Terms and Conditions for the Use of the Volume Graphics3D OnlinePlatform
and the Digital Participation in Volume Graphics Virtual Events
These Terms and Conditions for the Use of the Volume Graphics 3D Online Platform and the Digital Participation in Volume Graphics Virtual Events ("GTC") of Volume Graphics GmbH, Speyerer Str. 4–6, 69115 Heidelberg, Germany ("Volume Graphics") apply to the use of the online platform by visitors, speakers, exhibitors, sponsors and their delegated employees (individually referred to as "Participant" and collectively as "Participants") in general as well as their participation in virtual events of Volume Graphics (individually referred to as "Event" and collectively as "Events") in particular.
By registering on the online platform and/or for an event, the participant agrees to these GTC. Counter-confirmations by the Participant referring to its own general or purchase terms and conditions are hereby expressly rejected. Deviations from these GTC are only effective if they have been confirmed in writing by Volume Graphics. The GTC shall also apply if Volume Graphics unreservedly and knowingly provides services despite any deviating or conflicting conditions of the participant.
2. Registration on the Online Platform
2.1 For the provision and operation of the 3D online platform, Volume Graphics utilizes the services of rooom AG, Löbstedter Straße 47a, 07749 Jena, Germany ("Service Provider"). The Participant accepts these services as services rendered by Volume Graphics.
2.2 In order to participate in events and use the online platform, each participant must register on the online platform and set up a personal user account. The creation of a user account for several users—so-called shared user account—is not permitted.
2.3 By registering, the Participant confirms that it is at least 18 years of age and agrees to comply with all applicable legal requirements and to follow the Volume Graphics User Guidelines.
2.4 The Participant must provide truthful information when registering on the online platform as well as for individual events. In particular, the Participant must use its complete and legal name and its own valid e-mail address.
2.5 The Participant must choose a secure password and change it regularly. The access data to the online platform must be treated confidentially and stored carefully. The Participant may not disclose the access data to third parties and must take appropriate measures to prevent unauthorized use of the user account by third parties.
2.6 The Participant is solely responsible for the activities that occur under its user account unless the Participant has shut down the user account prior to such activities or has notified Volume Graphics of any potential misuse of the access data.
2.7 The user account can be closed at any time. An e-mail to firstname.lastname@example.org stating the user name and the e-mail address provided during registration suffices.
3. Scope of Services
3.1 Volume Graphics occasionally hosts events via the online platform. Participation in the events may require prior registration or the purchase of a conference pass for a fee, depending on each case and type of event.
3.2 The Participant has no right to Events being conducted either generally or in a particular format. The planning and conception of the Events are at the sole discretion of Volume Graphics.
3.3 As part of the Events, the Participant may use event-related services. Depending on the event and availability, these may include: 1-to-1 video calls, chats, networking, business matchmaking, lectures, product presentations, and other similar services.
These event-related functions are not available outside of Events. During this time, the online platform primarily serves as a showroom for Volume Graphics products and services.
3.4 Any statements made by Volume Graphics in relation to an Event or the services of the online platform in advertising materials, on websites, and in the documentation merely constitute a description of the services and do not represent a guarantee or an assurance of any characteristic features.
In addition, Volume Graphics provides no assurance or guarantee regarding any revenue or profit expectations and/or business opportunities related directly or indirectly to Participant's participation in Events or use of event-related services.
3.5 Volume Graphics is entitled to change, restrict, or discontinue services of the online platform at its own discretion (any changes are individually referred to as "Adjustment" and collectively as "Adjustments"). With respect to events offered free of charge and the operation of the online platform as such, this shall apply at any time. If the Participant has purchased a conference pass for a fee, this shall only apply to the services covered by the conference pass only to the extent that is reasonably acceptable for the Participant. Adjustments to event-related services are considered reasonably acceptable for the Participant in particular in the following cases: (a) if an event-related function is replaced by a function that is essentially equivalent, (b) if no essential functions are affected, or (c) if the adjustment of essential functions is not essential in itself. In such a case, the Participant is not entitled to a reduction of the fee for the conference pass.
3.6 To the extent that lectures or workshops of third parties (collectively "Third-Party Programs") are offered within the scope of an Event or exhibitors are given the opportunity to present and advertise their products and services ("Third-Party Products"), Volume Graphics shall only be liable for a proper selection of speakers and exhibitors (individually referred to as "Actor" and collectively as "Actors").
For the content of the Third-Party Programs, their presentation and execution, the statements and claims of the Actors, and the presentation and advertising of Third-Party Products, the respective Actor is responsible—not Volume Graphics.
3.7 The Participant is not guaranteed the participation of a particular Actor, even after a respective announcement. Volume Graphics reserves the right to replace individual Actors with equivalent Actors at any time or to remove them from the program entirely, provided that the content and character of the respective Event is not significantly changed as a result.
3.8 Volume Graphics provides no assurance or guarantee that the Event and/or event-related services will be uninterrupted or error-free. However, Volume Graphics will take reasonable efforts to achieve continuous availability of the Event as well as the services during the event periods. The measuring point for determining the availability of an Event and the use of the services is the interface between the event platform and the internet.
3.9 Volume Graphics cannot be held liable in the following situations, unless there is proof of at least gross negligence or willful misconduct:
- Downtimes caused by internet malfunctions or other circumstances for which the organizer is not responsible, in particular an epidemic or pandemic (such as COVID-19) or a force majeure event;
- Downtimes caused by mandatory unscheduled maintenance required to correct disruptions; where possible, Participants will be notified of disruptions through a notice on the event website; and
- Downtimes caused by deficiencies in the technical infrastructure of the Participant, such as malfunctions of the Participant's hardware.
4. Events with Restricted Admission
4.1 Some events are subject to restricted admission and therefore require binding registration and—as applicable—the purchase of a conference pass. Details in this respect can be found in the respective offers on the event website.
4.2 Registration for admission-restricted Events is completed online on a web form. Registration is binding for the Participant and cannot be subject to conditions or reservations.
Admission of the Participant to the Event is granted by express confirmation of participation by Volume Graphics via e-mail to the e-mail address specified in the web form. In the case of paid Events, admission may also be granted by issuing an invoice.
Admission to an Event is not guaranteed. If more registrations are received by Volume Graphics before the end of the registration period than spaces are available, the allocation of spaces will be based on the chronological order in which the registrations were received.
4.3 For participation in the admission-restricted Event, the Participant will receive an access code by e-mail after admission. The access code is required when logging in to the platform for access to the Event. The access code is only valid for the specified event period.
4.4 For paid Events, the following payment conditons apply additionally:
- Prices are net prices and subject to statutory value-added tax, where applicable. Bank charges for payment in foreign currency shall be borne by the Participant and shall be paid additionally.
- Payments are due upon invoicing and are to be paid immediately and without deduction. The Participant agrees to receive invoices in electronic form.
- Unless otherwise specified, payments shall be made by bank transfer to the bank account of Volume Graphics as indicated on the invoice.
Participants are only entitled to attend paid Events after the invoice is paid in full.
4.5 Spaces are issued personalized. Spaces may not be assigned to third parties without prior consent of Volume Graphics. The consent must be given at least in writing (text form); the Participant is not entitled to the issuance of consent.
4.6 In the event of a violation of the aforementioned clause 4.5, Volume Graphics is entitled to suspend the respective space (including conference pass if applicable) and refuse the user participation in the event without compensation. Furthermore, Volume Graphics is entitled to delete the user accounts of the responsible persons and to refuse the sale of conference passes for Events to these persons as well as their admission to admission-restricted Events in the future.
5. Cancellation of Participation in Admission-Restricted Events
5.1 The Participant may cancel its registration for admission-restricted events at any time. Upon receipt of the cancellation notice, Volume Graphics is entitled to allocate the cancelled spaces elsewhere.
5.2 Where the Participant has purchased a conference pass for an event for a fee and cancels its registration after being granted admission to the Event, the Participant is liable to pay a cancellation fee unless it is entitled to a statutory right of withdrawal or termination. The amount of the cancellation fee is as follows:
- If the Participant cancels six (6) weeks before the start of the Event - free
- If the Participant cancels more than two (2) weeks before the start of the Event - 50% of the fee of the conference pass
- If the Participant cancels within two (2) weeks before the start of the Event - 100% of the fee of the conference pass
The Participant reserves the right to prove that Volume Graphics has saved further expenses and has obtained advantages not taken into account in the reduction due to the cancellation. Accordingly, Volume Graphics reserves the right to assert claims for further damages.
5.3 If the Participant does not attend an event after being admitted, it remains obligated to pay the full fee of the conference pass.
6. Revoking Admission to Admission-Restricted Events
Volume Graphics reserves the right to revoke the Participant's admission to an admission-restricted Event in whole or in part if, in the event of non-payment of the fee for the conference pass after the due date, the Participant allows a grace period set by Volume Graphics to expire fruitlessy.
If Volume Graphics revokes admission, Volume Graphics may allocate the spaces that have become available to third parties. Volume Graphics reserves the right to assert claims for damages.
7. Special Obligations of the Participant
7.1 The use of the online platform and the event-related services requires that the technical equipment used by the Participant, which is necessary for access to Events and the use of the online platform, meets the minimum technical requirements. The Participant is solely responsible for providing and maintaining the technical equipment required for the use of the online platform and the event-related services, in particular the necessary hardware, an operating system, a solid internet connection, and up-to-date browser software.
The current version of the minimum technical requirements can be viewed online on the registration and login pages and after logging in to the online platform.
7.2 The Participant can create its own virtual business card under its user account and voluntarily provide more information about itself ("User Profile"). When creating the User Profile, the Participant must provide truthful information, in particular use its legal name. The use of false or misleading information constitutes a violation of the GTC and grants Volume Graphics the right to exclude the Participant from participation in Events and to delete the user account.
7.3 The Participant must inform Volume Graphics immediately upon discovery of any misuse of its access data. The same applies in the event of suspicious activities on the user account that suggest that a third party has gained access.
7.4 The Participant must respect the rights of others and comply with any applicable laws.
Participants are therefore not permitted to take actions or disseminate content in connection with the use of the online platform that violate the rights of others (e.g., copyrights, trade secrets, patent rights, trademark rights, utility model rights, design patent rights, personal rights, and data protection rights) or that violate statutory provisions (e.g., criminal laws, provisions for the protection of minors, data protection provisions, and competition law).
Participants are in particular not permitted to
- publish information obtained during the use of the online platform without prior consent (e.g., contact details or private messages from other Participants or materials from Volume Graphics or from Actors of the Events);
- use the contact details of other Participants or the communicative services of the online platform for advertising purposes without permission;- distribute insulting or defamatory content, regardless of whether this content affects other persons or companies;
- use or distribute legally protected content without authorization.
7.5 Furthermore, and regardless of whether the conduct violates any law, the Participant is not permitted to
- send or post data that, due to its nature, characteristics, size, or quantity, could damage or block the entire IT infrastructure of the Service Provider, the computers of Volume Graphics, or the computers of third parties, or spy on or damage the data stored on this IT infrastructure or these computers (e.g., by means of viruses, Trojans, or spam e-mails);
- take any other action that may overload the IT infrastructure of the online platform or otherwise impair the functionality of the online platform;
- enter into communication with other Participants in a manner which may be generally perceived as disruptive or harassing (e.g., using explicit or implicit sexual communication, vulgar or offensive language, content harmful to minors, pornographic content, hate speech, or discriminatory, racist, or otherwise derogatory posts).
7.6 If the Participant violates laws, the rights of third parties, or Clause 7.5 of these GTC, or if there are concrete indications for this, Volume Graphics is entitled (a) to delete content that the Participant has posted, (b) to restrict or block the Participant's access to the online platform and to Events, and/or (c) to delete the Participant's user account.
7.7 If the Participant becomes aware that another Participant is in breach of one or more of the provisions set out in Clauses 7.2, 7.4, and/or 7.5, the Participant shall immediately notify Volume Graphics by e-mail at email@example.com.
8. Event-related Services for Participant Communication
8.1 Some services of the online platform enable the transmission and exchange of tatements, information and other content ("Content") between Participants and/or with the Actors of an event. The Participants themselves are responsible for the Content that they exchange and share with other Participants or the Actors at an Event. The same applies to the service chosen by each Participant via which and in what manner the Participant transmits and shares the Content.
The respective Participant or Actor is in particular responsible for ensuring that the Content shared by it via the online platform, be it texts, graphics, links, entries or announcements, does not infringe third-party rights and complies with competition law provisions. The Participant shall indemnify Volume Graphics upon first request against all claims asserted by third parties due to the illegality of the Participant's content—in particular claims due to inadmissibility under competition law or due to the infringement of personal rights, trademark rights or copyrights. Furthermore, the participant shall reimburse Volume Graphics for the costs incurred by Volume Graphics due to a necessary and reasonable legal defense in connection with such third-party infringement.
8.2 Volume Graphics is not obligated to transmit or publish Content via the online platform or to store them on the online platform for later retrieval. Volume Graphics may remove transmitted or published Content at any time without prior notice.
8.3 The Participant grants Volume Graphics a worldwide, transferable and sublicensable right to use the Content posted or transmitted by the Participant on the online platform and/or when using the Services, to copy, transmit, publish or otherwise use them as necessary to provide the online platform and event-related services offered through it.
9. Exclusion and Limitation of Liability
9.1 The liability of Volume Graphics for whatever legal reason is excluded, unless liability is mandatory under the Product Liability Act, due to intent or gross negligence; due to of injury to life, body, or health; due to the assumption of a quality guarantee; due to fraudulent concealment of a defect; or due to the breach of material contractual obligations. Material contractual obligations are obligations the performance of which is essential for the proper execution of the contract and on the performance of which the Participant regularly relies and is entitled to rely. Compensation for damages due to a breach in material contractual obligations is limited to the foreseeable damage typical for the contract, unless in case of intent or gross negligence.
9.2 The strict liability of Volume Graphics for defects already existing by the time the contract is concluded according to § 536a paragraph 1 German Civil Code (Bürgerliches Gesetzbuch—BGB) (if directly or analogously applicable) is excluded.
9.3 In the event of loss of data, Volume Graphics shall only be liable for the damage that would have occurred even if data had been properly backed up.
9.4 To the extent that the liability of Volume Graphics is excluded or limited, this shall also apply to the personal liability of the employees, representatives, and vicarious agents of Volume Graphics.
10. Data Protection
When processing personal data, Volume Graphics complies with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz—BDSG) and the General Data Protection Regulation (Datenschutzgrundverordnung—DSGVO). Information on the processing of personal data by Volume Graphics can be found in the Privacy Notices for Virtual Events. It can be accessed via the corresponding link when registering for events and when registering on the online platform. It is also included in the online platform in its latest version. Volume Graphics will inform the Participant by e-mail in the event of any significant changes in data processing.
11.1 Should individual provisions of the agreement or these GTC be or become invalid, void, or incomplete, this shall not affect the validity of the remainder of the agreement.
11.2 The agreement, including these GTC, is the final, exclusive and comprehensive agreement in respect of the use of the online platform, including its event-related services, and the participation in Events and shall supersede all prior and contemporaneous agreements between the parties with respect thereto.
11.3 This Agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.4 Place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Heidelberg, provided that the Participant is a merchant, a legal entity under public law, or a separate estate under public law. The same shall apply if the Participant does not have a general place of jurisdiction in the Federal Republic of Germany.
However, Volume Graphics is also entitled to bring an action against the Participant before the court in whose district the Participant has its general place of jurisdiction, and if the Participant does not have a general place of jurisdiction in the Federal Republic of Germany, before the court in whose district the infringing act was committed.
11.5 The European Commission provides a platform for online dispute resolution. The platform is available at www.ec.europa.eu/consumers/odr. Volume Graphics is neither obliged nor willing to participate in dispute resolution proceedings before a consumer mediation board.