General terms of use for the use of m-anage.com by Users

1. Scope and subject matter of the terms of use
1.1 JMarquardt Technologies GmbH (hereinafter referred to as "JMT") operates with "m-anage.com" an online portal (hereinafter referred to as "m-anage.com") which enables the application and registration of the user as a member of a certain organisation (company, association, association or similar) and/or the booking of events (congresses, trade fairs or comparable events - hereinafter referred to as "congress"). In connection with participation in a congress, it is also possible, depending on the offer, to apply online for the publication of lectures or other contributions during a congress, or to make use of other services.
1.2 JMT provides server capacities and the necessary software with m-anage.com. The user can create an individual personal profile, call up content available on m-anage.com and use the other free services currently available on m-anage.com subject to availability.
1.3 The client commissions JMT to perform one or more of the following services on a project-specific basis:
(1) REGISTRATION
On "m-anage.com" you can apply and/or register for an event. The registration can be done individually or for a group.
(2) ABSTRACTS
As a speaker you can submit abstracts and users can review and download them.
(3) PRESENTATIONS
As a speaker you can upload and edit your presentations on "m-anage.com". After an automated technical check, all presentations are linked to the scheduled sessions in your current program.
(4) EVALUATION
On "m-anage.com" you can rate sessions or relevant content online. The organizer can create individual surveys for this purpose.
(5) RECEPTION
Registering on the "m-anage" website before the event enables you to quickly print out the name badge at the event.
(6) LION WALK
The app is linked to "m-anage.com" and allows you to easily record your presence and the associated accreditation at sessions by briefly scanning the barcodes of your name badge.
(7) CONFERENCE APP
An additional conference app offers a live program including abstracts, general useful information as well as the possibility to interact with other participants of the congress via network and live commentary functionalities.
(8) LEAD RETRIEVAL APP
The App Lion Leads, which is linked to "m-anage.com", makes it easier to leave contact details with exhibitors of interest at congresses to you. An electronic business card is transmitted by scanning the barcodes on the name badges.
1.4 These General Terms of Use (hereinafter referred to as "GTC") apply to the services offered by JMT in connection with the provision of m-anage.com to users. They regulate the provision of m-anage.com by JMT and the use of m-anage.com by a user, the granting of rights of use necessary for the use of m-anage.com and the provision of storage space for the data generated or required by a user through the use of m-anage.com.
1.5 Any general terms and conditions of the user expressly do not apply. This also applies if the user refers to the validity of his General Terms and Conditions in standardized forms or in letters of confirmation and wants to include them in this way. Any general terms and conditions deviating from these GTC shall not become part of the contract even if JMT does not expressly object to them.
1.6 JMT provides via the portal services of the respective organization or the respective organizer (hereinafter referred to as "organizer") in its name and on its behalf. A contract for the services offered is concluded exclusively between the user and the respective organizer. The organizer may be able to use other general terms and conditions, about which you may have to inform yourself.
1.7 The scope of functions and services of m-anage.com is known to the user and otherwise results from the following terms of use. m-anage.com allows users to store their personal data in m-anage.com and to transfer them to JMT and/or an organizer or have them transferred in order to maintain a user account in m-anage.com, for example to register as a visitor to a specialist congress. JMT and, if applicable, an organizer are given the opportunity to receive and process the data from users. Processing by an organizer takes place on a case-by-case basis, for example for a specialist congress, or permanently in the form of a database, for example as part of the membership administration of companies and participants. The main use case for data processing in m-anage.com is the registration for a congress.

2. Changes to these GTC
2.1 JMT is entitled to change or amend the content of these GTC and/or make changes to m-anage.com at any time with a reasonable period of notice. If the user does not object to the changed conditions within two weeks after receipt of the notification of change, at the latest however up to the time at which the changes are to come into force, they become effective according to the announcement.
2.2 If the User objects in due time, JMT is entitled to terminate the contract at the time when the amended conditions are to come into force. The user's objection must be made in text form.
2.3 JMT will make changes only for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. A reduction of the scope of services is not permitted if services that are subject to a charge are concerned for the user.

3. Registration
3.1 The use of the services available in m-anage.com requires the registration as user. There is no right of use. JMT is entitled to reject applications from users without giving reasons.
3.2 Registration as a user is only permitted for an adult person of unlimited legal capacity who wishes to use m-anage.com in the course of his/her business activities. In the case of a legal entity, the registration must be made by a natural person with unlimited legal capacity and power of representation.
3.3 Contact details and other information requested by JMT during the registration process must be complete and correct. When registering a legal person, the natural person authorized to represent the company must also be indicated.
3.4 After all requested data have been provided, JMT will check them for completeness and plausibility. If the information is correct from JMT's point of view and there are no other concerns, JMT will activate the requested access and notify the user by e-mail. The e-mail is considered as acceptance of the application for use. Upon receipt of the e-mail, the user is entitled to use m-anage.com within the scope of these GTC. To do this, the user must first confirm the activation by clicking on the link contained in the e-mail.
3.5 During the registration process, the User will be asked to provide a user name and password. With this data the user can log into m-anage.com after activation of the access and confirmation.
3.6 The information required by the Organizer for the further registration of a membership or the respective congress will be made known to the user in the input mask provided for this purpose. The necessary information is provided exclusively by the organizer, who is responsible for its correctness and regularity. JMT has no influence on this.
3.7 For the registration of the user as a member and/or congress participant the conditions stated during the registration process (technical requirements, dates, prices etc.) apply.
3.8 With the registration application the user submits a binding offer by clicking on the button "order for a fee" and then "complete booking". All entries are displayed to the user in a confirmation window before the binding booking and can be corrected there by the user using the usual keyboard and mouse functions. JMT mediates the registration and other requests to the respective organizer. The condition is that the user accepts these general terms and conditions and, if applicable, the general terms and conditions of the respective organizer and has taken note of the data protection information.
3.9 Payments are processed via a so-called pay gate, which can be operated by a third party service provider. JMT forwards the user to the corresponding Paygate portal. The possible payment methods are based exclusively on the organizer's specifications.
3.10 A contract for the registration of the user for a congress is only concluded after payment of the corresponding membership or participation fee and explicit acceptance by the respective organizer. Acceptance is effected by JMT's confirmation of registration, which may also be in the name and on behalf of the organizer.
3.11 If a membership application is not accepted, membership is terminated or a congress is cancelled or postponed, the return of a ticket or other cancellation of services is subject to the legal provisions and any regulations of the organizer.
3.12 If JMT mediates services of the respective organizer via m-anage.com in his name and on his behalf, a contract for the services offered is concluded exclusively between the user and the respective organizer. The organizer may use further general terms and conditions, about which the user must inform himself if necessary.

4. Submission of content/data by the user
4.1 If the respective organizer offers it to the user, the user can upload a personal photo or, as part of a congress application, an abstract of his presentation or the entire presentation that the user wishes to give at the congress and/or publish in digital, print or online media to the portal; the user can also have a QR or barcode code with the user's data created and pass it on to exhibitors by scanning his badge during the trade fair visit.
4.2 The same applies to e-posters or comparable publications (hereinafter jointly referred to as "contents"). By uploading data or using his badge, the user agrees that JMT may forward the content to the organizer, the respective third party or the responsible examination board commissioned by him. If the contents are approved, the organizer may invite the user to the congress as a speaker; however, he is not obliged to do so.
4.3 The user's data and the contents stored on the storage space intended for him may be protected under data protection law or by copyright or other protective rights.
(1) The user grants JMT the right that these data and the contents stored in m-anage.com may be – non-exclusively on the websites of the organizer as well as by JMT or other third parties, in all print and online media or other data services, especially in the catalogue of the congress, on abstract data carriers (for example DVD, CD- Rom, USB), in member directories as well as on any online portals operated by the organizer or third parties – published, duplicated, distributed and made publicly accessible free of charge in whole or in part and transferable to third parties without time and place restrictions.
(2) This expressly does not apply to presentation slides and ePosters that are uploaded exclusively for use during the presentation by the respective user. If the organizer so wishes, the user will be asked separately and explicitly for his consent to the publication of his presentation slides or his audio-visual presentation slides (webcasts).
4.4 The User warrants to JMT, the respective organizer and other authorized third parties that he is entitled to grant the rights described above and that no rights of third parties (e.g. due to contractual relationships with third parties or due to unclarified personal or usage rights) are in conflict and that no legal provisions are violated by the contractual use of the contents. The user indemnifies JMT, the respective organizer or other authorized third parties from any claims of third parties, which these should assert because of a possible infringement of rights.
4.5 JMT reserves the right to exclude content that the User has made available on the Portal and that appears questionable to JMT from distribution on the Portal as soon as JMT becomes aware of it. JMT will inform the user unverzüglich about this. The same applies if JMT is requested by a third party to change or delete content made publicly available online because it allegedly violates third-party rights.

5. Services of JMT
5.1 JMT provides m-anage.com and related services for the implementation and administration of online accreditations for use via the Internet using user name and password.
5.2 JMT makes m-anage.com available to the user 24 hours a day, seven days a week ("operating time"), but the user has no right of use.
5.3 JMT takes appropriate precautions against data loss and to prevent unauthorized access by third parties to the data stored in m-anage.com.
5.4 JMT is entitled at any time to change services provided free of charge in m-anage.com, to make new services available free of charge or against payment and to stop the provision of services free of charge. JMT will take into account the legitimate interests of the user. A claim, in particular a claim for damages of the user does not result from this.
5.5 Services available through m-anage.com may also include third-party services to which JMT merely provides access. For the use of such services - which are marked as services of third parties - deviating or additional regulations may apply, to which the respective third party will refer you.

6. Obligations of the user
6.1 The user informs himself in advance about the technical and actual requirements necessary for the contractual use of m-anage.com and is responsible for ensuring that he disposes of them.
6.2 The user is obliged to keep his data up-to-date. If during the period of use a change of the given data occurs, the user has to correct the information immediately in m-anage.com in his personal settings. Should this not be possible for the user, he shall immediately notify his changed data by e-mail or fax.
6.3 The user is obliged to use m-anage.com properly. Proper use means in particular
(a) the omission of any abusive use,
(b) the omission of any violation of legal regulations,
(c) the omission of any threat to the security arrangements of the system,
(d) the obligation to keep passwords secret or to change the password immediately if third parties are concerned.
6.4 The user is solely responsible for the content of the data provided by him in m-anage.com or generated by/with m-anage.com. He is liable for any use and/or other activity carried out via his access data in accordance with the statutory provisions.
6.5 The use of m-anage.com is reserved solely for the user. Use of the access by third parties is expressly prohibited. The access data including the password are to be kept secret by the user and are not to be made accessible to unauthorized third parties. If it is to be feared that unauthorized third parties have gained or will gain knowledge of the access data, the user must inform JMT immediately.
6.6 If the User violates one of the obligations of this Clause 5, JMT is entitled to terminate the contractual relationship without notice and to delete the User Account immediately.

7. Term of contract
7.1 The term of the contract begins with the provision of m-anage.com immediately by clicking on the button marked "Start using m-anage.com", provided that these terms of use have previously been accepted by placing an opt-in check mark.
7.2 The contract can be terminated by either party at any time without notice. The user can cancel at any time by unsubscribing from the use of m-anage.com.
7.3 JMT reserves the right to block the user name and password upon termination.
7.4 JMT is entitled to irretrievably delete all user data arising in connection with the use of m-anage.com 30 calendar days after the termination takes effect and after expiry of any statutory periods of reservation.
8. Industrial property rights
8.1 JMT grants the user a simple, non-sublicensable and non-transferable right of use to m-anage.com, limited to the term of this contract, in accordance with the following provisions. There will be no physical transfer of the m-anage.com software.
8.2 The user may only reproduce m-anage.com if the respective reproduction is necessary for the contractual use of m-anage.com. This includes loading m-anage.com into the working memory, but not even temporary installation or saving m-anage.com on data carriers of the hardware used by the user.
8.3 The user may not make any further copies, including the printing of the program code of m-anage.com. The user's right to reproduce the program code under the conditions of Section 69e (1) of the German Copyright Act remains unaffected.
8.4 Other content available on m-anage.com may be protected by data protection law or by copyright or other protective rights and are the property of JMT, the organizer, another user or other third parties who have made the respective content available. The compilation of the contents as such may be protected as a database or database work within the meaning of Sections 4 (2), 87a (1) of the German Copyright Act. Users may only use this content in accordance with these GTC and within the framework specified in m-anage.com.
8.5 The content available on m-anage.com is partly provided by JMT and partly by users or other third parties. Contents of users and other third parties are hereinafter collectively referred to as "third party contents". JMT does not check third party content for completeness, correctness and legality and therefore assumes no responsibility or guarantee for the completeness, correctness, legality and topicality of the third party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also as far as third-party content on linked external websites is concerned.

9. Data protection
9.1 JMT handles the user's personal data responsibly. The personal data resulting from registration with m-anage.com and from the use of the available services will therefore only be collected, stored or otherwise processed by JMT insofar as this is necessary for the contractual provision of services or permitted by legal regulations, or is ordered by law. JMT will process the user's personal data confidentially and in accordance with the provisions of applicable data protection law and JMT's data protection information and will not pass them on to third parties.
9.2 JMT points out that personal data of the user (in particular name, company, contact addresses, photo) can be publicly visible for all registered users and if necessary search functions and communication modules for the users among themselves are provided. The user can deactivate this function in his personal area.
9.3 Furthermore, JMT processes personal data of the user only if the user has expressly consented thereto. A given consent can be revoked at any time with effect for the future.

10. Warranty and liability
10.1 JMT is not liable for the operability of the data lines to the m-anage.com server, in the event of power failures, lightning or elementary damage, or for performance restrictions or performance failures that are due to force majeure or events that regularly make performance considerably more difficult or impossible. These include in particular strikes, lockouts, official orders, the failure of communication networks and gateways of other operators, disturbances in the area of the respective line provider as well as disturbances that lie in the risk area of other network providers.
10.2 In case of slight negligence JMT is only liable in case of breach of essential contractual obligations (cardinal obligations) as well as in case of personal injury and in accordance with the Product Liability Act. Essential contractual obligations are such obligations whose fulfilment is necessary to achieve the objective of the contract. In all other respects, JMT's pre-contractual, contractual and non-contractual liability is limited to intent and gross negligence, whereby the limitation of liability shall also apply in the event of the fault of a vicarious agent of JMT.
10.3 JMT is also liable for damages resulting from injury to life, body or health for which it is responsible. Any liability according to the Product Liability Act and within the scope of § 44 a TKG remains unaffected.

11. Concluding provisions
11.1 Should these GTC be or become incomplete or impracticable or ineffective in individual provisions, they shall otherwise remain effective.
11.2 The impracticable provision shall be replaced by a practicable provision, the effects of which come closest to the economic objective pursued by the contracting parties with the impracticable provision.
11.3 Insofar as provisions have not become part of the contract, are incomplete or ineffective, the content of the contract shall be governed by the statutory provisions.
11.4 The law of the Federal Republic of Germany shall apply exclusively to contracts concluded on the basis of these Terms of Use and to claims of any kind arising therefrom, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of German private international law.
11.5 The place of jurisdiction for legal disputes arising from this contract is the registered office of JMT.