthermore, we do not guarantee that the hotspot can be used without disruption or interruptions. We also cannot guarantee transmission speeds.

(4) We reserve the right to change, restrict or discontinue access to the hotspot in the event of necessary technical repair and maintenance work without prior notice.

(5) There is no entitlement that certain services can be used via the hotspot. In particular, port blocks can be carried out in this way. As a rule, surfing the Internet and sending and receiving e-mails are enabled.


3. Access and Use

(1) We only offer our guest WiFi for visitors to the VR Bank Arena. It is not a publicly accessible telecommunications service, but an internal WLAN for visitors and customers of our association.

(2) The prerequisite for use is that you accept the validity of these terms of use before you start using the hotspot. This is done when the hotspot is selected as a WLAN network in the end device via a registration form that can then be called up or a welcome page.

(3) There is no entitlement to use the hotspot. We are free to restrict or discontinue access to the hotspot at any time without giving reasons.

(4) The current version of these terms of use applies, which is made available to you when you register for the hotspot.


4. Access Data

(1) If you have provided login data (such as user name, password, e-mail, etc.) during registration, you must keep these confidential and not make them accessible to unauthorized third parties.

(2) If you have received registration data, you must ensure that access to and use of the hotspot with your user data takes place exclusively through you as the user. If there are facts that justify the assumption that unauthorized third parties have gained or will gain knowledge of your access data, you must inform us immediately.

(3) As a user, you are liable for any use and/or other activity that is carried out under your access data in accordance with the statutory provisions.


5. Your Obligations as a User

(1) You are obliged to truthfully provide any information you provide about yourself when using the service.

(2) You are obliged to comply with the applicable laws when using our hotspot.

(3) Other obligations arising from other provisions of these Terms of Use remain unaffected.


6. Prices

The service is provided free of charge.


7. Availability of Services

Since our services are provided free of charge, you have no right to use the hotspot. However, we strive to ensure that the hotspot can be used without interruption.


8. Prohibited Actions

As a user, you are prohibited from any actions when using the hotspot that violate applicable law, violate the rights of third parties or violate the principles of youth protection. In particular, the following actions are prohibited:

  • posting, distributing, offering and advertising pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;

  • publishing or making available content that insults or defames other participants or third parties;

  • the use, provision and distribution of content, services and/or products that are protected by law or encumbered with the rights of third parties (e.g. copyrights) without being expressly authorized to do so;

  • making copyrighted works accessible to the public or other acts that violate copyright law, in particular when using so-called “internet exchanges” or file-sharing services.

Furthermore, regardless of any possible violation of the law, the following activities are prohibited when posting your own content on the service provider's website and when communicating with other users (e.g. by sending personal messages, by participating in discussion forums, etc.):

  • the transmission of disproportionately large amounts of data and in particular the sustained transmission of such amounts of data;

  • hosting a web server or other servers by using a service provider's hotspot;

  • changing the default DNS servers in the network settings of the service provider's hotspot;

  • sending junk or spam emails or chain letters;

  • the spread of viruses, trojans and other harmful files;

  • the distribution of lewd, indecent, sexually oriented, obscene or defamatory content or communication as well as such content or communication that is/is suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (in each case explicitly or implicitly );

  • soliciting other users or third parties to disclose passwords or personally identifiable information for any commercial or illegal or unlawful purpose.

Also prohibited is any action that is capable of impairing the smooth operation of our hotspot, in particular placing a disproportionately high load on our systems.

9. Blocking of access

We can temporarily or permanently block your access to the hotspot at any time if there are concrete indications that you are violating or have violated these terms of use and/or applicable law or if we have another legitimate interest in the blocking.

10. Release from Liability

(1) As a user, you are responsible for all your actions that you take in connection with the use of the Internet via our hotspot.

(2) You shall indemnify us against all claims asserted against us by third parties due to a violation by the user of legal regulations, third-party rights (in particular personality rights, copyrights and trademark rights) or contractual obligations, assurances or guarantees, including costs the necessary legal defense (legal fees and court costs at the statutory rate) upon first request.

(3) In the event of the assertion of claims within the meaning of Section 10 Paragraph 2, you are obliged to cooperate immediately and fully in the clarification of the facts and to make the necessary information available to us in a suitable manner.


11. Limitation of Liability

(1) In the event of intent or gross negligence, we shall be liable without limitation for all damage caused by us.

(2) In the event of slight negligence, we shall have unlimited liability in the event of injury to life, limb or health.

(3) Apart from that, we are only liable if we have violated a material contractual obligation. In abstract terms, essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user can regularly rely. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage.

(4) Insofar as our liability is excluded or limited according to the aforementioned regulations, this also applies to our vicarious agents.

(5) Liability under the Product Liability Act remains unaffected.


12. Privacy

(1) We ensure that your personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and permitted by statutory provisions or ordered by law.

(2) In the event that declarations of consent under data protection law are obtained from you as part of the use of our services, we would like to point out that you can revoke them at any time with effect for the future.

(3) In order to provide the hotspot services for you, the use of personal data from your end device is required. In this context, the MAC addresses of end devices may also be temporarily stored. In addition, we may store log data (“log files”) about the type and scope of use of the services for 7 days. These data cannot be assigned directly to your person.


13. Final Provisions

(1) The law of the Federal Republic of Germany applies, whereby the validity of the UN Sales Convention is excluded.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

(3) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

Version 1.0.4 (status: 07/19/2019)

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