Terms of use - Newroom Media
Newroom Media GmbH, Hohenzollernring 52, 50672 Cologne (hereinafter the operator) offers companies (hereinafter the organizer) the provision of an online platform for virtual events (hereinafter the newroom connect platform). These take the form that a virtual event is created via the Internet, which can be freely designed by the organizer, which is structured like an exhibition center and offers all the possibilities of a real event, such as the presentation at trade fair stands, lectures, chats, conversations, the showing of media of any kind and of course the establishment of contact (hereinafter the virtual event). Within the framework of these virtual events, third parties (hereinafter referred to as the exhibitor) can present themselves, their company, their employees and their products. The exhibitor operates a virtual exhibition stand. This offers various functions, such as the provision of information about the exhibitor's company, chat and telephony with employees of the exhibitor, the provision of digital goodies and the integration of media of all kinds, such as lecture videos (followed by the digital trade fair stand). Exhibitors can participate without a fee or for an exhibitor fee. In addition to the exhibitors, visitors (hereinafter referred to as users )can visit the virtual event. Depending on which area the user enters, admission for the users can be free of charge or for an "entrance fee".
Access to a virtual trade fair is in accordance with the following terms of use.
1. Parties when using the newroom connect platform
1.1. The terms and conditions apply to the following contracting parties:
Operator: Newroom Media GmbH, Hohenzollernring 52,50672 Cologne, represented by the managing director Ben Gondek.
Organizer: The organizer designs the virtual event based on the possibilities provided by the operator freely according to his choice.
Exhibitors: Companies that have registered in accordance with the conditions set out in this contract in order to participate as an exhibitor in the events of the operator or an external organizer. He operates the digital exhibition stand.
Users: External customers who have registered in accordance with the conditions set out in this contract in order to participate in events Users under the age of 16 require a declaration of consent from their legal guardians.
1.2. When a contract is concluded on the basis of these terms and conditions, the following provisions shall also become part of the contract:
• The "Special Terms of Use for Organizers".
• "Order processing contract", according to which the operator processes personal data on behalf of and under the instructions of the organizer.
2. Subject matter of the Terms of Use
2.1. These Terms of Use regulate the rights and obligations for the organizer, exhibitors and users to use the newroom connect platform.
2.2. The subject matter of these Terms of Use is the granting of a license by the operator for the use of the newroom connect platform for organizing and visiting a virtual event. The use of the newroom connect platform is licensed for single/multiple events and can be used after purchase from the beginning of the virtual event until its end. The virtual event will be held live and re-live. Re-live means that the virtual event can still be attended – but there is no longer a live chat with the exhibitors and lectures can be called up as recordings Within the newroom connect platform, there are various features in which data (media, personal data) can be exchanged. The exchange of data can be done both by uploading and by downloading from the platform. As part of the events, exhibitors and users can be connected to each other for chat and video calls.
3. Conclusion of contract
3.1. Sending product offers from the operator does not constitute a binding offer. If the user orders the services offered therein, the operator is entitled to accept this contractual offer of the user within 14 days. The acceptance of the offer takes place by an order confirmation of the operator by e-mail or alternatively by otherwise conclusive action.
3.2. If the contract is concluded online, a binding contract offer is made by clicking on the "Send order" button. The conclusion of the contract is concluded by the subsequent written order confirmation by e-mail by the operator.
3.3. These Terms of Use shall become part of the contract in accordance with the declaration in the offer, unless the complete waiver of these General Terms and Conditions including all other conditions listed here has been expressly declared in writing.
3.4. The user and the exhibitor accept the General Terms and Conditions of Use by using the NEWROOM Connect platform.
4. Obligations and obligations of the operator
4.1. The operator provides the newroom connect platform and grants the rights of use to the organizer, exhibitor and user.
4.2. The virtual event can be held at any time according to the specifications of the organizer. Force majeure such as wars, natural disasters, pandemics, etc., which make it particularly difficult for the operator to provide its services, entitle the operator to make up for them at a later date. However, maintenance, security or capacity issues as well as events that are not within the operator's sphere of influence and are not foreseeable (such as.B strikes, disruptions to public communication networks, power outages, etc.) are also considered force majeure. Even if there are short-term disruptions or the temporary discontinuation of the services on the platform due to software and hardware errors, in particular the software and hardware and IT infrastructure of the operator, the operator is entitled to make up for his performance at a later date. The operator assures an availability of the newroom connect platform during the period of the virtual event of 99%. The operator is not liable for technical problems on the part of the organizer, the exhibitors or the users.
4.3. When providing the services, the operator may use networks, facilities and technologies of third parties that are not owned or controlled by the contracting parties. The use does not have to be recognizable to the organizer/exhibitor/user.
4.4. The operator is entitled to remove content from the platform without prior notice if it is unlawful. The operator also reserves the right to reject certain organizers or exhibitors if they present punishable content. But even in the case of pornographic, violence-glorifying or such content that violates the free democratic basic order, an organizer/exhibitor/user can be excluded from a virtual event. If the organizer draws the operator's attention to illegal content, the operator will immediately check it and remove it in the event of illegality.
4.5. The operator reserves the right to make changes to the newroom connect platform at any time for technical, legal, data protection or other reasons.
4.6. The organizer can also operate a digital booth at the virtual event.
5. Obligations of the organizer and the exhibitors
5.1. The Organizer and the Exhibitors undertake to use the services provided by the Operator only in accordance with these Terms of Use.
5.2. The organizers and exhibitors undertake in particular to:
5.2.1. insofar as it is possible for them to check the performance of the operator and to notify the operator immediately of any disruptions,
5.2.2. not to misuse the access possibilities to the services offered by the operator and to refrain from legal and/or unlawful acts,
5.2.3. to refrain from attempting,
• to enable other persons/companies to misuse the newroom connect platform, for example to grant access to the platform to all other parties except organizers, exhibitors and users.
• to distribute and/or make accessible criminal content of any kind, in particular pornographic, violence-glorifying or such content that violates the free democratic basic order, via the newroom connect platform.
• not to offer or distribute copyrighted content without authorization.
5.3. The organizers and exhibitors confirm that they have the rights to images, content, texts, videos, etc. that they make available to the operator in order to make them available online on the platform. Organizers and exhibitors undertake not to use any intellectual property (in particular trademarks, designs, copyrights) of third parties without being entitled to do so on the newroom connect platform. Organizers and exhibitors will indemnity the operator from all justified claims of third parties due to the unlawful use of third-party intellectual property.
5.4. The operator will provide exhibitors with files on the design of the digital exhibition stands. The organizer is provided by the operator with files for the design of the digital exhibition grounds. These files may only be used for use within the newroom connect platform. Therefore, the operator grants the exhibitors or.dem organizers a simple right of use to the files provided, limited to the use within the platform for the duration of the virtual event. Any further use is not permitted.
5.5. The organizers or exhibitors are prohibited from making changes to the services or products of the operator. In particular, no trademark or copyright marks may be removed, modified or suppressed.
5.6. If an organizer or exhibitor wishes to use designs, features, exhibition stands, etc., which can be assigned to the platform of the operator, outside the platform of the operator, he must obtain the written consent of the operator before use. If these are designs, features, exhibition stands, etc. whose rights of use lie with an external organizer, the consent of the respective external organizer must be obtained before use.
5.7. Exhibitors have the option of integrating external websites into the newroom connect platform. Insofar as this option is used, the respective exhibitor is solely responsible for these external websites.
5.8. The organizer and the exhibitors are prohibited from passing on their login data to third parties. You have to keep the login data and passwords secret
5.9. If young people are admitted to an event in accordance with § 1 para. 1 no. 2 of the Youth Protection Act, the organizers and exhibitors undertake that the content presented complies with the law and complies with the Youth Protection Act.
5.10. The organizer and the exhibitors undertake to comply with the statutory provisions when processing personal data – insa. of the Federal Data Protection Act (BDSG) and the Data Protection Act of the European Union (GDPR). Insofar as the organizer does not issue any further instructions, the operator will implement a data protection declaration that informs about all data processing operations on the newroom connect platform that are necessarily carried out when using the newroom connect platform. Insofar as the operator wants to use the data of the users and exhibitors for further processing activities, he is obliged to adapt the data protection declaration together with the operator. According to the privacy policy, the organizer is responsible for the processing of all personal data collected in the context of its virtual events.
6. Obligations of users
6.1. The user is obliged to use the services provided by the operator only in accordance with these terms of use.
6.2. It is the user's responsibility to ensure that he meets the technical requirements for the use of the newroom connect platform.
6.3. The user is also obliged in particular to:
6.3.1. insofar as it is possible for him to check the performance of the operator and to report faults to the operator immediately,
6.3.2. not to misuse the access possibilities to the services offered by the operator and to refrain from unlawful and/or unlawful acts;
6.3.3. to refrain from attempting,
• to enable other persons/companies to misuse the newroom connect platform, for example to grant access to the platform to all other parties except organizers, exhibitors and users.
• to distribute and/or make accessible criminal content of any kind, in particular pornographic, violence-glorifying or such content that violates the free democratic basic order, via the newroom connect platform.
• not to offer or distribute copyrighted content without authorization.
6.3.4. The user is prohibited from making changes to the services or products of the operator. In particular, the user may not remove, change or suppress any trademark or copyright marks.
6.4. When applying for access to the newroom connect platform, the user undertakes to provide true and complete data (first name, last name, date of birth, email address) as well as other voluntary information. He undertakes to inform the operator immediately of any future changes to the information provided. This also applies if it is an event in which the participation of users who are young people in accordance with § 1 para. 1 no. 2 of the Youth Protection Act is permitted. Users under the age of 16 must submit a declaration of consent from their legal guardian.
6.5. The user is prohibited from passing on his personal login data to third parties. He must keep the login data and passwords secret.
6.6. The operator is to be indemnished from all claims of third parties based on a culpable breach by the user of the obligations contained in this user agreement. If the user has recognized a violation or has had to recognize it, he must inform the operator immediately.
7. Use of references
The organizer and the exhibitors confirm that the operator is entitled to produce media files (in particular photos and videos) of the virtual event and the digital exhibition stands and to use them as references. For this purpose, the organizer and the exhibitors grant the operator a simple right of use to all data provided by them in connection with the virtual event and the digital exhibition stands exclusively for the purposes of marketing. The organizer and the exhibitor are aware that in the event that they use intellectual property, such as trademarks, designs or copyrighted material in the design of the virtual event and the digital exhibition stands, this can also be shown within the framework of the references.
8. Terms of payment
8.1. The terms of payment between the operator and the organizer are based on the Special Terms of Use for Organizers.
8.2. The terms of payment between operator and exhibitor or user are based on the respective price lists of the organizer for the respective virtual event.
9. Warranty
9.1. The Operator points out that it is currently impossible to create software that works flawlessly in all applications and in all combinations at all times. This is especially true when it comes to the use of various hardware and software components.
9.2. Defects in the software must be reported by the organizer and/or the exhibitors immediately after their discovery. If the organizer or exhibitor is a merchant, § 377 HGB (German Commercial Code) shall apply accordingly.
9.3. The organizer or exhibitor is only entitled to a right of withdrawal or reduction if the defect in the software is a significant defect and this cannot be remedied by other software functions. In the event of a minor defect, withdrawal is excluded.
9.4. The user is entitled to the statutory warranty rights.
10. Liability
10.1. The Operator is liable:
• if the damage was caused by intent or gross negligence on the part of the operator, its representatives or vicarious agents.
• if damage was caused by simple negligence, insofar as this negligence concerns the breach of essential contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). The "cardinal obligations" include those obligations whose violation would jeopardize the purpose of the contract and on the fulfillment of which the contractual partner may therefore legitimately rely. However, liable is only granted to the extent that the damages are typically associated with the contract and foreseeable.
• if the damage consists of injury to life, body and health.
• if the operator assumes a guarantee.
• if a defect is fraudulently concealed by the operator.
• in cases of mandatory statutory liability, in particular under the Product Liability Act (ProdHaftG).
10.2. The operator is not liable for data loss, unless this was caused by gross negligence or intentionally and the damage could not be avoided even by suitable data backup.
10.3. They are responsible for content provided by the organizer, exhibitors and/or users on the newroom connect platform. A prior inspection obligation of the contents by the operator does not exist. This also applies in the event that the operator acts as an organizer on the newroom connect platform. Insofar as third parties assert claims for damages against the operator, which result in possible infringements of rights resulting from the contents of the newroom connect platform, which were provided by organizers, exhibitors and/or users, the organizer, exhibitors and/or users is obliged to indemnification the operator. Furthermore, the organizer undertakes to compensate exhibitors and/or users the operator for all costs incurred due to the possible infringement.
10.4. In all other respects, the liability of the operator is excluded. An exclusion or limitation of liability also applies to the personal liability of the employees, representatives and vicarious agents of the operator and to claims for damages arising from tort
11. Statute of limitations
Claims for defects shall become statute-barred within one year from the beginning of the statutory limitation period. Claims pursuant to § 438 paragraph 1 no. 2 BGB and §634a paragraph 1 no. 2 BGB are excluded from this regulation.
12. Termination
Users may terminate the contract in accordance with the contractual agreements or legal provisions. The termination must be in writing in order to be effective. A further right of cancellation is not granted to the user.
15. Confidentiality obligation
Organizers and exhibitors undertake to treat all information concerning the execution of the virtual event and is not publicly available confidentially. This applies in particular to the contractual contents of the Special Terms of Use for Organizers.
16. Privacy Policy
Details of data protection are regulated in the data protection agreement of the operator.
17. Final provisions
17.1. The law of the Federal Republic of Germany shall apply with the exception of the UN Sales Law (CISG).
17.2. The general place of performance is Cologne.
17.3. The exclusive place of jurisdiction for all disputes arising from this contract is Cologne if the contractual partner is a merchant, a legal entity under public law or a special fund under public law or if he does not have his registered office or place of residence within Germany.
17.4. Should individual provisions of these GTC be invalid or lose their validity due to a later circumstance, this shall not affect the validity of the remaining provisions of the contract. The invalid provisions shall be replaced by a provision that comes closest to what the contracting parties would have wanted if they had considered the relevant point.
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