Terms and Conditions
Terms
and Conditions of Participation for Digital Participation in the Community Platform “Republic of Innovators”
Last updated: November 2020
§ 1 Scope
These Terms and Conditions of
Participation for E.ON Innovation´s community platform (“event platform”) of E.ON
Group Innovation GmbH, Brüsseler Platz 1, 45131 Essen ("Organizer"),
apply to purchases of full conference passes (“Tick-et(s)”) and to registration
for the event platform and participation by attendees, sponsors, speakers, or
partners (collectively “Participants”) in the Event. By purchasing Tickets
and/or registering as a Participant, the buyer of the Ticket (“Customer(s)”)
and/or the registering Participant accept(s) these Terms and Conditions of
Participation. Confirmations from the Customer to the contrary that make
reference to the Customer’s own terms and conditions of business or purchasing
are here-by expressly rejected. Deviations from these Terms and Conditions of
Participation are valid only if they have been confirmed in writing by the
Organizer. These Terms and Conditions of Participation apply even if the Organizer
performs services without reservation while knowing of terms and conditions of
the Customer that deviate herefrom or conflict herewith.
§ 2 Coming into existence of the contract
2.1 The Organizer uses the platform of rooom AG, Löbstedter Straße
47a, 07749 Jena, Germany, to hold the Event.
2.2 Reselling or sharing of Tickets or any other unauthorized access to the Event platform is prohibited. In the event of a violation of the foregoing provision, the Organizer is entitled, in particular, to freeze the Ticket (access code) in question and deny the user the ability to participate in the Event platform by deleting the user profile, with no compensation being provided therefor, and to refuse to sell Tickets to the person responsible for another event in the future.
§ 3 Scope of service
3.1 The Ticket allows the Customer and the registered Participant
to participate in the Event and use Event-related services (“Services”) that
are provided during the Event. These kinds of Services may include the
following, depending on availability and without establishing any claim
thereto: one-on-one video calls, chats, speaker discussions, sponsoring,
recruiting, and other functions.
3.2 The Organizer reserves the right to amend, restrict, or cancel
the use and/or scope of one or more Services before, during and after Events.
3.3 Any and all statements made by the Organizer with regard to the
Event platform or the Services in advertising materials, on websites, and in the
documentation constitute merely descriptions of the product and do not
establish any warranty or representation concerning a specific characteristic
except where expressly designated as such.
3.4 The Organizer shall make reasonable efforts to ensure that the
Event platform and the Services are available at all times during the Event
dates. The measuring point for determining whether the Event is available and
the Services are available for use is the interface between the Event platform
and the Internet.
3.5 The Organizer cannot be held responsible in the following
situations unless conduct that is grossly negligent or intentional at the least
can be attributed to it:
• downtime caused by
malfunctions of the Internet or other circumstances for which the Organizer is
not responsible, particularly an epidemic or pandemic (such as COVID-19) or an
event of force majeure;
• downtime caused by obligatory un-scheduled maintenance work that is required
in order to eliminate disruptions; if possible, the Customer and the registered
Participant will be informed of any disruption by a notification on the Event
website; and
• downtime caused by temporary defects in the technical infrastructure of the
Customer and the registered Participant, such as malfunctions in the hardware
of the Customer and the registered Participant.
§ 4 User profile
4.1 Registered Participants are asked to set up a user profile on
the Event platform before participating in the Event. Registered Participants
affirm that they:
• will register using their full and correct name and a valid e-mail
address;
• are at least 16 years old;
• will use a secure password and treat this password as confidential;
• will prevent unauthorized use of their user accounts by third parties; and
• will observe all applicable legal provisions and the user guidelines of the
Organizer.
4.2 Setting up a user profile with false information constitutes a
violation of these Terms and Conditions of Participation and entitles the
Organizer to terminate the agreement immediately and without observing a notice
period and to exclude the Customer or Participant from participation in the
Event platform.
4.3 The registered Participants are responsible for anything and
everything taking place via their user profile unless the registered
Participants have closed the user profile beforehand or notified the Organizer
of abuse thereof.
§ 5 Obligations of the Customer and Participant; rights of use
5.1 Participants bear sole responsibility for providing, servicing,
and maintaining all technical equipment and systems that are necessary in order
for them to access the Event platform and use the Services, particularly the
necessary hardware, an operating system, a solid Internet connection, and
current browser software.
5.2 Participants are obligated not to share their password and
account information with third parties and to protect these against access by
third parties. Users can be held liable for any abuse of their account for
which they are at fault.
5.3 Participants hereby agree to respect the rights of third
parties, including those of the Organizer. Therefore, Participants are, in
particular, not permitted to
• use the information received in connection with the Services (such as
con-tact information) or communication Services (contact with other users) for
advertising purposes;
• transmit or enter data that could, due to their nature, properties, size, or
quantity, damage or freeze the entire IT infrastructure of the Organizer or the
computers of other third parties or could spy on or damage data stored on this
IT infrastructure (e.g., through viruses, Trojans, or spam e-mails); and/or
• take actions or disseminate content in conjunction with the use of the
Services in violation of the rights of third parties (such as copyright,
trademark rights, personal or privacy rights and rights of data protection) or
of statutory provisions, particularly criminal laws, provisions of law for the
protection of youth, data protection provisions, and/or the provisions of the
law of competition.
§ 6 Statement, information, and content for shared use
6.1 The Services may enable the transmission and sharing of
statements, information, and content between registered Participants.
Statements, information, and content that registered Participants transmit or
use jointly or otherwise communicate may be observed by other Participants, or
third parties. Registered Participants are responsible for the statements,
information, and content that are shared with other registered Participants and
for the chosen method of sharing statements, information, and content.
6.2 The Organizer is not obligated to publish statements,
information, or content via the Service and is permitted to remove statements,
information, and content with or without notice.
§ 7 Rights of ownership
7.1 The registered Participants hereby affirm that the registered
Participants are, in each case, permitted to transmit and/or publish the
statements, information, and content provided by the registered Participants
during participation in the Event platform and use of the Services. The registered
Participants hereby also declare that the statements, information, and content
that are provided, jointly used, or otherwise transmitted by the user or the
company do not violate applicable law or the rights of third parties (including
intellectual property rights). Furthermore, the registered Participant each
affirm that the profile data in the user profile are truthful. The Organizer
may be legally obligated to remove certain statements, information, or content.
7.2 The registered Participant grant the Organizer a worldwide,
transferable right of use, subject to sub-licensing, for the statements,
information, and content, including the right to use, copy, modify, distribute,
publish, and process the statements, information, and content that are
provided, jointly used, or otherwise communicated by the Customer and the
registered Participant via the Services without any further consent on the part
of the Customer and registered Participant and without further notification
and/or any obligation to pay a licensing fee to the registered Participant or
third parties on the part of the Organizer.
7.3 The registered Participants shall indemnify and hold harmless the
Organizer in each case from and against all claims, legal actions, and/or other
proceedings brought by third parties against the Organizer with regard to the
right of use granted by the Customer and registered Participant to E.ON Group
Innovation GmbH, This indemnification encompasses all losses that the Organizer
has suffered, along with other costs and expenditures, particularly, but not
limited to, those arising from court fees and costs and/or attorneys’ fees.
7.4 The registered Participant can terminate the right of use for
certain statements, information, and content at any time by deleting these
statements, information, and content from the Services or closing the user
profile; in this case, the registered Participant must take the following into
account:
• other registered Participants may have copied the statement,
information, and content exchanged within the Services;
• other registered Participants may have released or stored this; and
• the Organizer requires a reasonable time span to remove this statement,
in-formation, and/or content from security and other systems.
§ 8 Statements, information, and content
8.1 When using the Services, the registered Participant may
encounter statements, information, and/or content that are inaccurate,
incomplete, late, misleading, illegal, insulting, or otherwise harmful. The
Organizer is under no obligation to review, correct, complete, or otherwise
change any statements, information, and/or content provided by other registered
Participants. The Organizer is not responsible for the statements, information,
and content of other registered Participants and therefore cannot be held
liable for damage and/or losses occurring as a result of statements,
information, and content of registered Participants.
8.2 Furthermore, the Organizer is not responsible for services that
are offered and/or provided to a registered Participant by another registered
Participant or a third party during participation in the Event platform and/or
use of the Services. Any offering or provision of services through the use of
the Services takes place exclusively between the registered Participant and registered
Participant, or a third party.
8.3 In this context, the Customer and registered Participant agree
that the Organizer:
• is not responsible for offering, performing, or purchasing these
services;
• does not endorse any particular service offered by a Customer and registered
Participant; and
• is not permitted to enter into any employment, agency, or joint venture
relationship with a registered Participant that offers services.
8.4 If the registered Participant offer services via the Services,
the Customer and the registered Participant each represent and warrant that the
registered Participant hold all necessary licenses, approvals, and other
authorizations that are necessary in order to offer and/or provide the service,
and that the registered Participant will offer and/or provide services that are
in accordance with the code of conduct and user guidelines of the Organizer.
§ 9 Exclusion and limitation of liability
9.1 The Organizer makes no representation or warranty with regard
to the Event platform and Services or any representation that the Event platform
and/or Services will run without interruption or without errors. The Event platform
and the Services (including content and information) are provided “as is” and
“as available.”
9.2 The Organizer also makes no representation or warranty for
income or profit expectations and/or business opportunities that are directly
or indirectly associated with participation in the Event and/or the use of the
Services by the registered Participant.
9.3 Liability is excluded except where mandatory liability exists
pursuant to the German Product Liability Act (ProdHaftG) or due to intent or
gross negligence, due to loss of life, bodily injury, or impairment of health,
provision of a warranty of a particular quality, malicious concealment of a
defect, or breach of essential contractual obligations. “Essential contractual
obligations” means those obligations whose fulfillment renders the proper
execution of a contract possible in the first place and in compliance with
which the Parties are generally permitted to trust. Damages due to violation of
essential contractual obligations are limited to the amount of damage and/or
losses foreseeable and typical of the contract, except in cases of intent or
gross negligence.
9.4 The Organizers liability irrespective of fault for defects that
exist at the time when the registration is concluded in accordance with Sec.
536a (1), first sentence, of the German Civil Code (BGB) is ruled out.
9.5 To the extent that liability on the part of E.ON Group
Innovation GmbH, is ruled out or limited, this also applies to the personal liability
of the employees, workers, representatives, and vicarious agents of the
Organizer.
§ 10 Changes/postponement/cancellation of the Event
10.1 The Organizer reserves the right to change the program and/or the
time of various events within the Event platform. In this case, the agreement
and the access to the Event platform will automatically be extended by the
relevant period, and the dates of the Services to be provided will be shifted
to the new period that applies to the Event platform.
10.2 If the Organizer is obliged to cancel the Event platform for
organizational reasons or other reasons for which E.ON Group Innovation GmbH, is not responsible, any compensation that may
have been paid for the Tickets will be refunded. The Customer or registered
Participant shall have no further claims, particularly for losses and/or
damage.
§ 11 Online dispute resolution platform
11.1 The European Commission provides a platform for online resolution
of disputes out of court (ODR platform). This platform can be accessed at
www.ec.europa.eu/Consumers/Odr. Contact information for E.ON Group Innovation
GmbH, including the e-mail address, is posted in the legal notice on the
website for the Event.
11.2 The Organizer is neither obligated nor willing to participate in
the dispute resolution procedure.
§ 12 Miscellaneous provisions
12.1 The place of performance and place of jurisdiction for all
disputes arising in connection with this contractual relationship is Berlin if
the Participant is a merchant as defined in German law (Kaufmann), a legal
entity existing under public law, or a public-law special fund or if at least
one of the Parties does not have a general place of jurisdiction in the Federal
Republic of Germany.
12.2 The laws of the Federal Republic of Germany apply on an exclusive
basis to all disputes arising out of or in connection with the Agreement and
these Terms and Conditions of Participation and/or the participation in the
Event, irrespective of the legal basis therefor, to the exclusion of
conflict-of-laws rules that would refer the matter to a different jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods
(CISG) does not apply.
12.3 Should individual provisions of these Terms and Conditions of
Participation be invalid, the validity of the remaining provisions shall be
unaffected thereby.
12.4 The invalid provision must be supplemented in such a way that the
intended purpose is achieved.