General terms of use

General terms of use for the registered users of the digital event platform

Last updated: February 2022

 

1. Scope

1.1 Messe Berlin GmbH (hereinafter referred to as "Messe Berlin"), Messedamm 22, 14055 Berlin, operates an event platform, on which Messe Berlin organizes and carries out the „Digital Business Day“ (hereinafter “Digital Business Day” or “Event”), a virtual one day event. On this event platform Messe Berlin makes various features available to the User, which presume a registration and the acquisition of a ticket. Insofar as reference is made in the following Subclauses to "the event platform", this means the platform Eyeled in the form of the Digital Business Day. For the use of these features as per contract and the usage contract to be concluded by the User with Messe Berlin (exclusively) the following "General Terms of Use for Registered Users of the Digital Event Platform" ("GTC") shall apply.

1.2 Eligible to participate as Users of the Digital Business Day are companies and/or entrepreneurs who can be assigned to the categories "supplier" or "buyer" or "journalists":

1.2.1 "Suppliers" are companies and/or entrepreneurs who offer products, services and/or services in the tourism industry and/or related industries;

1.2.2 "Buyers" are companies and/or entrepreneurs who purchase products, services and/or services in the tourism industry and/or related industries and are recognized as such by Messe Berlin at its own discretion;

1.2.3 "Journalists" are persons from Germany or abroad who can prove their journalistic activity in the media registration on https://www.itb.com/de/presse/akkreditierung/ (with reference to the respective trade fair topic): They are full-time involved in the development or dissemination of information, opinions and entertainment through the media using words, images, sound or combinations of these means of representation.

1.3 These GTC shall apply in addition to the General Terms and Conditions for Visitors and Participants of Events of Messe Berlin GmbH as well as the General Business Terms and Conditions of the ticket agent.

1.4 Messe Berlin reserves the right to change these GTC with the existence of a factual reason and by taking the legitimate interests of the Users and the reasonable nature for the Users into consideration. Messe Berlin will inform the Users of the digital event platform about each change to the GTC and give them the possibility to object to the changed GTC by adhering to a deadline. If the User objects to the changed GTC, the former GTC accepted by the User shall remain in force unchanged. If the essential parts of the usage contract (e.g. its service status) change Messe Berlin will also inform the Users about the change. In this case the User has the right to terminate the usage contract with immediate effect. If he/she fails to terminate the contract, the changed GTC will be included in the usage contract without any further action.


2. Conclusion of the usage agreement

2.1 The conclusion of the usage agreement is a prerequisite for the use of the event platform and the thus associated features. The usage contract shall be concluded by the registration and by the acquisition of a ticket by the User in the ticket shop commissioned by Messe Berlin and/or by access to and/or the use of the event platform and the features.

2.2 For the sale of the tickets respectively for the registration of the Users Messe Berlin uses the ticket agent MB Capital Services GmbH. The usage relationship shall be concluded directly with Messe Berlin. In addition, the General Business Terms and Conditions of the ticket agent are to be complied with.

2.3 The tickets respectively offered features are free for "Buyers" and "Journalists", and fee based for "Suppliers". The prices on the event platform for the features stipulated by Messe Berlin for the Digital Business Day shall apply.

2.4 Each User must register in the ticket shop and acquire a ticket in order to be able to use the features. This shall also apply to the holders of voucher codes for the use of features. At the same time the User must confirm the inclusion of these GTC upon which the usage agreement is based. Each User will receive then an email containing a link for access to the Event.

2.5 With the conclusion of the usage agreement, the user profile is activated for the User. In the personal user area, the User can view his/her registration data and, if applicable, supplement these with further data regarding his/her person. The GTC accepted by him/her can be called up, viewed and downloaded in the event platform.

2.6 By registering, the User declares that he/she:

2.6.1 is at least 18 years old;

2.6.2 has registered with his/her full and correct name and with the valid email address, with which he/she also uses the event platform;

2.6.3 has been assigned to the category "Suppliers" or "Buyers" in accordance with the Subclauses 1.2.1 or 1.2.2 of these GTC;

2.6.4 shall comply with these terms of use, statutory stipulations as well as the Code of Conduct ("CoC") (Annex 1);

2.6.5 takes the necessary precautions in order to prevent a participation in the Event by third parties and/or the use of the features by third parties by means of his/her user profile.

2.7 The User can change or erase the data of his/her user profile at any time in the personal user area of his profile with the exception of the data separately marked with "*", the change or erasure of which can only be carried out through the Support (per email to support@messe-berlin.de).


3. Features of the event platform

3.1 Messe Berlin makes the use of various features available to the Users on the event platform, which are described in detail on the platform. The use of the functionalities is covered by the purchase of the ticket via the ticket shop. The features essentially concern:

3.1.1 Setting up an individual user profile with: picture, name, function, organisation/company, links to social media, short description and business interests. Information will be transferred from the ticket shop and can be subsequently adjusted and completed in the Networking Tool.

3.1.2 Business appointments and matchmaking: arranging appointments using a calendar function, audio-video calls, chat, contact requests, contact overview, participant overview, availability management, calendar, export of contacts, appointment overview, appointment management, speed networking sessions (automated digital meeting roulette with constantly changing meeting partners).

3.1.3 Networking activities: contact, chat function, search function for participant profiles, contact recommendation based on user profiles, matching scale based on the intersection of business interests, full-text search of participants, filtering of participants, the number of contact requests is limited to 35 per hour to avoid spam behavior.

3.1.4 On-demand video content: Media library for the congress program, product presentation, press conferences and specialist articles in a separate area for playback.

3.2 The contributions or features on the event platform can include links and other references to external websites, platforms and/or the integration of offers of external social media service providers (e.g. YouTube, Twitter, Vimeo, LinkedIn) and/or presume, which were made available, displayed, integrated or shared by the User within the scope of the use of the functionalities. The content, availability and/or function and/or the terms of use of these external links are not controlled by Messe Berlin. Messe Berlin is not responsible for these; the external references are subject to the terms of use of the third parties and may be changed and/or discontinued by the third parties without the knowledge of Messe Berlin. In this case the liability limitations of Messe Berlin shall apply according to the regulations in Section 10 of these GTC.


4. Availability, updates and changes with the event platform and the features

4.1 According to the following Subclauses 4.2 to 4.10 of these GTC Messe Berlin undertakes to ensure the availability of the event platform and the features during the period of use as well as to make adequate efforts and take measures to continuously improve these and to adjust these oriented to the requirements of the User.

4.2 Messe Berlin will carry out the required updates, which are necessary for maintaining the contractual conformity of the digital product. The Users will be informed of the updates.

4.3 Messe Berlin shall provide its services in accordance with the technical standards normally to be expected for this type of service provision and with due care. However, the User is aware that, given the state of the art, it is not possible to provide completely error-free services in the field of digital media and thus to ensure unrestricted availability. In particular, there is no fault in the provision of the event platform and/or features at least if the fault or malfunction is caused by the use of unsuitable display software and/or hardware (e.g. browser) on the part of the User.

4.4 Messe Berlin does not guarantee the permanent and uninterrupted availability of the event platform, or the features offered within this context. Messe Berlin aims to achieve an average availability of the event platform and features, and thus of the services, of 95% in relation to the period of use specified on the event website and/or in the ticket store. Availability within the meaning of this Subclause 4.4 is calculated – subject to the provisions of Subclause 4.5 – as follows:

Availability = Actual Time/Target Time * 100%

Actual time = total time – total downtime

Target time = total time

4.5 When calculating the total downtime according to the aforementioned Subclause 4.5 the following times will not be taken into consideration:

4.5.1 Periods of non-availability due to internet disruptions beyond Messe Berlin's control or due to other circumstances beyond Messe Berlin's control, in particular circumstances as a result of an epidemic or pandemic (such as Covid-19) or due to justified exceptional situations (for example "force majeure");

4.5.2 Periods of non-availability because of scheduled maintenance work on the database system or on the event platform or on the features;

4.5.3 Periods of unscheduled maintenance work that is absolutely necessary in order to eliminate malfunctions and errors; the user will be informed of this, if possible, by a notice on the event platform;

4.5.4 Periods of unavailability due to the fact that the technical requirements to be met by the User for access to the event platform are temporarily not met, e.g. in the event of hardware malfunctions on the part of the User.

4.6 Should the availability of the event platform and thus the features be temporarily not possible or limited, which is due to circumstances, for which Messe Berlin is not responsible, in particular owing to an interference to the communication networks of other operators or by a computer failure at third parties (e.g. other providers) or by incomplete and/or non-updated offers on intermediate storage devices (so-called proxies), claims for damages against Messe Berlin are excluded. In all other respects, the limitations of liability set out in Subclause 10 of these GTC shall apply.

4.7 In the event that the event platform is unavailable and/or the playback quality of the features is inadequate, for which Messe Berlin is responsible, the user shall be entitled to a fault-free replacement service, but only to the extent of the missing or impaired playback. Should this form of subsequent performance fail or be unreasonable, the User may withdraw from the usage agreement without asserting any further claims (e.g. damages). Messe Berlin's limitations of liability apply in accordance with the provisions of Subclause 10 of these GTC.

4.8 Notification of defects by the user for identifiable defects or non-performance must be made in writing (text form is sufficient, e.g. by e-mail) to Messe Berlin (support@messe-berlin.de) within fourteen (14) working days of provision of the services. If notification is not made within the aforementioned period, the warranty rights shall lapse. This does not apply if Messe Berlin has fraudulently concealed the defect or has given a guarantee for the quality of the item or the success of the service. Consumers are not subject to the responsibility to report defects.

4.9 Messe Berlin is entitled to make changes to the event platform and/or the functionalities if the changes are necessary for technical, legal or user-oriented reasons, in particular for the following purposes:

4.9.1 Installation of security updates;

4.9.2 Updates of the digital products, which are necessary for retaining the condition as per contract;

4.9.3 Replacement of existing functions or deactivation of functions, which no longer correspond with the state of technology or no longer with the usage behavior;

4.9.4 Implementation of new product releases for purposes of better marketing, which serve the function retention and/or extension or

4.9.5 Implementation of legal requirements (e.g. due to the European General Data Protection Regulation (EU GDPR)).

4.10 Messe Berlin is not a storage service. The User agrees that Messe Berlin is not obliged to store, retain or provide the user with a copy of statements, information and content that the User has made available to other Users, unless this is required by applicable law and noted in Messe Berlin's data protection statement.


5. User obligations

5.1 The User is solely responsible for the provision and maintenance of all technical equipment required for access to and use of the event platform and features, in particular hardware, operating system, Internet connection and up-to-date browser software.

5.2 The User is obligated not to share their access details with third parties and to protect these against access by third parties. The User is liable for any misuse of the user profile for which they are responsible.

5.3 Insofar as the User processes personal data of other persons for his/her own purposes, which he/she received from the event platform or the functionalities he/she shall act as data controller within the meaning of the EU GDPR and as such is responsible for the lawfulness of the processing and the compliance with the applicable rules under data protection law. The User may only use the event platform as well as provided functionalities for his/her own informational purposes. For this purpose, the User is permitted to print out the information made available to them or to save it on data carriers belonging to them. Any further reproduction, dissemination or use of the information, content and data is not permitted unless the copyright holder has given their separate consent. In particular, the user is not permitted to pass on the content to third parties or to use it for other purposes outside the purpose of the information, e.g. as part of their own offer. Assistants of the User and IT service providers are not third parties in the aforementioned sense. Furthermore, the user may not edit the content offered in any form, e.g. change it, translate it or remove copyright notices. All rights are reserved by Messe Berlin or the respective copyright holder.

5.4 The User hereby agrees to respect the rights of third parties, including those of Messe Berlin. In particular, the User is therefore not permitted:

5.4.1 to use the information contained within the scope of the features (e.g. contact details) or the communicative features provided (contacting other users) for advertising purposes within the framework of mass communication;

5.4.2 to send or post data which, in particular by its type, nature, size or number, is capable of damaging or blocking the entire IT infrastructure of Messe Berlin or computers of other third parties, or of spying on or damaging data contained therein (e.g. by means of viruses, Trojans, spam e-mails);

5.4.3 to take actions or distribute content in connection with the use of the features that violate the rights of third parties (e.g. copyrights, trademark rights, personal rights or data protection rights) or violate applicable legal provisions, in particular the applicable criminal laws, provisions for the protection of minors, data protection laws or regulations under competition law.

5.5 The User agrees to comply with the CoC and to refrain from any violations thereof.


6. Announcement and notification

6.1 The User agrees that Messe Berlin may provide the User with notices and messages in the following ways:

6.1.1 within the features (e.g. in the chat function area); or

6.1.2 to the e-mail address provided by the User to the ticket shop operator commissioned by Messe Berlin at the time of registration;

6.2 The User guarantees that the contact information is up to date.


7. Sharing of statements, information and content

7.1 The features used as part of the event platform enable the transmission and exchange of declarations, information and content between users. Statements, information, and content that contain personal data and that the User transmits or shares or otherwise communicates may be observed by other Users or third parties. The User is responsible for the statements, information and content shared with other Users, for the method chosen to share the statements, information and content, and for obtaining the necessary consents. Furthermore, the User must ensure that he/she may justifiably share the shared statements, information and content via the features and the recipient may justifiably use the declarations, information and contents and may process the shared personal data for the purpose stipulated by the User.

7.2 Messe Berlin is not obliged to publish statements, information or content on the event platform and/or within the scope of functionalities and may remove declarations, information and contents with or without prior notification.


8. Rights of ownership

8.1 The User hereby affirms that they are authorized to transmit, share or publish the statements, information and content provided by the User. The User also hereby declares that the statements, information and content provided, shared or otherwise transmitted by the User do not violate applicable law or the rights of third parties (in particular existing copyrights and ancillary copyrights, such as the right to one's own image as well as name, title, trademark and other trademark rights). In addition, the User assures that the information and data of the User profile are true and do not infringe rights of third parties and/or breach applicable laws. Messe Berlin may be legally obligated to remove certain declarations, information, or content.

8.2 The User hereby grants Messe Berlin the simple, non-exclusive, transferable and sub-licensable, worldwide right of use for the statements, information and content, which includes the right to use the statements, information and content that the User has provided, passed on or otherwise communicated within the framework of the event platform and/or via the features, to use, reproduce, disseminate and make available to the public, to process technically to the extent necessary for the provision of services by Messe Berlin, and to integrate and display on the event website, the event platform and/or in any other event-related medium, without further consent of the User and without further notification and/or obligation to pay a license fee to the user or a third party by Messe Berlin. The above granting of the right of use also refers in particular to existing and future copyrights and ancillary copyrights to the statements, information and content, such as the right to one's own image, as well as name, title, trademark and other ancillary copyrights.

8.3 If and insofar as a database, several databases, a sui generis database right or several sui generis database rights are created on Messe Berlin's server during the period of use, in particular through the compilation of data and/or statements, information and content by the User through an activity permitted under this usage agreement, Messe Berlin shall be entitled to all rights thereto. Messe Berlin shall remain the owner of the databases or sui generis database rights even after expiry of the period of use. This does not affect the User's ownership of their data and statements, information and content.

8.4 If third parties claim that their rights have been infringed by the statements, information and content, including personal data, published on the event platform and/or used by Messe Berlin within the framework of the right of use granted under Subclause 8.2 of these GTC, the User shall indemnify Messe Berlin on first demand against all claims by third parties, in particular claims for infringement of copyright and data protection rights, and infringement of patent, trademark, design and utility model rights. This includes any costs incurred by Messe Berlin in defending its rights. The User must notify Messe Berlin immediately of any infringements of the right of use of which they become aware. Any measures taken by the User must be agreed in advance with Messe Berlin. The User is also obliged to provide Messe Berlin with full and unrestricted support in defending the rights.

8.5 The granting of the right of use according to Subclauses 8.2 to 8.4 of these GTC is satisfied by the authorization to use the platform and the possibility of publishing and sharing one's own statements, information and content within the framework of the event platform.

8.6 The User can terminate the right to use certain statements, information and content at any time by deleting these statements, information and content from the features and/or event platform or by revoking the right of use vis-à-vis Messe Berlin or by requesting deletion. In doing so, the user must take the following into account:

8.6.1 other Users may have copied the statements, information and content exchanged within the features;

8.6.2 other Users may have shared or stored the statements, information and content; and

8.6.3 Messe Berlin requires a reasonable time span to remove these statements, information, and/or content from security and other systems.


9. Statements, information, and content

9.1 Messe Berlin reserves the right, without this constituting a corresponding obligation to check, to remove or not to publish the statements, information and content provided from entries, contributions or other publications if it is credibly made aware that

9.1.1 their content violates laws, regulations or official orders;

9.1.2 their content violates the rights of third parties;

9.1.3 their content violates the CoC; or

9.1.4 the presentation of the statements, information and content is unreasonable for Messe Berlin. "Unacceptable" within the meaning of this Subclause 9.1.4 of these GTC are, in particular, content and presentations that violate the principles of the protection of minors, that are in any way discriminatory or offensive, or that refer to such content and presentations, or that do not technically and/or qualitatively meet the quality standards that would normally be expected for this purpose, and therefore a not inconsiderable damage to the image of Messe Berlin and/or the event is to be feared. This also applies to content and representations that are likely to disparage other users and/or their public perception.

9.2 Furthermore, Messe Berlin reserves the right to remove or not to publish statements, information and content if the User subsequently makes changes to the statements, information and content provided themself or if statements, information and content are subsequently changed to which reference is made by means of a link published or shared by the User or other form of forwarding and the conditions of Subclause 9.1 of these GTC are thereby fulfilled.

9.3 Messe Berlin shall inform the User without delay of the measures taken in accordance with Subclauses 9.1 and 9.2 of these GTC. The User shall not be entitled to any claims for damages against Messe Berlin as a result of delays in the provision of services or the resulting failure of services on the part of Messe Berlin, unless Messe Berlin has acted intentionally or with gross negligence (see also limitation of liability in accordance with the Subclause 10 of these GTC).

9.4 When using features, the user may encounter statements, information, and/or content that are inaccurate, incomplete, late, misleading, illegal, insulting, or otherwise harmful. Messe Berlin is under no obligation to review, correct, complete, or otherwise change any statements, information, and/or content provided by other Users. Messe Berlin is not responsible for the statements, information, and content of other Users and therefore cannot be held liable for damage and/or losses occurring as a result of statements, information, and content of other Users.

9.5 Furthermore, Messe Berlin is not responsible for services that are offered and/or provided to a user by another User or a third-party during participation in the Event and/or use of the features. The offering or provision of services through the use of the event platform and/or the features takes place exclusively between the user and another User or a third party.

9.6 Within this context, the User agrees that Messe Berlin:

9.6.1 is not responsible for offering, performing, or purchasing these services;

9.6.2 does not give preference to any particular service offered by a User;

9.6.3 is not permitted to enter into any employment, agency, or joint venture relationship with a User if it offers its services.

9.7 If the User offers services via the event platform and/or the features, the User represents and warrants that he/is has all necessary licenses, permits and other authorizations required to offer and/or provide the service and that he/she will offer and/or provide services consistent with the CoC.


10. Exclusion and limitation of liability

10.1 Messe Berlin makes no representations or warranties with respect to the event platform and the features and make no representation that the event platform and/or the features will operate uninterrupted or error-free. The platform and its features (including content and information) are provided "as is" and "as available".

10.2 Messe Berlin makes no representations or warranties for any sales or profit expectations and/or business opportunities directly or indirectly associated with or expected to result from the user's participation in the event and/or use of the event platform and/or the features.

10.3 Messe Berlin shall be liable for damages caused intentionally or through gross negligence by Messe Berlin, its legal representatives, executive employees or vicarious agents, irrespective of the legal grounds.

10.4 Messe Berlin is liable for damages in the event of simple negligence, subject to statutory limitations of liability (for example, care in its own affairs), only

10.4.1 for damage resulting in fatal or physical injury or damage to health;

10.4.2 for damage arising from the breach of an essential contractual obligation. "Essential contractual obligations" are those obligations, the fulfillment of which renders the proper implementation of this usage agreement possible at all and on the compliance with which the respective other party may rely on as a rule. In the event of a breach of essential contractual obligations, Messe Berlin's liability for damages in cases of simple negligence shall be limited in amount to the damage typically foreseeable at the time the contract was concluded.

10.5 To the extent that liability on the part of Messe Berlin is ruled out or limited, this also applies to the employees, management staff, vicarious agents and legal representatives of Messe Berlin.

10.6 The above exclusions and limitations of liability do not apply in the case of negligent injury to life, limb or health of persons, the express warranty of characteristics and in the case of liability under the German Product Liability Act [Produkthaftungsgesetz] and shall apply without prejudice to mandatory statutory provisions under the applicable data protection law.

10.7 With the exception of claims resulting from Subclause 10.6 of these GTC, claims for damages by the User, for which liability is limited according to Subclause 10 of these GTC, shall become statute-barred after one year, calculated from the start of the statutory limitation period.


11. Duration and termination of the usage agreement

11.1 Insofar as not otherwise agreed the provisions of this usage agreement shall apply for the period of use stated by Messe Berlin on the event platform.

11.2 Either party may terminate this usage agreement at any time upon notification of the other party.

11.3 The right of each party to termination for cause remains unaffected by this. Good cause for Messe Berlin exists in particular, but is not limited to, cases in which the User has violated a provision of these terms of use and/or the CoC.

11.4 If the usage agreement is terminated the user profile will be erased.


12. Online dispute resolution platform

12.1 The European Commission provides a platform for online resolution of disputes out of court (ODR platform). This platform can be accessed at https://www.ec.europa.eu/consumers/odr. The contact details of Messe Berlin, including the email address, can be found in the legal notice of Messe Berlin - Imprint (messe-berlin.de)

12.2 Messe Berlin is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


13. Place of performance, place of jurisdiction, applicable law, severability clause

13.1 The place of performance and place of jurisdiction for all disputes arising in connection with this usage agreement is Berlin (Germany) if the user is a merchant as defined in German law (Kaufmann), a legal entity existing under public law, or a public-law special fund or if the user does not have a general place of jurisdiction in the Federal Republic of Germany.

13.2 German law applies on an exclusive basis to all disputes arising from or in connection with the usage agreement and these terms of use and/or the use of the event platform and features, irrespective of the legal basis, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.3 When applying the GTC, the German version shall always prevail.

13.4 Should individual clauses of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions of these terms of use or of the existing usage agreement with Messe Berlin. The parties undertake to replace the invalid provisions with other valid provisions that correspond as closely as possible to the economic purpose of the invalid provisions.



Annex 1 Code of Conduct

Messe Berlin has created an optimum framework for the open communication with and between people from all over the world. We bring people together so that they can connect, meet, exchange ideas and generate business.

 

We distinguish ourselves by respect, open-mindedness and interest. We want to be a platform for exchange and create a holistic communication environment.

 

You can find the rules of conduct below for the event platform:

 

1. You shall comply with all applicable laws, protect and without rights, data protection laws, intellectual property laws, anti-spam laws, export regulations, tax laws and official rights.

2. You have to enter your real name in your correct profile.

3. You must use the services in a professional manner.

4. You will behave in the chat in a professional manner (e.g. treat chat and dialog partners with respect, etc.).

 

You undertake not to act or proceed as follows:

 

1. Provide a false identity in the event platform, misrepresent your identity, create a member profile for another person corresponding to another person;

2. Develop, use or utilize any software, devices, scripts, robots or other means or processes (browsers, plug-ins and add-ons and other features) to circumvent the services or otherwise copy profiles and other data from the services;

3. To disclose information is obviously false;

4. The services or their associated data to rent, lease, sell, exchange, sell / resell or otherwise monetize, or without access to data, which are in the possession of the event platform.