Terms and Conditions
The following Terms and Conditions for the Participation at droidcon Americas conference ("Event") of Mobile Seasons GmbH, Messedamm 22, 14055 Berlin ("Mobile Seasons") apply with regard to the purchase of the full conference pass ("Ticket(s)") and to the registration and participation of visitors, sponsors, speakers or partners (jointly “Attendee(s)”) at the Event. With the purchase of the Tickets and/or the registration as Attendee, the purchaser of the Ticket ("Customer(s)") and/or the registering Attendee accept these Terms and Conditions. Counter-confirmations by the Customer referring to Customer´s own business or purchasing conditions are hereby expressly contradicted. Deviations from these Terms and Conditions shall only be effective if they have been confirmed in writing by Mobile Seasons. These Terms and Conditions shall also apply if Mobile Seasons unconditionally performs Services despite knowledge of differing or contrary terms and conditions of the Customer.
2. Conclusion of Agreement
2.1 Mobile Seasons uses the platform of Eventbrite, Inc., 155 5th Street, Floor 7, San Francisco, CA 94103, Reg. No. 4742147, U.S.A. ("Eventbrite”) to sell tickets and register Attendees for the Event. The agreement for the purchase of Tickets shall only be concluded between Mobile Seasons and the Customer as follows:
2.2 Customers and Attendees who wish to register and participate at the Event shall visit the official event website (https://www.online.droidcon.com) (“Event Website”). Customers and Attendees will be then forwarded to official website of Eventbrite (“Ticket Website”).
2.4 Sponsor, Speaker, Partner and other Attendees who have not purchased a Ticket as Customers will receive an access code to be entered at the Ticket Website that will allow them to register and to participate at the Event as registered Attendee. The Tickets will be either free of charge (Sponsor or Speaker) or a negotiated discount (Partner) will apply.
3. Confirmation, Tickets
3.1 After booking, and in the case of Customers, fulfilling its payment obligation, Customer and registered Attendees will receive a confirmation e-mail from Eventbrite with a summary of the purchase order. The confirmation e-mail from Eventbrite also contains a secure link to the Eventbrite booking portal, through which the Customer and registered Attendee may review and edit information on booking online.
3.2 Customers and registered Attendees will receive an additional e-mail from Mobile Seasons´ Service Provider “talque” that contains a secured link to official droidcon Americas 2020 Event Platform (“Event Platform”). Admission to the Event is granted exclusively via this link. Customer and Attendee are requested to confirm its personal Event Profile (“User Profile”) under which Customer and registered Attendees participate at the Event and use the different services of the Event.
3.3 The resale of Tickets or any other unauthorized access to the Event is prohibited. In the event of a breach of the above provision, Mobile Seasons shall in particular be entitled to block the Ticket (access code) in question and to refuse user to participate in the Event without compensation by deleting the User Profile and to refuse to sell Tickets to the responsible person in the future for any other Mobile Seasons event.
4. Scope of Service
4.1 The Ticket allows Customer and registered Attendee to participate at the Event and to use event-related services (“Services”) that will be provided during the Event. Such Services shall include in particular, but not limited to match making / speed dating, 1:1 video calls, chats, roundtable video calls, speaker talks, sponsoring, recruiting and other functions
4.2 Mobile Seasons reserves the right to amend, limit or cancel the use and/or scope of one or more Services before and during the Event.
4.3 Any statements made by Mobile Seasons with regard to the Event or services in advertising materials, on websites, as well as in the documentation, shall be a description of the product only, and shall not constitute a guarantee or a guarantee of a characteristic feature.
4.4 Mobile Seasons will use reasonable efforts to achieve constant availability of the Event and the Services during the Event dates. Metering point for determining the availability of the Event and the use of the Services shall be the interface between the Event Platform and the Internet.
4.3 Mobile Seasons shall not be held responsible in the following situations:
downtime caused by malfunctions of the Internet or other circumstances for which Mobile Seasons is not responsible, in particular an epidemic or pandemic (such as Covid-19) or force majeure event;
downtime caused by mandatory unscheduled maintenance work required to remove malfunctions; if possible, Customer and registered Attendee will be notified of any malfunction by a note on the Event Website; and
downtime caused by temporary deficiencies in Customer’s and registered Attendee´s technical infrastructure, such as malfunctions of the Customer’s and registered Attendee´s hardware.
5. Prices, payments
5.1 The current purchase price for the Ticket can be seen at the Ticket Website. The purchase price quoted on the Ticket Website at the time the order is placed shall apply. The statutory value added tax is included in the total price.
5.2 Unless otherwise agreed, the Customer shall pay the amount stated in Customer's order by the means of payment chosen in advance (credit or debit card, SEPA direct debit or direct banking). The purchase price for the Ticket is due for payment immediately and without deductions after the conclusion of this agreement. Partial or instalment payments are not permitted. The fulfilment of the Customer's payment obligation only occurs with crediting to one of the bank accounts of Eventbrite.
5.3 In the case payment via SEPA direct debit fails before the Event starts, Mobile Seasons reserves its right to cancel the registration and assert further claims. The Customer or registered Attendee thereby loses its right to participate. Neither Mobile Seasons nor Eventbrite shall be liable for any costs incurred by the Customer or Attendee as a result of registration or cancellation of registration due to non-payment.
6. User Profile
6.1 Customers and registered Attendees are requested to create a User Profile at the Event Platform before participating at the Event. Customers and registered Attendees hereby agree to
register with the complete and correct name and with a valid email address;
be at least 16 years old;
use a strong password and keep it confidential;
prevent any unauthorized use its User Account by third parties;
follow any applicable statutory provisions, Mobile Seasons Code of Conduct as well as User Guidelines.
6.2 Creating a User Profile with false information is a violation of these Terms and Conditions and entitles Mobile Seasons to terminate the Agreement immediately and without observing a termination period and to exclude Customer or Attendee from the participation at the Event.
6.3 Customer and registered Attendee are responsible for anything that happens through its User Profile unless Customer and registered Attendee have prior closed User Profile or reported misuse to Mobile Seasons.
7. Duties of Customers and Attendees; Rights of Use
7.1 Customers and Attendees shall be solely responsible for providing and maintaining all technical equipment necessary for accessing the Event and using the services, in particular, having the necessary hardware, an operating system, solid internet connection and current browser software.
7.2 Customers and Attendees are obliged not to share their password and account with third parties and to protect them against access by third parties. Users may be held liable for any misuse of their account for which they are culpable.
7.3 Customers and Attendees hereby agree to respect the rights of third parties, including the rights of Mobile Seasons. Therefore, in particular, the Customers and Attendees are not permitted to:
use the information (e.g. contact details) or communicative services (contact with other users) received in connection with the Services for the purposes of advertising;
send or enter data that due to its nature, characteristics, size or quantity, could damage or block the entire IT infrastructure of Mobile Seasons or the computers of other third parties or spy on or damage data stored on said IT infrastructure (e.g. by means of viruses, trojans or spam emails);
perform actions or disseminate content in connection with the use of the Services that infringes third-party rights (e.g. copyright, trademarks, privacy rights and data protection rights) or violates statutory provisions, especially criminal laws, youth protection regulations, data protection regulations and the provisions of competition law.
8. Sharing Statement, Information and Content
8.1 The Services allow messaging and sharing of Statement, Information and Content between Customers and registered Attendees. Statement, Information and Content that Customers and registered Attendee send or share or in any other way communicate may be seen by other Customers, Attendees or third parties. Customers and registered Attendees are responsible for the Statement, Information and Content that are shared with other Customers and registered Attendees as well as for the chosen method to share Statement, Information and Content.
8.2 Mobile Seasons is not obligated to publish any Statement, Information or Content on the Service and can remove any Statement, Information and Content with or without notice.
9. Property rights
9.1 Customer and registered Attendee each hereby assures that Customer and registered Attendee each are entitled to transmit and/or to publish the Statement, Information and Content provided by Customer and registered Attendee during the participation of the Event and the use of the Services. Customer and registered Attendee each hereby also declare that the Statement, Information and Content provided, shared or otherwise communicated by User or Company do not violate the applicable law or anyone’s rights (including intellectual property rights). In addition, Customer and registered Attendee each assure that profile data of User Profile will be truthful. Mobile Seasons may be legally obliged to remove certain Statement, Information or Content.
9.2 Customer and registered Attendee each herby grant Mobile Seasons the worldwide, transferable and sub-licensable right of use for the Statement, Information and Content, which includes the right to use, copy, modify, distribute, publish and process the Statement, Information and Content provided, shared or otherwise communicated by Customer and registered Attendee through the Services, without any further consent by Customer and registered Attendee and without any further notification and/or obligation to pay a royalty fee to Customer and registered Attendee or any third party by Mobile Seasons.
9.3 Customer and registered Attendee each will indemnify and hold harmless Mobile Seasons from and against claims, suits actions and/or other proceedings brought to Mobile Seasons by any third party with regard to right of use granted by the Customer and registered Attendee to Mobile Seasons. Indemnification includes all losses suffered by Mobile Seasons as well as other costs and expenses incurred by, in particular, but without limitation, court costs and costs and/or fees for attorneys.
9.4 Customer and registered Attendee each can terminate the right of use for specific Statement, Information and Content at any time by deleting such Statement, Information and Content from the Services or by closing the User Profile, whereby Customer and registered Attendee must take into account that
other Customers and/or registered Attendees might have copied the Statement, Information and Content shared within the Services;
other Customers and/or registered Attendees might have shared or saved them; and
Mobile Seasons needs a reasonable period of time to remove this Statement, Information and Content from security and other systems.
10. Statement, Information and Content
10.1 By using the Services, Customer and registered Attendee may encounter Statement, Information and Content that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Mobile Seasons is not obligated to review, correct, complete or otherwise amend any Statement, Information and Content provided by other Customers and registered Attendees. Mobile Seasons is not responsible for the Statement, Information and Content of other Customers and registered Attendees and can therefore not held liable for any damages or losses as a result of any Statement, Information and Content by any Customer and registered Attendee.
10.2 Furthermore, Mobile Seasons is not responsible for any services that are offered and/or provided to a Customer and a registered Attendee by another Customer or another registered Attendee or any third party while participating at the Event and/or using the Services. Offering or providing services through the use of the Services shall take place exclusively between the Customer and registered Attendee and another Customer, another registered Attendee or a third party.
10.3 In this context, Customer and registered Attendee agree that Mobile Seasons
is not responsible for the offering, performance or procurement of these services;
does not endorse any particular service offered by a Customer and a registered Attendee; and
shall not create an employment, agency, or joint venture relationship with any Customer and registered Attendee offering services.
10.4 If Customer and registered Attendee are offering services through the Services, Customer and registered Attendee each represents and warrants that Customer and registered Attendee has all required licenses, permissions and other authorization necessary to offer and/or provide the service as well as that Customer and registered Attendee will offer and/or provide services consistent with the Mobile Seasons´ Code of Conduct and User Guideline.
11. Disclaimer and Limit of Liability
11.1 Mobile Seasons makes no representation or warranty about the Event and the Services as well as makes no representation that the Event and/or Services will be uninterrupted or error-free. The Event and the Services (including content and information) will be provided on an “as is” and “as available” basis.
11.2 Mobile Seasons will also make no representation or warranty for any revenue or profit expectations and/or business opportunities associated, either directly or indirectly, with the participation at the Event and/or the use of Services by Customer or registered Attendee.
11.3 Mobile Seasons shall only be held liable for intent and gross negligence, as well as for the breach of a material contractual obligation. In the event of an ordinarily negligent breach of a material contractual obligation, the liability of Mobile Seasons shall be limited to the typical foreseeable damage as at the conclusion of the registration as Customer or registered Attendee. In the event that performance is initially impossible, Mobile Seasons can only be held liable if the obstacle to performance was known or the lack of knowledge was due to gross negligence, provided that it was not a material contractual obligation.
11.4 The non-fault liability of Mobile Seasons for defects existing at the time of conclusion of the registration according to Section 536a, paragraph 1, sentence 1 of the German Civil Code is hereby excluded.
11.5 Where the liability of Mobile Seasons is excluded or limited, this also applies to the personal liability of the employees, workers, representatives and vicarious agents of Mobile Seasons.
11.6 Aforementioned exclusions of liability according to Section 11.1 to 11.5 of these Terms and Conditions do not apply if defects have been concealed maliciously or if a guarantee of quality has been made, and do not apply to liability for claims under the German Product Liability Act or physical injuries (to life, limb or health).
11.7 With the exception of the claims arising under Section 11.6 of these Terms and Conditions, claims of the Customer or registered Attendee to compensation for which liability is limited under this Section 11 of these Terms and Conditions shall become time-barred one year after the start of the statutory limitation period.
12. Amendment / Postponement / Cancellation of the Event
12.1 The Mobile Seasons reserves the right to amend the program and/or change time of different events within the Event. In this case, the agreement and admission to the Event is automatically extended by the corresponding period of time and the dates for the services to be provided are postponed to the new period of the Event.
12.2 If the Event must be canceled by Mobile Seasons due to organizational or other reasons, for which Mobile Seasons is not responsible, the remuneration for the Tickets will be refunded. Further claims of Customer or registered Attendee, in particular for losses and damages are excluded.
13. Data protection
13.1 Mobile Seasons processes the personal data of Customer and registered Attendees in compliance with the relevant data protection regulations. Personal data (in particular name, address, e-mail address) shall be collected, processed and used by Mobile Seasons to the extent necessary to establish, structure, amend or fulfil the contractual relationship.
13.2 Mobile Seasons shall be entitled to transfer the data to third parties commissioned by it with the execution of the agreement, to the extent that such transmission is necessary in order for the agreement for participation in the Event to be fulfilled or for the Event to be able to offer further services in connection with the Event. The Customer or Attendee shall be informed of this and of his right of revocation in the course of the ordering process by confirming that he has read and understood the data protection information in accordance with the EU-General Data Protection Regulation.
14. Online Dispute settlement platform
14.1 The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/Consumers/Odr Mobile Seasons' contact details, including e-mail address, can be found in the imprint on the Event's website.
14.2 Mobile Seasons is neither obliged nor willing to participate in the dispute resolution procedure.
15.1 In addition to these Terms and Conditions, the Code of Conduct shall apply, see https://www.online.droidcon.com/code-of-conduct.
15.2 The place of fulfilment and jurisdiction for all disputes in connection with this contractual relationship shall be Berlin, provided that the Customer or Attendee is a merchant, a legal entity under public law or a special fund under public law or if at least one of the contracting parties does not have a general place of jurisdiction in the Federal Republic of Germany.
15.3 The law of the Federal Republic of Germany shall apply exclusively with regard to any disputes arising out of or in connection with the agreement and the present Terms and Conditions and/or the participation at the Event, regardless of the legal grounds, to the exclusion of any conflict of law provisions which refer to a different jurisdiction. The UN Convention on Agreement for the International Sale of Goods shall not apply.
15.4 Should individual provisions of these Terms and Conditions be ineffective, the validity of the remaining provisions shall not be affected. The invalid provision shall be amended in such a way that the intended purpose is achieved.