(January 2007) |
Preamble |
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The completely self-contained Real-Time Internet Conferencing Methodology OpenSpace-Online® is based on the basic assumption that the best solutions can be found in one's "own system". OpenSpace-Online® was developed to encourage respectful, open and results-oriented collaboration that enables autonomous, fast and on-going work about important questions or issues, priorities and action steps across distances. This virtually-led do-it-yourself Internet method is setting new innovation standards for global collaboration of small and large groups and change in business, community, education, research, health-care and governmental settings by overcoming the limitations of time and space. Moreover the purpose of this method is to enable completely new participative collaboration processes to link multifaceted ways of face-to-face and on-line activities in a highly complementary manner. The conference system makes it possible to organize real time conferences for remotely located parties by a server-client-system. In order for such a conference to take place, the participants need to use the OpenSpace-Online Conference Software (hereinafter referred to as the "Conference Software"). For the participation in these conferences, the following terms of use shall apply. |
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| 1. | Subject Matter |
| 1.1 | Subject matter of this Agreement is the organization of an "OpenSpace-Online® Conference" supported by the OpenSpace-Online GmbH's technical infrastructure (application service providing). Unless otherwise expressly agreed by the Parties in this Agreement, the statutory provisions governing rent outs and leases shall apply to this Agreement. |
| 1.2 | OpenSpace-Online GmbH enables the participation of such an Online Conference only in accordance with the conditions as set forth hereinafter. OpenSpace-Online GmbH objects to the Organizer's general business terms and conditions as far as such terms and conditions are not commensurate with the provisions of this Agreement. |
| 2. | Technical Prerequisites / Access Software |
| 2.1 | The conference participant (hereinafter referred to as the "Conference Participant") shall at own costs create the technical prerequisites and facilities needed for a participation in the OpenSpace-Online Conferences (suitable hardware, Internet access, etc.). |
| 2.2 | OpenSpace-Online GmbH provides the Conference Participant with the Conference Software, which enables him to use the OpenSpace-Online Conference System. The Conference Participant may download this software from OpenSpace-Online GmbH's server. The Conference Participant shall be responsible for the installation of the Conference Software. The use of the OpenSpace-Online Conference System with a third party software not provided by OpenSpace-Online GmbH is not permitted. |
| 2.3 | The Conference Participant is entitled to use the Conference Software provided by OpenSpace-Online GmbH to the extent allowed by this license agreement. |
| 3. | Sign-Up |
Any anonymous participation in an OpenSpace-Online Conference is inconsistent with the fundamental philosophy of the OpenSpace-Online conference method and is, therefore, not possible. In order to be able to participate in an OpenSpace-Online Conference, the Conference Participant has to sign up at OpenSpace-Online GmbH. He shall be obliged to submit truthfully the data necessary for the sign-up. OpenSpace-Online GmbH complies with all applicable data protection regulations. Further explanations may be obtained in the Privacy Policy. |
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| 4. | Access Data |
| 4.1 | Following sign-up, the Conference Participant receives by e-mail a user-ID and a secret code (both hereinafter referred to as the "Conference Access Data"), enabling him the access to participation in an OpenSpace-Online Conference. The Conference Participant is obliged to keep these Conference Access Data confidential, in particular he shall be obliged to keep it in a safe place secure against the access of third parties. If the Conference Participant has lost the Conference Access Data or if he has the suspicion that his Conference Access Data are used by a third party, he shall notify OpenSpace-Online GmbH immediately. When desired OpenSpace-Online GmbH assigns and transmits to the Conference Participant a new user-ID. |
| 4.2 | In the event of a loss or a suspicion of an abusive use of the Conference Access Data, OpenSpace-Online GmbH is entitled to an immediate blocking of access. |
| 5. | Participant's Obligations |
| 5.1 | The Conference Participant shall comply with the basic principles, on which the OpenSpace-Online Conferences are based upon, and shall in particular use respectful and esteeming speech and refrain from posting harming, insulting, threatening, obscene, racial or hate speech or acting otherwise against true faith, democratic principles or statutory provisions, or to link to internet addresses where equivalent content is made available. |
| 5.2 | The Conference Participant additionally agrees the comply with OpenSpace-Online GmbH's Etiquette Policy. |
| 5.3 | The Conference Participant may not pass on e-mail addresses and other data of other conference participants to third parties for own commercial purposes. |
| 6. | Fees |
| 6.1 | For its services, OpenSpace-Online GmbH charges the participant the amount to be found in the current invitation and registration area. The email with the confirmation contains the current price and additionally important data of the event and is a significant component of this agreement. |
| 6.2 | The participant can only take advantage of the services of OpenSpace-Online GmbH after full payment of the charge in accordance with no. 6.1 |
| 6.3 | Refund of participation fees for an OpenSpace-Online® conference due to NON-participation which is not the fault of OpenSpace-Online GmbH is excluded. |
| 7. | Title in Conference Content |
| 7.1 | The content introduced into the conference or created by participants is usually subject to copyright protection. The title in such content shall vest jointly in the conference participants involved in the development. Any copying, distribution or making available of this protected content, or of individual sections or parts thereof, is permitted only with consent of all conference participants involved. Each registered conference participant, however, shall be allowed to copy the content introduced and created in the course of an OpenSpace-Online Conference for its personal use, in particular to print it out or to store it as files. |
| 7.2 | The Conference Participant allows OpenSpace-Online GmbH to copy, to make available and to modify the introduced content as far as this is necessary for a carrying out of the Conference. All content is subject to automatic deletion upon the end of a Conference. |
| 8. | Offence against these Terms of Use |
| 8.1 | OpenSpace-Online GmbH reserves the right to temporarily or permanently exclude those conference participants from further participation who violate or infringe upon these Terms of Use or who endanger by their behavior the technical security or the success of a Conference. There is no right to refund of the charge stated under 6. |
| 8.2 | OpenSpace-Online GmbH additionally reserves the right to cancel or to stop at any time single or all offered OpenSpace-Online Conferences due to a violation of these Terms of Use. |
| 9. | Availability |
As far as possible, access to OpenSpace-Online GmbH's server should not be disrupted during the course of a conference. However, the Conference Participant has knowledge, that, also in the framework of a duly organized business, servers can be down. Therefore, OpenSpace-Online GmbH cannot guarantee an error-free carrying-out of the conference. Liability for disturbances within the world wide web or other for causes located outside OpenSpace-Online GmbH's sphere of influence, shall be excluded. |
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| 10. | Warranty |
| 10.1 | The Parties are aware of the fact, that it is impossible, to develop software products completely free of any errors. OpenSpace-Online GmbH therefore only warrants that the Conference System complies with the features as stated in Annex A. Beyond this, the Organizer's warranty claims are governed by the statutory provisions governing rent outs and leases, unless otherwise provided in this Agreement. |
| 10.2 | In the event of errors, OpenSpace-Online GmbH shall be entitled to rectification of defects. If rectification attempts are not successful within a reasonable period of time, the Organizer is entitled to ask for a reduction of the fees. For errors the Organizer did have knowledge of at the time of the conclusion of this Agreement or that Organizer did not identify due to gross negligence, the statutory provisions governing the law of rent outs and leases shall apply. |
| 11. | Liability |
| 11.1 | Speech and statements created or distributed in the context of OpenSpace-Online Conferences reflect the personal opinion of the expressing conference participant only and are not those of OpenSpace-Online GmbH or its employees. |
| 11.2 | All claims for damages and reimbursement for errors in the Conference System and in the technical infrastructure, that already existed at the time of the conclusion of this Agreement, shall be excluded; such liability shall be solely governed by Section 10. |
| 11.3 | Beyond this, OpenSpace-Online GmbH shall only be liable in case of intentional or gross negligent conduct, and only for slight negligence in case of a violation of obligations, that are of essential importance for the performance of this Agreement, or in case of personal injury. Product liability law remains unaffected. |
| 11.4 | OpenSpace-Online GmbH shall not be liable for untypical or unforeseeable damages. |
| 11.5 | Prior to the installation of the Conference Software and prior to participation in an OpenSpace-Online Conference the Conference Participant shall back-up all data possibly affected. In the case of loss or damage of data or storage material, liability shall not include the expenses incurred for the restoration of data. Liability for loss of data shall be limited to the typical damages that would have been suffered in the event of regularly frequent and risk oriented performance of back-ups. |
| 12. | Choice of Law |
The parties agree that with respect to all claims arising out of this agreement German Law under specific exclusion of the German International Private Law shall apply. |
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| 13. | Place of Jurisdiction |
The parties hereby submit to the jurisdiction of, and waive any venue objections against, the Landgericht Berlin, Germany, in any litigation arising out of this Agreement. |
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| 14. | Miscellaneous |
| 14.1 | This Agreement contains all covenants and stipulations between the parties, unless it is expressly referred to supplementary material; subsidiary or collateral agreements do not exist. |
| 14.2 | All changes, supplements or termination notices concerning this Agreement must be made in writing in order to be valid. This also applies to the rescission of this contractual requirement of writing. |
| 14.3 | In the event, provisions of this Agreement should be held or become invalid, this shall not affect the remaining part of this Agreement. The invalid provision shall be replaced by the valid provision, that serves most closely the purpose of the invalid provision; this also applies in case of a loophole. |
| 14.4 | Neither party may transfer its rights and privileges to any third party without written consent of the other party. |
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