Terms and Conditions of Participation for Digital Participation in the Virtual Launch: experienceCloud
Last updated: November 2020
§ 1 Scope
These Terms and Conditions of Participation for Virtual Launch: experienceCloud (“Event”) of rooom AG, Loebstedter Str. 47a, 07749 Jena, Germany ("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
• 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 the Organizer. 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 the Organizer 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 the Organizer 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 the Organizer, 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.