1.  General

1.1

The International Biathlon Union, Sonystraße 20, 5081 Anif (Salzburg), Austria (“IBU” or “we”, “us” and “our”) operates and makes available this website and/or mobile application which links to these Terms (each and either an “IBU Platform”).

1.2

These Terms are concluded exclusively between IBU and the user of the IBU Platform (“User” or “you”). The operators of the app stores from which the User downloads an IBU Platform (if applicable) are not a part of these Terms and may apply their own terms.

1.3

The IBU Platforms are provided free of charge. By registering for the IBU Platforms, you will have the possibility to enjoy personalised experience on the IBU Platforms through sharing details of your personal preferences as well as sign up for IBU newsletters and communications, competitions etc.

2. Registration and User Account

2.1

To use the IBU Platforms to their fullest extent, you have to register an account (the “User Account”). You can access all IBU Platforms with a single account.

2.2 

When registering your User Account the first time, you will have to accept these Terms. IBU makes the IBU Platform available only subject to full compliance with these Terms at all times.

2.3

To create the User Account, you must further provide the required information for the creation of the User Account. You must update any mandatory information in case of a change.

2.4

During the creation of the User Account, you will be asked to enter a password for the User Account. The password for the IBU Platforms must be chosen so that it is not easy for third parties to guess. It is your responsibility to protect your User Account from unauthorized access and to treat your password as strictly confidential. You must take all necessary steps to ensure that the password is treated confidentially and securely. If you have reason to believe that your password has become known to someone else or if the password has been or could be used by unauthorized persons, you must change your password under "Reset password" without undue delay.

3. Intellectual Property

3.1

The contents (“Contents”) presented on the IBU Platforms (including without limitation texts, illustrations, designs, graphics, layouts, images, images, tools, audio and video content and the selection and arrangement thereof) are the intellectual property of IBU or its respective partners. The respective owners of the intellectual property in the Contents retain their respective ownership therein, unless explicitly specified otherwise in these Terms.

3.2

The Contents must not be reproduced, copied, reproduced, distributed, rented, lent, presented, shown to the public, made publicly available, edited, adapted, redesigned, or used in any other way without the prior written consent of their respective owner.

3.3

The User is granted a simple, non-exclusive right of use, limited in time for the duration of these Terms, to use the Contents to the extent necessary for the use of the IBU Platform, i.e., as the case may be, to install or access as well as load and reproduce the respective IBU Platform on the User’s device. This right of use is not transferrable or sublicensable. All further rights are retained by their respective owners.

4. Term and Termination

4.1

These Terms are concluded with the registration of the User Account for an unlimited period of time. Each party is entitled to terminate these Terms without reasons. The User can in particular terminate these Terms by deleting the User Account with immediate effect.

4.2

IBU is entitled to terminate these Terms at any time without giving reason, subject to observing a notice period of 14 calendar days.

4.3

IBU is further entitled to terminate these Terms for good cause with immediate effect. Such good cause is in particular a material breach of these Terms by the User.

4.4

In case of the termination of these Terms, including also in particular the deletion of the User Account, all personal data stored in the User Account. After deleting the User Account, you can no longer access the User Account.

5. Liability

5.1

Subject to section 5.2, IBU’s liability for or in connection with the provision of the IBU Platforms in the event of a slightly negligent breach is excluded.

5.2

IBU’s liability for gross negligence or wilful misconduct or for injury to life, personal injury, or health, as well as in cases of mandatory statutory liability are neither excluded nor restricted by these Terms.

5.3

Insofar as IBU’s liability is limited or excluded, this also applies to the liability of IBU’s legal representatives, employees, and vicarious agents, as well as to any consequential damages arising with the User. IBU assumes no liability for third-party consequential damages.

5.4

You undertake to indemnify and hold IBU harmless without limitation from all damage, costs and expenses, including reasonable legal costs, that result from your negligent or intentional violation of these Terms.

6. Warranty and Availability

6.1

Although IBU endeavours to have only complete and accurate information published on the IBU Platforms, IBU cannot guarantee its up-to-datedness, correctness, and completeness, and, subject to section 5.2, IBU is not liable for any damages arising from incomplete or incorrect information on the IBU Platforms.

6.2

IBU endeavours to make the IBU Platforms available at all times, but cannot guarantee full availability, as this also depends on outside circumstances (such as the User’s or IBU’s internet connection) that IBU has no influence on. The IBU Platforms may further be unavailable due to scheduled or unscheduled maintenance. IBU therefore does not warrant continuous availability at all times, or that the IBU Platforms are error-free, virus-free and secure at all times.

7. Data Protection

7.1 

When you register a User Account and use the IBU Platforms, IBU will process your personal data as a data controller. Please see our Privacy Policy for more information on how your personal data are processed.

8. Governing Law and Venue

8.1

If the User is a consumer: For all disputes arising out of or in connection with these Terms, the law of the country in which the User has their place of residence or habitual residence at the time of the conclusion of the Terms shall apply. All disputes arising out or in connection with these Terms or the use of the IBU Platforms shall be settled before the competent court of the User’s domicile, or, at the sole choice of the User, before the competent court of IBU’s domicile.

8.2

If the User is not a consumer: For all disputes arising out of or in connection with these Terms, the law of Austria, exclusive of its conflicts of laws terms and the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall apply. All disputes arising out or in connection with these Terms or the use of the IBU Platforms shall be settled before the Regional Court Salzburg.

9. Miscellaneous

9.1

Mandatory consumer information: Information on online dispute resolution for consumer disputes or alternative dispute resolution in consumer matters can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. IBU will not take part in a dispute resolution procedure before a consumer arbitration board within the meaning of the Austrian Alternative Dispute Resolution Act and is also not obliged to do so.

9.2

IBU may change these Terms in non-material manner, if this is necessary for legal or technical reasons, e.g. in case of further developments in the IBU Platforms, new technological developments, or for securing the functionality of the IBU Platforms. In case of such changes, IBU will inform you explicitly about such changes and the intended time of their entry into force, as well as your possibilities, by email or an in-app message. You will have a right to reject any such changes within the time period of four (4) weeks after receipt of that information. If you do not reject the changes within this time period, they will be deemed as accepted and enter into force as of the lapse of the four weeks’ period. If you reject such changes, IBU will be entitled to terminate these Terms for convenience in accordance with section 4.2.

9.3

If individual provisions of these Terms are ineffective or unenforceable or become ineffective or unenforceable after the Terms are concluded, this shall not affect the validity of the remaining provisions.