Therme Art Program
Terms and conditions
WELLBEING CULTURE FORUM
TERMS & CONDITIONS FOR ATTENDANCE AND PARTICIPATION
1. Basic Conditions
These are the terms (the “Agreement”) that govern Your attendance and/or participation at the Wellbeing Culture Forum or at the Therme Forum event (the “Forum”).
By registering for the Forum, You are agreeing to these terms, which form a legal contract between Therme Art GmbH, Erkelenzdamm 5, 10999 Berlin (“Therme Art”), who is hosting the Forum, and the registered attendee and/or participant (“You”). If You are registering on behalf of another, it is Your responsibility to ensure that the person attending is aware of these terms and accepts them; by completing the registration, You are warranting that You have made the attendee aware of these terms and that they have accepted them.
For the avoidance of doubt, to the extent You have a partnership or other cooperation agreement in place with Therme Art, the conditions of such agreement shall remain unaffected.
To participate in a Forum online, You may require to configure the software settings on Your web-device upon first use or to download the software for Your operating system. Software can be manually downloaded by visiting zoom.us. Please note that You may require administrator privileges on Your computer to be able to manually install software.
Forums may be public (“Public Forum”) or private (“Private Forum”). You will be informed upon invitation and registration which of these types of Forum You are about to attend.
2. Forum Admission
2.1 Admittance: Your registration entitles You to admittance to the Forum. Any and all other costs associated with Your attendance (including without limitation any software expenses) shall be borne solely by You and Therme Art shall have no liability for such costs.
2.2 Termination: You acknowledge that Therme Art reserves the right to request Your removal from the Forum if Therme Art, in its due discretion, considers Your presence and/or behaviour to create a disruption or to hinder the Forum and/or the enjoyment of the Forum by other attendees or speakers.
2.3 Forum Content: You acknowledge and agree that Therme Art reserves the right to change some aspects of the Forum, including but not limited to, the Forum name, themes, content, program, speakers, performers, hosts, moderators, venue and time, as long as the overall character of the event is preserved.
3. License and Consent to Processing
The virtual Forum facility includes a feature that allows audio and any documents and other materials exchanged or viewed during the session to be recorded. By registering to the Forum, You acknowledge and consent to grant Therme Art for the purposes of documentation and publication the right at the Forum to record, film, photograph or capture Your likeness in any media now available and hereafter developed and to distribute, broadcast or stream on the Internet or via live streaming applications including but not limited to Facebook Live, or Instagram Live, in whole or in partial use or otherwise globally to disseminate, in perpetuity, such media without any further approval from You or any payment to You. This grant to Therme Art includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media. When using the internet and social media to publish the recordings, personal data might be transferred into countries outside the European Economic Area. In that event, Your rights will be safeguarded by an adequacy decision of the European Commission or by closing EU Standard Contractual Clauses with the recipients of the personal data. The legal basis for the associated data processing is Art. 6 (1) (a) EU General Data Protection Regulation 2016/679 (GDPR). You can withdraw Your consent to the associated processing at any time by informing us. However, it is appreciated if You contact Therme Art in good time prior to the web-event date in case you want to withdraw Your consent to the recording. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
4. Intellectual Property
4.1 Intellectual property rights in and to the Forum, the Forum content and all materials distributed at or in connection with the Forum are owned by Therme Art, its parent company Therme Group RHTG AG and/or the Forum partners or speakers presenting at the Forum. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation “Therme Art,” “Wellbeing Culture Forum,” “Wellbeing City” , “Therme Forum” and “WCF”) or other trade names appearing at the Forum, in any Forum content and/or in any materials distributed at or in connection with the Forum for any reason without the prior written permission of Therme Art.
4.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in You any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under licence by Therme Art or any of its affiliates or grant to You any right or licence to any other intellectual property rights of Therme Art or its affiliates, all of which shall at all times remain the exclusive property of Therme Art and its affiliates.
4.3 Therme Art applies restrictions on recording the proceedings of the Forum including, but are not limited to, the usage of audio recording, video recording, and photography by panellists or attendees.
5. Limitation of Liability
5.1 You acknowledge and agree that views expressed by speakers at or in connection with a Forum we organise are their own and we do not accept any responsibility or liability for any advice given or views expressed during or in connection with a Forum. Materials shared or distributed at or in connection with an event are intended for information purposes only and should not be relied upon by You or others. We and our related companies do not provide any guarantees, conditions or warranties that the materials are complete or accurate and do not accept any responsibility or liability for reliance by You or any person on any aspect of the Forum and/or any information provided at the Forum.
5.2 We and our related companies shall not be liable to You whether in contract, tort (including for negligence), misrepresentation, restitution or otherwise for any loss of profits; loss of agreements or contracts; loss of sales or business; loss of anticipated savings; loss of income; loss of opportunity; loss of or damage to goodwill; loss of use or corruption of software, data or information; and/or similar losses or pure economic loss, or for indirect or consequential loss, costs, damages, charges or expenses arising under or in connection with the performance or contemplated performance of the Terms (i.e. loss, costs, damages, charges or expenses that do not arise directly through the breach of duty but rather only through the occurrence of further indirect causal events, or are not foreseeable for the contracting parties at the date of the conclusion of the Agreement according to the course of events which is typically to be expected).
5.3 Subject to the above paragraph, our total aggregate liability in contract, tort (including negligence), misrepresentation, restitution or otherwise, arising under or in connection with the performance or contemplated performance of the Terms is limited to the total amount paid by You to us for Your ticket to attend the Forum.
5.4 Nothing in these Terms excludes or limits liability of either Party for:
(a) Injury to life, body or health;
(b) Intentional or grossly negligent conduct;
(c) breach of essential contractual obligations (Kardinalspflichten), i.e. those whose fulfilment is necessary to achieve the purpose of the contract, unless liability be limited to foreseeable damages;
(d) fraudulent statements or acts.
6. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the city of Berlin and the parties shall submit to the exclusive jurisdiction of Berlin courts.
7. General Content Terms
If one or more of the conditions outlined in this Agreement should become invalid, the remaining conditions will continue to be valid and apply. This Agreement applies to all Forum participants (attendees, speakers, partners, sponsors).
The views expressed by any Forum attendee, speaker, partner, or sponsor are not necessarily those of Therme Art. All attendees, speakers, partners, and sponsors are solely responsible for the content of all individual or corporation presentations, marketing collateral, and/or advertising.
All information shared during a Private Forum by Therme Art or any participant to that respective Forum is confidential (“Confidential Information”). You will undertake to keep the Confidential Information secret and not to disclose Confidential Information to third parties. The foregoing confidentiality obligation shall be legally binding for You in perpetuity. For the avoidance of doubt, this foregoing confidentiality obligation shall not apply in the event of a Public Forum.
The obligations to maintain confidentiality do not apply to Confidential Information
• available to the general public at the time of disclosure or Confidential Information which became available to the general public thereafter;
• disclosed to You by a third party without any obligation of confidentiality,
• already in the possession of or known to You at the time of disclosure;
• developed independently of the Confidential Information by You; or
• if and to the extent You are obliged under an act or by decision of a court or administrative authority to disclose Confidential Information and/or to inform about it.
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