Terms of Use of the TOYSANDKIDS Event Platform
1. Service
1. Service
1.1 Event platform
(1) The B & B Merchandising GmbH, Deichslerstr. 5, 90489 Nürnberg, Managing Director: Carlos Blank, email: info@toysandkids.com, is the organiser (hereinafter: "Organiser") of the TOYSANDKIDS event platform and provides an online platform for the areas of toys, digital games, and babies and toddlers via the www.toysandkids.com website (hereinafter: "the Platform").
(2) The Platform offers exhibitors and visitors (hereinafter collectively: “Participants"), i.e. (specialist) dealers, manufacturers and comparable groups, the possibility of registering and thus contacting and communicating with each other as registered Participants (users), as well as the possibility of participating in digital events and trade fairs (events or digital showrooms). The goods and services presented relate to the areas of toys, digital games, and babies and toddlers. The Platform therefore offers the possibility of product advertising and information as well as maintaining national and international contacts within the aforementioned industries. Participants can create individual personal profiles, access content available on the Platform and use the other free and paid services available on the Platform within the scope of the respective role and availability. Further information on the services can be found in Section 7.
(3) Manufacturers and relevant stakeholders (e.g. associations) can register on the Platform as exhibitors for a fee (Section 4 (2)). Exhibitors can also be “freemium” Participants (Section 4 (2)).
(4) (Specialist) dealers and other selected groups of Participants (e.g. press representatives) can register as visitors (Section 4 (3)).
(5) The technical operator of this Platform (NEWROOM Connect) is Newroom Media GmbH (hereinafter: "Operator"), Hildeboldplatz 15-17, 50672 Cologne, website: https://newroom-media.de, and is thus responsible for the technical provision and availability. The Organiser is responsible for the content of the Platform.
(6) These Terms of Participation and Use shall govern the provision of the services by the Organiser and the use of these services by correctly registered Participants.
1.2 Prerequisites for participation and scope of the Terms of Use
(1) In order to register and use the services on this Platform, the Participant must be active in the business-to-business ("B2B") area. The Platform is aimed exclusively at entrepreneurs as defined in Section 14 of the German Civil Code. The participation of consumers as defined in Section 13 of the German Civil Code ("B2C") shall be excluded.
(2) Upon registration, a usage contract is concluded between the registered Participant (user) and the Organiser (see Section 3).
(3) An Exhibitor Contract is additionally concluded between the Organiser and the exhibitors, in which the respective conditions, including the package prices, services and obligations of the contracting parties, are regulated.
(4) In respect of the services offered and rendered by the Organiser on this Platform, the registered Participants (users) shall be bound by the Terms of Use of the Organiser (1.1 (1)) and the Operator (1.1 (5)), which must both be accepted by the Participants. The Terms of Use of the Operator can be found under the following link https://b2bplatform.toysandkids.com/nrm_terms_of_use/ and/or are provided by the Organiser together with the contract documents.
2. Changes to the Terms of Participation and Use
(1) The Organiser reserves the right to change these Terms of Participation and Use at any time, also during an existing usage contract, with effect for the future.
(2) The Organiser will notify the registered Participants of such changes at least 30 calendar days before the changes are planned to take effect. If you do not object within a period 30 days of receipt of the notification or continue to use the services following expiry of the objection period, the changes will be deemed accepted from the expiry of the said period. In the event of your objection, it may no longer be possible to continue the usage contract. When notifying you of changes, the Organiser will advise you of your right to object and the consequences of objection.
(3) These changes also apply to changes relating to the Operator.
(4) In the event of changes in value added tax, the Organiser shall be entitled to adjust the remuneration for paid use in accordance with this change, whereby the aforementioned right to object shall not apply.
3. Registration
3.1 Registration authorisation
(1) The use of (participation in) the services available on the Platform requires registration as a Participant. Effective registration of the company as an exhibitor or visitor may only be carried out by a natural person of legal age, with unlimited legal capacity and with authorisation to represent the company. Minors are not allowed to register.
(2) Only the following persons shall be authorised to register:
• manufacturers and corresponding stakeholders (e.g. associations) may register as exhibitors, and
• (specialist) dealers and other selected groups of Participants (e.g. press representatives) may register as visitors
in the areas of toys, digital games, and babies and toddlers.
3.2 Registration process
(1) The Participant has the option of registering free of charge as an exhibitor or visitor on the website of the Organiser (www.toysandkids.com) in a contact form as an exhibitor or visitor for the purpose of establishing/acquiring contact.
(2) In order to register, the Participant must provide correct and complete company information (company name, title, first name, surname, email, telephone). Furthermore, the Participant must agree to the Organiser’s data protection regulations (Section 11.1).
(3) After providing the necessary company information and pressing the "Send" button, the Participant is registered free of charge for the purpose of establishing/acquiring contact.
(4) If the Participant wishes to register for access to the Platform, they must click on the corresponding registration link on the www.toysandkids.com website, fill in the registration form by providing the mandatory information, choose a password and click on the “Register now for free” button. The Participant will then receive an automatic reply email and will be required to confirm their email address as part of the double opt-in procedure.
(5) Depending on the type of Participant (exhibitor, visitor, press representative, other), the information will be checked by the Organiser:
a) Visitors
Visitors may be required to provide further evidence. Visitors also have an option of creating an interest profile in order to receive regular information from the Organiser about relevant and personalised events and exhibitor activities (newsletter); the visitor’s consent is required for this purpose. Visitors may withdraw their consent to receive the newsletter at any time with effect for the future. In order to withdraw your consent, please contact the Organiser at the following email address: info@toysandkids.com.
b) Exhibitors
Exhibitors will receive an email from the Organiser containing a booking form with the package options as defined in Section 4, the Exhibitor Contract, as well as these Terms of Use. The exhibitor must sign the Exhibitor Contract, select a package as defined in Section 4, and send it to the Organiser in electronic form (email). After the invoice has been issued and following receipt of payment by the Organiser, the Organiser will create an account for the exhibitor. Each exhibitor account is then assigned a selected number of individual employee accounts with usernames and passwords.
(6) Following a successful check and provision of the necessary evidence, the use of the available services (depending on the package) is activated by the Organiser, whereby the registered Participant is assigned an authorisation. After activation, the exhibitor account, and its individual accounts, can be used within the scope of these Terms of Use. The Participant will be informed of successful activation by email.
(7) The Organiser shall be entitled to check the information provided by the Participant for completeness and plausibility and, if necessary, to request evidence (e.g. dealer authorisation). The Organiser does not accept any liability for the accuracy of the information provided.
(8) There shall be no entitlement to participation. The Organiser shall be entitled to refuse participation (registration) without stating reasons.
4. Participation options, packages and costs
(1) Depending on the selection and effective registration, the Participant shall have various options for participation. These are described in Section 4 (2) for exhibitors and in Section 4 (3) for visitors.
(2) Exhibitors can choose from a range of packages, with the option of switching between packages. With regard to the selection options, the details of the respective packages, the prices and the terms of payment, reference is made to the price list.
(3) (Specialist) dealers can use the Platform free of charge.
5. Access data and account maintenance
(1) The Participant or the personalised users can log into the Platform by using their personal username and password (login).
(2) The Participant or personalised user must maintain confidentiality in respect of the access data, including the password, and may not make it accessible to unauthorised third parties.
(3) The Participant or the personalised user must ensure that their access to the Platform and the services available on the Platform are used exclusively by the Participant or by the persons authorised by the Participant. Should you suspect that unauthorised third parties may have gained or are likely to gain knowledge of your access data, you must inform the Organiser thereof without undue delay.
(4) The Participant or the personalised users are obliged to keep their personal data up-to-date and to inform the Organiser immediately of any changes. The adjustments to be made by the Organiser shall be subject to a fee according to the price list.
6. Term of contract, period of use and termination of participation
(1) The period of use for exhibitors is determined by the term of the respective contract. The term of contract (usage contract) shall be limited to one year (minimum term of contract). If the exhibitor does not cancel the contract three months before the end of the term of contract, the term of contract shall be automatically extended by a further year.
(2) The period of use for visitors is unlimited. Visitors can cancel their registration on the Platform at any time by sending an email to the Organiser (info@toysandkids.com) requesting the deletion of their account.
(3) The exhibitor’s participation may be terminated by the exhibitor. Termination by the exhibitor shall be subject to a notice period of three months.
(4) The Organiser shall have a special right of termination where the exhibitor fails to comply with their payment obligations in good time (default). In this case, Section 9.6 shall apply accordingly. Further details are regulated in the Exhibitor Contract, to which reference is hereby made.
(5) Participation may also be terminated by the Organiser if the Organiser suspends the provision of services on the Platform. The Organiser shall be entitled to discontinue the Platform without stating reasons. In the event of discontinuation, the Organiser must inform the Participant thereof 30 days before the Platform is discontinued. In this case, exhibitors will be proportionately reimbursed for the payments made. Further details are regulated in the Exhibitor Contract, to which reference is hereby made.
(6) Upon effective deregistration or termination, the usage contract shall end and the Participant may no longer use their account. The Organiser will block the Participant's account immediately after deregistration or termination.
7. Platform services and content
7.1 Services and availability of services
(1) The Organiser provides the Participants with services for the purposes described in Section 1 (2).
(2) Depending on the package, the following services shall be available to the Participant, together with the corresponding content:
a) Visitors
• Creation of an individual interest profile
• Access to exhibitor pages / digital showrooms with product presentations, product information, company information and contact options. Restrictions may be possible if the exhibitor or Organiser wish to allow access to certain Participants only.
• Text chat function with the Organiser and selected exhibitors
• Appointment management for video calls with selected exhibitors
• Info desk of the Organiser (help, information)
• Access to the Platform's media library. Restrictions may be possible if the content provided is only available to selected Participants or if access is subject to a fee.
• Event area: Event streaming for invited Participants / events for a fee with separate access and password
• Access to the Platform's auditorium: Event streaming for Participants
• Guided tours
• Exhibitor search (with filter function)
• Visitor survey
• Submission of digital business cards
b) Exhibitors
• Exhibitor page / digital showroom (range of functions depends on the tariff booked)
• Front-end access to own exhibitor page
• Back-end access to own exhibitor page, where the user has been granted this access right in accordance with the concluded Exhibitor Contract.
• Creation of an exhibitor profile (categorisation of the exhibitor page), where the user has been granted back-end access.
• Link to the exhibitor's email address.
• Text chat function with the Organiser
• Text chat function with Participants (only possible with a premium tariff). This is a one-way group chat, which means that the exhibitor can only respond to the text chat.
• Receipt of appointment requests from Participants (only possible with a premium tariff)
• Access to the info desk of the Organiser (help, information)
• Access to the Platform's media library. Restrictions may be possible if the content provided is only available to selected Participants or if access is subject to a fee.
• Event area: Event streaming for invited Participants / events for a fee with separate access and password
• Access to the Platform's auditorium: Event streaming for Participants
• Access to guided tours
• Exhibitor search (with filter function)
• Visitor survey
(3) The services available on the Platform may also include third-party services to which the Organiser merely provides access. The use of such services that are identified as third-party services may be subject to regulations which are different from or apply in addition to these Terms of Use, whereby the Participant will be advised thereof by the Organiser.
(4) In addition, the right to use the services available on the Platform shall apply only within the technical and operational possibilities of the Operator. The Organiser endeavours to ensure that, as much as possible, the services can be used without interruption. However, technical malfunctions (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines) can result in temporary restrictions or interruptions.
(5) Restriction of availability
In some countries, certain services (e.g. Microsoft Online Services (see https://www.microsoft.com/en-gb/microsoft-365/business/international-availability) may not be available. This is beyond our control. Any liability in this respect shall be excluded.
7.2 Changes to services
The Organiser shall be entitled to change services and offer new services at any time.
8. Protection of content, responsibility for third-party content, references
(1) The content available on the Platform is protected by copyright or other property rights (including trademark and patent rights) and is the property of the Organiser, other Participants or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work as defined in Section 4 (2) and Section 87a (1) of the German Act on Copyright and Related Rights (Urheberrechtsgesetz). You may only use this content in accordance with these Terms of Use.
(2) The content available on the Platform originates partly from the Organiser and partly from other Participants or other third parties. Content of the Participants and of other third parties shall be understood as third-party content. The Organiser shall not be obliged to verify the completeness, correctness and lawfulness of third-party content from Participants or other third parties and therefore assumes no responsibility or guarantee for the completeness, correctness, lawfulness and timeliness of third-party content. This shall also apply with regard to the quality of third-party content and its suitability for a specific purpose, and to third-party content on linked external websites.
(3) The Organiser shall not be obliged to investigate any violations of copyright or other property rights (including trademark and patent rights) which may have been committed by Participants. Section 9.5 (4) shall apply accordingly to Participants.
(4) In the event of violations, the Organiser shall be entitled to immediately block the Participant's access (account). This shall apply in particular where there is an initial suspicion of a violation and pending an investigation procedure. Section 9.6 shall apply accordingly.
(5) The exhibitors and visitors agree that their references (including company logos, photos of the digital showrooms with the products) may be used by the Organiser for the Organiser’s own marketing purposes. For this purpose, the exhibitor grants the Organiser a simple right of use exclusively for these purposes.
9. Use by the Participant
9.1 Scope of permitted use, monitoring of usage activities
(1) The usage authorisation shall be limited to access to the Platform and to the use of services available on the Platform within the framework of these Terms of Use.
(2) The Participant alone shall be responsible for satisfying the technical requirements which are necessary for the contractual use of the services.
(3) The Organiser wishes to advise the Participants that the usage activities of the Participants may be monitored to the extent permitted by law. Among other things, this may include the logging of IP connection data, chat histories and evaluation thereof in the event of a specific suspicion of a violation of the present Terms of Use and/or a specific suspicion of another illegal act or criminal offence.
9.2 Creation of user profiles
Depending on the package, the exhibitor shall receive further personalised access (individual accounts as user profiles) for employees, managing directors, sales representatives or external parties (e.g. sales personnel). Section 5 shall apply accordingly.
9.3 Posting of own content by the Participant
(1) Insofar as the respective function is available on the Platform, the Participant may post content on the Platform and thus make it available to third parties, giving due consideration to the regulations set out below.
2) By posting content on the Platform, the Participant shall be deemed to grant the Organiser a free-of-charge and transferable right to use the respective content, in particular:
• to save the content on the Operator's server and publish and make it accessible to other Participants and other third parties on the Platform, and
• to process and reproduce it, where this is necessary for the provision or publication of the respective content
(3) If the content posted by the Participant is subsequently removed from the Platform, the right of use and exploitation granted to the Organiser according to the foregoing shall expire. However, the Organiser shall remain entitled to keep any copies made for backup and/or verification purposes. The rights to use the content posted by you which has previously been granted to the Participants shall also remain unaffected.
(4) The Participant hereby declares and assures the Organiser that they are the sole owner of all rights to the content posted on the Platform, or that they are otherwise authorised (e.g. through effective permission from the rights holder) to post the content on the Platform and to grant the rights of use and exploitation in respect thereof.
(5) The Organiser reserves the right to refuse the posting of content and/or to edit, block or remove already posted content (including private messages and guest book entries) without prior notice, where the posting of the content by the Participant or the posted content itself gives rise to a violation of Section 9.5 or where there are concrete indications that it will result in a serious violation of Section 9.5.
9.4 Right of use in respect of content available on the Platform
(1) Unless further use is expressly permitted in these Terms of Use or on the Platform, or is enabled on the Platform by way of a corresponding function (e.g. a download button),
• the Participant may access and display the content available on the Platform online exclusively for personal purposes. This right of use shall be limited to the duration of your contractual participation in the Platform;
• the Participant must not edit, change, translate, show or demonstrate, publish, exhibit, reproduce or disseminate, either in whole or in part, any third-party content available on the Platform (e.g. that of other users). Likewise, the Participant must not remove or change copyright notices, logos and other marks or proprietary notices.
(2) The Participant shall only be entitled to download content and to print out content if the corresponding download or print function has been made available on the Platform (e.g. using a download button).
(3) In respect of the content correctly downloaded or printed out by the Participant, the Participant is granted a perpetual and non-exclusive right of use for the Participant’s own commercial purposes (e.g. taking product photos for shops). Section 8 shall apply accordingly.
9.5 Prohibited activities
(1) The Participant is prohibited from undertaking any activities on or in connection with the Platform that violate applicable law, the rights of third parties or the principles of the protection of children and youth. In particular, the following activities shall be prohibited:
• posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection legislation, data protection law and/or other law and/or are fraudulent;
• the use of content that is offensive or defamatory towards other Participants or third parties;
• the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without an express authorisation;
• advertising, integration or linking of competing platforms or marketplaces, and
• installation of own software or tracking modules on the Platform.
(2) Furthermore, irrespective of a possible violation of the law, when posting your own content on the Platform and when communicating with other Participants (e.g. by sending personal messages, participating in discussion forums or writing guest book entries), you shall be prohibited from undertaking the following activities:
• spreading viruses, Trojans and other harmful files;
• sending junk or spam emails as well as chain letters;
• disseminating suggestive, offensive, sexual, obscene or defamatory content or communication as well as such content or communication that promotes or endorses racism, fanaticism, hatred, physical violence or illegal acts (either explicitly or implicitly in each case);
• harassing other Participants, e.g. through repeated personal contact without or in spite of the other Participant’s response, as well as promoting or endorsing such harassment;
• soliciting other Participants to reveal their passwords or personal data for commercial or unlawful and/or illegal purposes;
• distributing and/or publicly reproducing content available on the Platform, unless this is expressly permitted by the respective author or a corresponding function is expressly made available on the Platform.
(3) The Participant is also prohibited from any action that is likely to impair the trouble-free operation of the Platform, in particular, from overloading the Operator's systems.
(4) Should a Participant become aware of illegal, abusive, non-contractual or otherwise unauthorised use of the Platform, they must immediately contact the Organiser by email on info@toysandkids.com or by letter post to B & B Merchandising GmbH, Deichslerstr. 5, 90489 Nürnberg, Germany. The Organiser will review the process and, if necessary, take appropriate steps.
(5) If there is a suspicion of illegal or criminal acts, the Organiser shall be entitled to review your activities and, if necessary, take appropriate legal steps.
9.6 Blocking of access
(1) The Organiser can temporarily or permanently block access (account) to the Platform at any time if there are concrete indications that these Terms of Use and/or applicable law have been violated or if the Organiser has any other legitimate interest in the blocking of access. Participants may be permanently excluded from participating in the Platform.
(2) Should the Participant’s access be temporarily or permanently blocked, the Organiser will block the Participant’s account and notify them thereof by email.
10. Liability
10.1 Liability of the Participant
Each Participant shall be liable for their use and/or activity undertaken using their account in accordance with the statutory provisions.
10.2 Liability of the Organiser and the Operator
The Organiser and the Operator shall only be liable for their own negligence.
10.3 Liability of the Organiser for services subject to a fee
In the case of services subject to a fee (paid services), the Organiser’s liability shall be as follows:
(1) The Organiser shall be fully liable for damage caused intentionally or through gross negligence by the Organiser themselves or by their vicarious agents, or caused by action on the part of the Organiser that results in injury to life, limb or health.
(2) Where the registered Participant (user) suffers damage through the use of the services made available on the Platform, the Organiser shall only be liable insofar as the registered Participant (user) has suffered such damage as a result of the contractual use of the services, and only in the event of intent, gross negligence or malice on the part of the Organiser.
(3) The liability of the Organiser for damage caused by slight negligence shall be limited to the damage that can typically be expected to occur in the context of the respective usage relationship (foreseeable damage typical of the contract in question). This shall also apply to slightly negligent breaches of duty on the part of the Organiser’s vicarious agents.
(4) The Organiser shall not be liable in the event of slightly negligent breach of only insignificant contractual obligations.
(5) In all other cases, the Organiser's liability shall be excluded.
(6) Liability under the German Product Liability Act shall remain unaffected.
10.4 Liability of the Organiser for free services
Where the registered Participant (user) suffers damage in the context of free services, the Organiser shall only be liable insofar as the damage has arisen as a result of the contractual use of the free services, and only in the event of intent, malice and gross negligence on the part of the Organiser or the Organiser’s vicarious agents.
11. Other provisions
11.1 Data protection
The Organiser processes personal data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) in its currently valid version. Further information on data protection can be found on the Organiser's website under “Privacy Policy”.
11.2 Written form requirement
Unless otherwise expressly stated in these Terms of Use, all changes must be made in writing.
11.3 Severability clause
Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. The invalid provision shall be deemed replaced by an effective provision which comes closest to the economic intent of the contracting parties.
11.4 Applicable law
These Terms of Use shall be subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (Convention of Contracts for the International Sales of Goods, CISG).
11.5 Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from these Terms of Use shall be the registered office of the Organiser, insofar as such an agreement on the place of jurisdiction is permissible.