TERMS OF USE for 3Ready+
With the following Terms of Use, 3 Screen Solutions GmbH ("3SS") regulates the legal framework for the use of the 3Ready+ platform by the corresponding registered users ("Users"). 3SS and User are each also referred to as a "Party" and jointly as "Parties".
1. Platform
1.1 3SS provides the 3Ready+ customer platform ("Platform"), which offers customers an exclusive ecosystem of news and updates, industry insights, webinars, white papers, community area, events, sharing opportunities and learning materials.
1.2 These Terms of Use govern the legal relationship between 3SS and User with respect to the use of the Platform and the services offered by 3SS on the Platform (the latter "Operator Services").
1.3 3SS undertakes to provide the User with those Operator Services in accordance with these Terms of Participation which the Parties have agreed in a procedure provided for in the Platform.
2. Registration and User Account
2.1 3SS and the User conclude the contract on the use of the Platform in accordance with these Terms of Use ("Contract") by the User giving his consent to the Terms of Use electronically upon registration and 3SS confirming the registration and opening a user account.
2.2 The opening of a user account is a prerequisite for using the platform and obtaining the Operator Services. Registration is open to any natural or legal person and any other legal entity, unless they are consumers within the meaning of § 13 BGB (German Civil Code). The registration and opening of the user account may be carried out by a named, authorized natural person.
2.3 The User is obliged to provide the data requested during registration ("Registration Data") completely and correctly. Changes must be communicated immediately or made in the user account.
2.4 The User must keep passwords and other information for the use of his digital identity secret and carefully secure access to his/her user account. She/He is obligated to inform 3SS immediately if she/he has any indication that an unauthorized third party has access to her/his user account. All declarations made via the user account are attributed to the user. This does not apply if the recipient of the declaration was able to recognize a possible misuse of the user account. If the user could not recognize an unauthorized use of his account, his liability is limited to the interest of trust.
2.5 3SS reserves the right to delete user accounts of incomplete or incorrect registrations after a reasonable period of time. The same applies to user accounts that have not been used for a longer period of time. Before deleting such a user account, 3SS shall inform the user in due time. If the user completes or corrects his registration or resumes the use of 3SS services in due time, the deletion shall not take effect.
2.6 Each User may only create one user profile. The User may not allow third parties to use his own user profile.
3. Services of 3SS
3.1. Availability of 3Ready+ at all times is not owed. Technical malfunctions cannot be ruled out, regardless of whether we are responsible for them. In particular, Users must expect limitations in availability outside our sphere of influence due to disruptions in data transmission in the participating subnetworks of the Internet.
3.2 In order to protect our systems as well as third parties from harmful programs and content such as viruses, Trojans or spam e-mails, we may use technical protection measures. This includes, but is not limited to, the use of filter systems, to the extent that such a filter system is appropriate, in particular to protect the telecommunication and data processing systems.
3.3 3SS reserves the right to change or expand the content and structure of the platform as well as the associated user interfaces if this does not or not significantly impair the fulfillment of the purpose of the contract concluded with the user. 3SS shall inform the Users about the changes accordingly.
4. Liability of 3SS as platform operator
4.1 3SS shall be liable without limitation for intent and gross negligence, but for slight negligence only in the event of a breach of material contractual obligations. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for the contract, the occurrence of which 3SS had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time.
4.2 3SS shall not assume any liability for disruptions within the line network for which 3SS is not responsible.
4.3 Liability shall not extend to impairments of the contractual use of the services provided by 3SS on the platform caused by improper or incorrect use by the User.
4.4 As far as the platform offers the possibility of forwarding to databases, websites or other services of third parties, e.g. by setting links or hyperlinks, 3SS shall neither be liable for the accessibility, existence or security of these databases or services nor for the content thereof. In particular, 3SS shall not be liable for the legality, correctness, completeness, up-to-dateness, etc. of the content.
4.5 The above limitations of liability shall also apply mutatis mutandis to the benefit of the vicarious agents of 3SS.
5. Duties of the User
5.1 The User shall be obliged to use the Operator Services properly and to refrain from any use for improper and/or unlawful purposes; in particular, the User shall
5.1.1 not to upload, store or make available to others on the Platform any data, data collections, databases or software functions which (i) contain malware or otherwise do not meet the technical requirements for the use of the Services, or (ii) infringe any intellectual property rights or trade secrets of third parties;
5.1.2 to use the Operator Services in a manner that substantially restricts or prevents the use of those services by other Users;
5.1.3 not to post any criminal, immoral, inflammatory, defamatory or otherwise illegal content on the platform and/or make it available to other users;
5.1.4 not to reproduce, distribute or make available outside the platform the materials provided by 3SS or other Users (in particular texts, documents, images, presentations, etc.) without their prior consent.
5.1.5 to refrain from all actions that endanger or disrupt the functioning of 3READy+, and not to access data to which he is not entitled to access.
5.2 In the event of a violation of section 5.1, 3SS is entitled to block inadmissible content or content objected to by third parties or to block the user account to a reasonable extent from further use until the facts of the matter have been clarified. In the event of significant breaches of duty, 3SS shall be entitled to terminate the User's contract without notice.
5.3 3SS expressly reserves the right to assert further claims.
6. Rights of Use of 3SS to User Data
6.1 The User grants 3SS the simple, non-exclusive, spatially unrestricted, non-transferable right to use the data, data collections and/or databases and software functionalities, including the respective metadata, posted by him in the context of his use of the Services for the purpose of ensuring the technical processes, IT and cyber security and flawless usability of 3SS Services by the User and to improve the Operator Services, as well as to develop new functionalities of 3SS Services.
6.2 The right of use is limited to the term of the contract; the use of the resulting changes and improvements to the 3SS Services and other results, insofar as they do not affect the User's business secrets, is not subject to any time limit.
7. Indemnification of 3SS from Claims of Third Parties
7.1 If a third party asserts against 3SS that the contents posted by the User infringe its industrial property rights or other rights, the User shall be obliged to indemnify the 3SS against all asserted claims, unless the User is not responsible for the respective infringement of industrial property rights or other rights.
7.2 3SS shall inform the User immediately and comprehensively of the assertion of the claim in question and shall grant the User sole control and decision-making authority over the legal defense and the conduct of settlement negotiations and, at the User's request, shall provide the User with all reasonable assistance in this regard.
7.3 The provisions of Section 10 shall apply to the claim for indemnification.
8. Term, Termination
The contract is valid for an indefinite period of time and can be terminated by either party at any time. The user can terminate by deleting his user account. 3SS is entitled to terminate the contract by e-mail.
9 Data Protection
9.1 The User shall ensure that all personal data, which she/he provides to other users in the context of the use of 3Ready+, may be properly collected and processed within the framework of the Operator Services by her/him as the responsible party in accordance with the GDPR.
9.2 Our privacy can be found here.
10. Final Provisions
10.1 Amendments to these Terms of Use shall be notified by 3SS to the Users by e-mail within a reasonable and proportionate period of time. The changes shall be valid within the period specified in our notification, but not earlier than 15 days after receipt by the User.
10.2. The active use of our offers prior to the expiry of the time limit shall be considered as a clear confirmatory act by which the time limit is waived, except in cases where the reasonable and proportionate time limit is more than 15 days because the User has to make significant technical adjustments due to the changes in the Terms of Use. In such cases, the use of our offers does not automatically constitute a waiver of the deadline.
10.3. The time limit for the entry into force of the adjusted Terms of Use shall be dispensable if:
10.3.1. we must make changes due to legal or regulatory obligations in a manner that does not allow us to comply with the 15-day period under Section 10.1 of these Terms of Use, or
10.3.2. in exceptional circumstances we need to change terms and conditions to avert an unforeseen and imminent danger in order to protect the Operator Services from fraud, malware, spam, breaches of data protection or other cyber security risks.
10.3 The law of the Federal Republic of Germany applies to these Terms of Use.
10.4 The exclusive place of jurisdiction is the court responsible for the registered office of 3SS.
10.5 If individual provisions of these Terms of Use are or become invalid and/or contradict the statutory provisions, the validity of the other Terms of Use shall not be affected thereby. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a provision which comes closest to the economic purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.
