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General Terms and Conditions of JMarquardt Technologies GmbH for the use of services by GUEST SPEAKERS OR LISTENERS via the website Portal m-anage.com
These General Terms and Conditions shall apply to the services offered by JMarquardt Technologies GmbH (hereinafter referred to as “JMT“) to guest speakers or listeners (hereinafter referred to as "Participants" or "you") in connection with the use of the web-site Portal m-anage.com. Terms other than these General Terms and Conditions explicitly do not apply. This is also applicable in as far as the Participant refers to the validity of his own General Terms and Conditions in standardised forms in the framework of confir-mation letters and wishes to include them in this way. General Terms and Conditions possibly deviating from these shall not become part of the contract even if JMT does not explicitly object to them.
2. Subject matter of the contract
2.1 JMT operates an online Portal enabling organisers of congresses, fairs or comparable events (hereinafter referred to as “Organiser” and "Congress") to process your registra-tion as a Participant online, to apply for the publication of a lecture or to enlist other ser-vices according to the Organisers offer. For this purpose JMT makes available server capacities and the necessary software by means of the so-called executive conference interface "m-anage " (hereinafter referred to as "Portal").
2.2 JMT acts as an intermediary in the name and on behalf of the Organiser for the services provided by the Organiser via the Portal. A contract on the offered services is only con-cluded between the Participant and the Organiser. The Organiser may possibly have his own General Terms and Conditions which govern his services in addition to JMT’s own terms. In this case please make sure you have read the Organiser’s General Terms and Conditions. The Participant may find name, address and further contact data of the Or-ganiser on the homepage provided by the Organiser and leading to the Portal.
3.2 The Organizer shall inform you about all other data needed during the registration pro-cess. According to the offer you may apply as a lecturer by submitting your lecture or an abstract or offer lectures, poster or e-poster for publication during the congress and/or within digital print- or online media. In this case the following conditions apply.
4. Submitting abstracts
4.1 If the Organiser offers you the possibility, you may upload to the Portal an abstract of the lecture or the complete lecture you wish to give at the Congress or that you wish to publish in digital print- or online media. The same applies for e-posters or similar publications (hereinafter together referred to as "Abstracts"). By uploading the data you agree that the Abstract is passed on from JMT to the Organiser resp. the examination commission assigned by him. If the Abstract is endorsed, the Organiser may invite you to the Congress as a lecturer; however, he is not obliged to do so.
4.2 By uploading your Abstract to the Portal you agree to your Abstract being published, duplicated, distributed and made publicly accessible royalty free on the Organiser’s websites as well as on JMT or other third party sites, in all print and online media or other data services, especially in the congress catalogue, in data carriers for Abstracts (e.g. DVD, CD-ROM, USB) and on any online-portals operated by the Organizer or third parties and any publications ensuing in connection with the Congress, wholly or partially and unrestricted in terms of time and location. This applies notwithstanding if you take part in the Congress.
4.3 You guarantee JMT, the Organiser and other third parties authorised to use your abstract that you are entitled to the described granting of rights and no third party rights oppose this (e.g. due to contractual relationships with third parties or due to unclarified personal rights) and furthermore that no statutory provisions are breached due to the contractual use of the abstract. You will exempt JMT, the Organiser or other authorised third parties from any claims by third parties who wish to assert these due to a possible legal breach.
5. Participation as a listener
5.2 The processing of payments is done through a so-called PayGate that may be operated by a third party. For this purpose JMT will direct you to the relevant PayGate Portal.
5.3 A contract on the accreditation only comes into being after the payment of the partial fee and explicit acceptance by the Organiser has taken place. In this case you will receive an accreditation confirmation from the Organiser or from JMT on behalf of and by order of the Organiser.5.4 Should a Congress be cancelled or postponed the legal requirements and regulations of the Organiser shall apply concerning any return of tickets or other reversals of transac-tions.
6. Participation as a guest speakerIf the Organiser has invited you as a guest speaker and if you submit your Abstract within this context to the Portal the regulations for the transfer of rights and rights guarantees apply according to clauses 4.2 and 4.3.
7. Liability of JMT
7.1 JMT points out that it is not possible according to the current state of the art to create error-free software that performs with all kind of applications or is protected against ma-nipulation by third parties. This also applies to the failure of hardware and software.
7.2 JMT is liable for all damages it has caused culpably or in a grossly negligent way pursu-ant to statutory conditions.
7.3 JMT is also liable for damages for which it is responsible from the injury to life, body or health. A possible liability according to the Produkthaftungsgesetz (German Product Lia-bility Act) as well as in the scope of § 44 a TKG (German Telecommunications Act) re-mains unaffected.
7.4 JMT is only liable for all remaining damages in the case of a breach of an essential con-tractual obligation, i.e. an obligation that enables the realisation of the contract according to the rules in the first place and in which adherence you may regularly trusts. The liability, however, is in any case restricted to the loss with which JMT would have to typically reckon under the circumstances known at the time of the conclusion of the contract.
7.5 In the case of a delay or impossibility for which JMT is responsible and which does not represent any essential contractual breach, a liability on the part of JMT is excluded if it is merely guilty of slight negligence or the delay or impossibility is based on force majeure or other events outside of its sphere of influence. Moreover, the liability is restricted to the typical, foreseeable damage.
7.6 A more extensive liability on the part of JMT is excluded without consideration of the legal nature of the claim lodged. This especially applies to tort liability claims or claims for compensation of futile efforts instead of performance and the liability for any indirect or consequential damages, such as, for example, lost profit.
7.7 Insofar as pursuant to this contract tenancy law is applicable, a liability regardless of causality is excluded for initial faults of a rented object.
7.8 Damage claims by you become statute-barred after one year. The limitation starts with the origin of the damage claim and your knowledge or grossly negligent lack of knowledge of the claim reasons and infringer; regardless of this, the claim for compensation becomes statute-barred three years after the infringement.
7.9 In so far as the liability of JMT is excluded or limited, this also applies to the liability of its employees, representatives and vicarious agents or other third parties JMT commissions to fulfil this contract.
7.10 JMT retains the right to prevent contents you made available on the Portal and which appear questionable to JMT from being spread on the Portal as soon as it acquired knowledge of this. JMT will immediately inform you of this. The same applies if JMT is requested by third parties to change or delete contents made publicly accessible online because they apparently breach third party rights. In case you can provide evidence that a breach of third party rights is not on hand, JMT will, upon your request, make the con-tents in question accessible again.
8. Right of WithdrawalAny right of withdrawal for services of the Organizer is only possible with regard to the Organizer (see clause 2.2).
9.1 Should individual terms in these General Terms and Conditions be ineffective, the effec-tiveness of the remaining terms shall remain unaffected. Instead, their place should be taken by a provision coming closest to the commercial purpose as intended initially by the parties.
9.2 The law of the Federal Republic of Germany is valid with the exception of the UN convention on the sale of goods (CISG). The court of jurisdiction for all disputes arising from the contractual relationship is Munich, Germany as far as you are merchant, a corporate body under public law, special assets of the German Federal Government or you do not have your usual domicile in Germany. JMT can also proceed against you at your legal place of establishment.