Terms of Use for MyFair User Accounts with Messe Stuttgart (As at: June 2022)

These Terms of Use apply in the version valid at the time of conclusion of the contract for the use of the online service MyFair of Landesmesse Stuttgart GmbH, Messepiazza 1 70629 Stuttgart (hereinafter referred to as "LMS") by you as end user (hereinafter referred to as "user"). This service is provided on www.messe-stuttgart.de.

§ 1 Service offer and availability

(1) LMS makes available an online portal with various services. Via the online portal the user can, for example, call up information, make purchases in the Messe Ticket Service, attend virtual events and avail themselves of other services in connection with the Stuttgart Messe Service of LMS. The nature and extent of the services stems from the descriptions available on the online portal or the currently available features of the online portal itself.

(2) LMS reserves the right to supplement the services offered or set a time limit for the use of the services provided. As a user you are not entitled to demand the retention of certain services or parts thereof.

(3) LMS is entitled at any time to change the services provided, make available new services free of charge or against payment and stop the provision of free services. LMS shall take into account the legitimate interests of the user.

(4) As LMS currently only provides free services through the online portal, there is no entitlement to uninterrupted use. It is not guaranteed that access or use of the user account is not interrupted or impacted by maintenance work, enhancements or faults, which may also lead to data losses. LMS endeavours to provide uninterrupted usability of the online portal as far as possible.

§ 2 Registration

(1) The user must register in order to use the online portal. Registration is free of charge. Orders through the Messe Ticket Service of LMS can also be made as a guest without having to create a user account. The user must be of age to register with the online portal. Registration is prohibited for minors.

(2) The user is requested to specify login details in the course of the registration process. This comprises an e-mail address and a freely selected password. The user cannot masquerade themselves as another person when registering or use a name for the use of which there is no authorisation to use.

(3) If these details change in the course of the user relationship, the user must immediately correct the details in the user account in the personal settings. The user is obligated to reimburse any costs arising from the incorrect information.

(4) By submitting their registration data the user makes an offer to LMS to conclude a user relationship based on these Terms of Use. The acceptance of the offer can be freely decided. If the registration is not confirmed within a reasonable time by e-mail to the e-mail address specified by the user, the user is no longer bound to the offer. Upon receipt of the e-mail confirmation a user relationship according to the agreement comes into existence and LMS grants access to the online portal. From activation the user is entitled to use the online portal of LMS within the framework of these Terms of Use.

(5) The registration, contractual relationship and user account along with login details are not transferable. Generally speaking, LMS does not check the identity and details of the user during the registration process. Therefore, LMS assumes no liability that each profile owner is the person who the respective profile owner impersonates. However, as a precaution the user authorises LMS to use all registration information in order to check the correctness of the details (including their updates).

(6) The user is required to keep confidential the login details including the password and not make them accessible to unauthorised third parties.

§ 3 Obligations of the user

(1) On the online portal LMS may offer features which enable interaction with other users as well as the publication and sharing of content. The user agrees that with the use of these features the corresponding content is made publicly accessible to the other registered users of the online portal. LMS does not take ownership of this content, is not obligated to check the content and is not responsible for this content.

(2) The following applies if LMS offers the option to add your own content within the framework of the online portal: The user ensures LMS that the user is the sole owner of all rights to the content transferred by the user to LMS or is otherwise authorised to add content (e.g. valid authorisation of copyright holder) and to grant rights of use and exploitation as stated above. This applies in particular to third-party copyright, trademark or patent rights as well as commercial and/or competition ancillary rights and personal rights. In addition, the user is required not to add content which breaks the law.

(3) Commercial use of the online portal is not allowed. Unauthorised commercial use includes the use of the services available on the online portal including the content offered for a fee.

(4) The user is prohibited from conducting any activities in connection with the user account which break the law, infringe the rights of a third party or violate the principles on the protection of minors. In particular, the user is prohibited from doing the following:

a) Adding, circulating, offering and advertising pornographic content, services and/or products, offending and/or fraudulent content, services and/or products, content, services and/or products which violate the principles on the protection of minors, data protection law and/or other laws;

b) Using content which offends or defames the other users or third parties;

c) Using, providing and circulating content, services and/or products which are protected by law or encumbered with third-party rights (e.g. copyrights), without having the explicit authorisation to do so.

(5) In addition, the user is prohibited from carrying out the following activities when adding their own content on the online portal, also regardless of any violation:

a) Circulating offensive, sexual, obscene or defamatory content or communication as well as such content or communication which is/are likely to promote or support racism, fanaticism, hate, physical violence or illegal actions (either explicitly or implicitly);

b) Harassment of other users as well as the advertising or support of such harassment;

c) Requesting other users to disclose passwords or personal data for commercial or illegal or unlawful purposes;

d) Circulating and/or public reproduction of content available on the online portal, insofar as this is not explicitly permitted by the respective creator or is made available as a feature on the online portal.

(6) Users who attempt to add untruthful, offensive, anti-competitive, criminal or other illegal content about others can be barred with immediate effect.

(7) LMS reserves the right to refuse the creation of content and/or block or remove content already added without prior announcement if the creation of the content by the user or the created content itself led to a breach of these terms or there are concrete indications that it will result in a serious infringement. However, the legitimate interests of the user are taken into consideration here.

§ 4 Termination of the user relationship

(1) The user can terminate the use of the user account at any time by sending a message to LMS requesting the deletion of their user account. [Alternative: The user can terminate the use of the user account at any time by clicking on "Delete" in the user account.] The actual deletion of the user account and the accompanying termination of the user relationship only take effect after further confirmation.

(2) LMS also reserves the right to terminate the free access completely or individual services by observing a period of notice of fourteen (14) days.

§ 5 Liability

(1) Within the framework of the use of free services of LMS the liability of LMS is excluded for slightly negligent breaches of duty, provided that damages from injury to life and limb or health or guarantees or claims according to product liability law are not affected.

(2) Furthermore, the liability for the breach of duties, whose fulfilment makes possible the proper implementation of the user relationship and on whose compliance the user may regularly rely, remains unaffected. The same applies to breaches of duty by vicarious agents of LMS.

§ 6 Changes to these Terms of Use

(1) LMS reserves the right to change these Terms of Use at any time with effect also in the existing contractual relationship. The user is informed of such changes at least 30 days before the planned inception of the changes.

(2) If the user does not file an objection within 30 days of receipt of the notification and the use of the services also continues after expiry of the objection period, the changes shall be deemed to be effectively agreed from expiry of the deadline. In the event of an objection by the user, the user relationship is continued with the previous terms and conditions. LMS reserves the right to terminate the user relationship in the event of an objection in accordance with § 5. In the notification of change the user is referred to the right of objection and the consequences thereof.

§ 7 Final provisions

(1) The user receives detailed information about LMS as operator of the online portal here.

(2) The law of the Federal Republic of Germany applies with the exclusion of German International Private Law and the UN Convention on Contracts for the International Sale of Goods (CISG). For the user as a consumer, this choice of law only applies to the extent that they do not lose the protection of mandatory applicable consumer protection regulations of the country in which the user as consumer is ordinarily resident at the time of ordering. A consumer is any natural person who concludes a legal transaction for purposes which may not be attributed to their commercial or independent professional activity (§ 13 BGB (German Civil Code)).

(3) If the user is a merchant, the exclusive venue is the head office of LMS. However, LMS is also entitled to file a suit at the registered office of the user.