The following Standard Terms of Use (STU’s) define the contractual relationship between
LGSP Sports and Events Lufthansa City Center
Av. da Boavista 1837,
4100-133 Porto,
Portugal
as the operator of the Internet presence being accessible under the above top-level domain “https://www.lcc-lgspsportsandevents.com ” (hereinafter referred to as the “Internet Presence”), and
You
as the person visiting the Internet Presence via the above top-level domain (hereinafter referred to as the “User”).
General Terms
User Obligations
By accessing this Internet Presence, the User explicitly acknowledges that he/she shall be barred from
LGSP Sports and Events Lufthansa City Center reserves its right to examine and prosecute any violation of copyright and to claim for damages.
Forecast Information
Insofar as the Content of this Internet Presence includes forecasts, forward-looking statements, any predictions, statements and reference to future events have been made to LGSP Sports and Events Lufthansa City Center’ best knowledge and believe. However, by accessing this Internet Presence, the User acknowledges that these forward-looking statements represent the subjective expectations and estimations of LGSP Sports and Events Lufthansa City Center only, and that LGSP Sports and Events Lufthansa City Center, does not bear any responsibility for the occurrence of future events and the precision and reliability of any forward-looking statements made. Sentence 1 applies accordingly to any declarations of intent made by LGSP Sports and Events Lufthansa City Center, directly or indirectly, as part of the Content.
Copyright
By accessing this Internet Presence, the User acknowledges that this Internet Presence, the Content and any of its components, including, but not being limited to, any textual information, photographic and graphic illustrations, design elements, overall appearance, software structure and source code, are protected by copyright, unless explicitly stated otherwise. By accessing this Internet Presence, the User is not licensed or otherwise entitled to copy, republish, store or otherwise use any Content and any other component of this Internet Presence protected by copyright without prior written consent of LGSP Sports and Events Lufthansa City Center. LGSP Sports and Events Lufthansa City Center reserves its right to examine and prosecute any violation of copyright and to claim for damages.
Data Protection
By accessing this Internet Presence, the User acknowledges that the collection, processing and use of user-related personal data is required by LGSP Sports and Events Lufthansa City Center to maintain this Internet Presence and offer public access to its Content. Especially, the User acknowledges that LGSP Sports and Events Lufthansa City Center collects, processes and uses, immediately or via third-party services, data on each user access to the Internet Presence, by means of automatically operated server protocols (“log files”). The User’s personal data collected, processed and used by LGSP Sports and Events Lufthansa City Center by means of accessing this Internet Presence solely comprises the following types of data:
(hereinafter referred to as the “personal data”). If this Internet Presence includes an option to enter further personal data, or if the User provides LGSP Sports and Events Lufthansa City Center with his/her personal data by e-mail or other means of contact, any personal data transmitted by the User shall be considered as being provided by the User on a voluntary basis. However, for the protection of any personal data of the User, irrespective of source, the regulations set forth in this Section V shall apply.
The collection and use of any User-related personal data performed by LGSP Sports and Events Lufthansa City Center out of and in connection with this Internet Presence is made pursuant to the regulations of the National Data Protection Commission (CNPD) of Portugal. LGSP Sports and Events Lufthansa City Center only collects, uses and passes on personal data if this is legally permissible or the users concerned have given their consent for the data to be collected. LGSP Sports and Events Lufthansa City Center takes all reasonable measures to ensure the protection of the User’s personal data. LGSP Sports and Events Lufthansa City Center undertakes to oblige its employees and any third party involved in the operation and maintenance of this Internet Presence, accordingly.
LGSP Sports and Events Lufthansa City Center collects, processes and uses the User’s personal data solely for the purpose of offering the User access to the Content and providing the online information contained therein. LGSP Sports and Events Lufthansa City Center will store any personal data of the User solely on servers and within databases located in the Republic of Portugal.
The use of the personal data by LGSP Sports and Events Lufthansa City Center is generally limited to processing of statistical evaluations required to operate and maintain the Internet Presence and ensure its security. However, LGSP Sports and Events Lufthansa City Center explicitly reserves the right to directly examine the individual access information collected from the User for cause, especially on specific grounds for justified suspicion of illegal use.
In case the User actively seeks to make contact with LGSP Sports and Events Lufthansa City Center (e.g. by means of using the online form provided in the “Contact” section, by email or by employing any other contact information provided by LGSP Sports and Events Lufthansa City Center within this Internet Presence), the User’s statements and contact information will be stored by LGSP Sports and Events Lufthansa City Center only for the purpose of processing the request and in order to answer any subsequent questions. However, no further use will be made of the User’s personal data without the User’s express permission. LGSP Sports and Events Lufthansa City Center will, especially, not use any personal data of the User for direct advertising purposes without having obtained the User’s explicit consent in due form.
Upon accessing the Internet presence, the User acknowledges that as an integral part of this Internet Presence, third-party content may be embedded or otherwise included (e.g. YouTube videos, services based on Google Maps, RSS feeds, online document viewing tools etc.; hereinafter conjointly referred to as “Third Party Content”). The User acknowledges that LGSP Sports and Events Lufthansa City Center does not accept any responsibility whatsoever regarding Third Party Content. Especially, the User acknowledges that the provision of such third-party content may require LGSP Sports and Events Lufthansa City Center to grant the respective provider of such content (hereinafter referred to as “Third Party Content Providers”) access to the User’s IP Address.
Additional personal data of the User may be collected by the Third-Party Content Providers within the Third-Party Content. The User acknowledges that LGSP Sports and Events Lufthansa City Center will not share, examine, store or process any data collected by Third Party Content Providers, and that LGSP Sports and Events Lufthansa City Center may not provide the User with any legal or technical information regarding the Third Party Content, its workings, the amount, type and purpose of personal data collected by any Third Party Content Provider. Furthermore, LGSP Sports and Events Lufthansa City Center will under no circumstance provide any legal assistance in enforcing any User’s claims vis-à-vis Third-Party Content Providers, including those referring to data protection issues.
The User is asked to obtain any information regarding the Third-Party Content, including information regarding the User’s personal data, directly from the respective Third-Party Content Provider. LGSP Sports and Events Lufthansa City Center will take reasonable measures to include contact information regarding each Third-Party Content Provider with the Imprint available. However, LGSP Sports and Events Lufthansa City Center does not assume any responsibility for accurateness and timeliness of any contact information made available to LGSP Sports and Events Lufthansa City Center by the respective Third-Party Content Provider himself.
Upon accessing the Internet Presence, the User acknowledges that it is not possible to completely exclude unauthorized third-party access when transmitting data via the Internet. However, LGSP Sports and Events Lufthansa City Center’ liability for preventing unauthorized access is limited to the degree of fault and foreseeability.
Upon the User’s request, LGSP Sports and Events Lufthansa City Center will provide the User, free of charge, with information regarding the User’s personal data being stored by LGSP Sports and Events Lufthansa City Center. The User is entitled to opt out of the storage of personal data by LGSP Sports and Events Lufthansa City Center at any time with future effect. Furthermore, the User is entitled to claim for having erroneous personal data corrected and personal data blocked and deleted, provided this is not ruled out by a statutory obligation to retain data.
For all concerns about collection, processing and use of personal data, the User may contact the person in charge at LGSP Sports and Events Lufthansa City Center, available under the following contact information:
LGSP Sports and Events Lufthansa City Center advises that in case the User should have ordered LGSP Sports and Events Lufthansa City Center to block or delete his/her personal data, LGSP Sports and Events Lufthansa City Center mal no longer be able to make information pursuant to Sentence 1 available to the User or provide requested information.
Liability
Amendments
LGSP Sports and Events Lufthansa City Center reserves the right to revise, change or amend any part of these STU’s, including the data protection regulations pursuant to Section V at any time, without announcement and further notice. The User is obliged to review the STU’s each time the User takes access to the Internet Presence. LGSP Sports and Events Lufthansa City Center waives any liability for damages claims resulting from the fact that any revisions, changes or amendments pursuant to Sentence 1 have not been noticed by the User.
Governing Law and Jurisdiction
These STU’s shall be governed by and construed in accordance with German and Portuguese laws, excluding the United Nations Convention for the International Sale of Goods (CISG) and the conflict of law rules. The Parties hereby submit to the jurisdiction of the local courts of Frankfurt, if legally permissible, and if no other court is, pursuant to coercible law, solely competent.
Severance
Should one or more provisions of these STU’s be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of these STU’s. The same shall apply if the Agreement does not contain an essential provision. In place of the invalid or unenforceable provision, or to fill a contractual gap, such valid and enforceable provision shall apply, which reflects as closely as possible the commercial intention as regards the invalid, unenforceable or missing provision. The legal principle contained in § 139 of the Civil Code, including in the sense of a reversal of the burden of proof, shall not apply.