AGBs

General Terms and Conditions of Use
of
Relevant Media GmbH (FN 260713b)
concerning the gaming platform
www.ezokka.com

Version: 24.2.2010

1.	Area of application

1.1	These General Terms and Conditions (“GTC”) regulate the legal relationship between Relevant Media GmbH (“RM”) and the users of the gaming platform “www.ezokka.com” (“ezokka”) and/or the utilisation of any other services offered by RM. The rights and obligations between RM and the user are exclusively determined by RM’s GTC as amended at the moment when the contract is concluded. The utilisation of ezokka implies the user’s consent to these GTC.

1.2	Conditions which are contradictory or which deviate from the GTC are only effective if they are explicitly accepted by RM in writing. Also, actions for performance of the contract by RM are not considered as consent to contract terms deviating from these GTC.

2.	Specification of services

2.1	ezokka is a platform in which exclusively those natural persons having personally logged on via a member account (“members”) can participate in competitions in form of bets. Individual members can participate in ezokka as an offeror of competitions (“bookie”) or as a participant in competitions (“zokka”).

2.2	In case of successful participation in the offered competitions, users can win points and in case of unsuccessful participation in the offered competitions, the users can lose points. These points are credited or debited to the account of the respective member.

2.3	If the member reaches a certain score on the account, they win a prize. If, later on, the score falls below the score required for the prize (e.g. due to lost points), the prize remains with the member. If the required score is reached again, the prize carried off before cannot be carried off again. If the member reaches the maximum score, the member’s account is set to zero and the member can start gaming again.

2.4	The prerequisite for the participation in the competitions is a free registration as a member. Eligible are persons residing in the European Union, Switzerland, Norway, Liechtenstein, Iceland, Croatia, Bosnia and Herzegovina, Serbia, Albania, Montenegro, Gibraltar, Turkey, Macedonia, Andorra, Monaco and San Marino. The prizes are sent immediately and at no charge to the respective member’s address indicated during registration if this address is within one of the areas stated in this section 2.4.

2.5	RM is entitled to technically process and adapt offers and contents of members in such a way that they can be displayed on mobile terminals or software applications of third parties. Members are responsible themselves to look at the entire content of the offered competition on ezokka before participating in a competition if the member participates via a mobile terminal or the software application of a third party.

2.6	As the identification of persons on the Internet is only possible in a restricted way, RM only verifies the indicated e-mail address and does not effect any other verification of data indicated during registration. Consequently, RM cannot exclude that wrong contact data was indicated for a member account.

2.7	The competitions offered and contents of members published on ezokka are generally not checked for legality, accuracy and completeness by RM. RM is not obliged to obtain and forward further information on the competitions offered by the members. Furthermore, RM is not liable for availability of contact addresses indicated by users (e-mail address/postal address, etc.).

3.	Registration and membership

3.1	Only natural persons having full legal capacity can become a member. Especially minors (i.e. persons under the age of 18) are not allowed to register.

3.2	Registration, membership and participation in competitions on ezokka is free of charge.

3.3	The data requested by RM during registration (especially first name and surname, current address (no POB), phone number (no premium rate numbers) and valid e-mail address) must be indicated completely and correctly.

3.4	If the indicated data change after registration, the member is responsible for adjusting the data in their member account immediately.

3.5	During registration, members choose a user name and a password which can be changed at any time. The user name must not be an e-mail or Internet address, must not infringe third parties’ rights (especially rights to a name or trademark rights) and must not infringe ethical principles.

3.6	The password must be kept private and the access to the member account must be carefully secured. Members are obliged to inform RM immediately if there is any indication that a member account was abused by third parties.

3.7	Members are generally liable for any activities made by using their member account.

3.8	There is no right to registration, membership or utilisation of services on ezokka. RM may at any time refuse a registration, exclude a member, restrict the use of or access to services or discontinue services.

3.9	Membership is personal, cannot be transferred and is concluded for an undetermined period of time.

3.10	The membership can be terminated at any time by sending an e-mail to webmaster@ezokka.com.

3.11	If the membership is terminated for whatever reason, the member’s user name is deleted and released so that it can be used again by third parties.

3.12	If the membership ends, any points of the member expire without entitling the member to any rights.

4.	Penalties and blocking

4.1	If there is any indication that a member infringed legal prescriptions, third parties’ rights or these GTC or if RM has any other legitimate interest, especially in order to protect its members from fraudulent activities, RM may, at its own discretion, warn the respective member, restrict their utilisation of the ezokka platform or preliminarily or finally block their utilisation of the ezokka platform.

4.2	When choosing the measures, RM shall consider the respective member’s legitimate interests.

4.3	With regard to the measures taken by RM according to section 4, the member is not entitled to any compensation or to any other indemnities.

4.4	RM reserves the right to charge a lump-sum allowance according to the price list for deletion of contents or blocking of members due to infringement of these CTG, as far as the member is responsible for the infringement.

5.	Utilisation of the platform

5.1	RM makes the platform ezokka with the functions described in section 2 available to the members. RM may attach the utilisation of ezokka or of individual functions of ezokka or the extent to which individual functions and services can be used to further conditions, such as verification of registration data or duration of membership.

5.2	RM operates the platform ezokka in compliance with these GTC and according to the current state of the art. RM may temporarily restrict its services if this is necessary with regard to capacity limits, safety or integrity of the servers or for performance of technical measures and if this serves the proper and enhanced performance of services (maintenance work).

6.	Prizes

6.1	In order to see which score is required for which prizes, please refer to the current prizes page on www.ezokka.com. The members are only entitled to the prizes displayed on the prizes page at the moment of winning and only while stocks last. Otherwise, a replacement prize is provided. RM reserves the right to change the prizes at any time and in any way.

6.2	Once achieved the right to receive a prize, it cannot be lost by subsequently falling below the required score on the account.

6.3	If different prizes are available on the same prize level, the member may choose a prize. If the member doesn’t choose a prize within three working days of achieving the required score, a prize is sent or given respectively to the member at RM’s discretion.

6.4	A cash payment of prizes is excluded.

7.	Conditions of ezokka

7.1.	Members are not allowed to post contents (such as texts, photos and internet links) on ezokka which infringe legal provisions, third parties’ rights or ethical principles (such as pornographic or racist contents).

7.2.	RM reserves the right to delete contents belonging to the topics referred to in section 7.1 without stating any reasons with the member not being able to raise a claim for damages or any other claim against RM.

7.3.	The members are explicitly made aware of the provisions of the Austrian law on pornography, the Austrian Prohibition Law [Verbotsgesetz] and the relevant provisions of criminal law, according to which transmission, distribution and display of certain contents are subject to legal restrictions or are forbidden. The members undertake to respect these legal provisions and to assume sole responsibility for compliance with these legal provisions.

7.4.	Holders of property rights can notify RM of competitions or any other contents which infringe their rights. RM shall remove these as fast as possible.

7.5.	ezokka reserves the right to delete individual bets at any time and without stating any reasons. In this case, the members’ wagered points are credited back to the accounts.

7.6.	If an event to which a bet refers is postponed by up to one week, the bet and the wagered point remain unaffected. If an event is postponed by more than one week or if the event is completely cancelled, the provision described in section 7.5 becomes effective.

7.7.	If, in an additional competition, individual events being part of the additional competition are cancelled or postponed - no matter by which period - a replacement tip is randomly chosen for the affected events.

7.8.	Members must not use addresses, contact data and e-mail addresses that they received by using ezokka for any other purposes than communication required for participating in the competition. It is particularly forbidden to sell these data or use it for transmission of advertising unless the respective member has explicitly agreed to this in advance.

8.	Limitation of RM’s liability

8.1.	RM is only liable for damages resulting from a deliberate or grossly negligent activity of RM. Any liability of RM for damages caused by minor fault - no matter for which legal ground it may be - is excluded, as far as legally admissible.

8.2.	Liability for compensation of indirect damages, especially of missed winnings, consequential damages and damages resulting from third parties’ claims against the member is excluded unless in case of wilful intent or gross negligence.

8.3.	RM is not liable for damages of members, users or third parties resulting from the behaviour of members, users or third parties. In particular, RM is not liable for the offered competitions. Any liability (for accuracy, currentness, completeness or legal admissibility) with regard to criminal law, entertainment law or liability law is excluded.

8.4.	RM is entitled to use third parties for performance of the contract, but in this case RM is liable for this third party like for its own behaviour if not agreed otherwise.

8.5.	In any case, RM’s liability is limited to 100% of the value which has the won prize. A compensation of any generated damages exceeding this value is definitely excluded.

8.6.	Any claim for damages or any other claim against RM must be legally asserted by a member within six months after the beneficiary learned or could have learned about the damage, but at the latest within one year after the event giving rise to the claim occurred.

9.	Release of liability

9.1.	The member exempts RM from any claims that other members, users or other third parties could assert against RM for infringement of their rights by contents posted on ezokka by the member or for any other use of ezokka by the member. The same applies if claims are asserted against RM for this reason under criminal law, judicially or extrajudicially, especially by means of private complaints because of slander, defamatory statement, damaging of one’s reputation according to criminal law or because of legal actions according to the Austrian Entertainment Law, the Austrian Copyright Act, the Austrian Act against Unfair Competition or because of libel and/or damaging of one’s reputation under civil law (§ 1330 Austrian General Civil Code). The member shall bear the costs of RM’s required legal defence including any legally applicable court costs and lawyer’s fees. If claims are asserted by third parties, the member shall immediately, truly and completely provide RM with any information required for the assessment of claims and the defence.

10.	Set-off

10.1.	Setting off of eventual claims the member might have against RM is excluded unless the claim is not denied by RM or established as final and absolute.

11.	Data protection, change of address, written form

11.1.	The provisions of the Austrian Data Protection Act as amended are respected.

11.2.	The member agrees that RM automatically saves and processes the data transmitted to RM for own market research and advertising.

11.3.	The member agrees that their name and winnings are announced to the members which the member defined to be part of their circle of friends on the platform.

11.4.	The member can revoke the aforementioned agreements at any time in writing by e-mail to webmaster@ezokka.com or by mail to the following address: Esterhazygasse 34/5, 1060 Vienna, Austria.

11.5.	The users’ registered data can be transmitted in order to fulfil legal obligations or official directives and in case of legal interest (especially for an effective litigation or legal defence). RM shall not sell or rent its users’ personal data to third parties which are not related to RM.

11.6.	The member is obliged to notify RM of a changed forwarding address as long as a won prize has not been sent. If such a notification is missing, declarations and winnings are also deemed to have been received when they are sent to the customer’s last indicated address.

11.7.	Any statements to RM shall be transmitted in writing or via e-mail to RM. Please refer to section 11.4.

12.	Consent to e-mail advertising; reference list

12.1.	The customer agrees to receiving information via e-mail from RM to a reasonable extent.

12.2.	The member can revoke this consent at any time by e-mail to webmaster@ezokka.com or by mail to the following address: Esterhazygasse 34/5, 1060 Vienna, Austria.

12.3.	The member agrees to be included in RM’s reference list that RM can use for advertising.

13.	Severability clause

13.1.	If individual provisions of these GTC are or become ineffective or unenforceable, the other provisions remain effective and enforceable. Any ineffective or unenforceable provision shall be replaced by an effective and enforceable provision which comes as close as possible to the purpose of the ineffective or unenforceable provision. The same applies correspondingly to loopholes.

14.	Amendment of these GTC

14.1.	RM reserves the right to amend these GTC at any time and without stating any reasons.

14.2.	The user is considered to have accepted the amendments of these GTC when they utilise the services for the first time after the amendment was published. If a member objects to the amended GTC, RM is entitled to block or delete the member’s account. Prizes already won remain in the member’s property.

15.	Place of performance, choice of law, place of jurisdiction

15.1.	Place of performance for any claims against RM is Vienna/Austria.

15.2.	These GTC and any contractual relationships with members or the participation in the competitions offered via ezokka are governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and any national or international conflict rules.

15.3.	The competent court for any disputes between RM and the member including the question of valid conclusion of a contract and the related effects before and after conclusion of the contract is the court having the jurisdiction as regards the subject matter in Vienna, Austria; at RM’s discretion, the court having the jurisdiction as regards the subject matter in the administrative district in which the member, user or third party has its residence, a branch or estate shall be competent. With regard to consumers in the terms of the Austrian Consumer Protection Act, the aforementioned provisions apply unless the Austrian Consumer Protection Act mandatorily stipulates other provisions.

15.4.	As to members, users or third parties who are consumers, the place of jurisdiction is at the respective residence of the member, user or third party.