General Conditions of Use ISPO Open Innovation
1. Purpose of the ISPO Open Innovation Platform
1.1 With ISPO Open Innovation, MMG is offering to organize and carry out “Open Innovation” projects in collaboration with external project partners. The objective of the ISPO Open Innovation platform is to create a dialog between companies and consumers about specific products, concepts, services, and events, and to facilitate and promote the (further) development of such products, concepts, services, and events by companies through the active involvement of ISPO Open Innovation participants.
1.2 The products can be commercialized once the development phase is complete, i.e. produced and marketed by ISPO Open Innovation or the project partner. User feedback should be used to create better products and services.
1.3 Project partners are companies, individuals, or organizations who initiate their own project via ISPO Open Innovation.
2. Validity, Amendments to the General Terms and Conditions of Business
2.1 The offer, for which you are registering, is an offer of Messe München GmbH, Messegelände, 81823 München, Germany ("MMG").
MMG is providing you with its offer / services (“Service”) on the basis of these Conditions of Use (General Terms and Conditions of Business). Any conflicting conditions or conditions differing from the said General Terms and Conditions of Business, as well as any additions or restrictions on your part shall explicitly not apply.
MMG is entitled to entrust third parties with the performance, administration, moderation, marketing and monitoring of all or part of the offer. The present General Terms and Conditions of Business shall also apply in such case.
2.2 MMG is entitled to amend the present General Terms and Conditions of Business without giving reasons. In such case, MMG will notify you of the changes made to the General Terms and Conditions of Business. The changes shall be deemed to have been accepted by you:
a) if you do not object to the said changes within a period of six weeks of their notification in writing or in text form, e.g. by e-mail to email@example.com, or
b) as soon as you continue to use the service after notification – including in case of a preceding objection. On notification of amendments to the General Terms and Conditions of Business, MMG undertakes to explicitly draw your attention to the fact that the circumstances named above under a) and b) will entail acceptance of the amended General Terms and Conditions of Business by you. MMG may inform you of changes to the present General Terms and Conditions of Business or other matters by e-mail or also by publishing appropriate references or links on its Internet websites.
2.3 Furthermore, additional functionalities of the service shall be subject to special conditions of participation.
3. Eligibility for Participation, Requirements, Contractual Declarations
3.1 In order to participate, either an account with ISPO Open Innovation or with Facebook, Google+, LinkedIn or Xing is required.
3.2 Participation is free of charge. Unless otherwise expressly provided, natural persons, companies, and firms with full legal capacity are entitled to participate. The service is expressly not intended for children and young persons. By submitting your registration, you represent and warrant that the above participation requirements are satisfied.
3.3 In order to participate in ISPO Open Innovation, it is necessary to pass certain information to ISPO Open Innovation. When registering via the above-mentioned social networks, this refers to the public profile data and e-mail address stored with the social network in question. This is carried out by clicking on the “Agree” button prior to accessing the application. When registering an ISPO Open Innovation account, this refers to the e-mail address, username, and password which can be entered during the registration process.
3.4 With respect to the mandatory and voluntary data to be entered by you as part of the registration process, you are required to provide truthful, precise, up-to-date and complete information as specified in the application form and to ensure that your data in the membership account are kept up-to-date and correct at all times. Every user may only set up one membership account. Following successful registration, you will be assigned a password and a name for your membership account. Your membership account is not transferable. Every user shall be permitted access to or use of the services only through their own membership account, and not that of a third party.
3.5 There is no entitlement to registration. MMG is authorized to refuse approval for use of the services without giving any reasons.
3.6 By registering, you undertake to use the services of MMG exclusively for your own private or business purposes; however, commercial use in the context of a re-sale and/or re-use of functionalities, services or analyses or any other marketing of findings acquired by means of the services of MMG shall be strictly prohibited.
3.7 Contractual declarations (e.g. e-mail confirmation, amendments to the General Terms and Conditions of Business or data protection statement) may be sent to you by e-mail.
3.8 MMG explicitly reserves the right to modify, supplement, delete or temporarily or permanently discontinue the services offered in whole or in part, provided the same are offered free of charge.
3.9 Should MMG or a project partner advertise prizes, preferential treatment and/or other incentives (hereinafter collectively referred to as “incentives”) for specific user conduct or make the same available to users, cash payment of prizes and incentives, including part thereof, shall be excluded. Furthermore, any recourse to courts of law shall be excluded in such cases.
4. Termination, Deletion, Closure & Blocking of the Membership Account
4.1 You may terminate your membership at any time for whatever reason. MMG is vested with the same right of termination. In case of termination, MMG will delete your membership account including any registration data provided. According to the designated purpose of MMG, the surveys, votes, comments, suggestions, ideas, sketches, and other content initiated and published by you shall remain in the ISPO Open Innovation as provided in Clause 8, but your member name, possibly also in other services or with regard to other contents, will be either replaced by appropriate blind text or marked as deleted.
4.2 MMG can, at its own discretion and for whatever reason, interrupt, block, terminate and delete your password, your membership account, your contents placed therein as well as any other usage of the services by you, also without notifying you. This shall apply in particular, if you have not used MMG’s services for a prolonged period. Moreover, MMG shall in any case be entitled to interrupt, block, terminate and delete your membership account, your contents placed therein as well as any other usage of the services by you, if MMG is legitimately obliged to assume that you are infringing the present General Terms and Conditions of Business or not complying with essential fundamental aspects of the General Terms and Conditions of Business.
5. Notification of Right of Revocation
If you are a consumer within the meaning of the relevant statutory provisions, you have a right of revocation as described below.
5.1 Right of Revocation. You may revoke your contractual declaration within 14 days in text form (e.g. by letter, fax, e-mail) without giving any reasons. The period will commence upon receipt of this notification in text form, but not before conclusion of the contract nor before complying with our obligations to provide information pursu-ant to Article 246 § 2 in conjunction with § 1 par. 1 and 2 EGBGB (Introductory Act to the German Civil Code). To observe the revocation period, it is sufficient to dispatch the revocation on time. The revocation must be sent to: Messe München GmbH, Messegelände, 81823 München, Germany. The revocation may also be sent by e-mail to firstname.lastname@example.org .
5.2 Consequences of Revocation. In case of effective revocation, the performances received on both sides shall be returned, and any benefits derived (e.g. interest) surrendered. If you cannot return or surrender to us the performances received and benefits derived (e.g. benefits of use) or can only return or surrender the same partially or in deteriorated condition, you must pay us compensation for loss of value to this extent. This can result in your nevertheless having to fulfil the contractual payment commitments for the period up to revocation. Obligations to refund payments must be satisfied within 30 days. For you, the period will commence upon dispatch of your notice of revocation, and for us upon its receipt.
5.3 Expiry of the Right of Revocation. A right of revocation will expire early, if the contract is fully performed on both sides at your express wish, before you have exercised your right of revocation.
6. General Obligations of the User
6.1 The ISPO Open Innovation is based on the concept of participation in opinion-forming processes. This presupposes that the opinions expressed by you, e.g. ratings provided within the scope of surveys, suggestions, comments or other contributions, and votes, represent your actual opinion or that the reasons given are actually pertinent. You acknowledge this as a fundamental principle, in the same way as you would also expect the same of other members of the ISPO Open Innovation.
6.2 You shall ensure that your membership account is used only by you yourself and to this end you must in particular keep your password secret. You are responsible for ensuring that your password does not come to the attention of third parties. You shall inform MMG without delay of every abuse of your password or membership account as well as every other infringement of safety regulations in this connection. You are liable for any and all abuse of your membership account culpably caused by you.
6.3 Participation in the ISPO Open Innovation requires a certain infrastructure (e.g. computer, Internet connection, mobile telephone connection), the procurement and cost of which shall fall within your sphere of responsibility.
6.4 You undertake to cease and desist from any action impairing or likely to impair the integrity or functional capability of services provided by MMG or the servers and networks connected thereto (e.g. by software or scripts). This shall apply also and in particular to the use of robots, spiders, scrapers or similar technologies for automated retrieval of contents or data. In the same way, it is prohibited to modify areas of the website not made available to you by MMG for this purpose, including areas of other users, or to disseminate any information, data and analyses contained therein. You undertake not to access offers/services in any way other than via the user interface provided by MMG.
6.5 You undertake not to use, render, reproduce, copy, sell, exchange or resell the offers/services for any purpose, in particular for commercial purposes.
7. Responsibility, Prohibited Contents and Conduct
7.1 You are solely responsible for all data, texts, information, votes, ratings, postings and other statements, messages, software, music, photographs, graphics, videos, links or other materials created yourself or taken over from third parties (hereinafter collectively referred to as “contents”), which you enter, publish, disseminate or otherwise transfer using or via the ISPO Open Innovation. You guarantee to MMG that you own all the necessary rights in respect of the contents, for which you use the ISPO Open Innovation for the purpose of saving, publication and/or transfer and that no third-party rights, of any kind whatsoever, no statutory provisions nor any rules of the present General Terms and Conditions of Business, in particular not the rules set forth in Sec. 7.3, are thereby violated. If you are not yourself the holder of the rights in or to any content posted by you, you will guarantee that you have effectively obtained all requisite rights, permissions, authorizations and the like. In the event that you have violated these guarantees or one thereof, you will at the first request release us from any liability vis-à-vis third parties in compliance with Sec. 14. and hold us fully harmless.
7.2 You guarantee that your use of the ISPO Open Innovation and the services offered as well as the contents used by you do not violate statutory bans, good morals and/or rights of third parties. In particular, in the course of using MMG’s services, you may not:
- save, publish or transfer contents, which are personally or economically detrimental, threatening, abusive, harassing, offensive, defamatory, vulgar, obscene, hate-inciting, racist, pornographic, glorifying violence, harmful to youth or in any other way violate prevailing law or are in the reasonable view of MMG objectionable.
- save, publish and/or transfer contents, which violate the rights of third parties, in particular patents, trademarks, utility and design patents, copyrights, neighboring rights, business secrets, know-how, moral rights or ownership rights or which you are not authorized to pass on.
- save, publish and/or transfer contents, which contain viruses or files or programs intended or suitable for interrupting, destroying or restricting the functioning of software or hardware or telecommunications devices.
- pretend to be another natural or legal person in MMG’s services.
- forward, disseminate or otherwise publish contents of other users outside MMG’s services, insofar as the persons concerned have not given their consent in this respect, falsify or suppress e-mails and contents of other users or authors and/or the assignment of the contents to a user or author and remove or manipulate legal or other references, owner’s identifications, symbols of origin and distinctive marks of other users.
- save, publish and/or transfer advertising, promotional material, junk or mass e-mails ("spam"), chain letters, snowball systems or other commercial communications without the explicit prior written permission of MMG.
- collect, save or transfer personal data about other users, insofar as the persons concerned have not given their consent in this respect.
7.3 Should you establish that contents of other users violate the present General Terms and Conditions of Business or statutory provisions, please notify us by e-mail at email@example.com. Please also inform us of the identification data of the person, who in your view is not abiding by the rules, together with the content in question or a description and further useful or necessary details.
8. Use of Contents
8.1 By participating in a project, the user grants ISPO Open Innovation and the project partner exclusive right of use to any copyrights contained in the contributions submitted, free of charge and without any restriction as to time, place or content. This right includes the right of use, representation, exhibition, broadcast/transmission, distribution, reproduction, and licensing. Furthermore, the commercial production, distribution and advertisement of the contributions by the project partner ... as well as the right to have the submissions, in whatever form, protected by ISPO Open Innovation or the relevant project partner.
8.2 The participant shall forgo the right to prohibit the distortion of their work as per Article 14 of the Copyright Act (UrhG).
8.3 On request, the participant shall again provide separate written consent to the transfer of rights of use.
8.4 In principle, MMG does not monitor this content and therefore accepts no liability for this content, including its accuracy, legality or quality. MMG is nonetheless entitled to block, delete or edit any content you have made accessible via this service, or, if necessary, publish it elsewhere within the offer, at any time and at its own discretion, in particular if MMG becomes aware or can justifiably assume that content or the use thereof on ISPO Open Innovation is in breach of applicable law or these general terms and conditions.
You shall otherwise be responsible yourself for securing by other means any content you place on ISPO Open Innovation for your own purposes.
8.5 You authorize MMG in particular to place your user name and your contents in internal search functions for optimizing the services and to make smaller-scale pictures of photographs and videos (thumbnails) and use them for an unlimited period in MMG’s services. MMG is entitled to transfer the technical processing and transmission of the offer, including the contents posted by you, via different networks for an unlimited period and/or to make any technical changes, in order to comply with the technical requirements of related networks or other technical devices.
9. Premature Termination of Projects
ISPO Open Innovation reserves the right to terminate or end a project at any point in time without prior notice and without specifying a reason.
ISPO Open Innovation primarily uses e-mail to communicate with users about content-related matters within the context of the Open Innovation Platform (e.g. new projects, new platform features, and similar).
11. Data Protection
Data protection is a matter of particular importance to MMG. The relevant principles and regulations can be found in our Data Protection Statement.
12. Warranty Exclusion, Third-Party Contents
12.1 MMG offers its service subject to the reservation that it can interrupt or discontinue all or part of the service at any time. MMG does not guarantee either to you or to any other persons that the offer is safe and fault-free at all times without interruption. It is used by you under your own responsibility. This shall apply in particular to the use of contents, which are offered by way of the ISPO Open Innovation, in particular by other users. Nor does MMG guarantee that the hardware and software used for the offer operates fault-free at all times or that any faults in the hardware or software are corrected, and it does not assume any liability for damage arising from the use or impossibility of use of MMG services, including loss of data or their integrity. You are solely responsible for any damage to your computer system, or other items of technical equipment employed with a view to usage, for the loss of data or for other damage and also for third-party damage caused by you in this connection.
12.2 ISPO Open Innovation is a platform for opinions, open innovation projects, ratings and surveys of its users. MMG therefore assumes no guarantee and gives no warranty regarding the correctness and reliability of the information, analyses and functionalities available within the scope of the offer, as these are essentially based, and dependent, on the conduct and data provided by the users.
12.3 Our offer or also the contents of the users may contain references (links) to websites and services of third parties. The respective provider or operator is primarily responsible for the contents of the linked sites; for MMG they constitute third-party contents. Kindly inform us on firstname.lastname@example.org, if you consider that any linked offers indicate unlawful or otherwise dubious contents.
12.4 The respective provider is responsible for the content of advertisements, as well as for the content of the advertised website.
13. Liability and Limitation of Liability
13.1 MMG is liable for deliberate intent and gross negligence as well as in cases of violation of a substantial contractual obligation (“cardinal obligation”).
13.2 Subject to limitation to compensation for typical contractual damage foreseeable on conclusion of the contract, MMG is liable for such damage as is based on slightly negligent violation of cardinal obligations by MMG.
13.3 In the case of slightly negligent violation of contractual obligations, which are not cardinal obligations, MMG shall not be liable.
13.4 Liability for damage falling under the field of protection of a contractual guarantee or warranty given by MMG as well as liability for claims under the Product Liability Act or arising from other statutory guarantee liability and also for damage resulting from injury to life, body or health, shall remain unaffected.
13.5 Where liability by MMG is excluded, the same shall also apply to companies associated with MMG and to any personal liability of salary-paid staff, wage-earners, employees, representatives, shareholders and servants or agents of MMG and/or companies associated with MMG.
14. Indemnification by the User
Should MMG, a company associated with MMG as well as the salary-paid staff, wage-earners, employees, representatives, shareholders and servants or agents of MMG and/or of companies associated with MMG be prosecuted by third parties or authorities in connection with your use of the offer contrary to the provisions of the present General Terms and Conditions of Business, in particular the guarantees in Sec. 7.1 and Sec. 7.2, and/or in connection with the contents posted by you, you shall indemnify MMG, companies associated with MMG as well as the salary-paid staff, wage-earners, employees, representatives, shareholders and servants or agents of MMG and/or of companies associated with MMG against any and all demands or claims on whatever legal grounds at the first request and hold them harmless. This shall in each case also include reasonable legal and court costs.
15. Trademarks and Other Proprietary Rights of the ISPO COMMUNITY
You acknowledge that any and all rights to the offer of MMG (including of the ISPO Open Innovation and other services of MMG) and services offered thereon and the relevant labelling including any trademark rights, patent rights, copyrights and licensing rights or other rights or comparable legal positions in the relationship with you are vested exclusively in MMG. You are therefore explicitly obliged not to use the same or to remove references to the proprietorship of MMG without the prior written consent of MMG. In particular, you may not use the brand name “ISPO Open Innovation”, copy, disseminate, sell, transfer or otherwise use, modify, make an adaptation of software or parts of the ISPO Open Innovation nor seek to obtain source codes. Unless otherwise provided, the above provisions shall, for the purpose of clarification, not apply to your own contents that you incorporate in our offer.
16. Applicable Law, Jurisdiction, Miscellaneous
16.1 The laws of the Federal Republic of Germany shall be applicable to the exclusion of UN purchase law.
16.2 The place of jurisdiction shall be Munich, Germany, if and to the extent permitted by law.
16.3 Should any individual provisions of these General Terms and Conditions of Business be or become invalid in part or in whole, the other provisions of the General Terms and Conditions of Business shall remain valid. If the user is not a consumer (Art. 13 BGB [German Civil Code]), the parties shall replace the invalid provision by such valid provision as comes closest to the commercial intent of the invalid provision. Similar shall apply in the case of any omissions in the provisions.
16.4 The present General Terms and Conditions of Business are drawn up exclusively in the German language and are not saved separately by MMG on conclusion of the contract. The current version is available online on ispo.com, Prior versions are no longer accessible.
Stand: August 2016