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General Terms and Conditions for Use of Productpilot (as of 07/2011)
Messe Frankfurt Exhibition GmbH is the operator of Productpilot.com. These General Terms and Conditions (hereinafter called "Productpilot GTC") govern the contractual relationship between Messe Frankfurt Exhibition GmbH and the natural persons and legal bodies who use the services of Messe Frankfurt Exhibition GmbH (hereinafter called the "Users").
By registration, the User recognises the Productpilot GTC, which relate to use of the "productpilot.com" and "productpilot.de" and “productpilot.tv” websites and all sub-domains and sub-areas belonging to these domains (hereinafter called together the "Productpilot Websites"). In addition, the Productpilot privacy policy applies.
1. Object of agreement
1.1 The Productpilot Websites offer registered users a closed and free research and contact portal for brokering business contacts and for use of extended basic functions to search for products and companies. Use is at the responsibility of the User. Users have no legal claim against Messe Frankfurt Exhibition GmbH for support or mediation services.
1.2 The User has the right to use the services and content offered on the Productpilot Websites. All use in excess thereof is subject to the prior written consent of Messe Frankfurt Exhibition GmbH.
1.3 The data and/or information provided by the User will only be made available on the Productpilot Websites if this data and/or information does not contravene legal regulations or these Productpilot GTC. Messe Frankfurt Exhibition GmbH has the right to remove unlawful content from the Productpilot Websites without prior notice.
1.4 Messe Frankfurt Exhibition GmbH assumes no responsibility for the technical availability of the services offered. Any warranty or damages claims of any kind in the event of a technical failure or other operational problems are ruled out. In particular, servicing, safety or capacity requirements, together with events beyond the control of Messe Frankfurt Exhibition GmbH (such as disruptions to public communication networks, power failures, etc.), can lead to short-term disruptions or to temporary discontinuation of the services.
1.5 The User is offered a contact and communication platform with various applications. As far as content is concerned, Messe Frankfurt Exhibition GmbH does not participate in communication and is not responsible for communication taking place. If contracts are made through the Productpilot Websites, Messe Frankfurt Exhibition GmbH is not involved in these contracts and thus does not become a contracting partner. Solely the User is responsible for handling and performing the contracts made. Neither is Messe Frankfurt Exhibition GmbH liable for any breaches of obligations by the User under such contracts.
1.6 Messe Frankfurt Exhibition GmbH is free to change the services offered on the Productpilot Websites or to offer differing services. In addition, Messe Frankfurt Exhibition GmbH reserves the right to extend its services in the future by offering paid-for membership with additional functions, to close certain functions to Users holding free membership or to charge a general fee for membership. The User will be notified in detail of such action in good time. An associated amendment of the Productpilot GTC is possible as specified in Section 9.2.
2. Terms of registration
2.1 The User must register before using the services of the Productpilot Websites. Registration is only permitted to legal bodies or natural persons having full contractual capacity and using the Productpilot Websites exclusively in performance of their commercial or freelance occupation. By registering, the User gives assurance that all the data he gives is correct and complete. The User must not use pseudonyms or pen names. If the data entered changes after registration, the User himself has an obligation to amend it immediately.
2.2 The contract between Messe Frankfurt Exhibition GmbH and the User is made when registration is confirmed by Messe Frankfurt Exhibition GmbH.
2.3 The profile data entered by the User for registration will also be visible to other Users. If the User does not want such data to be visible, he can utilise an appropriate setting to prevent the communication of his profile data.
2.4 The User gives assurance that he will only send photos of himself to the Productpilot Websites that are up-to-date and show him in a clear and recognisable form. The User assumes responsibility as defined in press and copyright law for the public reproduction of the photos he sends. The sending of photos or illustrations showing something other than the User and the sending of corporate logos are not permitted.
2.5 When the User registers, he will be assigned a password, which he must keep secret and not disclose to third parties. Messe Frankfurt Exhibition GmbH will not ask the User for his password at any time. Password changes are made independently by the User through an automatic query about a new password (separate button on the Productpilot website). No liability can be assumed for any damages incurred by negligent disclosure of a password or selection of a password that is too obvious.
2.6 Each User may only register once and only enter one User profile
2.7 A User account is not assignable.
2.8 Messe Frankfurt Exhibition GmbH gives no warranty for the actual identity and true description of a User. Each User must himself check the identity of other Users.
3. User obligations
3.1 When using the content and services on the Productpilot Websites, the User must observe applicable laws and respect all third-party rights. In particular, the User is prohibited from doing the following:
- using insulting or libellous content, irrespective of whether it relates to other Users or to other persons or enterprises;
- using pornographic content or content that violates youth protection laws or advertising for, offering or selling pornographic products or products that - violate youth protection laws;
- using content that is legally protected (e.g. by copyright law, trademark law, patent or design patent or utility patent law) without being entitled to do so or advertising for, offering or selling legally protected goods or services and
- taking or promoting anti-competitive action, including advertising on the basis of so-called geometric progression (such as pyramid selling or chain schemes).
3.2 In addition, when using the communication facilities within Productpilot, the User is not permitted to do the following:
- to harass other Users in an unacceptable way as defined in Section 7 of the German Act against Unfair Competition (UWG);
- to send chain letters (SPAM);
- to perform, advertise for or promote structural marketing measures (such as multi-level marketing or multi-level network marketing);
- to communicate in a salacious manner or with sexual emphasis (explicit or implicit).
3.3 The User is prohibited from taking the following action:
- employing mechanisms, software or scripts in connection with use of the Productpilot Websites,
- copying by means of "robot/crawler" search engine technology,
- dissemination and public reproduction of content of Productpilot Websites or of other Users,
- any action which may impair the functioning of Productpilot infrastructure, in particular by overloading it.
3.4 The layout of the Productpilot Websites and the Productpilot GTC may only be duplicated and/or used on other websites subject to the prior written consent of Messe Frankfurt Exhibition GmbH.
4. Sanctions, blockage of access and termination
4.1 At its own discretion, Messe Frankfurt Exhibition GmbH can take suitable action if there are concrete indications that a User is violating legal regulations, rights of third parties or the Productpilot GTC or if Messe Frankfurt Exhibition GmbH has some other justified interest, in particular protection of other Users from fraudulent activities.
4.2 Without prior warning, Messe Frankfurt Exhibition GmbH can delete content entered by the User, issue a caution or deny access to the services of the Productpilot Websites if the following requirements are met:
- non-compliance with legal regulations by the User;
- incorrect contact data, in particular an incorrect or invalid email address;
- violation by the User of his contractual obligations under the Productpilot GTC, in particular violation of the terms specified under Section 3;
- advertising for associations or communities which are being observed by security agencies or agencies for youth protection;
- if the User is involved in criminal prosecution due to his business conduct and causes damage to one or more other Users.
4.3 The user contract will be valid for an indefinite period. Messe Frankfurt Exhibition GmbH can terminate this contract at any time to take effect at the end of a month, provided that fourteen days’ notice is given. The right to deny access is not prejudiced thereby.
4.4 Messe Frankfurt Exhibition GmbH can also terminate the contract without notice at any time for good cause, especially if continuation of the contract cannot reasonably be expected of Messe Frankfurt Exhibition GmbH.
4.5 The User can terminate the user contract at any time with immediate effect, using the termination button on the Productpilot website.
5. Responsibility and limitation of liability
5.1 Messe Frankfurt Exhibition GmbH assumes no responsibility for the content, data and information provided by the Users or for content on linked external websites and excludes all liability in this connection. In particular, Messe Frankfurt Exhibition GmbH gives no warranty that such content is correct, fulfils a certain purpose or can serve such a purpose.
5.2 Messe Frankfurt Exhibition GmbH will only be liable for damages if and to the extent that Messe Frankfurt Exhibition GmbH, its legal representatives or executives are guilty of intent or gross negligence. Messe Frankfurt Exhibition GmbH is only liable for other vicarious agents in the event of intent and to the extent that they breach major contractual obligations through gross negligence. Messe Frankfurt Exhibition GmbH is also liable for damages resulting from ordinary negligence if such negligence relates to a breach of contractual obligations of which observance is of particular importance for achieving the contractual purpose (material contractual obligations). In this case, damages claims are restricted to the amount of damage which was foreseeable and typical of the contract at the time when it was made. In this context, Messe Frankfurt Exhibition GmbH is not liable for compensation for indirect/consequential damages, in particular loss of profits.
6. Holding harmless
The User shall hold Messe Frankfurt Exhibition GmbH harmless in relation to all claims which other Users or other third parties may make against Messe Frankfurt Exhibition GmbH for reason of violation of their rights or legal infringements by the content entered on the Productpilot Websites by the User or for reason of said User's other use of the Productpilot Websites. In such cases, the User shall also pay the costs of the necessary legal defence of Messe Frankfurt Exhibition GmbH, including all court costs and lawyers' costs. Further comprehensive rights and damages claims of Messe Frankfurt Exhibition GmbH are not prejudiced hereby. The above obligations of the User do not apply if the User is not responsible for the legal infringement concerned.
7. Terms under Data Protection Law
7.1 The User agrees to the storage, processing or forwarding of personal data by Messe Frankfurt Exhibition GmbH in compliance with the German Data Protection Act - including use of automatic data processing -, this being to the extent that such action is performed for business purposes only within the scope of Productpilot.
7.2 The User agrees to use by Messe Frankfurt Exhibition GmbH of personal data for its own marketing measures within the scope of Productpilot, such as sending emails with general information or of an advertising character (newsletters). The User can revoke this agreement at any time.
7.3 The details of processing of User data are specified in the Productpilot Privacy Policy
8. Take-over of contract by third parties
Subject to a four-week period of notice, Messe Frankfurt Exhibition GmbH has the right to assign its rights and obligations under this contract to a third party, either in whole or in part. In such a case, the User has the right to terminate the user contract with immediate effect via the termination button on the Productpilot website. Said User must enter his User name and his email address here.
9. Final terms
9.1 Any amendments or additions to the Productpilot GTC must be made in writing. This also applies to cancellation of this written-form requirement. No ancillary agreements have been made.
9.2 Messe Frankfurt Exhibition GmbH reserves the right to amend the Productpilot GTC at any time and without giving reasons. The amended terms will be sent to Users by email no later than two weeks before they take effect. If the User does not object to application of the new Productpilot GTC within two (2) weeks of receiving the email, the amended Productpilot GTC will be considered accepted. In the amendment notification, Messe Frankfurt Exhibition GmbH will inform the User of his right of objection and the significance of the time limit for objection.
9.3 If any provisions in these Productpilot GTC are or become ineffective, the effectiveness of the other provisions will not be affected thereby. The ineffective provision will be deemed replaced by one that is legally effective and approaches as closely as possible the economic purpose and meaning of the ineffective provision. The same applies to any omissions in the GTC.
9.4 The place of fulfilment is the seat of business of Messe Frankfurt Exhibition GmbH.
9.5 The legal venue is the seat of business of Messe Frankfurt Exhibition GmbH as far as legally possible.
9.6 German law shall apply, with exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law. The German version shall prevail in relation to interpretation of the General Terms and Conditions.
