Terms and conditions of Promptus' website for http://www.sports-mssngr.com, http://www.sports-mssngr.de and the Sports MSSNGR app for mobile phones.

This is a translation of a German language document. In case of discrepancies, the original German version is the relevant lead document.

A Terms of Service

1. Scope Terms and conditions, changes

1.1 The Promptus (hereinafter also "Sports MSSNGR") provides its services (hereinafter referred to as "Service") to the listed terms and conditions (the "Terms") which the user recognizes and accepts with the registration for the Service. The validity of deviating conditions of the user is excluded, even though not expressly contradicted by Sports MSSNGR. These Terms are always available on the website under the URL of Sports MSSNGR www.sports-mssngr.com, http://www.sports-mssngr.de, http://m.sports-mssngr.com, http://m.sports-mssngr.de and within the Sports MSSNGR app for mobile phones.

1.2 Changes and adjustments to these Conditions take place in accordance with statutory requirements and will be posted on the website under the URL of Sports MSSNGR http://www.sports-mssngr.com and http://www.sports-mssngr.de

2. Services of Sports MSSNGR

2.1 Sports MSSNGR operates a communication service on a web page and in the form of a program (hereinafter referred to as "app") for mobile phones. The user can register ("Check in") at sports clubs (hereinafter "affiliates"), that offer the Sports MSSNGR service in order to obtain information and special offers from this affiliate. The user can locate its regional surroundings through the GPS service of his mobile phone.

2.2 Affiliates offer via the Service information and offers for use at their sports clubs and affiliated shops, restaurants and other venues. The coupon offers may in certain cases only be available to users, allowing their mobile phone to use the built in GPS tracking.

2.3 The user shall not be entitled to a permanent use of the Service Sports MSSNGR. Sports MSSNGR has the right to discontinue the Service.

3 Agreement between users and affiliates

3.1 All information and offers shown in the service do not constitute an offer in the legal sense, but are merely advertising and product information of the affiliates and its partners participating in the service. Should the user decide for the purchase of products or services from an affiliate of Sports MSSNGR, a contract is concluded solely between the user and the affiliate; Sports MSSNGR in no case will become a party to of the contract. Sports MSSNGR explicitly points out that for the contracts with the affiliates their contract terms, and, if existing -their terms and conditions - apply. Sports MSSNGR is in no way be deemed representative of the affiliates.

3.2 For the advertising and product information the affiliate alone is responsible. The service represents a purely technical transmission of advertising information. With the transmission of advertising information Sports MSSNGR does not endorse, guarantee or perform any similar action for the affiliate's products or services offered. The affiliate is solely responsible in particular for the accuracy, timeliness and completeness of the advertising information and for the fact, that the quality of the products advertised and / or services complies with the product information.

4 Duties of the user

4.1 The User shall use the Service only for personal use. The User is prohibited to integrate services of the service in whole or in part in other services, regardless of whether these are private or commercial offers. The user is also prohibited to commercially use the service for their own purposes or for third parties, unless a written consent of Sports MSSNGR has been granted.

4.2 The user agrees furthermore to refrain from any abusive use of Services, in particular, he agrees to refrain to circumvent Sports MSSNGR's security measures and / or use facilities or applications, that damage or potentially can damage the facility and / or lead to a functional failure or can potentially lead to a functional failure of the Service.

4.3 Misuse as referred to under 4.1 and 4.2 will result in immediate exclusion of the user from the Service. This includes access to special offers of affiliates.

5 Liability of Sports MSSNGR

5.1 The use of the Service relies on inputs by third parties, particularly the availability of the mobile network provider of the user, and in certain cases depending on the availability of GPS location of the user's mobile phone. For these availabilities Sports MSSNGR assumes no responsibility and / or liability. Neither does Sports MSSNGR guarantee and / or is liable for the accuracy, timeliness and completeness of the information, advertising and product promotion of its affiliates and the nature, extent and quality of the related products and / or services acquired from Sports MSSNGR's affiliates. Sports MSSNGR also points out, that for the use of third parties services, charges can arise, which the user has to carry.

5.2 Sports MSSNGR is liable only for damages caused intentionally or through gross negligence. For damages arising from culpable injury to life, limb and / or health Sports MSSNGR is also liable only for intent or gross negligence.

5.3 If the conditions referred to in paragraph 5.2 of these terms and conditions are not valid, Sports MSSNGR is liable - on whatever legal grounds - only if an essential contractual obligation (cardinal obligation) was culpably breached. In these cases, the liability of Sports MSSNGR is limited to typical foreseeable damage. Cardinal obligations are those obligations, the proper execution of the contract is based and on which compliance the user can trust. These are therefore duties, the breach of which would endanger the contractual purpose.

5.4The foregoing liability limitations shall not apply to claims under the product liability law and the lack of a guaranteed quality of the Sports MSSNGR Service. If liability is excluded or limited, this also applies to the personal liability of legal representatives, officers and other agents of Sports MSSNGR.

5.5 Sports MSSNGR does not monitor advertising and product information its affiliates send to the user and is not responsible for the content.

6 Trade mark rights

6.1 All service depicted in the marks, trademarks and / or intellectual property are the property of the respective owner, even if they are not marked with appropriate emblems. Any duplication and / or other use of these marks and / or trademarks is not permitted without the consent of the copyright owner.

6.2 In particular, the user is not permitted to copy to the Service in whole or in part, to pass on, to reconstruct (reverse engineering) or to use in any other way, unless Sports MSSNGR prior expressed consent.

7 Links to Third Party Sites

These sites and / or apps may contain hyperlinks to websites operated by parties other than Sports MSSNGR. Such hyperlinks are provided to the user only as hints available. Sports MSSNGR does not control such websites and is not responsible for their content. The inclusion of hyperlinks to such websites by Sports MSSNGR does not imply any endorsement of the material on such websites or any association with their operators.

8 Final Provisions

8.1 If any provision of these terms or is wholly or partially invalid, this does not impact the validity of the remaining provisions.

8.2 The contractual relationships are subject to the laws of the Federal Republic of Germany with the exception of the provisions which are applicable jurisdictions (international private law, Article 3 et seq of the Introductory Act to the Civil Code). Jurisdiction for pecuniary disputes between Sports MSSNGR and the user shall be Munich if the user is a merchant and the agreement is part of the operation of his business or the user has no general jurisdiction in Germany, and if no exclusive jurisdiction is present. Sports MSSNGR is also entitled to sue the user at any other legal jurisdiction. For non-traders, the statutory jurisdiction is applicable.

As of: 21 May 2012

B Privacy Policy of Promptus

Information in accordance with the Telemedia Act (TelemediengesetzTMG) for the use of the Promptus services, the websites http://www.sports-mssngr.com, http://www.sports-mssngr.de, http://m.sports-mssngr.com, http://m.sports-mssngr.de and the apps for mobile phones (hereafter "Sports MSSNGR").

This is a translation of a German language document. In case of discrepancies, the original German version is the relevant lead document.

1 General

At this point we want to explain our philosophy in dealing with personal data you provide to us when visiting our site, and give some basic advice on data protection. We respect the privacy rights of individuals. Our services are in line with the legal data protection rules which are regulated by the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and Telemedia Act (Telemediengesetz, TMG) and the Law against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG). For all questions about these topics, please contact our Privacy Officer, Mr. Simon Brückner (datenschutz@sports-mssngr.com)

2 Data storage and use

Data entered at Sports MSSNGR websites and Apps will be collected and processed by Sports MSSNGR, for the use of sports club communications programs and quotations of commercial offers.

In no case, the data is disclosed to an unrelated third party without your consent, unless required by law. You may revoke this consent at any time. Sports MSSNGR uses the input data in pseudonymical way for statistical purposes, for purposes of market research and intelligence gathering to improve its own internet presence, but only if you have not exercised your statutory right, to object the use of your data.

3 Data security

3.1 Once you enter personal information in the websites operated by us or mobile applications ("apps") or register or login, this communication takes place from this time encrypted. We connect with our secure server, so the data can be read by anyone. Based on the 256-bit SSL encryption process, we encrypt your data and transfer it in Safe Mode https. This standard meets the highest requirements and is used for example by banks. The use of SSL is recommend by the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik, BSI). For your own safety, we recommend that you use the most recent browser versions and virus scanners. You recognize the encryption turned on at the activated lock icon at the bottom of the status bar of your browser or next to or above the address input bar. We protect our servers and keep your data with the latest security programs and firewalls that prevent unauthorized access attempt already from the beginning.

3.2 In the context of continuous improvement of the offer for our users, additional third-party tracking technologies may become operational, which use anonymous and temporary "session cookies". A personal identification based on the data collected on our sites, however, is prohibited.

3.3 The websites http://www.sports-mssngr.com, http://www.sports-mssngr.de, http://m.sports-mssngr.com, http://m.sports-mssngr.de and the apps for mobile phones use Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", i.e. text files that are stored on your computer, to analyze the your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other website activity and internet related services. In addition, Google may also transfer this information to third parties, if required by law or if third parties process the information on behalf of Google. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, but we point out that , in this case, you may not be able to use all features of this website. By using this site you agree to the processing of data about you by Google in the manner and for the purpose described above.

3.4 To optimize the website Sports MSSNGR uses both session cookies and persistent cookies: So-called "session cookies" (temporary cookies) are not stored on the hard disk of the user and disappear when you close the browser. These cookies are used to assign your browser at your login to your account on our server. We can also use these cookies to continuously improve the service for your benefit. Persistent cookies store anonymous information about visitors for 30 days. The purpose of using cookies is to create anonymous statistics regarding use of our websites. The statistics are used to identify the points at which we must further optimize our Web pages or to make them easier to use for you. Persistent cookies also serve the function "automatic log in", by which, when you re-visit our website, you are automatically logged into your account.

Both types of cookies are anonymous. There is no single profile of your online behavior. You can use our services without cookies, but you need to log in session cookies. Most browsers are set up to accept cookies automatically. You can deactivate the storing of cookies or set your browser to notify you when cookies are being sent.

4th Opposition and Right

Any consents granted by you can be revoked for the future by sending an informal e-mail to us, eg to our Privacy Officer Simon Brückner (datenschutz@sports-mssngr.com). Our Privacy Officer also gives you information about your data stored on our servers at your request and executes the complete deletion of this data.

For questions regarding the collection, processing or use of personal data by Sports MSSNGR please contact: datenschutz@sports-mssngr.com.

23.04.2012, Promptus
datenschutz@sports-mssngr.com