1.1. thesocialbet GmbH, Siebenbrunnengasse 17, 1050 Vienna ("thesocialbet") provides a betting game platform, where its users may set up or join betting game rounds or participate in prize games. Further, thesocialbet offers the implementation of intra-company betting games for corporate clients.
1.3. The following websites are currently operated by thesocialbet:
- thesocialbet.com, -at, -de, -ch;
- socialbet.at, -de; und
- league-hero.com (hereinafter individually "thesocialbet-Website", and collectively referred to as "thesocialbet-Websites").
1.4. thesocialbet undertakes to have all information, services and data provided available for download without interruption. However, in spite of the greatest diligence down times, data losses or abuse of betting games may not be entirely ruled out. Compensation of damages by any user are hereby excluded.
1.5. thesocialbet reserved all rights to changes, amendments or removal of provided data, information, services as well as thesocialbet-Websites in part or in whole at any time and without any preliminary notice.
2.1. The participation in betting games is free of charge.
2.2. In order to participate in any betting game, users need to register on a thesocialbet-Website or on a Third Party Website. The registration may be effected via Facebook or e-mail.
2.3. In the event of a registration via Facebook, thesocialbet will use provided information of its users for a registration on a thesocialbet-Website or on a Third Party Website. This use of data will explicitly happen on behalf of the user.
2.4. For registration via e-mail, the user will provide an email address as well as a password of its choice (which will be saved in encrypted form). To complete the registration, the user will receive an e-mail with a link for confirmation.
2.5. When users first visit a thesocialbet-Website or a Third Party Website, thesocialbet will apply a cookie in the user's browser, which will be able to identify the user's computer, even if the user has not yet confirmed the confirmation-link. The cookie contains a alphanumeric code and will be used only for subsequent user identification purposes.
2.6. User accounts are not transferable and shall not be made available or handed over to third parties. Only one registration per user is allowed. Nevertheless, if a user registered more than one user account, thesocialbet shall be entitled to delete all of the relevant user accounts.
2.7. thesocialbet shall be entitled to refuse a registration of a user without giving any reason.
3. User Obligations
3.1. The user may not provide any content, that
- is wilful or grossly negligent;
- is threatening, coercing, defamatory (e.g. mobbing), offensive, nudging and/or pornographic of any kind;
- is racist, race baiting, anticonstitutional and/or prosecutable/illegal of any kind; or
- violates applicable law, especially property rights of third parties, e.g. copyrights and trademark law.
3.2. Users are not allowed to interfere the functioning of a thesocialbet-Website or a Third Party Website in any way. It is particularly forbidden to bypass safety functions on computer systems, servers, routers or any other undertaken changes to devices connected to the internet, nor is the unauthorized access or disturbance of these systems/devices of any kind allowed.
3.3. The user may not interfere in any third party rights (specifically copyrights). In case of infringements of third party rights the user is obliged to hold thesocialbet harmless.
3.4. It is the user's responsibility to take care of his own computer systems and them being compatible with the betting games.
3.5. Any data e.g. user names and passwords shall be kept secret and shall in no case be disclosed to any third parties.
4. Warranty and Liability
4.1. To the fullest extent permitted by law any warranty claims relating to the participation in any betting games or to any awarded non-cash prizes are excluded.
4.2. To the fullest extent permitted by law thesocialbet shall be liable to the user, irrespective of the legal ground for damages only to the extent that any such damages are caused by the gross negligence or the wilful misconduct of thesocialbet. To the fullest extent permitted by law the liability for slight negligence by thesocialbet is excluded.
4.3. No liability shall be assumed for correctness and completeness of information on any thesocialbet-Website or any Third Party Website. Further, thesocialbet shall not be liable for any content provided by its users.
4.4. thesocialbet shall not be liable for any kind of abuse of data or information by either users or third parties.
4.5. Moreover, thesocialbet assumes no liability for system failures, disturbances, data loss and viruses due to external attacks or any other reasons, unless such damages were caused by the wilful misconduct or by the gross negligence of thesocialbet.
4.6. thesocialbet shall not be liable for damages that may arise out of the acceptance and/or usage of any prizes awarded in the course of any betting game.
5. Deletion of user accounts and termination of betting games
5.1. The user may delete his user account at any time without giving reasons.
5.4. thesocialbet shall be entitled to cancel or terminate a betting game at any time without prior notice. In particular, thesocialbet shall be entitled to do so, if the execution of a betting game may not be guaranteed due to technical or legal reasons such as virus attacks, errors in the software and/or hardware. In any such a case, the user shall not be entitled to any claims against thesocialbet.
6. Rights of Control and Rights of Deletion of Contents
6.1. thesocialbet shall not be obliged to control all content that is provided by its users. However, thesocialbet reserves the right to control and delete any content at any time.
6.2. In the event thesocialbet becomes aware of any violation of third-party-rights by any content provided by a user, thesocialbet reserves the right to delete such content within an appropriate period of time.
6.4. thesocialbet reserves the right to delete content of users at any time without giving reason or notice.
7. Prize Games
7.1. thesocialbet reserves the right to award non-cash prizes for selected betting games.
7.2. The prize actually awarded to the winner of a betting game must not entirely correspond to the prize initially presented in the respective betting game. The winner may not claim a particular price; thesocialbet shall undertake to provide a prize comparable to the prize initially presented.
7.3. The winners will be informed by thesocialbet via e-mail within 7 days after closure of the betting game.
7.4. In the event more than one person wins a prize game, thesocialbet shall undertake that the winner will be determined by lot in a fair and non-discriminatory manner.
7.5. If the prize cannot be delivered to the winner within one month of first notification, the winner's claim to the prize shall forfeit. The winner's claim to the prize shall also forfeit, if the winner is not identifiable, the prize is undeliverable, the winner does not react to notification sent to the e-mail address provided by the winner or the winner refused to accept the prize.
7.6. A conversion of the prize into cash or any exchanges of prizes are excluded.
7.7. Prize claims may not be transferred to any third party.
7.8. The participation in prize games shall not be subject to judicial review
8. Copyright and Links
8.1. Contents/Data which are published on a thesocialbet-Website or on a Third Party Website as well as the underlying software is protected by copyright. Any kind of reproduction, distribution, public disposal and other exploitation, alternation and/or removal is forbidden.
8.2. A reproduction, public disposal or other exploitation of content protected by copyright of a thesocialbet-Website or of a Third Party Website shall require prior written and explicit consent of thesocialbet. The same applies to the underlying software.
8.3. Direct or indirect references of external websites on a thesocialbet-Website or on a Third Party Websie are provided in the interest of the users. Content provided in such linked websites is not created by thesocialbet. thesocialbet has no influence on these websites, any access to these websites is at the sole responsibility of the user. Continuous control of the content presented on these linked websites is not possible.
9. Final Provisions
9.2. thesocialbet stores user data in line with general standards. However, thesocialbet cannot assume responsibility for attacks by hackers.
9.5. Austrian law shall apply exclusively, without giving effect to its conflict of law rules and the UN Sales Convention. The competent court in Vienna shall have jurisdiction for legal proceedings. In case the user is a consumer pursuant to the Austrian Consumer Protection Act ("Konsumentenschutzgesetz") the applicable provisions apply regarding the jurisdiction place.