1. Object of use
1.1 The data storage capacity and IT functions provided by us online for event organisers may be used free of charge by visitors of trade fairs and events of the organiser (events) in accordance with these provisions. The service provider pursuant to sentence 1 is yoomani GmbH, Vordere Hassen 4, D-73760 Ostfildern (hereinafter “Provider”).
1.2 Visitors do not have any legal claim to the provision of the services described in subsection 1.1; the Provider’s rights and obligations exist exclusively in relation to the Organiser. Visitors are not owed a specific performance or function.
1.3 Pursuant to the terms of the Provider's relevant offer, event data may at any time be uploaded online by the respective Organiser on a Web-based database on domestic web servers belonging to the Provider and made accessible to a group of visitors pre-defined by the Organiser for information purposes and processing. When addressing a visitor for the first time, this occurs by e-mailing same a hyperlink; otherwise, this can optionally occur whenever a visitor uses a specific application developed by the Provider for mobile terminal devices and/or retrieves access-protected content via the Provider’s Internet portal.
1.4. For this purpose, the Provider shall provide the Visitor with restricted-access application software on its server at the agreed point of delivery (interface between the data network operated by the Provider and other networks) and grants the Visitor the simple, temporary right to use same. The application software shall remain on the Provider's server. The Provider is not responsible for establishing and maintaining the data connection between the Visitor's IT system and point of delivery operated by the Provider, nor for ensuring a specific level of availability.
2. Precondition and period of use
2.2 At the same time, the type and scope of content provided by the respective Organiser and the duration of availability for Visitors is the exclusive responsibility of the Organiser under the terms of contract agreed between the Provider and the Organiser.
3. Data processing, storage and transfer
3.1 When processing the Visitor’s personal data uploaded by the respective Organiser using the Provider's services, the Organiser shall bear sole responsibility for complying with the provisions of the data protection laws, in particular with regard to the legality of the data transfer in compliance with the provisions of § 28 BDSG (Data collection and storage for one's own commercial purposes) as well as with regard to the legality of the data processing (“Responsible office” within the meaning of § 3 Abs. 7 BDSG). Owing to this responsibility, the Visitor may at any time demand the correction, deletion, blocking and surrender of the data by the Provider, provided that statutory obligations do not dictate otherwise.
3.3 The Provider shall only collect, process or use data on the Visitor to the extent and for the duration required for the usage relationship and in accordance with the data protection statement.
5. Access rights
5.1 The Visitor shall receive a corresponding access authorisation comprising a user ID and password in order to access data and applications.
5.2 The user ID and password may be changed by the Customer, but may only be disclosed to the users authorised by it and must otherwise be kept secret.
6. Customer’s duty to cooperate
6.1 In order to use a special application developed by the Provider for mobile terminal devices, the Visitor must purchase same via “iTunes” or “Google Play” under the contractual provisions stipulated there.
6.2 The Visitor is responsible for establishing a data connection between the devices it intends to use and the point of data delivery (in the Internet) defined by the Provider. The Provider is entitled to redefine the point of data delivery at any time, if this is needed to enable the Organiser to utilise the services properly. The Visitor shall in this case establish a connection to the newly defined point of delivery.
6.3 Utilisation of the Provider's services shall be contingent upon the hardware and software, including mobile terminal devices, routers and means of data communication, etc. used by the Visitor satisfying the minimum technical requirements with regard to the use of the currently available software version in accordance with the Provider‘s offer, and upon the users authorised to use the application software knowing how to use it.
7.1 The Visitor authorises the Provider to duplicate, make publicly accessible and process the customer, company and employee data saved on the Organiser's behalf, provided that this is necessary in order to render the services for the Organiser. The Provider is in particular also authorised to hold the data in its computer centre. In order to provide the services in accordance with the Agreement and to eliminate and faults, the Provider is also authorised to modify the data structure or format at any time.
7.2 The Visitor is not authorised to permit third parties to use Provider's services. Third parties do not include persons using the services free of charge on behalf of the Visitor, such as the Visitor's employees, freelancers in the scope of the contractual relationship, etc.
9. Extent and limitation of liability
9.1 We exclude all liability for slightly negligent breaches of duty, provided that these do not involve damage resulting from loss of life, physical injury or impairment of health, guarantees or claims under the German Product Liability Act. The same shall apply for any breaches of duty on the party of vicarious agents and legal representatives.
11. Final provisions
11.2The law of the Federal Republic of Germany applies. If permitted by law, the sole place of jurisdiction shall be Stuttgart, Germany.