Terms of Use of hubs101
1.1 “hubs101” (“App”) is a mobile application offered free of charge to the user by hubs101 GmbH, Reichenberger Str. 124, 10999 Berlin / Germany, registered in the Commercial Register of the Charlottenburg Local Court via an App Store (“Platform”) or as a web app. The contractual partner for the use of the app as well as the use of its content is the respective organiser, not the platform operator.
1.2 The app provides the user with relevant and useful information for participation in events (e.g. conferences, congresses, trade fairs). This information concerns, for example, the schedule, agenda, speakers and location of the event as well as the respective contact persons for the event.
In addition, the app has various tools (e.g. a chat function) that enable interaction between the users of the app.
The app applies to participation in both public and non-public events subject to the following provisions.
(a) Public events
Public events are freely accessible and can be accessed and viewed by any user in an event overview, the so-called multi-event view. It is not necessary for the user to register with a user account.
(b) Non-public events
Non-public events are not freely accessible. They can only be accessed and viewed by those users who have newly created a user account for the event and have logged into the app with this user account.
To open the user account, the user must provide a valid e-mail address and a password. The user must therefore have access to the associated email account. As soon as the user logs into the app for the first time with the user account created by him or her, he or she is automatically prompted to set a new password. The user must choose a password that cannot be easily guessed by third parties, which is why it must contain at least one number and one special character.
Once the user has set a new password, he/she is activated for the event and can access and view it via the multi-event view of the app.
Upon termination of the event, the user account will be automatically deleted within a maximum period of 24 months.
1.3 The app can be used for guest access without opening a user account. The app can only be used with the login / user name if the user has created a user account for the event in question. The app is offered to the user for download free of charge.
2. Changes to the terms of use and the scope of services of the app
2.1 hubs101 reserves the right to change the terms of use in a manner that is reasonable for the user and only with effect for the future. The user will be expressly notified of any changes to the terms of use via the app and asked to agree to any changes to the terms of use. The user must observe the respective current version of the terms of use.
2.2 Furthermore, hubs101 reserves the right, at its own discretion, to expand or shorten the scope of services of the app or to change functionalities at any time. This is because the rapid development of the Internet in particular makes it necessary for hubs101 to make adjustments to the App in terms of technology and content from time to time.
2.3 Since the app is a free service for all users and all users must be treated equally, further use of the app by the user is not permitted in the event of an objection to the amended terms of use or the amended app.
3. Rights of use, use of data
3.1 The user is granted the free, non-exclusive, non-transferable and non-sublicensable right to use the app in accordance with these terms of use.
3.2 hubs101 protects the user’s personal data and uses it only insofar as this is legally permissible or the user has consented to its use; the user can find more detailed information on this in the privacy policy, which is available via the app and the website. The user grants hubs101 the non-exclusive, transferable and sub-licensable right of use to other data, in particular technical data, which either has no personal reference or whose personal reference has been removed (anonymised data).
4. Unauthorised use; terms of use of third parties
4.1 When using the app, copyrights, name rights, trademark rights and other rights of hubs101 and third parties (in particular personal rights) must be observed. Also protected are the contributions, contact data and photos of contact persons and media contacts made available via the app. The retrievability of the information contained in the app does not grant a licence or any other right of use. Users are prohibited from using the app in breach of these terms of use or legal provisions. The user must refrain from any improper use of the app; in particular, the user may not integrate the app or any part thereof into other web offers, neither private nor commercial, or use the app commercially.
4.2 This app also offers functionalities from third-party providers, to which the terms of use of the providers listed below apply in particular, which the user can find at the following providers’ Internet addresses:
(a) https://www.youtube.com/ (social video platform provided by YouTube)
(b) http://twitter.com (social messaging service provided by Twitter)
(c) https://www.linkedin.com/ (social & community platform by Microsoft)
(d) https://www.xing.com (social & community platform by NewWork AG)
(e) https://www.facebook.com/ (social & community platform by Facebook)
hubs101 does not adopt the content made accessible by the respective provider via the aforementioned Internet addresses as its own and is therefore not responsible for it.
5. Scope of services
hubs101 will ensure the smooth operation of the app. However, hubs101 cannot guarantee that the app will function without technical errors at all times or that the communication network required to transmit the data will be available.
6. Responsibility of hubs101, Liability
6.1 If advice or a recommendation is given by hubs101 in the app, hubs101 is not obliged to compensate for the damage resulting from following the advice or recommendation, irrespective of the responsibility resulting from a contractual relationship, a tortious act or any other statutory provision.
6.2 In all other respects, hubs101 shall be liable in accordance with the following provisions:
(a) If hubs101 is liable under the statutory provisions for damage caused by slight negligence, hubs101’s liability shall be limited. In this case, liability shall only exist in the event of a breach of material contractual obligations. Moreover, this liability is limited to the typical damage foreseeable at the time the contract was concluded.
(b) The personal liability of hubs101’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. For damages caused by them through gross negligence, with the exception of legal representatives and executives, the limitation of liability provided for hubs101 in this clause shall apply accordingly.
(c) The limitations of liability in this clause do not apply in the event of injury to life, limb or health. Irrespective of any fault on the part of hubs101, any liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
7. Warranty
7.1 hubs101 makes every effort to ensure that the content of the app is up-to-date and correct. However, no guarantee can be given for the completeness, correctness, up-to-dateness and constant availability of the app.
7.2 Since the app is made available to the user free of charge, liability for defects with regard to the app is excluded except in the case of intent or fraudulent concealment of a defect.
8. Place of jurisdiction, applicable law
8.1 The exclusive place of jurisdiction for all claims arising from and in connection with the app is Berlin, Germany, if the user is a merchant.
8.2 If the user is a consumer, hubs101 may only sue the user at the court responsible for the user’s place of residence or habitual abode; the user, on the other hand, may sue hubs101 at any legally permitted place of jurisdiction in addition to the court responsible for the user’s place of residence or habitual abode.
8.3 All disputes arising from or in connection with the app and these terms of use shall be governed exclusively by the laws of the Federal Republic of Germany; application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the user is a consumer, the law of the country in which the consumer is domiciled or habitually resident at the time of conclusion of the contract shall apply in derogation thereof.
9. Severability clause
Should any of the above terms of use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions which come as close as possible to the economic purpose of the contract, taking due account of the interests of both parties.
10. Dispute resolution
hubs101 is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
