General Terms and Conditions
With the registration as user of the virtual event (conducted by the "Host" of the event), the user accepts the following general terms and conditions (subsequently called "GTC") for using the ubivent virtual event platform (subsequently called "platform").
These GTC shall govern the contractual relationship between the user and the Host, irrespective through which means the user is registered or logged on.
The sole contractual partner of the user is the Host.
The offering of information and/or services on the platform is intended exclusively for persons of legal age.
The user can call up, print out, download and or save these GTC at any time, even after the agreement has been closed.
1. By invitation, the Host offers registered user the opportunity to participate in virtual events on the ubivent platform. The time and duration of these events lie in the sole discretion of the Host.
2. Any usage of content or services going beyond what is explicitly offered on the platform requires the previous approval of the Host and ubivent GmbH, Stiller Weg 52, 68305 Mannheim, Germany (subsequently called "ubivent").
3. The Host distributes user generated content to other users only if this content does not violate the law or these GTC. The Host and ubivent reserve the right to remove user generated content without prior notice if this content violates the law or these GTC.
4. The user recognizes that a 100% availability of the platform is technically impossible. The Host strives for an availability that is as high as technically possible. However, maintenance-, security-, or capacity-related issues, events beyond the sphere of control of both the Host and ubivent (e.g. disruption in public telecommunication networks, power failure, etc.), as well as software and hardware defects in the infrastructure of the Host or the user, can lead to short failures in the availability of the platform or parts thereof. The user does not hold any claim concerning availability of the platform.
5. The Host offers solely a virtual event. In case that users conclude any contract, the host is not involved in this contract, and thus not a partner in this contract. Users are fully responsible for any contracts they conclude on the platform. The Host cannot be held liable for any breach of duty of a contract concluded on the platform.
1. The user has to register before using the platform. The user is only allowed to register if invited by the host. The registered user does not hold any claim for participating in the event. Especially, registered users that have not been invited can be excluded from participation.
2. The user warrants and represents that all information provided at the registration is accurate and complete. During the period of active participation in the virtual event, the user is obligated to announce any change in information provided at registration to the host without undue delay. The user warrants and represents that he is of legal age at the moment of registration. Users can register only once.
3. By completing the registration process, the user submits an offer for a contract concerning the usage of the platform. The Host accepts this offer by activating the user account for participating in the virtual event. Through this acceptance both parties enter this contract.
4. At registration, the user has to enter a password. The user is obliged to treat this password confidentially. The Host shall not disclose the password to any third party and the Host shall not ask for the user's password at any time.
§3 Right of Cancellation for Consumers
If a user is registered for a purpose that is not related to either a commercial or professional freelance activity, the following provisions apply to the consumer in the sense of Par. 13 of the BGB (German Civil Code):
1. The user may cancel the contractual agreement in writing (e.g., by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins upon acceptance of these instructions, but not before the contract has been executed, and also not prior to our fulfillment of our informational duties as per Par. 312c (2) BGB in connection with Par. 1 (1, 2 and 4) BGB InfoV, as well as our duties as per Par. 312e (1) line 1 BGB in connection with Par. 3 BGB InfoV. The contract can be canceled by sending timely notification to the Host.
2. In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g. interest) are to be repaid. If the user is not able to return the services rendered fully or in part, or only in a lesser form, the user is obligated to reimburse the Host for the value lost. This can mean that the user is required to fulfill the contractual payment obligations for the time period until cancelation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for the user when the contract termination is sent, for the Host when it is received.
3. In accordance with §312d Par. 3 BGB (German Civil Code), the user's right of cancellation lapses before the end of the right of cancellation period, if the contract has been completely fulfilled to the satisfaction of both parties before the user exercises his or her right of cancellation.
§4 Users' Responsibilities
1. The user is required to provide accurate, complete, and not misleading information in the profile and any communication with other users. The user is not allowed to use pseudonyms or pen names.
2. When using the platform, the user has to comply with all applicable legislation, and respect all third-party rights. In particular, the user is prohibited to
a) propagate offensive or defamatory content, no matter whether this content is directed at other users or natural or legal entities,
b) use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors,
c) use or cultivate anticompetive actions, including progressive canvassing (e.g. chain or pyramid schemes),
d) use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
e) unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act),
f) to conduct the following activities, even if they are not against any law:
- explicit or implicit sexual communication,
- usage of mechanisms, scripts, or software in combination with the platform, unless explicitly allowed,
- perform any actions which may impair the operability of ubivent's infrastructure, particularly actions which may overload said infrastructure,
- every action that is adequate to impair the functionalities of the platform in any other form.
3. The Host or ubivent are entitled to take the following actions if there is concrete evidence that a user is breaking laws and regulations, the rights of third parties, or these GTC, or if the Host or ubivent have other legitimate interest:
a) deletion of user generated content
b) limitation / blocking of access to the platform.
§5 Changes of the Platform
The Host reserves the right to modify the services offered on the platform and/or to offer services different from those offered at the time of the user's registration at any time, unless this is unreasonable for the user.
§6 Term and Termination of the Contract, Reimbursement of paid Fees
1. The user can terminate the contract at any time without giving reasons for doing so. The user may deliver notice of termination to the Host at any time. The termination notice shall include the user's registered name and the email address the user registered with.
2. The Host can terminate the contract at any time upon good cause. A good cause is defined as an event which makes it unacceptable for the Host to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of the Host against the user's. A good cause includes any the following events:
a) If the user fails to comply with any applicable legal provisions;
b) if the user breaches a contractual obligation, in particular an obligation set forth in paragraphs 2 and 4 of these GTC;
c) if the reputation of the services offered on the platform is substantially impaired by the online presence of the user (if, for example, it is discovered after registration that the user has been convicted of a criminal offense, and if said conviction is known to other users);
d) if the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors;
e) if the user causes harm to any other user(s)
§7 Responsibilities for Content and User Data
The Host does not make any warranties or representations regarding any data and/or information provided or made available by any user on the platform or on any external websites linked to them. In particular, the Host does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.
The user may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the platform.
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against the Host or ubivent (including its vicarious agents) shall exist only if the Host or ubivent breach a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the user can expect to be met, and which fulfillment is a prerequisite to the ordinary execution of the contract. In this event, the amount of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by the Host's or ubivent's business liability insurance, provided the insurance company has effected payment to the Host or ubivent. The Host and ubivent undertakes to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the German Product Liability Act. Furthermore, the above liability exclusions and limitations shall not apply in the event of the assumption of express guarantees by the Host or its vicarious agents, or given the lack of promised features.
1. The user shall indemnify and exempt the Host and ubivent from all actions, including damage claims, asserted by other users or third parties against the Host and ubivent resulting from an infringement of their rights by the contents posted by the user on the platform. Furthermore, the user shall indemnify and exempt the Host and ubivent from all actions, including damage claims, asserted by other users or third parties against the Host and ubivent resulting from an infringement of their rights regarding the use of the services on the platform by the user. The user assumes all reasonable costs the Host and ubivent incur due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by the Host and ubivent, are hereby unaffected. The user has the right to prove that the Host and ubivent incurred lesser charges than claims made.
2. The aforementioned obligations shall not apply to the extent the user is not responsible for the infringement.
3. In the event the contents posted by the user infringes any rights of any third party, the user shall, at its own expense and at the Host's and ubivent's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes third-party rights when using the platform, the user shall discontinue such use that violates these GTC and the law, if so requested by the Host and ubivent.
§10 Data Protection
The Host recognizes that any data provided by the user on the platform is extremely important to the user, and the Host shall therefore be particularly sensitive in handling such data. The Host shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). Details on the treatment of the user's data are set forth in the separate Data Protection Policy.
§11 Final Provisions
1. These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
2. The Host reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user. The Host shall give due notice of any amendments of these GTC to the user. If the user does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the user. The Host shall inform the user about the user's right to object and of the relevance of the objection deadline in said notice.
3. If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
4. The place of performance under these GTC shall be Mannheim, Germany.
5. Place of jurisdiction shall be Mannheim, Germany.
6. These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.