1.1 The ITB China Internet Platform (hereinafter called the "Website") shall serve to provide general information to users and to establish contacts both between MB Exhibitions (Shanghai) Co., Ltd. (hereinafter called “MBE”) and users or Exhibitors, respectively, and between Exhibitors and users. MBE shall provide information on the company MBE and on the programme of individual trade fairs as well as general organisational information of interest in connection with a planned or upcoming trade fair. In addition, information on individual Exhibitors at a Virtual Trade Fair shall also be retrievable, where this is offered for the relevant trade fair.
1.2 It shall not be possible to conclude agreements with Exhibitors at the Virtual Trade Fair via the Website. The conclusion of agreements with MBE via the Website, in particular concerning stand registrations, shall only be possible where explicit reference is made to this facility on the Website.
2. Information available
The user shall be able to retrieve three different types of information from the Website:
2.1 Information on MBE, general organisational questions concerning all trade fairs, dates of individual trade fairs as well as general information on the programme of a particular trade fair.
2.2. Information which Exhibitors have supplied about themselves to MBE and which, during a Virtual Trade Fair, they shall maintain at the MBE’s Website. This is information from an external source for which MBE shall accept no responsibility.
2.3. Information which may only be accessed by the user by selecting a hyperlink. This information, which is not saved at MBE Website (www.itb-china.com), is information from an external source to which MBE shall merely provide access. On accessing these pages, the user leaves MBE Internet service.
3. Rights to the Virtual Market Place®
3.1 MBE shall have the exclusive right to duplicate, distribute and publicly reproduce the entire Virtual Trade Fair or, depending on type and size, a significant part thereof.
3.2 The user shall not be entitled to any proprietary rights, rights of exploitation or rights of use and enjoyment with reference to the Virtual Trade Fair.
4. Provision of the service
The information service shall be supplied to the user free of charge. The user shall have no claims to uninterrupted access to MBE’s Internet service wholly or in part in this or any other form. MBE shall not be obliged to inform the user of any interruptions.
5.1 Information obtained from an external source and placed on the Website on behalf of the Exhibitor as part of the Virtual Trade Fair, shall be the responsibility of MBE only where it has knowledge of this information and where use of this information can be technically and admissibly prevented by MBE. MBE is not aware of any infringement of rights by the information from an external source on its Website.
5.2 MBE shall not be responsible for information from an external source to which it merely provides access. This shall apply in particular to information which can be accessed by selecting a hyperlink. The inclusion of a hyperlink on MBE’s Website shall be no indication that MBE has verified the contents of the linked website. MBE expressly dissociates itself from the contents of linked websites.
6. Data protection
Use of MBE’s information service may, if necessary, require the storage of users' data. The processing of users' data shall solely serve to enable utilisation by the user of the information service. The data shall be deleted immediately following termination of use. MBE shall not forward this data to third parties, unless the user has expressly consented to the forwarding of such information. Where a particular use of the homepage requires the forwarding or other processing of the user's information, the user's consent shall be requested at that time.
7.1 Disputes arising from or in connection with this agreement shall be exclusively subject to the laws of the Federal Republic of Germany.
7.2 Place of jurisdiction shall, at the election of the plaintiff, either be Berlin or the general place of jurisdiction of the defendant.
7.3 Should any provision of this agreement be or become invalid this shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. In the event of a dispute any invalid provision is to be replaced by the legally effective provision which comes closest to the contents of the invalid provision and which most closely correspond to the parties' economic interests in the invalid provision.