Terms
and Conditions of Participation for Digital Participation in the PowerCo Meet Up
Last updated: April 2024
§ 1 Scope
These Terms and Conditions of
Participation for PowerCo Meet Up of PowerCo SE (Industriestraße
Nord, 38239 Salzgitter), apply to purchases of full
conference passes and to registration for the Event 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
con-firmed 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 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 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 and during the
Event.
3.3 Any and all statements made by the Organizer with regard to the
Event 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 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 Customers and registered Participant are asked to set up a user
profile on the Event platform before participating in the Event. Customers and
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.
4.3 The Customer and the registered Participant are responsible for
anything and everything taking place via their user profile unless the Customer
and the registered Participant 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 Customers and 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 and use the Services,
particularly the necessary hardware, an operating system, a solid Internet
connection, and current browser software.
5.2 Customers and 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 Customers and Participants hereby agree to respect the rights
of third parties, including those of the Organizer. Therefore, Customers and
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 Customers and registered
Participants. Statements, information, and content that Customers and
registered Participants transmit or use jointly or otherwise communicate may be
observed by other Customers, Participants, or third parties. Customers and
registered Participants are responsible for the statements, information, and
content that are shared with other Customers and 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 Customer and the registered Participant hereby affirm that
the Customer and the registered Participant are, in each case, permitted to
transmit and/or publish the statements, information, and content provided by
the Customer and the registered Participant during participation in the Event
and use of the Services. The Customer and the registered Participant 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 Customer and 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 Customer and 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 Customer and registered
Participant or third parties on the part of the Organizer.
7.3 The Customer and registered Participant 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 the Organizer. 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 Customer and 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 Customer and registered Participant
must take the following into account:
• other Customers and/or registered Participants may have copied the
statement, information, and content exchanged within the Services;
• other Customers and/or 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 Customer and 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
Customers and registered Participants. The Organizer is not responsible for the
statements, information, and content of other Customers and registered
Participants and therefore cannot be held liable for damage and/or losses
occurring as a result of statements, information, and content of Customers and
registered Participants.
8.2 Furthermore, the Organizer is not responsible for services that
are offered and/or provided to a Customer and registered Participant by another
Customer or another registered Participant or a third party during
participation in the Event and/or use of the Services. Any offering or
provision of services through the use of the Services takes place exclusively
between the Customer and a registered Participant and another Customer, another
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 Customer and registered Participant that offers services.
8.4 If the Customer and the registered Participant offer services
via the Services, the Customer and the registered Participant each represent
and warrant that the Customer and 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 Customer and 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 and Services or any representation that the Event and/or Services
will run without interruption or without errors. The Event 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 Customer or 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 the Organizer 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. In this case, the agreement and the
access to the Event 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.
10.2 If the Organizer is obliged to cancel the Event for
organizational reasons or other reasons for which the Organizer 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 the Organizer,
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 Customer or 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.