Conditions for the use of the meetyoo customer portal and the Outlook plugin (as at: 19/03/2013)
1. General information
The use of the meetyoo conferencing GmbH Customer Portal (hereinafter referred to as the “meetyoo Customer Portal”) is subject to the Terms & Conditions of meetyoo conferencing GmbH, as long as nothing is provided to the contrary in these terms and conditions of use.
2.1. The user can gain access to the meetyoo Customer Portal via the meetyoo website (www.meetyoo.com) or via a direct link portal.meetyoo.de. Data is transferred only with the use of SSL encryption.
2.2. Personal registration is needed in order to use the meetyoo Customer Portal. To register, users enter their e-mail address as username and choose a personal password. In order to enable conference rooms in the Customer Portal, users must verify themselves with a moderator PIN. meetyoo draws attention to the fact that every person who knows a username and the associated password is able to use the meetyoo Customer Portal in place of the user. Among other things, this enables personal data (e.g. contact or invoicing data) to be changed definitively. meetyoo gives users the option of changing their Customer Portal password at any time.
2.3. Users must keep their password secret and change it immediately if they suspect that it has or could have become known to an unauthorised third party. Users should not write down or save their password and username. In particular, the “cache” (temporary memory) of the browser used must be deactivated or deleted after use. The user is responsible for keeping data updated and for the completeness and correctness of the data entered. In the case of a change of e-mail address, users undertake to change the information in the meetyoo Customer Portal immediately. Data should only be released by users in the Customer Portal if the Internet browser window shows that the data transfer is encrypted (a key or padlock symbol). The contractual provisions, user guidelines and safety instructions must be complied with by users. Users must take care to ensure that there are no computer viruses on their systems, and implement the appropriate preventive measures. Users undertake only to use third-party software, including encryption software, that is obtained from widely-known, trustworthy providers.
2.4. Access to the meetyoo Customer Portal is automatically barred if a user enters the password incorrectly three times in succession. The user can have access unbarred by customer service. meetyoo may also bar access without giving reasons.
2.5. Legally-binding declarations of intent are deemed to have been given by a user once the relevant box has been clicked to authorise a transfer to meetyoo. Declarations of intent given in this way satisfy the contractual requirement for written form. meetyoo is entitled to process declarations solely on the basis of allocation by means of the e-mail address and password that were entered when logging in. The user is hereby informed that the provision of incorrect information may result in invoicing errors and therefore adversely affect the user.
Each party accepts their own transmission risk and is liable for any damages arising from incorrect transmission. meetyoo is not liable for damages arising from the misuse of the password or username (e-mail address) or by the entry of incorrect information. meetyoo will make every effort to ensure that the meetyoo Customer Portal is accessible constantly. However, meetyoo does not guarantee that the services offered via the meetyoo Customer Portal will be available at all times without interruption and without error. Furthermore, meetyoo does not accept liability for damages caused by errors in the user’s IT systems.
4. Applicable Law, Court of Jurisdiction
4.1. The law of the Federal Republic of Germany applies.
4.2. In the case of contracts with traders, legal entities in public law or special funds under public law, the place of jurisdiction is Berlin-Charlottenburg.
5. Severability Clause
Should any individual provisions of these terms and conditions be invalid, this shall not affect the remaining provisions or the contract itself.
§ 1 General Information
For the use of the meetyoo-Webinar of the meetyoo conferencing GmbH (hereinafter referred to as “meetyoo-Webinar“) the subsequent conditions of use as well as the general terms and conditions and data protection declaration of the meetyoo conferencing GmbH are valid, if in these conditions of use no deviating regulation is made.
§ 2 Use
The meetyoo conferencing GmbH together with the Website “webinar.meetyoo.de” (platform) operates an internet portal for the booking and organisation of interactive online seminars (Webinars). It makes available the technical prerequisites for posting and booking Webinar offers for users (members) registered on this platform for the communication between members and the implementation of Webinars and other online events in virtual conference rooms.
§ 3 Registration
To use the platform the cost-free registration as a member is required. Exclusively natural persons of full legal capacity can have themselves registered as a member. For the registration the registration form provided on the platform shall be filled in completely and truthfully indicating a member name, an e-mail address and a requested password and sent to meetyoo conferencing. All Websites of the platform, on which data are indicated, are secured by a 256-Bit-SSL-encoding.
The member name shall not infringe the rights of third parties or good morals and shall not contain any contact information (e.g. e-mail or internet addresses). The meetyoo conferencing GmbH is entitled to request written evidences to review the indicated data. By sending the registration form the user makes a binding offer to meetyoo conferencing in order to conclude a membership agreement. The membership agreement is concluded by confirming the order, establishing the Webinar platform with an own domain and following registration confirmation e-mail and the activation of a member account by means of meetyoo conferencing. There is no user’s claim to the conclusion of a membership agreement. Each user may only have himself registered once.
§ 4 Services of meetyoo conferencing
The meetyoo conferencing GmbH makes available the technical possibilities on the platform to the members in order to facilitate the organization of Webinars in virtual conference rooms. Each member can use the platform not only as Webinar organizer but also as Webinar participant (attendee).
The members can establish member profiles, post Webinar offers and requests, read the Webinar offers and requests of other members, book Webinars, make Webinar offers for corresponding requests, organize Webinars in the virtual conference rooms of the platform and actively or passively participate in the Webinars in the virtual conference rooms.
§ 5 Use of the Plattform
I. General provisions
1. The platform may only be used for the information about Webinars, participation in Webinars and implementation of Webinars as well as other online events in the virtual conference rooms.
2. The members are obliged to keep their password secret and to secure the access to their member account. If there are any indicators that third parties have provided themselves unauthorized access to the member account, meetyoo conferencing immediately has to be informed and the password shall be changed by the member.
If the data change, which were stored at the registration for the member, the data immediately shall be announced to meetyoo conferencing in written form.
Since the meetyoo conferencing GmbH can only review the correctness of the data stored for the member to a limited extent even when submitting written proofs, the indication of wrong data by means of a member basically cannot be excluded. For this reason, each member himself shall examine the identity of the participant.
The member account shall not be transferred to third parties. Contact data of other members, who became known by using the platform shall only be used for (pre-) contractual communication.
3. Members shall exclusively advertise on the platform for Webinars, which are also organized on the platform. They shall not do, tolerate or arrange anything which could disturb the propter operation of the platform, particularly the virtual conference rooms.
4. To use the platform, particularly for the organization and participation in Webinars and other online events the observation of the following technical prerequisites is required: a standard DSL-connection, an internet browser according to the current state-of-the-art , a current version of the programme “Adobe Flash Player“, in case of active participation: headAudios and microAudio, in case of passive participation: loudspeakers
The members oblige themselves to keep these technical minimum prerequisites, to punctually check and analyse before the implementation of a Webinar or the participation in a Webinar whether the connection to the virtual conference rooms can be established and, if necessary, to remove existing technical disturbances, the removal of which lies in their responsibility, in time. If a technical connection cannot be established, meetyoo conferencing shall be informed in time.
II. Use of the platform as participant Only members shall participate in the Webinars who have booked the Webinar. Other persons shall not be allowed to actively or passively participate.
§ 6 Exclusion of a Member
meetyoo conferencing can exclude a member and delete the member account as well as all Webinar offers and Webinars of this member if there are any indicators for meetyoo that a member violates the essential obligations of this agreement of use or a member was negatively assessed several times. meetyoo will inform the member about the planned exclusion by e-mail and give him the possibility to make a statement. In case of urgent necessity meetyoo is not obliged to do this. In any case meetyoo will consider the authorized interests of the member. The right of extraordinary termination remains unaffected.
§ 7 Technical Availability
For technical reasons the meetyoo conferencing GmbH cannot guarantee a permanent complete availability of the servers through which the platform is operated. Temporarily the availability of the platform – particularly due to the necessary implementation of maintenance or repair works – can be limited. The meetyoo conferencing GmbH will inform the members about the implementation of planned maintenance works and their scope in time by means of a reference to the platform. If the system unpredictably fails, meetyoo will inform the members about the scope and duration of failure as far as possible.
§ 8 Exemption
The members oblige themselves to exempt meetyoo conferencing from all claims of other members or third parties, who assert these against meetyoo due to the violation of their rights owing to the utilization of the platform by means of the respective member. This does not apply if the member is not responsible for the violation of rights. The obligation of exemption also includes the bearing of appropriate legal defence costs.