These usage conditions apply to the contractual relationship between Koelnmesse GmbH ("Koelnmesse") and the users of the "ambista" online platform ("online platform").
The online platform is an online business network that allows users to search for and manage business contacts within a closed communication and contact portal. The platform is provided free of charge, based on these general terms and conditions and the service description agreed upon on conclusion of the contract.
These general terms and conditions exclusively govern the contractual relationship between the contracting parties. The user's general terms and conditions do not form part of the contract.
1.1 During the term of this contract, Koelnmesse will grant the customer access to the online platform free of charge and to the extent agreed.
1.2 In order to use the online platform, the customer will need to have successfully registered with the service. To this end, the user has the option of registering on the online platform using the existing login information for the dimedis FairMate ticket shop ("ticket shop"), and transferring the data stored in the ticket shop to the online platform as desired.
1.3 The contract is concluded with the user's successful registration on the online platform, or if the existing ticket shop login information is being used, with the user's first login to the online platform.
2.1 Koelnmesse grants the user access to the online platform free of charge. The duration of access is limited to the term of the contract. The scope of services is based on the service description that can be viewed here.
2.2 The online platform allows exhibitors and other service providers to present their products to users. Content on the platform is the sole responsibility of the exhibitor, and Koelnmesse has no influence on the content.
2.3 If Koelnmesse provides the user with the option of contacting exhibitors or other service providers via the online platform, then Koelnmesse will not participate in this communication, and will have no influence on the communication or the contents of the communication. If contracts are concluded by way of communication via the platform, then these will apply exclusively between the user and the relevant exhibitor or service provider; Koelnmesse will never be a contracting partner in these cases.
2.4 Koelnmesse endeavours to provide the online platform with maximum levels of availability. It is not, however, obligated to provide constant, uninterrupted availability. Availability is affected in particular by planned maintenance work and technical failures that lie outside Koelnmesse's sphere of influence.
2.5 If Koelnmesse provides the user with the option of uploading or publishing content to the online platform itself, then Koelnmesse is not obligated to check this content in terms of its lawfulness. If Koelnmesse does however become aware of any user content that breaches legal provisions, third-party rights or these general terms and conditions (in particular Items 4.2 and/or 4.3) or that advertises products that meet these criteria, then Koelnmesse reserves the right to delete this content at any time and without notice.
2.6 Koelnmesse is entitled, but not obligated, to extend and further develop the functional scope of the online platform, and to discontinue these developments and extensions at any time without notice.
2.7 Koelnmesse reserves the right to limit or completely stop the functional scope of the online platform. Koelnmesse will take into account the legitimate interests of the user in this case.
2.8 Koelnmesse is entitled to have its services performed by sub-contractors either in full or in part.
3.1 The user is obligated to keep its access data for the online platform secret and not to pass it on to third parties.
3.2 The user is obligated not to upload or publish any content on the online platform that breaches legal provisions, third-party rights (in particular copyrights), these general terms and conditions or moral standards, in particular any pornographic, abusive, offensive, extreme right-wing or left-wing content or other content that does not comply with the free and democratic order..
3.3 When using the online platform, the user is obligated to observe all legal provisions, and in particular to not perform any anti-competitive actions or to unreasonably bother other users of the online platform within the meaning of § 7 of the German Act Against Unfair Competition (UWG) or to carry out, advertise or promote any structural sales activities (such as multi-level marketing or multi-level network marketing). It is also obligated to not use any mechanisms, software or scripts in conjunction with the use of the offered services, to not perform automatic copying of any content (e.g. using crawlers), to not publish or forward any content belonging to Koelnmesse or other users without authorisation, and to not perform any actions that could potentially impair the functioning of the online platform infrastructure.
The user or the licensor respectively remain holder of all property and copyrights for all content uploaded to the platform. The user grants Koelnmesse a simple, non-exclusive, and free-of-charge usage right, without any restriction on location, for all content uploaded by the user onto the Koelnmesse server or published using the online platform. This right allows Koelnmesse to use this content within the framework of the online platform, and in particular to reproduce or distribute the content, to make it publicly accessible, to send or forward it and to provide it to third parties in other ways and in any form of media, as well as to edit and modify it. The usage right is limited to the term of the contract. Koelnmesse and its sub-contractors are however entitled to make back-up copies of the content to the usual extent, and to continue to store these even after the end of the contract. Koelnmesse Koelnmesse may use the content provided for the duration of the contract and subsequently for its own business purposes, that is by itself or through affiliates for advertising purposes for the online platform or services related to it.
5.1 The user must exempt Koelnmesse from any claims made by third parties against Koelnmesse or its agents due to a breach of rights for which the user is responsible.
5.2 If third parties make any claims against Koelnmesse, then Koelnmesse must inform the customer of these claims immediately, and leave the defence to the customer at its own discretion, or carry out the defence in coordination with the customer. Koelnmesse will not recognise or put beyond dispute any claims from third parties without the customer's consent.
5.3 The exemption applies accordingly for fines as well as other official or legal requirements and demands.
Koelnmesse's liability and warranty are governed by the legal provisions.
7.1 The contract is concluded for an indefinite period and can be terminated by either party with a notice period of 5 days.
7.2 The right to terminate the contract for good cause remains unaffected.
7.3 A good cause is deemed to be present in particular if the user commits a non-insignificant breach of its obligations as set out in Item 4.2 and/or 4.3 these general terms and conditions.
7.4 Regardless of the reasons behind them, terminations must always be made in writing or text form.
7.5 Koelnmesse is entitled to block the user's access to the online platform temporarily if the user has breached a major obligation stipulated by this contract or an obligation set out in Item 4.2 or 4.3, or if there is reason to believe that the user's access to the online platform is being misused. In the event of a block, Koelnmesse will inform the user via email and provide the opportunity to make a statement.
These usage conditions may be modified between Koelnmesse and the user as described below, by means of a corresponding agreement. Koelnmesse sends the modified conditions to the user in text form before they are planned to come into force, and informs the user of the new regulations and the date that they are planned to come into force. Koelnmesse also allows the user an appropriate period of at least 8 weeks to declare whether it accepts the modified usage conditions for further use of services. If no declaration is provided within this period, which starts on receipt of the notification in text form, then the modified conditions are deemed agreed. At the start of this period, Koelnmesse will inform the user of the related legal consequences, i.e. the right of objection, the objection deadline and the significance of remaining silent.
9.1 Changes and additional agreements to this contract must be made in writing. This also applies to this provision in the written form.
9.2 The language of the contract is German. Translations into other languages are non-binding and serve solely to aid understanding.
9.3 The user can only offset claims by Koelnmesse or exercise a right of retention if its counterclaim is undisputed, if there is a legally binding title or if the counter-claim exists in synallagmatic relationship to the affected claim.
9.4 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention and conflict-of-law provisions.
9.5 The sole place of jurisdiction for all disputes arising from or in connection with this contract is Cologne, provided that the user is a trader and does not have a general place of jurisdiction in Germany or another EU member state, and if it has transferred its permanent residence to outside Germany after these general terms and conditions enter into force, or if its place of residence or usual abode is not known at the time that the action is filed.
9.6 If individual regulations within these usage conditions are or become ineffective, this does not affect the effectiveness of the other regulations. The ineffective provision is considered replaced by one that most closely reflects the commercial intent of the ineffective provision in a legally valid way. The same applies to any loopholes.
Version: 12. January 2017