1.2. Neither deviations from these terms and conditions nor supplementary regulations, in particular, general conditions created by the user, are recognized by 11Heroes and these will only form part of the contract if this has been confirmed by 11Heroes in writing.
1.3. 11Heroes reserves the right to change these terms and conditions at any time. Should these terms and conditions be changed, the new terms and conditions will be made available on the website under the heading general terms and conditions. The continued use of our services after a change or changes to the terms and conditions is held to express agreement with the change(s).
2.1. To make use of all the services of website, the user has to select an individual user name and password. It is the sole responsibility of the user to keep their password secret in order to prevent abuses.
2.2. The user is not allowed to select an inappropriate user name (such as an offensive or deceptive username). In case an inappropriate username id chosen, 11Heroes reserves the right either to delete the user account or to request that the user chooses another user name.
2.3. The user account must be linked to a valid, personal e-mail address. At the sole discretion of 11Heroes, a user may be deleted without warning if their account was registered with a third-party or temporary e-mail address.
2.4. By agreeing to these terms and conditions the user guarantees that he/she has is at least 18 years of age at the time of registration. 11Heroes reserves the right to request appropriate documents to verify the age and identity of a user. In addition, 11Heroes reserves the right to close down an account until the user has submitted the appropriate documents to prove their age and identity.
2.5. It is the responsibility of each user to ensure that the laws of their home country allow registration on the website.
2.6. 11Heroes reserves the right, at its sole discretion, to delete any contribution from any user without giving a reason.
2.7. 11Heroes further reserves the right to reject registration on the website or to terminate the membership on the website at any time.
3. The web site and the use of services
3.1. 11Heroes assumes no responsibility for the actuality, correctness, completeness or quality of the information provided. Specifically 11Heroes does not guarantee that the content of this website complies with the requirements, expectations or preconceptions of the user. Any use of the website is at the user’s own risk. The user hereby acknowledges that information or services on the website may contain errors and that 11Heroes disclaims all liability therefore to the extent permitted by law.
3.2. 11Heroes does not guarantee that its website will always operate properly or that it will be continuously operational and accessible. Specifically 11Heroes is not liable for disruptions in the quality of access to the website due to force majeure or due to events for which 11Heroes is not responsible. Furthermore 11Heroes is not liable for the unauthorized acquisition by third parties of users’ personal data (for example by “hackers” gaining unauthorized access to the database).
3.3. 11Heroes has no control over the accuracy or completeness of contributions made by the users on the website.
3.4. 11Heroes accepts no liability for direct or indirect links to other websites (“hyperlinks”) which lie outside the responsibility of 11Heroes.
3.5. In addition to the charge for use of the services the user has the opportunity to register at various daily fantasy sports sites which are not operated by 11Heroes. 11Heroes assumes no responsibility for the content or services of such daily fantasy sports websites.
3.6. Payments (for example, the payment of winnings or a bonus) are made in accordance with the terms and conditions of the daily fantasy sports website. Payments are carried out exclusively by the various daily fantasy sports websites. There can be no claim for payment against 11Heroes.
4. User Obligations
4.1. Each user undertakes not to misuse the website, in particular:
(A) not to spread immoral, obscene, pornographic or radical content or photos;
(B) not to use the website to spread material or information which is defamatory, offensive or illegal in any way;
(C) not to threaten, harass or violate the rights (including personal rights) of other people and/or third parties;
(D) not to upload any data which contains a virus or software or other material which is copyrighted, unless the user has the rights thereto or the necessary consents;
(E) not to knowingly post any false information;
(F) not to use this website to promote another website or another company;
(G) not to attempt to contact other users to entice them away from this website
(H) not to attempt to contact other users to encourage them to cease using this website or any linked daily fantasy sports website;
(I) not to permit any other person to use his/her account;
(J) not to intercept any e-mails/messages and also not to try to intercept them;
(K) not to send emails/messages to users for any purpose other than communication and in particular to refrain from advertising or offering goods or services to other users;
(L) not to send chain letters;
(M) not to send messages, which serve a commercial purpose.
4.2. 11Heroes reserves the right, at its sole discretion, to exclude users from the site by deleting the user’s account and a blocking repeated registration. This also applies to third parties acting for an excluded user. A user can be excluded in the following cases:
• if a user provides incorrect or invalid information upon registration;
• if a user, or a third party acting for a user, creates or attempts to create multiple user accounts on the website or a related daily fantasy sports website;
• if a user violates these terms and conditions.
4.3. Users will have their successful registration confirmed via e-mail and in the same way will be advised by e-mail if their registration is cancelled.
4.4 The user acknowledges that by logging on to 11Heroes they agree that their profile image and their user name will be displayed under the "Who is Online" section.
4.5 The user also acknowledges that we regularly adapt the website and the general terms and conditions. If the user proceeds to log in after the change, they are assumed to have confirmed that they agree with these updates.
5. Transfer of the user rights and liability of the user
5.1. Should a user publish posts on the website, which are protected by copyright or are otherwise legally protected, the user authorizes 11Heros to save these contributions and to publish them on the website free of charge and any time.
5.2. The publication of contributions implies that the user has ensured that they have the rights to the published contributions. 11Heroes is not bound to verify the accuracy and completeness of the published articles.
5.3. The user undertakes to indemnify 11Heroes against any type of lawsuit, damages, losses or claims arising from their registration on, contribution to or participation in this site, where the user is at fault. This applies especially to damages for defamation, insult, and/or the infringement of personal rights, due to the unavailability of services for other users, a breach of these terms and conditions and/or the infringement of intellectual property and/or any other rights.
6. Liability of 11Heroes
6.1. 11Heroes operates its services accurately and reliably. Nevertheless, it may come about that there are unavoidable interruptions to the provision of services by 11Heroes due to unavoidable events which are out of the control of 11Heroes and/or mission-critical maintenance. 11Heroes tries to resolve faults, errors or interruptions as quickly as possible.
6.2. 11Heroes can only be held liable for damages in the event of intent or gross negligence. Liability for slight negligence, except for bodily injury, is excluded. 11Heroes can not be held liable for indirect and consequential damages, in particular to other software, for lost profits, pecuniary damage and for damages from third party claims. 11Heroes is, in particular, not liable for damages, which are due to unavoidable interruptions which are necessary to undertake mission-critical work, or to avoid disruption of the network, or for events which are unavoidable and beyond the reasonable control of 11Heroes.
6.3. Under no circumstances can 11Heroes accept liability for incorrect information or advice, which is given without charge.
6.4. 11Heroes does not constitute an offer to enter into any bet, nor does it contain the basis for any contract or obligation of any kind. 11Heroes is not responsible for any consequences, especially for losses, which could come about through the use or lack of use of this website and/or the information contained therein.
6.5. Mandatory statutory liability provisions for consumers remain unaffected.
6.6. 11Heroes assumes no liability for the complete safety of the security certificates displayed on 11Heroes.
6.7. 11Heroes assumes no liability for false statements made by other users.
7. Responsible Gaming
7.1. 11Heroes constitutes neither an offer to enter into any wager, the basis for any contract or obligation of any kind. The role of 11Heroes is to bring the user closer to the games at various daily fantasy sports sites and to provide users with appropriate information. The playing of games on daily fantasy sports websites purports to be an entertaining and engaging pastime. However, the element of financial gain should never be the main focus. In order to ensure at an early stage that the game does not become an addiction, each user should take responsibility for setting limits on their time and money. In particular, the games played on daily fantasy sports sites should be balanced with other leisure activities and the money placed in reasonable proportion to the financial performance of each user.
7.2. For more information about problem gambling, please contact us at firstname.lastname@example.org.
In relation to the user, 11Heroes is the sole holder of the rights of reproduction, distribution, processing and all copyrights and the right of incorporeal transmission and reproduction of the website and the various articles of information contained therein. The use of all programmes and the content and materials contained therein, is only permitted for the user’s personal use. Any reproduction or use of such content in other electronic or printed publications is not permitted without the express permission of 11Heroes.
9. Data protection
10. Jurisdiction and Choice of Law
10.1. It is agreed that the competent court in Vienna will have exclusive jurisdiction over the resolution of any disputes arising from the use of our website.
10.2. The contract is subject to Austrian law, excluding the referral rules of the CISG.
11. Other provisions
11.1. 11Heroes is entitled to transfer all rights and obligations under these terms and conditions or the services provided to a third party.
11.2. If any provision of these terms and conditions is found to be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of these terms and conditions. 11Heroes and the user undertake to replace the legally ineffective or unenforceable provision by a valid and enforceable provision which most closely matches the content and purpose of the invalid or unenforceable provision.
11.3. Information and statements to 11Heroes should be addressed to email@example.com.
11.4. The mandatory consumer provisions of the Consumer Protection Act and the Long-Distance and Remote Shops Act remain unaffected by these terms and conditions.
Cited date 06/10/2016