General Terms And Conditions

Newroom Media GmbH, Hildeboldplatz 15-17, 50672 Cologne, Germany (hereinafter the Operator) offers companies (hereinafter the Organizer) the provision of an online platform for virtual events (hereinafter the newroom connect platform). These take the form of creating a virtual event over the Internet that can be freely designed by the organizer, which is set up like an expo center and offers all the possibilities of a real event, such as presentations on expo booths, lectures, chats, conversations, the display of media of all kinds and, of course, the establishment of contacts (hereinafter the virtual event). Within the framework of these virtual events, third companies (hereinafter the exhibitor) can present themselves, their company, their employees and their products. The exhibitor operates a virtual booth. This offers various functions, such as the provision of information about the exhibitor’s company, chat and telephony with the exhibitor’s employees, the provision of digital goodies and the integration of all kinds of media, such as presentation videos (following the digital expo booth). Exhibitors may be allowed to participate without a fee or for an exhibitor fee. In addition to exhibitors, visitors (hereinafter users) can visit the virtual event. Depending on which area the user enters, the entrance for the user can be free of charge or for an “entrance fee”.

Access to a virtual trade fair is subject to the following terms of use.

1. Parties When Using the Newroom Connect Platform

1.1. The terms and conditions refer to the following contracting parties:

Operator: Newroom Media GmbH, Hildeboldplatz 15-17, 50672 Cologne, represented by the CEO Ben Gondek.

Organizer: The organizer freely designs the virtual event based on the possibilities provided by the operator.

Exhibitors: Companies that have registered in accordance with the conditions set out in this contract to participate as exhibitors in the events of the Operator or an external organizer. He runs the digital expo booth.

Users: External customers who have registered in accordance with the conditions set out in this contract to participate in events Users under 16 years of age require a declaration of consent from their legal guardians. This can be downloaded here einwilligungserklaerung_minderjaehrige.pdf and must be submitted for effective registration.

1.2. If a contract is concluded on the basis of these terms and conditions, the following provisions shall also become part of the contract:

The “Special Terms of Use for Event Organizers”.
The “order processing contract”, according to which operators process personal data on behalf of and under the instructions of the organizer.

2. Subject of the Terms of Use

2.1. These terms of use regulate the rights and obligations for the organizer, the exhibitors and the users to use the newroom connect platform.

2.2. The subject matter of these Terms of Use is the granting of a usage license by the Operator for the use of the newroom connect platform for hosting and attending a virtual event. The use of the newroom connect platform is licensed for single/multiple events and can be used after purchase from the beginning of the virtual event until its end. Here, the virtual event will be hosted live and re-live. Re-live means that the virtual event can still be visited – but there is no longer a live chat with the exhibitors and presentations can be accessed as recordings. Within the newroom connect platform there are various features where data (media, personal data) can be exchanged. Data sharing can be done both by uploading and downloading from the platform. During the events, exhibitors and users can be connected for chat and video calls.

3. Conclusion of Contract

3.1. Sending product offers of the operator does not constitute a binding offer. If the User orders the services offered therein, the Operator is entitled to accept this contractual offer of the User within 14 days. The acceptance of the offer is made by an order confirmation of the operator by email or alternatively by otherwise conclusive action.

3.2. If the contract is concluded online, a binding offer of contract is made by clicking on the “Send order” button. The contract is concluded by the subsequent written order confirmation by e-mail by the operator

3.3. These Terms and Conditions of Use shall become an integral part of the contract as declared in the offer, unless the complete waiver of these General Terms and Conditions including all other terms and conditions set forth herein has been expressly declared in writing.

3.4. The User and the Exhibitor accept the General Terms of Use by using the NEWROOM Connect platform.

4. Duties and Obligations of the Operator

4.1. The operator provides the newroom connect platform and grants the rights of use to the organizer, exhibitor and user.

4.2 The virtual event can be held at any time according to the specifications of the operator. Force majeure, such as wars, natural disasters, pandemics, etc., which make it particularly difficult for the operator to provide his service, entitle the operator to make up for it at a later date. However, maintenance, security or capacity issues as well as events that are beyond the control of the Operator and cannot be foreseen (such as strikes, disruptions of public communication networks, power failures, etc.) shall also be considered as force majeure. Even if there are short-term disruptions or temporary discontinuation of services on the platform due to software and hardware faults, in particular also of the software and hardware and IT infrastructure of the Operator, the Operator is entitled to make up for its performance at a later point in time. In this respect, the operator guarantees an availability of the newroom connect platform of 99% during the period of the virtual event. The operator is not liable for technical problems on the part of the organizer, exhibitors or users. Translated with www.DeepL.com/Translator (free version)

4.3. In providing the Services, the Operator may use third party networks, facilities and technologies that are not owned or controlled by the Contracting Parties. The use does not have to be recognizable for the organizer/exhibitor/user.

4.4. The operator is entitled to remove content from the platform without prior notice if it violates the law. The operator also reserves the right to reject certain organizers or exhibitors if they present criminal content. However, an organizer/exhibitor/user can also be excluded from a virtual event if the content is pornographic, glorifies violence or violates the free democratic basic order. If the organizer draws the attention of the operator to illegal content, the operator will check it immediately and remove it in case of illegality.

4.5. The operator reserves the right to make changes to the newroom connect platform at any time for technical, legal, data protection or other reasons.

4.6. The organizer can also run a digital expo booth at the virtual event.

5. Obligations of the Organizer and Exhibitors

5.1. The organizer and the exhibitors undertake to use the services provided by the operator only in accordance with these terms of use.

5.2. The organizers and exhibitors undertake in particular,

5.2.1. as far as it is possible for them, to check the performance of the operator and to report faults to the operator without delay,

5.2.2. not to misuse the access possibilities to the services offered by the operator and to refrain from illegal and/or unlawful actions,

5.2.3. to refrain from the attempt,

enable other persons/companies to misuse newroom connect platform, such as granting access to the platform to all parties other than the organizer, exhibitor and user;
to distribute and/or make accessible criminal content of any kind, in particular pornographic content, content glorifying violence or content that violates the free democratic basic order, via the newroom connect platform;
neither offer nor distribute copyrighted content without authorization;

5.3. The organizers and exhibitors confirm that they have the rights to images, content, text, videos, etc. that they provide to the operator to make them available online on the platform. Organizers and exhibitors undertake not to use any intellectual property (in particular brands, designs, copyrights) of third parties on the newroom connect platform without being authorized to do so. The organizer and exhibitor will indemnify the operator against all justified claims of third parties due to the illegal use of other people’s intellectual property.

5.4. The exhibitors are provided with files for the design of the digital eexpo booths by the operator. The organizer is provided with files for the design of the digital expo site by the operator. These files may only be used for use within the newroom connect platform. Therefore, the operator grants the exhibitors or the organizer a simple right of use to the provided files limited to the use within the platform for the duration of the virtual event. Any use beyond this is not permitted.

5.5. The organizers or exhibitors are prohibited from making any changes to the services or products of the operator. In particular, no trademarks or copyrights may be removed, altered or suppressed.

5.6 If an organizer or exhibitor wishes to use designs, features, expo booths, etc. that are attributable to the Operator’s platform outside the Operator’s platform, it must obtain the written consent of the Operator before using them. If this involves designs, features, exhibition stands, etc. whose rights of use are held by an external organizer, the consent of the respective external organizer must be obtained prior to use. Translated with www.DeepL.com/Translator (free version)

5.7. Exhibitors have the option of integrating external websites into the newroom connect platform. Insofar as use is made of this option, the respective exhibitor is solely responsible for these external websites.

5.8. The organizer and exhibitors are prohibited from disclosing their login data to third parties. You have to keep the login data and passwords secret.

5.9. If young people are admitted to an event in accordance with § 1 para. 1 no. 2 of the Youth Protection Act, the organizers and exhibitors undertake to ensure that the content presented complies with the law and the Youth Protection Act.

5.10. The organizer and the exhibitors undertake to comply with the statutory provisions – in particular the Federal Data Protection Act (BDSG) and the Data Protection Act of the European Union (DS-GVO) – when processing personal data. Insofar as the Organizer does not issue any further instructions, the Operator shall implement a data protection declaration that provides information on all data processing operations on the newroom connect platform that are necessarily carried out when using the newroom connect platform. Insofar as the Operator wishes to use the Users’ and Exhibitors’ data for further processing activities, it is obliged to adapt the data protection declaration together with the Operator. According to the privacy policy, the organizer is responsible for the processing of all personal data collected in the context of its virtual events.

6. Duties of the Users

6.1. The user is obliged to use the services provided by the operator only in accordance with these terms of use.

6.2. It is the User’s responsibility to ensure that he/she meets the technical requirements notified for the use of the newroom connect platform.

6.3. The User is also obliged in particular,

6.3.1. as far as it is possible for him, to check the performance of the operator and to report faults to the operator without delay,

6.3.2. not to misuse the access possibilities to the services offered by the operator and to refrain from illegal and/or unlawful actions;

6.3.3. to refrain from the attempt,

enable other persons/companies to misuse newroom connect platform, such as granting access to the platform to all parties other than the organizer, exhibitor and user;
to distribute and/or make accessible criminal content of any kind, in particular pornographic content, content glorifying violence or content that violates the free democratic basic order, via the newroom connect platform;
neither offer nor distribute copyrighted content without authorization.

6.3.4. The user is prohibited from making any changes to the services or products of the operator. In particular, the User may not remove, alter or suppress any trademark or copyright notices.

6.4. When applying for access to the newroom connect platform, the user undertakes to provide true and complete data (first name, last name, date of birth, email address) as well as other voluntary information. He/she undertakes to notify the Operator immediately of any future changes to the information provided. This also applies insofar as it is an event at which the participation of users is permitted who are juveniles according to § 1 para. 1 no. 2 Youth Protection Act. Users under 16 years of age must present a declaration of consent from their legal guardian.

6.5. The user is prohibited from disclosing his personal login data to third parties. He/she has to keep the login data and passwords secret.

6.6. The operator is to be exempted from all claims of third parties that are based on a culpable violation of the user against the obligations contained in this user agreement. If the user has recognized or should have recognized a violation, he has to inform the operator immediately.

7. Expo Rally

The conditions of participation and the privacy policy of the platform apply to participation in the expo rally.

8. Use of References

The organizer and the exhibitors confirm that the operator is entitled to make media files (especially photos and videos) of the virtual event and the digital expo booths and to use them as references. For this purpose, the organizer and the exhibitors grant the operator a simple right of use to all data contributed by them in connection with the virtual event and the digital expo booths exclusively for the purposes of marketing. The organizer and the exhibitor are aware that in the event that they use intellectual property such as brands, designs or copyrighted material in the design of the virtual event and the digital exhibition stands, this can also be shown as part of the references.

9. Payment Terms

9.1. The terms of payment between the operator and the organizer are based on the special terms of use for organizers.

9.2. The terms of payment between the operator and the exhibitor or user are based on the respective price lists of the organizer for the respective virtual event.

10. Warranty

10.1. The operator points out that it is currently impossible to create a software that works error-free in all applications and in all combinations at all times. This is especially true when it comes to the use of different hardware and software components.

10.2. Defects in the software must be reported by the organizer and/or the exhibitors immediately after they are discovered. If the organizer or exhibitor is a merchant, § 377 HGB (German Commercial Code) shall apply accordingly.

10.3. The organizer or exhibitor only has the right to withdraw from the contract or reduce the price if the defect in the software is a significant defect and cannot be remedied by other software functions. In the case of a minor defect, withdrawal is excluded.

10.4. The user is entitled to the statutory warranty rights.

11. Liability

11.1. The operator is liable:

if the damage was caused by intent or gross negligence of the operator, its representatives or vicarious agents;
if damage is caused by simple negligence, insofar as this negligence relates to the breach of essential contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). Cardinal obligations” include obligations the breach of which would jeopardize the purpose of the contract and on the fulfillment of which the contractual partner may therefore legitimately rely. However, liability shall only be assumed insofar as the damage is typically associated with the contract and is foreseeable;
if the damages consist of injury to life, body and health;
if the operator provides a guarantee;
if a defect is fraudulently concealed by the operator;
in cases of mandatory legal liability, in particular under the Product Liability Act (ProdHaftG).

11.2. The operator is not liable for data loss, unless this was caused by gross negligence or intentionally and the damage could not be avoided even by appropriate data backup.

11.3. The organizers, exhibitors and/or users are responsible for content made available on the newroom connect platform. The operator is not obliged to check the content beforehand. This also applies in the event that the operator acts as an organizer on the newroom connect platform. Insofar as third parties assert claims for damages against the operator based on possible infringements of rights resulting from the content of the newroom connect platform provided by the organizer, exhibitors and/or users, the organizer, exhibitors and/or users shall be obliged to indemnify the operator. Furthermore, the organizer, exhibitor and/or user undertakes to compensate the operator for all costs incurred due to the possible infringement of rights.

11.4. Otherwise, the liability of the operator is excluded. An exclusion or limitation of liability, also applies to the personal liability of employees, representatives and vicarious agents of the operator and for claims for damages in tort.

12. Statute of Limitations

Claims for defects shall become statute-barred within one year from the statutory commencement of the limitation period. This provision shall not apply to claims pursuant to Section 438 (1) No. 2 BGB and Section 634a (1) No. 2 BGB.

13. Termination

Users may terminate the contract in accordance with the contractual agreements or legal provisions. The termination must be in writing to be effective. The user is not granted any further right of cancellation.

14. Confidentiality Obligation

The organizer and exhibitor undertake to treat as confidential all information relating to the implementation of the virtual event that is not publicly available. This applies in particular to the contractual contents of the Special Terms of Use for Organizers.

15. Privacy Policy

Details on data protection are regulated in the operator’s data protection agreement

16. Final Provisions

16.1. The law of the Federal Republic of Germany shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2. The general place of performance is Cologne.

16.3. The exclusive place of jurisdiction for all disputes arising from this contract shall be Cologne, Germany, if the contracting party is a merchant, a legal entity under public law or a special fund under public law or if it does not have its registered office or place of residence within Germany.

16.4. Should individual provisions of these GTC be invalid or lose their validity due to a circumstance occurring at a later date, this shall not affect the validity of the remainder of the contract. The invalid provisions shall be replaced by a provision that comes as close as possible to what the contracting parties would have intended if they had considered the relevant point.