The applicable general terms and conditions for using GLOBAL SPORTS ELITE (as at April 2009) are made out in the following:

§ 1 Contractual partners

Within the framework of the following general terms and conditions, the company neue formen GmbH & Co. KG, Humboldtstraße 4, 34117 Kassel – hereinafter referred to as GLOBAL SPORTS ELITE – and the user, who has to be of age at the time of concluding the contract, are the contractual partners.

§ 2 Contractual obligations (user)

(1) While using the contents and services of GLOBAL SPORTS ELITE, the user must adhere to law and justice and well as all third-party rights. Disturbing interferences in the GLOBAL SPORTS ELITE NETWORK are prohibited. The user must especially refrain from molesting other users in an unacceptable way (e.g. by means of SPAM). The Act Against Unfair Practices is hereby referred to.

(2) The user must furthermore refrain from using slanderous or offensive contents, he may especially not use any pornographic contents or those in breach of the Law for the Protection of the Youth, resp. from purchasing, offering or selling respective products.

(3) The user must furthermore refrain from purchasing, offering or selling legally protected goods or services or to use legally protected contents without being entitled to as well as for taking or supporting other anti-competitive actions (e.g. chain, pyramid or snowball sales).

(4) The user is not permitted to provide untrue resp. deceptive information. Pseudonyms or stage names may not be used.

(5) Should the user transmit pictures to the GLOBAL SPORTS ELITE websites, he must make sure that their publication is permitted. When uploading photographies which show further persons besides the user himself, the upload as well as the indication resp. the linking of the picture file may only be carried out as far as these other persons’s approval has been provided. When transmitting the photographs, the user must make sure that these photographs are free of advertisement (e.g. logos).

(6) He must refrain from the publication resp. the distribution of the contents of the GLOBAL SPORTS ELITE websites or of the users as well as any action which is suitable for affecting the functionality of the service offer resp. the infrastructure of GLOBAL SPORTS ELITE.

(7) The user must refrain from changes by means of copying, overwriting or comparable actions, unless these actions are necessary for the use of the GLOBAL SPORTS ELITE websites.

(8) As far as GLOBAL SPORTS ELITE provides software or interfaces on its websites, they may be used; no personal/external comparable software or interfaces may be used.

(9) GLOBAL SPORTS ELITE reserves the exclusive right to change the provided services or to offer differing services. Any change or variation of the services is only admissible, as long as they are reasonable for the user.

(10) Any question and explanation on the contract with GLOBAL SPORTS ELITE or on the services/performances of GLOBAL SPORTS ELITE can be asked resp. provided via the contact form available on the GLOBAL SPORTS websites from any page, by fax or by post.

§ 3 Subject matter of the contract

(1) The GLOBAL SPORTS ELITE web presence is a website for national and international elitist athletes. The minimum requirements for access are winning a title at National Championships or a comparable achievement. It thereby does not matter at what time in the past this achievement was made. Further access information – for any sport admitted by GLOBAL SPORTS ELITE – can be found on the website.

(2) GLOBAL SPORTS ELITE offers the user varieties “Silver & Gold membership” to the admitted users. Silver membership is a free closed contact and communication forum, Gold membership is a nongratuitous closed contact, information and games forum. Details on the fees for Gold membership can be found in the “Registration” section on the GLOBAL SPORTS ELITE website.

(3) The fees for GOLD MEMBERSHIP become payable immediately with the issuing of the invoice. The payment rhythm as well as the methods of payment can be freely selected from the possibilities offered on the GLOBAL SPORTS ELITE website. If a fee cannot be collected via payment by credit card, the user will bear all costs arising in the amount corresponding to his responsibility for the event which triggered the costs. GLOBAL SPORTS ELITE may transmit the invoices concerning the fees for gold membership by email or by download to the users.

(4) The data and/or information provided by the user are only provided to the other users by GLOBAL SPORTS ELITE as far as this data and/or information neither breaches any legal provision nor these general terms and conditions. Illegal contents can be removed from the GLOBAL SPORTS ELITE websites at any time by GLOBAL SPORTS ELITE without previous notification.

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(5) The user of the GLOBAL SPORTS ELITE web presence acknowledges the fact that a one hundred percent availability of the GLOBAL SPORTS ELITE websites cannot be guaranteed in a technical way. GLOBAL SPORTS ELITE however strives to permanently maintain its own websites, if possible. Especially maintenance, security or capacity issues as well as events, which are not within the sphere of control of GLOBAL SPORTS ELITE (e.g. power cuts etc.), can lead to temporal disturbances or termination of the services on the GLOBAL SPORTS ELITE websites.
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(6) GLOBAL SPORTS ELITE only offers its users a platform for bringing them together with other elitist athletes. For this purpose, GLOBAL SPORTS ELITE exclusively provides suitable technical applications which enable an establishing of contacts among the users. GLOBAL SPORTS ELITE does not take part in the communication between the users with respect to the content. As far as they conclude contracts with each other via the GLOBAL SPORTS ELITE web presence, GLOBAL SPORTS ELITE is not involved and will not become a contractual partner.

(7) GLOBAL SPORTS ELITE is not liable, if no contact is established between the users in connection with such contracts via the GLOBAL SPORTS ELITE websites. GLOBAL SPORTS ELITE is also not liable for any neglect of duty by the users arising from the contracts concluded between the users. The users are solely responsible for the handling and the fulfillment of the contracts concluded with each other.

(8) With the publication of his contributions, the user grants GLOBAL SPORTS ELITE an unrestricted, irrevocable and not transferable right of use of the respective contribution. GLOBAL SPORTS ELITE is permitted to utilise the right of use in any kind of way and to especially represent it on the cooperation partners’ websites. In this way, GLOBAL SPORTS ELITE thereby obtains the right of use for all contributions in the provided forums.

(9) The contributions/contents accessible via GLOBAL SPORTS ELITE may not be copied, published or made accessible in any other way without approval by the relevant owner of the right (exceptions are only permitted in legally admissible cases). The application of computer programmes for automatic readout of data, such as crawlers, with the exception of caching within the framework of visiting the forum pages, is also prohibited.

§ 4 Conclusion of the contract

(1) Before using the services of the GLOBAL SPORTS ELITE websites, the user must register. When registering the user chooses a password, whereas both parties undertake to keep it secret and not to pass it on to third parties. The user assures that the data stated during the registration is true and complete. Changes must be notified immediately.

(2) It should be specifically noted that GLOBAL SPORTS ELITE is not liable for a user’s real identity.

(3) Each user may only register once and only create one profile. As far as the user publishes pictures of himself, they should not be older than 2 years.

(4) By completing the registration procedure, the user offers to conclude the contract on the use of the services of the GLOBAL SPORTS ELITE websites. GLOBAL SPORTS ELITE takes on this offer by admitting the user for these services.

(5) By applying as a user of GLOBAL SPORTS ELITE, he accepts the general terms and conditions for the use of GLOBAL SPORTS ELITE whereas the user has the possibility to call up, print, download as well as save these general terms and conditions at any time, also after the conclusion of the contract from the link “General terms and conditions” available on any of the GLOBAL SPORTS ELITE websites.

§ 5 Responsibility

(1) GLOBAL SPORTS ELITE does not assume any liability for the fact that the contents are true, meet or serve a certain purpose. GLOBAL SPORTS ELITE does not assume any responsibility for the data, contents and/or information provided by the users. This also applies for contents on external websites which are linked to.

(2) The user is exclusively responsible for any data, content and/or information.

(3) The user is able to disclose any breach of contract by a third party via the contact options provided.

§ 6 GLOBAL SPORTS ELITE liability

(1) GLOBAL SPORTS ELITE is completely liable for damages resulting from the violation of life, body and health which are based on an intentional or negligent breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty as well as malice towards the users. GLOBAL SPORTS ELITE is furthermore completely liable for damages which are included by the liability according to urgent legal provisions, such as the Production Liability Act, as well as in the case of assumption of warranties.

(2) GLOBAL SPORTS ELITE is liable for typical contractually foreseeable damages in a way restricted to their amount, that cannot be recorded by number (1) and which are caused by negligent conduct of the GLOBAL SPORTS ELITE agents.

(3) As far as the damages are not covered by a general liability insurance, the restriction in no. (2) is not applicable.

§ 7 Data privacy

(1) GLOBAL SPORTS ELITE assures that all personal data of the users will not be passed on and will not be made available to any third party without approval.

(2) GLOBAL SPORTS ELITE undertakes to adhere to all relevant and legal data privacy specifications of the Federal and National Data Protection Act and to make suitable technical provisions for protecting data privacy.

(3) Users are not permitted to pass on information of other users obtained through GLOBAL SPORTS ELITE without their approval or to use it for any other purpose (e.g. advertisement).

§ 8 Right of withdrawal (user)

As far as the user registers as such with GLOBAL SPORTS ELITE, i.e. for a reason which can neither be attributed to his commercial nor his self-employed job, he is entitled to a right of withdrawal in the following way:

(1) The user is able to withdraw the registration for the free SILVER MEMBERSHIP or the GOLD MEMBERSHIP within two weeks without stating any reason in text form (e. g. by letter, fax or email). The term begins with the admission of the membership by GLOBAL SPORTS ELITE, however at the earliest with the receipt of these instructions.

(a) The user can furthermore withdraw the registration for the GOLD MEMBERSHIP within two weeks without stating any reason in text form (e. g. by letter, fax or email) after he has changed from a free membership to the GOLD MEMBERSHIP. The term begins after the admission of the GOLD MEMBERSHIP by GLOBAL SPORTS ELITE, however at the earliest with the receipt of these instructions.

(b) In order to observe the withdrawal period, the timely posting of the withdrawal is sufficient in any of the above mentioned cases. The withdrawal can be sent by post to “neue formen GmbH & Co. KG, Humboldtstraße 4, 34117 Kassel” in any of the above mentioned cases. The withdrawal can also be transmitted via the contact form which is available on the GLOBAL SPORTS ELITE websites from any of the pages, resp. by fax or by email. The fax number and the email address of GLOBAL SPORTS ELITE are available to any user after registering in the internal area. The data can furthermore be found in the imprint.

(2) The user’s right of withdrawal will already expire according to § 312 d sect. 3 Civil Code before the expiry of the two week’s period of withdrawal according to § 8 (1), if GLOBAL SPORTS ELITE has started performing the services of GLOBAL SPORTS ELITE which the user had registered for, with the user’s explicit approval or if the user has induced the performance of the services of GLOBAL SPORTS ELITE, which the user had registered for (e.g. if the user has used the services of GLOBAL SPORTS ELITE which are provided to the user by GLOBAL SPORTS ELITE within the framework of the membership selected by the user with the registration).

(3) In the case of an effective withdrawal the mutually obtained services must be reimbursed within the framework of the legal provisions and, if applicable, benefits drawn (e.g. interest) must be handed over. If the user cannot return the benefits obtained to GLOBAL SPORTS ELITE, or only partly or in a declined state, he must compensate GLOBAL SPORTS ELITE for the same value, if applicable. The user must meet his obligations to refund payments within 1 month after posting his statement of withdrawal.

§ 9 Termination of the contract

(1) The user is able to cancel the free SILVER MEMBERSHIP without adhering to any cancellation period at the expiry of the agreed contractual term and without stating any reason. The cancellation must be effected by telefax or registered post to GLOBAL SPORTS ELITE and can also be carried out via the CONTACT FORM which can be reached from any page on the GLOBAL SPORTS ELITE websites. For the cancellation the user name and one of the user’s email addresses registered on the GLOBAL SPORTS ELITE websites must be stated.

(2) The user and GLOBAL SPORTS ELITE may cancel the GOLD MEMBERSHIP without stating any reason and adhering to any cancellation period at the expiry of the minimum period of use booked in the course of registration or at the completion of the subsequent extension period. The contractual partners’ right to cancel the contractual relation for an important reason remains unaffected.

(3) For GLOBAL SPORTS ELITE an important reason is provided, if the continuation of the contractual relation until the expiry of the agreed contract period is not reasonable after consideration of the mutual contractual interests. Not finally, but rather as an example, the following stated events must be accepted as important reasons which authorise a cancellation for an important reason:

(a) The user impairs other users or he is a member of a sect resp. a member of a denomination which is controversial in Germany.

(b) The user infringes the security or youth protection provisions; the user infringes legal or contractual obligations; by using the offer, the reputation of the GLOBAL SPORTS ELITE websites resp. the services provided there are effectively impaired resp. bad for business.

(4) The user is notified about the fact that if an important reason is provided, sanctions can also be imposed on the user independent of a cancellation for an important reason, such as the blocking of the access to the GLOBAL SPORTS ELITE websites, the declaration of a warning or for example the deletion of contents which the user has placed.

(5) A repayment of already paid fees is not applicable, if GLOBAL SPORTS ELITE is entitled to cancel the contract for an important reason resp. to block the access.

(6) If the user cancels the contract for an important reason, he is entitled to the repayment of already paid fees, if the important reason can be assigned to the area of responsibility of GLOBAL SPORTS ELITE.

§ 10 Exemption and compensation

(1) As far as the user infringes third-party rights by using the services of the GLOBAL SPORTS ELITE websites, the use, which is contrary to contract and law, must be stopped immediately after the request by GLOBAL SPORTS ELITE. By choice of GLOBAL SPORTS ELITE, the user will provide the right of using the contents to GLOBAL SPORTS ELITE at his own expenses or design the contents in a way that is not protected by industrial property rights, as far as third-party rights were infringed by the contents.

(2) As far as other users or other third parties raise claims against GLOBAL SPORTS ELITE due to the infringement of their rights by the user in the contents published by GLOBAL SPORTS ELITE, the user will exempt GLOBAL SPORTS ELITE from all claims, including claims for compensation. The user will furthermore bear all costs arising for GLOBAL SPORTS ELITE due to the infringement of third-party rights. This also includes possible legal costs, as far as these are reasonable. The assertion of any further claim, which GLOBAL SPORTS ELITE is entitled to, remains unaffected thereof.

§ 11 Final provisions

(1) Any change of the contract is subject to the written form. There are no existing side agreements.

(2) Should any provision of these terms and conditions or any provision within the framework of any other agreement be or become ineffective, the effectiveness of all of the other provisions or agreements will remain unaffected. The ineffective provision must be replaced by a valid provision which comes as close as possible to the targeted objective. The same applies for contractual gaps.

(3) GLOBAL SPORTS ELITE reserves the right to change these general terms and conditions at any time without stating any reason. A change is excluded, as far as this is unacceptable for the user. In any case, GLOBAL SPORTS ELITE will notify the user about the changes of the general terms and conditions in a timely manner. Within the notification the user’s right to objection and the meaning of the objection deadline will be pointed out to the user. If the user does not object to the validity of the new general terms and conditions within two weeks after the notification, the changed general terms and conditions will be deemed as accepted by the user.

(4) The place of business of GLOBAL SPORTS ELITE is the place of fulfilment. The same applies for the place of jurisdiction for all disputes arising indirectly or directly from the contractual relation, as far as this is legally admissible.

(5) The laws of the Federal Republic of Germany apply for these terms and conditions and the total legal relations between GLOBAL SPORTS ELITE and the user, excluding conflicts of law and the UN Convention on Contracts for the International Sale of Goods transferred to German law.

Contents of the GLOBAL SPORTS ELITE general terms and conditions:

A) § 1 Contractual partners

B) § 2 Conclusion of the contract

C) § 3 Subject matter of the contract

D) § 4 Contractual obligations (user)

E) § 5 Responsibility

F) § 6 Global Sports Elite liability

G) § 7 Data privacy

H) § 8 Right of withdrawal (user)

I) § 9 Termination of the contract

J) § 10 Exemption and compensation

K) § 11 Final provisions