1. General information
1.1. Messe München GmbH as operator
Messe München GmbH,Messegelände 81823 München (hereinafter referred to as “we”, “us”, “our” or “MMG”) makes available to users (hereinafter referred to as “user”, “you” and “your”) our app for the trade fair Outdoor by ISPO (hereinafter referred to as “app”) for usage in connection with the trade fair Outdoor by ISPO 2019 (hereinafter referred to as “Outdoor”).
2. Object of contract, functions of the app
The app offers you the following functions:
2.1. Basic functions:
The basic functions of the app include providing you with access to all the information on the current trade fair Outdoor published by us. You can moreover access and read news, messages and posts in all the app’s public channels. The basic functions are available to all users even if they do not purchase a visitor pass or a so-called “Networking Only“ ticket (with access to the trade fair) for the trade fair Outdoor after the installation ofthe app. We reserve the right to amend, discontinue, remove or interrupt operation of these basic functions for any reason, without special notice andat any time insofar as this is necessary, for example, to conduct scheduled or unscheduled maintenance work, error correction or other changes.
2.2. Networking functions:
Insofar as you have acquired the relevant entitlement by way of thepurchase of a corresponding pass or ticket (visitor pass, a so-called “NetworkingOnly” ticket (without access to the trade fair) or usage entitlement as exhibitorat the fair), you are granted access moreover to the networking functions ofthe app. The networking functions offer notably the option of communicating with other users of the app via the posting of news, messages and comments viaboth public and private channels.
2.2.1. The networking function offers you the option of participatingactively in all public channels (including sponsored channels (cf. section 2.2.2) by posting your own news, messages and comments. You can moreover createprivate channels (max. 10 participants per private channel) enabling you tocommunicate individually without it being visible to parties other than thoseparticipants of the private channel concerned determined by you. Furthermore,you can be contacted individually by other users via a private channel.
2.2.2. Companies have moreover the option of acquiring a so-called “Company Account Ticket” in our Ticketshop whereby you are given the opportunity of posting a company profile for your firm in the appand you get a private channel (without participation limit) for the individual information exchange of your firm’s employees (insofar as they have registered in a duemanner, cf. section 3.) and additionally a public channel in your company’sname (“sponsored channel”). As a public channel, the sponsored channel isopenly available to all users and offers you a platform for information exchangeand interaction with all users of the app interested in your firm. You aresolely responsible for the content-related alignment, design and facilitationof this sponsored channel; as such, MMG assumes no liability for this as setout in section 9.MMG makesthese networking functions (including the sponsored channels) available for 3 monthsafter the start of the trade fair Outdoor. Further free provision ofthe networking functions above and beyond that set out above is at the solediscretion of MMG; the latter can continue to provide the networking functionsnotably up until the following trade fair or even discontinue operation completely. As and when possible, MMG will inform users at an appropriate pointin time of the further availability of networking functions after the 3-monthperiod elapses. Notwithstanding the above, the provision of networkingfunctions will be terminated and corresponding content, news, messages andcomments deleted by no later than the point in time at which an update or newversion of the app for the trade fair transport logistic in the following year (“subsequenttrade fair”) is released. Usage of the networking functions in connection withthe updated app for the subsequent trade fair is subject to renewed acquisitionof a corresponding pass, ticket or usage entitlement.
You can use the basic functions of the app without registering. To be able to use certain functions of the app, notably all networking functions, you have to log in to the app with the MMG Ticketshop account you used to acquire your visitor pass or “Networking Only” ticket – as such, the same registration data applies as for the Ticketshop. The creation and usage of this account is subject to the corresponding general terms and conditions of business governing our Ticketshop (https://tickets.messe-muenchen.de/MM/OUT19
). You can therefore log in to the app merely with a single account.You assure us that the data provided for your account are still complete, truthful, correct and not misleading in all respects. You are responsible for notifying us of any changes to ensure that these data are always up to date. You bear the responsibility for all matters processed via your user account even if you have not approved them either tacitly or expressly.
4. Compliance with netiquette
When using the app, you undertake to comply with our code of conduct “netiquette”. You can access this under [https://www.messe-muenchen-connect.de/en/connect-netiquette] at any time.
5. User-generated content
5.1. User-generated content in connection with this app
Via the networking functions of the app you have the option ofparticipating with personal contributions such as the posting of photos ,comments, news and messages and communicating with other users (all contentprovided in this way will be collated subsequently as “user-generated content”or “UGC”).
5.2. Rights to UGC
5.2.1. Your UGC may be subject to copyright and other intellectual property rights of yours or third parties under certain circumstances. The rights to UGC remain with you as a general rule. You allow us for an indefinite period of time, however, to access your UGC, save it and make it available to other users for their use in connection with the app. Moreover, we have the right to analyze the usage of the networking functions for internal purposes, notably for compiling statistics and improving our services.
5.2.2. In the event that your usage of the app ends for whatever reason (termination by MMG or you, exclusion, etc.), MMG reserves the right to continue to use your UGC existing up until this point in time to the above extent and for an indefinite period of time, notably to continue to make the UGC available to other users in connection with the app (in connection with subsequent trade fairs too if applicable).
5.3. General terms governing the UGC
5.3.1. You declare, guarantee and undertake that your UGC under no circumstances:(i) casts a negative light on MMG or on our activities, businesses or brands. You are prohibited notably from using the following content in connection with your UGC: (a) illegal products, content, services or materials; and/or (b) content connected with accidents, assault, disasters or uprisings(ii) encroaches on the private sphere or public rights in an illegal, threatening, racist, offensive or defamatory manner, is vulgar, obscene, profane, pornographic or offensive in any other way or otherwise violates valid law;(iii) encourages behavior that would represent a criminal act, establish liability under civil law or otherwise violate a law;(iv) facilitates the identification of the personal information of third parties such as messages, telephone numbers, social insurance numbers, account numbers, addresses or employer references;(v) contains viruses, Trojan horses or other malicious codes or scripts;(vi) violates the code of public order;(vii) infringes the rights of third parties such as personal rights (notably to one’s own image), protected rights such as brand rights, patents, copyright or other statutory protected rights, but that you are the owner of all rights to the content/UGC you create; or (viii) in the case of photos, is used without a source reference necessary for the lawful use; or (viv) contains material that is illegal or encourages illegal or unlawful acts.
6. Service availability
Insofar as an obligation to render services exists on the part of MMG, this is conditional upon the availability of any advance services provided by third parties. The user recognizes that 100% availability of the services cannot be realized technically. MMG endeavors however to keep the services available at as constant a level as possible. Notably maintenance, safety or capacity issues and events that MMG has no control over (such as public communication network faults, power failures, etc.) can result in the disruption or temporary discontinuation of the app. No liability is assumed by MMG in this respect.
You can terminate the contract for usage of the app including the networking functions at any time either by sending an e-mail to the following e-mail address email@example.com or, if applicable, by making the corresponding setting in your MMG Ticketshop account without having to give reasons for doing so. Notwithstanding the provision set out in section 2.2.3, MMG has the right to terminate the contract for usage of the app for good cause.
8. Rights of MMG
All services and content of the app, notably all texts, logos, trademarks, graphics, artwork, audio files and software (including the access software) enjoy legal protection, for example on the basis of copyright, moral rights, registered patterns, on the basis of patent, brand, labeling and design law, on the basis of trade secrets, data protection and confidentiality rights as well as on the basis of other similar rights (“protected rights”). With the exception of rights to the UGC (cf. section 5 in this respect), MMG is either owner or licensee of all of the existing protected rights to the app and its content or services. All rights continue to remain with us. Without our prior written consent, you may neither reproduce, copy nor publish online such content, material or parts thereof, nor publish, reproduce, send, record, transmit nor edit this elsewhere, nor may you infringe or attempt to infringe our protected rights or the rights licensed to us or belonging to a third party.
9.1. Claims for damages of any kind against MMG are ruled out unless they are based on willful or grossly negligent behavior or the infringement of an essential contractual obligation. Essential contractual obligations are such obligations, the fulfilment of which is absolutely necessary for the due performance of contract and in whose compliance the trader may generally trust.
9.2. Insofar as no willful behavior is involved, liability is limited to foreseeable damage typical for the contract concerned.
9.3. Expense reimbursement claims instead of service provision are ruled out insofar as liability would be ruled out in accordance with the aforementioned provisions.
9.4. The aforementioned liability limitations do not apply to liability for injury to life, body or health or in the case of liability in accordance with the Product Liability Act.
11. Notification of violations
12. Final provisions
12.1. Data protection provisions
All person-related information, data and material you communicate to us in connection with registration or at a later date as well as all other information, data and material you may supply to us in connection with the app are subject to our data protection declaration. The current version of our data protection declaration valid at the time concerned can be accessed https://messe-muenchen.de/en/privacy-policy/.
12.2. Applicable law
12.3. Severability clause