General Terms and Conditions for Users of the
myBeviale.com Dialogue Platform
1. Platform OperatorNürnbergMesse GmbH,
Messezentrum 1, 90471 Nürnberg
NürnbergMesse GmbH develops technologies and services that are used to enable people and companies in beverage industry to network with one another and maintain contact throughout the year, in addition to the trade fairs held regularly at the exhibition venue in Nuremberg. NürnbergMesse GmbH is referred to as “NürnbergMesse” or the “Platform Operator” below, and the other party to the Agreement is referred to as the “User.”
The contractual relationship between the Platform Operator and the User will be governed solely by the “General Terms and Conditions for Users of the myBeviale.com Dialogue Platform” (hereinafter the “Terms and Conditions for Users”).
The Platform Operator will not be deemed to have acknowledged any general contract terms and conditions of the User that conflict with or diverge from these Terms and Conditions for Users unless the Platform Operator has given its express written consent to such other terms and conditions.
4. Entitlement to use
Users may be legal entities or natural persons. The service is intended solely for “Entrepreneurs” (Unternehmer) as defined in Sec. 14 of the German Civil Code (BGB). An “Entrepreneur” is a natural person, legal entity or partnership with legal personality who or which, when entering into a legal transaction, acts in the exercise of that person’s, entity’s or partnership’s trade, business or profession
5. Formation of contract (Application/Confirmation of application)
A User who wishes to use the platform must register by entering the User’s first and last name, personal email address for business purposes, and a personally chosen password. In addition to these data, further industry-specific information will be required for registration in order to confirm that the User belongs to the beverage sector, such as company name, title, occupation, branch of industry, department or business area, and country where the entity is headquartered. The double opt-in method is used for registration; in other words, the User’s registration will not be complete until the application is confirmed by clicking a link in a confirmation email sent to the User for this purpose. When the confirmation of the application is sent, the access data will be released, and the User may log in by way of the “Login” button, using the access data. The aforementioned information is required; the User may include any further information voluntarily in a personal profile. After confirmation, the user has a personal profile available on this digital platform. The personal profile of the user with the above mentioned information is visible for all registered and logged in users. The User is also able to use several digital platforms of the Platform Provider with the email address provided during registration, on each of which an individual platform-specific profile can be created.
6. Performance oft he Platform Operator
6.1 The Platform Operator will furnish the following services:
- Providing technical access for using the content of the dialogue platform by way of the User’s login account.
6.2 The Platform Operator is free to add to, expand, restrict, or otherwise modify its range of services at a later date.
7. Users Obligations
7.1 The User must provide the necessary technical infrastructure at the User’s own premises, including, without limitation, hardware, software and a telecommunications connection. If any aspects of the technical infrastructure needed in order to use the Platform Operator’s services are not already explained in the Contract, service lists, or side agreements, the User can obtain the relevant instructions on request.
7.2 To the best of the User’s ability, the User must check that the Platform Operator’s services are being provided properly and must promptly notify the Platform Operator of any malfunctions.
7.3 The User is not to remove, alter or conceal copyright marks, trademarks or ownership marks contained in or on the Platform Operator’s services, or make changes to the Platform Operator’s services or products. The same also applies to third-party services and products that the Platform Operator utilises in providing its services to the User (Item 6.). The dialogue platform and the Platform Operator’s or third parties’ products may be used only within the limits set by the laws on copyright, trademarks, patents, brands and other identifying marks, as well as all other intellectual property rights. Reproduction, editing, dissemination and any form of exploitation outside those limits are permitted only subject to the prior written consent of the respective author or maker.
7.4 If the User actively contributes to the programme on the dialogue platform, the User will be solely liable for the content of the discussions, seminars, specialist articles or other online events provided by the User by way of the Platform Operator, or by using the Platform Operator’s products. Third parties’ rights of personality must be respected. The User must ensure that no information is disclosed, no statements are made, no files are uploaded, and no content is conveyed that violates applicable law or public morals, or that in particular advocates violence, violates third parties’ rights, or discriminates against persons on grounds of race, ethnicity, gender, religion or philosophy, disability, age, or sexual identity.
7.6 The Platform Operator must be held harmless from all third-party claims deriving from a wrongful violation by the User of the obligations under Items 7.3 and 7.4. The User must promptly notify the Platform Operator if the User has discovered or should have discovered such a violation.
7.7 The User grants the Platform Operator the right to record, in audio-visual form, the User’s person and live lecture formats (e.g. product presentations, workshops, webinars, specialist lectures, etc.), including the presentations the User shows, and to disseminate the recordings and make them accessible to the public on the platform over the Internet. The User warrants that media presented in the User’s lecture formats (e.g. illustrations, films, language, music) are free from third-party rights or may be used on the platform at no charge, as the case may be. If content copyrighted by third parties is used, the User will obtain the necessary documentation of permission for use in the User’s live lecture format, and will present such documentation on demand. The User agrees to hold the Platform Operator harmless from third-party claims of any nature whatsoever that arise from a breach of intellectual property rights and/or copyright in the User’s lecture. This hold-harmless obligation will also include the obligation to indemnify the Platform Operator in full for the costs of legal defence (e.g. court costs and lawyers’ fees).
8. Licence for NürnbergMesse
Under the Contract between the User and NürnbergMesse, the User will be the owner of the content and information that the User sends to or publishes on the dialogue platform, and grants NürnbergMesse GmbH and its affiliates a non-exclusive licence for the following:
The universal, transferable and sublicensable right to use, copy, modify, disseminate, publish and process information and content provided by the User by way of NürnbergMesse’s dialogue platform, without further consent from the User or communication and/or compensation paid to the User or third parties. These rights may be limited or terminated by the User’s deleting certain content from the dialogue platform, or if the contractual relationship is ended.
9. Third-party use
9.1 The User must protect the User’s own access to the Plat-form Operator’s services against unauthorised use by third parties. The User will be liable for any unauthorised use of the User’s access for which the User is at fault. The User must immediately notify the Platform Operator if there is a reasonable suspicion that the User’s access has been used without authorisation.
9.2 The User must pay the agreed prices for the Platform Operator’s services that are provided on the basis of a third party’s use that the User has authorised. The User must also pay such prices for the Platform Operator’s services that are provided as a result of unauthorised use by third parties if the User bears the responsibility for such use.
The Platform Operator will be liable without limitation only in cases of wilful misconduct or gross negligence, or for loss or damage owing to injury to life, limb, or health.
In all other cases, the Platform Operator will be liable only:
- For breaches of essential contractual duties. Essential duties are duties without the fulfilment of which the Contract cannot be properly performed, and the fulfilment of which the User is regularly permitted to rely upon.
- Insofar as the Platform Operator is required by law to take out liability insurance, or such insurance is customary.
- Insofar as the Platform Operator has made excep-tional claims to trust, or holds a qualified position of trust.
In these cases, however, the Platform Operator will be liable only for foreseeable loss or damage typical of the Contract (and therefore, as a rule, not for consequential loss or damage) and in such cases, only up to a maximum of EUR 100,000 per instance of loss or damage. The liability limitation will apply only vis-à-vis Entrepreneurs, legal entities under public law, and special funds under public law. Otherwise, there will be no liability for ordinary or slight negligence. This liability limitation will also apply to the conduct of the Platform Operator’s assistants and vicarious agents. In particular, NürnbergMesse offers no warranty or guarantee concerning the dialogue platform, and does not warrant that services will be uninterrupted or free from error.
11. Rights of use
11.1 The services offered by the Platform Operator, including, without limitation, the services made available by way of entities and contributors, such as lectures, documentation, webinars, video recordings, audio recordings, PowerPoint presentations, specialist articles, white papers, etc., are as a rule trademarked or copyrighted.
11.2 Any recording, reproduction, dissemination or other commercial use by the User of the offered services is not permitted unless both the Platform Operator and the contributing entity or individual have given their express consent to such use.
The User may use the dialogue platform at no charge.
13. Data protection
13.1 If the User uses the dialogue platform, the Platform Operator will store the data it needs in order to perform the Agreement until the User finally cancels access. NürnbergMesse will continue to store the voluntary data provided by the User for the period during which the User uses the dialogue platform, unless the User requests deletion before then. The User may manage and change all information within the User’s protected personal sphere. The legal basis is Article 6 (1) (b) of the EU GDPR.
13.2 The Platform Operator wishes to point out that the personal data provided by the User at the time of registration may be processed for purposes of statistical analysis for market research, for notifications (via email about future events on the same or related topics) and for customer loyalty schemes (e.g., for providing loyalty advantages, invitations to events) (Art. 6 (1) (f) EU GDPR). The User may object to this usage at any time (NürnbergMesse GmbH, Messezentrum, 90471 Nuremberg / firstname.lastname@example.org). These data will be released to Service Partners of NürnbergMesse GmbH only to be processed for the aforementioned purposes.
13.3 If a registered User takes part in a product presentation, webinar and workshop, or the like (an “Action”) conducted by an entity, the User’s information provided at registration, i.e., first and last names, company and email address, will be released to the conducting entity for the purpose of support-ing customers and interested parties, and for the processing of offered services, irrespective of whether such conducting entity is based in Germany, the EU, or a third country. The User’s participation in an Action is voluntary and will not take place without the User’s further collaboration. The data will not be forwarded to the conducting entity until the User takes part in an Action. The legal basis is Article 6 (1) (b) of the EU GDPR.
13.4 If a registered User downloads a white paper provided by an entity, the User’s information provided at registration, i.e., first and last names, company and email address, will be released to the provider entity for the purpose of supporting customers and interested parties, and for the processing of offered services, irrespective of whether such an entity is based in Germany, the EU, or a third country. Downloading white papers is voluntary and will not take place without the User’s further collaboration. The legal basis is Article 6 (1) (b) of the EU GDPR.
13.5 If a registered User takes part in an Action (product presentation, webinar, workshop, etc.), the User’s information provided at registration, i.e., first and last names, company and email address, will be released to the service provider engaged to provide technical implementation (avodaq AG, Wendenstraße 21 b, 20097 Hamburg), insofar as is necessary in order to conduct the Action. Of course the necessary contractual arrangements under the data protection laws have been made with this service provider.
13.6 If a registered User takes part in an Action (product presentation, webinar, workshop, etc.) , the User’s first and last name will be visible to other participants in that Action. This will enable the participants to network with each other and interact. This also constitutes a legitimate interest of the Platform Operator (Art. 6 (1) (f) EU GDPR). Of course the User has the right to object to this processing. The manner which the User can assert this right is governed by Item 13.7.
13.7 Every User has the right to lodge a complaint about this data processing with the pertinent supervisory authority for data protection, and subject to the requirements of law, may demand information, corrections, deletion or restricted pro-cessing, object to processing, or assert the right to data portability. NürnbergMesse GmbH, Messezentrum, 90471 Nuremberg/ email@example.com or its data protection officer (firstname.lastname@example.org) will be happy to respond to any questions.
14. Place of performance, jurisdiction and venue, prevailing language
The place of performance will be Nuremberg. This will also apply for the jurisdiction and venue if the User is a “merchant” (Kaufmann) as defined in German law or a legal entity under public law, or has no general place of jurisdiction and venue in Germany.
The Platform Operator is also entitled to bring action against the User at the User’s general place of jurisdiction.
The business relations between the platform operator and the providers are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Con-tracts for the International Sale of Goods.
In case of discrepancies between the original German version of these terms and conditions and a foreign language transla-tion, the German version shall prevail.
15. Severability clause
Should these User Terms and Conditions be legally invalid in part, or contain an omission, the validity of the remaining provisions and of the Agreement itself will be unaffected thereby. In such a case, the parties agree to replace the invalid provision, or to remedy the omission, with a provision that can most closely achieve the economic purpose intended by the parties.