A. Terms and Conditions for Users
The following Terms and Conditions for Users shall exclusively apply between Messe Düsseldorf GmbH, Messeplatz, 40474 Düsseldorf, Germany and the user of the Internet portal offered here.
All rights are reserved by Messe Düsseldorf GmbH. No rights of use whatsoever are granted. Reproduction is admissible for private use only.
Messe Düsseldorf GmbH offers users the option of gathering information on the services of Messe Düsseldorf GmbH and its exhibitors. Messe Düsseldorf GmbH reserves the right to change and/or remove information at any time. No responsibility is accepted for the information provided.
1. Messe Düsseldorf GmbH reserves the right to grant
access to certain areas only to those users who have agreed to accept the specific terms and conditions valid in each case (e.g. potential service charges) and have registered with Messe Düsseldorf GmbH.
2. For the purposes of registration, the user undertakes to give truthful, accurate, complete and up-to- date information as required on Messe Düsseldorf GmbH's registration form.
3. 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).
1. Messe Düsseldorf GmbH wishes to expressly point
out that it accepts no responsibility for the exhibitor information contained on or behind this Internet portal. This applies to any and all statutory infringements and breaches of law. It should be noted that this information does not constitute content supplied by Messe Düsseldorf GmbH and that the latter does not adopt this content as its own. The exhibitors concerned have accordingly exempted Messe Düsseldorf GmbH from any liability whatsoever.
2. Should the user perform transactions with exhibitors (e.g. closing deals, making payments), this shall not constitute any legal relationship between Messe Düsseldorf GmbH and the user. A legal relationship shall only exist between the user and the exhibitor.
Some or all of the trademarks, logos and content contained on and behind the portal may be protected by law. This applies in particular to trademark and patent rights but also to all other types of intellectual property rights. Wherever the user wishes to use (reproduce, alter etc.) any such trademarks, logos or content of the portal, he/she must first obtain the permission of the rightful party in each case.
1. Use of the Internet portal as well as the Internet portal itself are subject to the laws of the Federal Republic of Germany.
2. In as far as this can be agreed between
the parties, the place of jurisdiction and place of performance is Düsseldorf.
3. 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, Messeplatz, 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 www.k-online.de (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
1. 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.
2. 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).
3. 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.
4. 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.
5. 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.
6. 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.
1. 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).
2. When registering, the Exhibitor undertakes to give truthful, accurate, complete and up-to-date information, as required on Messe Düsseldorf's registration form.
3. 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)
4. The Exhibitor consents to being contacted by Messe Düsseldorf in a variety of ways (including via an electronic newsletter).
1. The Exhibitor is aware that any data and information transmitted online can be read and manipulated.
2. 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
1. 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.
2. Messe Düsseldorf is entitled to scrutinize the content exhibitors have posted to the Portal in order to check its compliance with the law.
3. 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.
4. 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.
5. 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.
6. 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.
7. The Exhibitor undertakes to observe the rules of "netiquette", i.e. all rules governing proper behaviour online.
8. 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 maximum three months before the next K trade fair from the time at which Messe Düsseldorf first goes online with its Portal carrying data posted by the Exhibitor. Messe Düsseldorf reserves th right to change this date, if the technical development makes it mandatory.
Some or all of the trademarks, logos and content contained on and beyond the Portal may be protected by law. This applies in particular to trademark and patent rights but also to all other types of intellectual property rights. Whenever the Exhibitor wishes to use (reproduce, alter etc.) any such trademarks, logos or content of the Portal, it must first obtain the permission of the rightful party in each case.
1. The place of performance and jurisdiction is Düsseldorf.
2. No side agreements have been made, whether written or verbal, to these Terms and Conditions. No modifications or additions may be made to these Terms and Conditions unless they are made in writing, and the same principle applies equally to this clause.
3. Messe Düsseldorf is entitled to send information and announcements of a contractual nature to the Exhibitor's e-mail address. Any information and announcements of this kind shall be considered to have been delivered as soon as they are available to download from the Exhibitor's mailbox, regardless of the date on which the Exhibitor actually downloads any particular piece of information or announcement.
4. Should one or several of the provisions contained in these Terms and Conditions be or become ineffective, this shall not affect the legal validity of the remaining provisions. Any resulting loophole(s) shall be filled in such a way as to preserve the underlying purpose of these Terms and Conditions.
5. These Terms and Conditions are subject to the law of the Federal Republic of Germany. The German wording is definitive.