- Use of the Internet portal as well as the Internet portal itself are subject to the laws of the Federal Republic of Germany.
- In as far as this can be agreed between the parties, the place of jurisdiction and place of performance is Düsseldorf.
- Should one or several of the provisions contained in these Terms and Conditions for Users be or become ineffective, this shall not affect the legal validity of the Terms and Conditions for Users in their entirety. The ineffective provision shall be replaced with the relevant statutory provision.
B. Terms and Conditions for Exhibitors
Object of these Terms and Conditions
The following Terms and Conditions of Use shall apply to any exhibitor of Messe Düsseldorf GmbH, Stockumer Kirchstrasse 61, D-40474 Düsseldorf, Germany that wishes to use for its own purposes (e.g. promotion, customer service, closing of agreements) the Internet portal established by Messe Düsseldorf GmbH (this party is referred to herein as "the Exhibitor). Via its Internet (or web) portal of NEWCAST (referred to herein as "the Portal), Messe Düsseldorf GmbH (hereinafter referred to as "Messe Düsseldorf) offers exhibitors the facility to use the Portal as defined in "scope of service below, and also the opportunity to order services online using the Online Ordering System (OOS).
Exclusive application of these Terms and Conditions
In connection with the services described above, the following Terms and Conditions shall apply exclusively.
Once the Exhibitor's registration has been approved by Messe Düsseldorf, the Exhibitor will be supplied with a password and a user identification (ID) by mail. The Exhibitor shall treat both the password and the user ID in confidence, and shall ensure that no third party gains access to or knowledge of them. The Exhibitor shall assume full responsibility for any and all actions taken using the password and/or user ID. The Exhibitor further undertakes to inform Messe Düsseldorf immediately of any unauthorized use of the password and/or user ID.
Scope of service
- The Portal operated by Messe Düsseldorf will normally be available to the Exhibitor and its customers 24 hours a day, and on any day of the year.
- At any time, the Exhibitor will be able to: a)feed in and update its corporate details, b)show the particulars of contacts within the company, c)generate the corporate logo, d)offer customers appointments during the trade fair, e)post "situations vacant and "situations wanted notices, f)place orders for services (in the "OOS area).
- The Exhibitor may only display its corporate details or products on the proviso that the services on offer can in no way be confused with services offered by Messe Düsseldorf.
- All rights to titles and trademarks or service marks are retained by Messe Düsseldorf. The opportunity to establish a presence on the Portal does not entail any transfer of rights of use of any nature.
- Messe Düsseldorf is entitled to block access to the Portal at any time for operational and/or technical reasons, even at short notice. Messe Düsseldorf shall bear no liability for any damage resulting from technical disruption (e.g., any failure of the data link to or from the server), faulty data transfer and/or force majeure.
- The Exhibitor hereby agrees that Messe Düsseldorf may, via the Portal and its associated services, issue information and press notices containing the name of the Exhibitor.
- The Exhibitor is granted the facility to use the Portal for the purposes defined under "scope of service. To obtain this facility, the Exhibitor must first register as a user of the Portal. The facility for online use shall be subject to all other terms and conditions which normally apply to relations with Messe Düsseldorf (e.g. Conditions of Participation, and the conditions applying to the order and supply of specific services).
- When registering, the Exhibitor undertakes to give truthful, accurate, complete and up-to-date information, as required on Messe Düsseldorf's registration form.
- The user's personal particulars will be processed solely within the scope of the statutory provisions of the Federal Data Protection Law (BDSG) and the Teleservices Data Protection Law (TDDSG)
- The Exhibitor consents to being contacted by Messe Düsseldorf in a variety of ways (including via an electronic newsletter).
- The Exhibitor is aware that any data and information transmitted online can be read and manipulated.
- The Exhibitor recognizes that any data transferred via the Internet may be intercepted, modified or destroyed by third parties. The Exhibitor shall be responsible for implementing adequate security and protective measures. This especially applies to the protection of the Exhibitor's own system, the accuracy of data input and output, and the proper back-up of the Exhibitor's own data. Messe Düsseldorf accepts no liability whatsoever in this regard.
Liability for data security
The Exhibitor undertakes to comply with and to monitor compliance with all laws and regulations currently in force that pertain to data transmission and, where applicable, data surveys.
Liability for content
- The Exhibitor undertakes to comply, and to monitor such compliance, with all laws and regulations currently in force that pertain to the content the Exhibitor has posted.
- Messe Düsseldorf is entitled to scrutinize the content exhibitors have posted to the Portal in order to check its compliance with the law.
- In the event that the Exhibitor is in violation of any law currently in force or of these Terms and Conditions, and fails to promptly cease such violation when made aware of it by Messe Düsseldorf, the latter shall be entitled to block the Exhibitor's access to the Portal.
- Messe Düsseldorf shall bear no liability for any content posted by the Exhibitor. This applies equally to any content to which the Exhibitor provides links on the Portal.
- The Exhibitor is obliged to inform all users of the Portal that the Exhibitor assumes sole responsibility for the content it has posted, and that no such responsibility rests with Messe Düsseldorf.
- The Exhibitor indemnifies Messe Düsseldorf against liability for any and all content it has posted to the Portal. Messe Düsseldorf shall assume only such liability as cannot be excluded under the law.
- The Exhibitor undertakes to observe the rules of "netiquette, i.e. all rules governing proper behaviour online.
- The Exhibitor declares its compliance with all currently valid laws governing the export of technical data (in this case via data transmission) from its country of domicile.
Duration of the Agreement / Termination
The facility to use the Portal, as defined in "scope of service, shall be available to the Exhibitor for a maximum of one year from the time at which Messe Düsseldorf first goes online with its Portal carrying data posted by the Exhibitor.