Terms & Conditions
General Terms and Conditions for using Expoport
"Expoport” refers to the service provided subject to these General Terms and Conditions and/or Expoport GmbH.
By logging on to Expoport, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using Expoport.
Expoport operates Expoport services under various top-level domains (expo-port.com, expo-port.net, expo-port.de, expo-port.org), as well as various sub-domains and aliases of these domains. All websites on which Expoport provides Expoport services are hereinafter referred to as “Expoport Websites.”
These GTC shall govern the contract relationship between the User and Expoport, irrespective of which Expoport website the user is registered with or logged on to.
The user enters into this agreement on the use of Expoport services with Expoport GmbH, Amsterdamerstr. 44, 40474 Düsseldorf. Additional contact information, commercial registry data, as well as the name of the authorized representative of Expoport GmbH can be found under “Imprint”.
The services provided by Expoport are intended exclusively for persons of legal age.
The user can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the menue point “Terms & Conditions”.
1. Subject matter
1.1 The Expoport websites offer registered users a free private contact forum.
1.2 Any use of the services and contents offered on the Expoport websites beyond the scope of options provided by Expoport requires the prior written consent of Expoport.
1.3 Expoport shall only make data and/or information provided by the user available for other uses provided that this data and/or information does not violate any laws or these GTC. Expoport is entitled to remove any illegal or prohibited data and/or information from Expoport websites without prior notice to the user.
1.4 The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the Expoport websites. Expoport shall nonetheless endeavor to keep Expoport websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Expoport's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Expoport websites.
1.5 Expoport merely provides the user with a platform to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, Expoport does not take part in any communication between users. If users enter into agreements with one another over Expoport websites, Expoport shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. Expoport shall not be held liable if users are unable to contact one another over Expoport websites regarding such agreements. Furthermore, Expoport shall not be liable for breaches of duty in relation to agreements entered into between users.
1.6. Group moderators are entitled to choose their members. They may freely choose whether or not a user may join their group.
2. Registration, and Representations and Warranties upon Registration
2.1 Users must register prior to using any of the services on the Expoport websites.
2.2 The user warrants and represents that all of the data provided by the user for registration is accurate and complete. The user shall report any changes in the registration data to Expoport without undue delay.
2.3 The user warrants and represents that he or she is of legal age at the time of registration
2.4 The user shall choose a password upon registration. The user is obliged to keep this password secret. Expoport shall not disclose the password to any third party and Expoport shall not ask for the user's password at any time.
2.5 By completing the registration process, the user consents to enter the agreement to use the services of the Expoport websites. Expoport accepts this offer by activating the membership for the use of services on Expoport websites. The agreement takes effect with the aforementioned acceptance by Expoport.
2.6 Each user is entitled to register with Expoport only once, and the User may only establish one (1) user profile.
2.7 It is technically impossible for Expoport to determine with certainty whether any user registered with Expoport is in fact the person he or she represents to be. Therefore, Expoport assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
3. Right of cancellation for consumers
If a user is registered at Expoport for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (§13 German Civil Code):
3.1 Right of cancellation
The user may cancel registration for membership in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by Expoport, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent by post to Expoport GmbH, Amsterdamerstr. 44, 40474 Düsseldorf. The user may also deliver notice of termination sending a fax or letter to Expoport. The fax number and email address of Expoport can be found under Imprint and under Contact.
The user’s right of termination under section 6 shall not be affected by the user’s cancellation right under this section 3.
3.2 Premature lapse of the right of cancellation
In accordance with §312d Par. 3 BGB (German Civil Code), the user’s right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases:
(1) If Expoport has begun performing the Expoport services for which the user is registered with the express consent of the user, or
(2) If the user has initiated the Expoport services for which the user is registered (e.g. in which the user has accessed the Expoport services that Expoport has made available to the user).
4. Obligations of the User
4.1 The user is obliged,
4.1.1 To provide only true and non-misleading statements in the user profile and in communications with other users.
4.1.2 To post on the Expoport websites only photographs of the user which are not more than ten (10) years old and in which the user can be clearly and plainly recognized. The user warrants and represents that the public display of the photographs delivered by the user to the Expoport websites is not prohibited. The user shall not upload any photographs or images of any other person than of the user, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.). The photographs delivered by the user shall not contain any company logos.
4.1.3 To comply with all applicable legislation, and respect all third-party rights. In particular, the user shall not
# use any insulting or defamatory contents, regardless of whether said contents are directed at another user or Expoport personnel or other companies
# use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
# unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act)
# use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
# use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
4.1.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
# sending chain letters
# sending identical private messages to more than one (1) user at the same time
# performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
# ommunicating in any insinuating or sexual way (suggestive or explicit).
4.2 The user is prohibited from the following:
# Employing any mechanisms, software or scripts when using Expoport websites. However, the User may use the interfaces or software provided by Expoport within the scope of the services available on the Expoport websites.
# Blocking, overwriting, modifying and copying of any contents of the Expoport websites, unless said actions are necessary for the proper use of the services on the Expoport websites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
# Distributing or publicly disclosing the contents of any of the websites of Expoport or any other user
# Performing any actions which may impair the operability of Expoport's infrastructure, particularly actions which may overload said infrastructure.
5. Changes to the services on Expoport websites
Expoport reserves the right to modify the services offered on the Expoport websites and/or to offer services different from those offered at the time of the user's registration at any time, unless this is unreasonable for the user.
6. Termination of Membership
6.1 The User may terminate the free membership at any time without cause. The user may deliver notice of termination using the contact options available on all Expoport websites at any time. The termination notice shall include the user’s registered name and an email address of the user registered on one of the Expoport websites.
6.2 Both parties have the right to terminate the agreement for good cause.
6.3 A good cause is defined as an event which makes it unacceptable for Expoport to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Expoport against the user's. A good cause includes any of the following events:
# If the User fails to comply with any applicable legal provisions
# If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these GTC
# If the reputation of the services offered on the Expoport websites is substantially impaired by the online-presence of the user (if, for example, it is discovered after registration that the user has been convicted of a criminal offence, and if said conviction is known to other users)
# If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or
# If the User causes harm to any other user(s)
6.4 In the event of a good cause in accordance with section 6.3 and notwithstanding Expoport's right to terminate the contract in accordance with section 6.3, Expoport is entitled to:
# Delete the contents posted by the user
# Issue a warning, or
# Block the user's access to the services on the Expoport websites.
7. Responsibility for the User’s Content, Data or other Information
7.1 Expoport does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Expoport websites or on any external websites linked to them. In particular, Expoport does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
7.2 The user may report any activities of any other user which violate applicable laws adn/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact options available under Contact, or may send a letter to Expoport.
8. Customer Service/Support
Queries regarding agreement with Expoportor regarding Expoport services can be sent by the customer to Expoport using the contact options available under Contact.
9. Liability of Expoport
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Expoport (including its vicarious agents) shall exist only if Expoport breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by Expoports's business liability insurance, provided the insurance company has effected payment to Expoport. Expoport undertakes to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the German Product Liability Act.
10.1 The User shall indemnify and exempt Expoport from all actions, including damage claims, asserted by other users or third parties against Expoport resulting from an infringement of their rights by the contents posted by the user on Expoport websites. Furthermore, the user shall indemnify and exempt Expoport from all actions, including damage claims, asserted by other users or third parties against Expoport resulting from an infringement of their rights regarding the use of the services on Expoport websites by the user. The user assumes all reasonable costs Expoport incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by Expoport, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
10.2 In the event the contents posted by the user infringes any rights of any third party, the user shall, at its own expense and at Expoport`s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes third-party rights when using the services of Expoport websites, the user shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Expoport.
11. Data Protection
12. Right to Contents
When the user posts his or her contribution to Expoport`s website, the user grants Expoport an unlimited, irrevocable and assignable right of use for the respective contribution, which Expoport is entitled to utilize for any purpose. In particular, Expoport is entitled to keep said contribution on the forum, and on its websites and the websites of its partners, or use it for marketing the forum in any other way.
Consequently, Expoport has a right of use over all contributions to discussion forums, blogs and other user generated contents it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of Expoport. Copying, downloading, dissemination, distribution and storing of the contents of Expoport and/or third parties is prohibited without its express consent.
13. Final Provisions
13.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
13.2 Expoport reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user. Expoport shall give due notice of any amendments of these GTC to the user. If the user does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the user. Expoport shall inform the user about the user's right to object and of the relevance of the objection deadline in said notice.
13.3 Unless otherwise stated in these GTC, the user may submit all notices to Expoport by Email, fax or letter to Expoport. Expoport may send notices to the user by email, fax or post to the addresses given in the user’s current contact data in his or her user account. 13.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
13.5 The place of performance under these GTC shall be Expoport`s main place of business.
13.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Expoport.
13.7 These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.