Terms and Conditions for Digital Participation in the Demo-Event "EXPO-X Next"
Last updated: January 2021
§ 1 Scope
These Terms and Conditions of Participation for the Demo-Event "EXPO-X Next" (“Event”) of rooom AG, Loebstedter Str. 47a, 07749 Jena ("Organizer"), apply to purchases of full conference passes (“Tick-et(s)”) and to registration for the Event and participation by attendees, sponsors, speakers, or partners (collectively “Participants”) in the Event. By purchasing Tickets and/or registering as a Participant, the buyer of the Ticket (“Customer(s)”) and/or the registering Participant accept(s) these Terms and Conditions of Participation. Confirmations from the Customer to the contrary that make reference to the Customer’s own terms and conditions of business or purchasing are here-by expressly rejected. Deviations from these Terms and Conditions of Participation are valid only if they have been con-firmed in writing by the Organizer. These Terms and Conditions of Participation apply even if the Organizer performs services without reservation while knowing of terms and conditions of the Customer that deviate herefrom or conflict herewith.
§ 2 Coming into
existence of the contract
2.1 The Organizer uses
the platform of rooom AG, Löbstedter Straße 47a, 07749 Jena, Germany, to hold
the Event.
2.2 Reselling or sharing of Tickets or any other unauthorized access to the Event is prohibited. In the event of a violation of the foregoing provision, the Organizer is entitled, in particular, to freeze the Ticket (access code) in question and deny the user the ability to participate in the Event by deleting the user profile, with no compensation being provided therefor, and to refuse to sell Tickets to the person responsible for another event in the future.
§ 3 Scope of
service
3.1 The Ticket
allows the Customer and the registered Participant to participate in the Event
and use Event-related services (“Services”) that are provided during the Event.
These kinds of Services may include the following, depending on availability
and without establishing any claim thereto: one-on-one video calls, chats,
speaker discussions, sponsoring, recruiting, and other functions.
3.2 The Organizer
reserves the right to amend, restrict, or cancel the use and/or scope of one or
more Services before and during the Event.
3.3 Any and all
statements made by the Organizer with regard to the Event or the Services in
advertising materials, on websites, and in the documentation constitute merely
descriptions of the product and do not establish any warranty or representation
concerning a specific characteristic except where expressly designated as such.
3.4 The Organizer
shall make reasonable efforts to ensure that the Event and the Services are
available at all times during the Event dates. The measuring point for
determining whether the Event is available and the Services are available for
use is the interface between the Event platform and the Internet.
3.5 The Organizer
cannot be held responsible in the following situations unless conduct that is
grossly negligent or intentional at the least can be attributed to it:
• downtime caused by malfunctions of the Internet or other
circumstances for which the Organizer is not responsible, particularly an
epidemic or pandemic (such as COVID-19) or an event of force majeure;
• downtime caused by obligatory un-scheduled maintenance work that is required
in order to eliminate disruptions; if possible, the Customer and the registered
Participant will be informed of any disruption by a notification on the Event
website; and
• downtime caused by temporary defects in the technical infrastructure of the
Customer and the registered Participant, such as malfunctions in the hardware
of the Customer and the registered Participant.
§ 4 User profile
4.1 Customers and
registered Participant are asked to set up a user profile on the Event platform
before participating in the Event. Customers and registered Participants affirm
that they:
• will register using their full and correct name and a valid e-mail
address;
• are at least 16 years old;
• will use a secure password and treat this password as confidential;
• will prevent unauthorized use of their user accounts by third parties; and
• will observe all applicable legal provisions and the user guidelines of the Organizer.
4.2 Setting up a
user profile with false information constitutes a violation of these Terms and
Conditions of Participation and entitles the Organizer to terminate the
agreement immediately and without observing a notice period and to exclude the
Customer or Participant from participation in the Event.
4.3 The Customer and the registered Participant are responsible for anything and everything taking place via their user profile unless the Customer and the registered Participant have closed the user profile beforehand or notified the Organizer of abuse thereof.
§ 5 Obligations of
the Customer and Participant; rights of use
5.1 Customers and
Participants bear sole responsibility for providing, servicing, and maintaining
all technical equipment and systems that are necessary in order for them to
access the Event and use the Services, particularly the necessary hardware, an
operating system, a solid Internet connection, and current browser software.
5.2 Customers and
Participants are obligated not to share their password and account information
with third parties and to protect these against access by third parties. Users
can be held liable for any abuse of their account for which they are at fault.
5.3 Customers and
Participants hereby agree to respect the rights of third parties, including
those of the Organizer. Therefore, Customers and Participants are, in
particular, not permitted to
• use the information received in connection with the Services (such as
con-tact information) or communication Services (contact with other users) for
advertising purposes;
• transmit or enter data that could, due to their nature, properties, size, or
quantity, damage or freeze the entire IT infrastructure of the Organizer or the
computers of other third parties or could spy on or damage data stored on this
IT infrastructure (e.g., through viruses, Trojans, or spam e-mails); and/or
• take actions or disseminate content in conjunction with the use of the
Services in violation of the rights of third parties (such as copyright,
trademark rights, personal or privacy rights and rights of data protection) or
of statutory provisions, particularly criminal laws, provisions of law for the
protection of youth, data protection provisions, and/or the provisions of the
law of competition.
§ 6 Statement,
information, and content for shared use
6.1 The Services
may enable the transmission and sharing of statements, information, and content
between Customers and registered Participants. Statements, information, and
content that Customers and registered Participants transmit or use jointly or
otherwise communicate may be observed by other Customers, Participants, or
third parties. Customers and registered Participants are responsible for the
statements, information, and content that are shared with other Customers and
registered Participants and for the chosen method of sharing statements,
information, and content.
6.2 The Organizer is not obligated to publish statements, information, or content via the Service and is permitted to remove statements, information, and content with or without notice.
§ 7 Rights of
ownership
7.1 The Customer
and the registered Participant hereby affirm that the Customer and the
registered Participant are, in each case, permitted to transmit and/or publish
the statements, information, and content provided by the Customer and the
registered Participant during participation in the Event and use of the
Services. The Customer and the registered Participant hereby also declare that
the statements, information, and content that are provided, jointly used, or
otherwise transmitted by the user or the company do not violate applicable law
or the rights of third parties (including intellectual property rights).
Furthermore, the Customer and the registered Participant each affirm that the
profile data in the user profile are truthful. The Organizer may be legally
obligated to remove certain statements, information, or content.
7.2 The Customer
and the registered Participant grant the Organizer a worldwide, transferable
right of use, subject to sub-licensing, for the statements, information, and
content, including the right to use, copy, modify, distribute, publish, and
process the statements, information, and content that are provided, jointly
used, or otherwise communicated by the Customer and the registered Participant
via the Services without any further consent on the part of the Customer and
registered Participant and without further notification and/or any obligation
to pay a licensing fee to the Customer and registered Participant or third
parties on the part of the Organizer.
7.3 The Customer
and registered Participant shall indemnify and hold harmless the Organizer in
each case from and against all claims, legal actions, and/or other proceedings
brought by third parties against the Organizer with regard to the right of use
granted by the Customer and registered Participant to JENOPTIK. This
indemnification encompasses all losses that the Organizer has suffered, along
with other costs and expenditures, particularly, but not limited to, those
arising from court fees and costs and/or attorneys’ fees.
7.4 The Customer
and the registered Participant can terminate the right of use for certain
statements, information, and content at any time by deleting these statements,
information, and content from the Services or closing the user profile; in this
case, the Customer and registered Participant must take the following into
account:
• other Customers and/or registered Participants may have copied the
statement, information, and content exchanged within the Services;
• other Customers and/or registered Participants may have released or stored
this; and
• the Organizer requires a reasonable time span to remove this statement,
in-formation, and/or content from security and other systems.
§ 8 Statements,
information, and content
8.1 When using the
Services, the Customer and the registered Participant may encounter statements,
information, and/or content that are inaccurate, incomplete, late, misleading,
illegal, insulting, or otherwise harmful. The Organizer is under no obligation
to review, correct, complete, or otherwise change any statements, information,
and/or content provided by other Customers and registered Participants. The Organizer
is not responsible for the statements, information, and content of other
Customers and registered Participants and therefore cannot be held liable for
damage and/or losses occurring as a result of statements, information, and
content of Customers and registered Participants.
8.2 Furthermore, the
Organizer is not responsible for services that are offered and/or provided to a
Customer and registered Participant by another Customer or another registered
Participant or a third party during participation in the Event and/or use of
the Services. Any offering or provision of services through the use of the
Services takes place exclusively between the Customer and a registered
Participant and another Customer, another registered Participant, or a third
party.
8.3 In this
context, the Customer and registered Participant agree that the Organizer:
• is not responsible for offering, performing, or purchasing these
services;
• does not endorse any particular service offered by a Customer and registered
Participant; and
• is not permitted to enter into any employment, agency, or joint venture
relationship with a Customer and registered Participant that offers services.
8.4 If the
Customer and the registered Participant offer services via the Services, the
Customer and the registered Participant each represent and warrant that the
Customer and the registered Participant hold all necessary licenses, approvals,
and other authorizations that are necessary in order to offer and/or provide
the service, and that the Customer and the registered Participant will offer
and/or provide services that are in accordance with the code of conduct and
user guidelines of the Organizer.
§ 9 Exclusion and
limitation of liability
9.1 The Organizer
makes no representation or warranty with regard to the Event and Services or
any representation that the Event and/or Services will run without interruption
or without errors. The Event and the Services (including content and
information) are provided “as is” and “as available.”
9.2 The Organizer
also makes no representation or warranty for income or profit expectations
and/or business opportunities that are directly or indirectly associated with
participation in the Event and/or the use of the Services by the Customer or
registered Participant.
9.3 Liability is
excluded except where mandatory liability exists pursuant to the German Product
Liability Act (ProdHaftG) or due to intent or gross negligence, due to loss of
life, bodily injury, or impairment of health, provision of a warranty of a
particular quality, malicious concealment of a defect, or breach of essential
contractual obligations. “Essential contractual obligations” means those
obligations whose fulfillment renders the proper execution of a contract
possible in the first place and in compliance with which the Parties are
generally permitted to trust. Damages due to violation of essential contractual
obligations are limited to the amount of damage and/or losses foreseeable and
typical of the contract, except in cases of intent or gross negligence.
9.4 The Organizers
liability irrespective of fault for defects that exist at the time when the
registration is concluded in accordance with Sec. 536a (1), first sentence, of
the German Civil Code (BGB) is ruled out.
9.5 To the extent
that liability on the part of JENOPTIK is ruled out or limited, this also
applies to the personal liability of the employees, workers, representatives,
and vicarious agents of the Organizer.
§ 10 Changes/postponement/cancellation
of the Event
10.1 The Organizer
reserves the right to change the program and/or the time of various events
within the Event. In this case, the agreement and the access to the Event will
automatically be extended by the relevant period, and the dates of the Services
to be provided will be shifted to the new period that applies to the Event.
10.2 If the Organizer
is obliged to cancel the Event for organizational reasons or other reasons for
which JENOPTIK is not responsible, any compensation that may have been paid for
the Tickets will be refunded. The Customer or registered Participant shall have
no further claims, particularly for losses and/or damage.
§ 11 Online dispute
resolution platform
11.1 The European
Commission provides a platform for online resolution of disputes out of court
(ODR platform). This platform can be accessed at
www.ec.europa.eu/Consumers/Odr. Contact information for JENOPTIK, including the
e-mail address, is posted in the legal notice on the website for the
Event.
11.2 The Organizer
is neither obligated nor willing to participate in the dispute resolution
procedure.
§ 12 Miscellaneous
provisions
12.1 The place of
performance and place of jurisdiction for all disputes arising in connection
with this contractual relationship is Berlin if the Customer or Participant is
a merchant as defined in German law (Kaufmann), a legal entity existing under
public law, or a public-law special fund or if at least one of the Parties does
not have a general place of jurisdiction in the Federal Republic of
Germany.
12.2 The laws of the
Federal Republic of Germany apply on an exclusive basis to all disputes arising
out of or in connection with the Agreement and these Terms and Conditions of
Participation and/or the participation in the Event, irrespective of the legal
basis therefor, to the exclusion of conflict-of-laws rules that would refer the
matter to a different jurisdiction. The United Nations Convention on Contracts
for the International Sale of Goods (CISG) does not apply.
12.3 Should
individual provisions of these Terms and Conditions of Participation be
invalid, the validity of the remaining provisions shall be unaffected
thereby.
12.4 The invalid provision must be supplemented in such a way that the intended purpose is achieved.