Terms of Conditions for the Paper Submission System Portal and the Ticket Shop on the MOC2020-Website
By registering for the Paper Submission System Portal (hereinafter referred to as the “portal”) on the website www.moc2020.com, you declare that you have understood and agree to the following General Terms of Conditions and the legal information regarding both the online offers and the information contained therein. The use of the online offers is based on the following General Terms of Conditions:
1. SCOPE; CONTENT; PURPOSE AND OPERATOR OF THE WEBSITE OF THE PORTAL AND THE TICKET SHOP
1.1 These Terms of Conditions apply to the online offer at www.moc2020.com. The operator of the Website is the Fraunhofer Institute for Applied Optics and Precision Engineering IOF, Albert-Einstein-Str. 7, 07745 Jena, Germany (hereinafter referred to as “Fraunhofer IOF”). Details of the operator (e.g. authorized representatives, contact data, association register data) can be found in the imprint of the website.
1.2 The MOC2020 website provides information on the Microoptics Conference taking place in 2020. Participants of the conference can submit a scientific paper in advance using the Paper Submission System. Besides, participants can register for the event and pay the participation fee via the website.
2. CONCLUSION OF CONTRACT
2.1 The contract with the Fraunhofer IOF for the use of the Paper Submission System is concluded upon completion of the online registration process. Registration is completed when, after you have registered for the Paper Submission System, you have complied with the request to confirm your registration by clicking on the link provided in the confirmation e-mail (double opt-in) that you receive from email@example.com.
2.2 The contract with Fraunhofer IOF concerning the purchase of a conference ticket is only concluded after the receipt of the order has been confirmed by Fraunhofer IOF and the payment process has been completed. The payment process is completed when your payment has been successfully received.
3.1 The prices listed in the offer at the time of the order shall apply. The stated prices are final prices.
3.2 As the conference tickets are digital items, there are no shipping costs.
4.1 We offer the payment methods credit card, invoice, and immediate bank transfer.
4.2 In case of purchase by credit card, the invoice will be automatically sent to you by email after your credit card account has been charged.
4.3 In case of purchase on invoice, you will be informed on the order overview page about the due date of the purchase price before the conclusion of the contract.
4.4 You agree that you will receive invoices exclusively in electronic form.
5. USER ACCOUNT AND PROFILE
5.1 In order to use the Paper Submission System, a user account must be created. The creation of a user account is only possible by providing the user’s first and last name, user’s affiliation, and a current e-mail address. To log in to the portal, the user’s e-mail address and the password provided in the registration e-mail are required (“login data”). This e-mail address may also be used for communication with Fraunhofer IOF in case of inquiries relating to the Microoptics Conference 2020.
5.2 The data provided by you in the event registration (e.g. name, e-mail address, institution) must be accurate and complete. It must be your own data or that of your company.
5.3 You are obliged to handle your login data with care and to prevent third parties from using the login data.
6.RIGHT OF REVOCATION
6.1 Use of the Paper Submission System
You have the right to revoke the contract for the use of the Paper Submission System within fourteen days without giving reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
To make use of your right of revocation, you must inform us, Fraunhofer IOF, firstname.lastname@example.org, using a clear statement (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. To comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
In case of an effective revocation, the services received by both parties are to give back and, if applicable, to return any benefits derived (e.g. interest). If you are unable to return the received performance to us in whole or in part or only in a deteriorated condition, you may be required to pay compensation for the value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation or the goods, for us with their receipt. In the case of a service, your right of revocation expires prematurely if your contractual partner has started to perform the service with your express consent before the end of the revocation period or if you have arranged for this yourself.
If you want to cancel the contract, please fill out this form and send it back.
Sample revocation form
To Fraunhofer IOF
07745 Jena, Germany,
- I/we (*) hereby revoke the contract concluded by me/us (*) for the use of the Paper Submission System (*):
- Registered on (*):
- Name of consumer(s):
- Address of the consumer(s):
Signature of the consumer(s) (only for paper submission)
(*) Delete as applicable.
End of the revocation instruction
6.2 Ticket purchase – According to § 312 g Paragraph 2 No. 9 of the German Civil Code (BGB), the regulations on distance contracts do not apply to contracts for services in the field of leisure activities – such as here the purchase of conference tickets for the event for the 25th Microoptics Conference in Jena, September 24-26, 2020. Any order of tickets is therefore binding immediately after confirmation by Fraunhofer IOF and obliges the purchaser to accept and pay for the tickets ordered.
7. OPERATION AND USE OF THE PAPER SUBMISSION SYSTEM
7.1 You are solely responsible for the information and content (e.g. texts, images) that you provide in your paper(s) to the Paper Submission System. You agree to comply with applicable law (e.g. criminal law and youth protection law) and not to violate the rights of third parties (e.g. copyrights and other protective rights or rights to a name and other personal rights).
7.2 Fraunhofer IOF is entitled to block access to individual contents posted by you in the Paper Submission System or to remove these contents from the Paper Submission System at any time without prior notice if there is a suspicion that these contents violate applicable law or third party rights.
7.3 You are not entitled to claim maintenance of individual functionalities of the Paper Submission System. Fraunhofer IOF shall be entitled to discontinue the operation of the Paper Submission System in whole or in part at any time without giving reasons, without this giving rise to any claims for damages on your part. You will be notified of the discontinuation of the operation in advance.
7.4 Fraunhofer IOF shall endeavor to ensure that the Paper Submission System operates without any disruptions. This is naturally limited to services on which Fraunhofer IOF has an influence. Fraunhofer IOF is at liberty to restrict access to the Paper Submission System due to maintenance work, capacity requirements, and other events beyond the control of Fraunhofer IOF, either partially or completely, temporarily or permanently.
8. OTHER OBLIGATIONS OF CONDUCT IN THE PAPER SUBMISSION SYSTEM
8.1 When using the Paper Submission System, you are obliged to observe legal regulations and to protect the rights of third parties (cf. Section 5.1), as well as to maintain good morals and manners. This means in particular that you
– not to upload content to the Paper Submission Systems that may be perceived by other users as offensive, defamatory or irreverent;
– upload files that are infected with, or appear to be infected with, a virus.
8.2 You must refrain from all actions that could impair and/or excessively burden the operation of the Paper Submission System or the technical infrastructure behind it. This includes in particular
– the use of software, scripts or databases in connection with the use of the Paper Submission System
8.3 Fraunhofer IOF is entitled at any time and without prior notice to block access to individual contents posted by you on the Paper Submission System or to remove these contents from the Paper Submission System if there is a suspicion that the posting of these contents violates the aforementioned obligations of conduct.
9. RIGHTS OF USE
9.1 Insofar as copyrights exist in the Paper Submission System, these rights are held either by Fraunhofer IOF or – if the content is created by you and posted on the portal – by you. You are obliged to take this into account and undertake not to use any content of the Paper Submission System – of whatever kind – for private or commercial purposes beyond the possibilities granted within the scope of using the Paper Submission System. This does not apply to the contents you have posted.
9.2 You are not entitled to use the information and other contents made available in the Paper Submission System for any other than private purposes, in particular for commercial exploitation. Duplication of information provided in the Paper Submission System – even in extracts – is only permitted for personal use. Any other use requires the prior explicit written consent of the Fraunhofer IOF.
9.3 You grant Fraunhofer IOF free of charge a non-exclusive right of use, unlimited in space, time and content, in particular, to store the content on the server(s) of the Paper Submission System and for permanent public reproduction of the content in the Paper Submission System, either in whole or in part. Fraunhofer IOF is entitled to use, process and exploit the content at any time. This includes, in particular, the right of reproduction, the right of distribution and the right to make the content publicly available. The user waives the right to be named as the author.
9.4 If necessary for the use of the content according to the purposes described in paragraph 7.3, Fraunhofer IOF is entitled to transfer the rights granted to it to third parties and/or to grant similar rights of use to third parties in turn.
9.5 You represent and warrant that you are authorized to dispose of the rights granted under clause 7.3 above to the extent outlined in in these Terms of Conditions and that no third party rights to the content exist that conflict with your use under this agreement.
10. DURATION OF USE OF THE PAPER SUBMISSION SYSTEM; TERMINATION
10.1 The contract for use of the Paper Submission System is limited in time and can be terminated by either party at any time without notice and without giving reasons. If the user causes his profile to be deleted, this corresponds to the termination of the user contract. The same shall apply in the event of the complete discontinuation of the Paper Submission System (see Section 5.3 or Section 8.2).
10.2 The agreement on the use of the Paper Submission System shall otherwise end automatically and without further notice on 30.9.2020.
10.3 The parties are at liberty to terminate the contractual relationship for good cause. An important reason for extraordinary termination by Fraunhofer IOF is especially given if you violate essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contracting party may regularly rely. You are in breach of an essential contractual obligation in particular if
– gain access to the Paper Submission System contrary to the requirements of Sections 2.2, 2.4 and 2.6 or provide data contrary to Section 3.2,
– provide third parties with access to the Paper Submission System in violation of Section 3.3,
– upload content to the Paper Submission System contrary to the obligations in section 5.1,
– violate the other obligations of conduct set out in points 7.1 and 7.2.
10.4 In particular in the event of serious breaches of material contractual obligations (e.g. infringement of copyright or other property rights, infringement of personal rights or the posting of particularly offensive, defamatory or irreverent content), we are entitled to exclude you from using the portal with immediate effect and without prior notice and to delete the user profile including all data completely. We reserve the right to initiate civil and/or criminal proceedings, in particular, to claim damages and/or to file a criminal complaint.
11. EXCHANGE OR RETURN OF TICKETS
Return or exchange of the ticket is excluded. We reserve the right to return the ticket if the event is cancelled or postponed by Clauses 12.1 and 12.2.
11.1 POSTPONEMENT OF THE EVENT
If the event or venue is postponed, the ticket is valid for the postponed date or the new venue, regardless of the reasons for the postponement.
11.2 CANCELLATION OF THE EVENT
The ticket for a cancelled event must be returned by the ticket purchaser to Fraunhofer IOF (email@example.com) no later than 30 days after the original event date (September 26, 2020).
Upon receipt of the tickets, Fraunhofer IOF will credit the corresponding amount to the ticket purchaser’s account within four weeks. For this Fraunhofer IOF needs the following information: Bank/post office details (name, city), IBAN and account holder.
12. DATA PROTECTION
The use of the Paper Submission System makes the storage, use, and processing of your personal data by us unavoidable. We assure you that we will treat the stored data with care and use it exclusively to operate the Paper Submission System and for the Microoptics Conference 2020 in Jena. We will only use personal data beyond this purpose if this is legally permissible or you have given your prior consent. Further information on how we handle your personal data and detailed information on your rights in connection with the use of your data can be found in our data protection statement for the Fraunhofer IOF.
13.1 Unlimited liability: Fraunhofer-Gesellschaft e.V. for its Fraunhofer IOF is liable for intent and gross negligence. In cases of slight negligence Fraunhofer-Gesellschaft e.V. shall be liable for its Fraunhofer IOF by the German Product Liability Act, as well as for damages resulting from injury to life, body or health of persons.
13.2 Limitation of liability: Fraunhofer-Gesellschaft e.V. for its Fraunhofer IOF is only liable in cases of slight negligence
– in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligation) and
– limited in amount to the damages foreseeable and typical for the contract at the time of the conclusion of the contract.
13.3 This limitation of liability shall also apply to the benefit of Fraunhofer IOF’s vicarious agents.
If any actions taken by you in connection with the use of the Paper Submission System and/or any content you have entered into the Paper Submission System violate any legal provisions or rights of third parties, you shall indemnify and hold Fraunhofer-Gesellschaft e.V. harmless for its Fraunhofer IOF and its employees or agents from and against any claims of third parties arising therefrom and undertake to reimburse Fraunhofer-Gesellschaft e.V. for all costs incurred by Fraunhofer IOF in connection with such claims. The reimbursable costs include in particular the costs of an adequate legal defense, which Fraunhofer-Gesellschaft e.V. incurs for its Fraunhofer IOF in defending itself against third party claims. In this case, you will be informed immediately of any legal defense measures to be taken.
15. FINAL PROVISIONS
15.1 Should one or more provisions of these Terms of Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
15.2 Services shall be rendered exclusively based on these General Terms of Conditions unless Fraunhofer IOF has given its express written consent to the inclusion of your general terms and conditions.
15.3 The contractual language is English.
15.4 All claims arising from or in connection with this contractual relationship shall be governed by German law to the exclusion of the provisions of the United Nations Convention and Contracts for the International Sales of Goods (CISG), the so-called UN Sales Convention.
15.5 All amendments or additions to these Terms of Conditions must be made in text form (§ 126 b BGB). Changes to these Terms of Conditions by Fraunhofer IOF will be effective upon 28 days’ prior notice. Irrespective of which termination provisions are applicable at the time of the announcement according to these Terms of Conditions, the user has a special right of termination of his contract of sale in case of changes to these Terms of Conditions, which must be asserted within 14 days after receipt of the announcement.