Fanomena GmbH (hereinafter known as: FANOMENA)
Tel.: +49 681 8449 2557
With the access to eventbaxx the sponsor receives the technical possibility and authorization to access a software application, which is hosted on a server by a third party, via telecommunication and to upload the own contents to the software application within the scope of this contract.
3.1 eventbaxx is a web-based software-as-a-service product. eventbaxx enables organizers of all types and sizes to share their offers, actions and information digitally (mobile) with the event visitor/participant (user) in the form of a personalized microsite.
3.2 A login system gives the sponsor access to personalized microsites and allows them to set up and manage their products. Users have web-based access to the personalized microsite and can read, use and redeem the sponsored offers, promotions and information.
3.3 With eventbaxx the sponsor can sponsor events of his choice that have declared to FANOMENA their willingness to sponsor in a category to which the sponsor belongs. In this case, the concrete sponsoring contract will be concluded with FANOMENA via eventbaxx. The sponsor submits a concrete and binding sponsoring offer for an event through eventbaxx, which can be accepted by FANOMENA. Fanomena will accept the offer to conclude a concrete sponsoring contract either by express declaration in text form or by advertising the personalized microsite released by the sponsor according to the concrete sponsoring contract.
3.4 FANOMENA will invoice the sponsor for the services rendered within the scope of the sponsoring contract. For its part, FANOMENA will conclude sponsoring agreements with the providers of the sponsored events.
4.3 If the contractual use of eventbaxx is impaired without fault of FANOMENA by patent rights of third parties, then FANOMENA is entitled to refuse the achievements concerned by this, without the sponsor is entitled in this respect a fulfilment requirement. FANOMENA will inform the sponsor immediately and allow him access to his data in an appropriate manner. Other claims or rights of the sponsor remain unaffected.
5.1 Both parties shall observe the applicable provisions of data protection law, in particular those applicable in Germany (EU Data Protection Basic Regulation, BDSG New), and shall oblige their employees employed in connection with the contract to maintain data secrecy and confidentiality, unless they are already under a general obligation to do so.
5.2 If necessary, the Parties shall conclude the necessary contract for the processing of personal data on behalf of the Sponsor (contract processing agreement pursuant to Art. 28 DSGVO) separately and attach it to the contractual documents.
6.1 The sponsor shall fulfil the obligations incumbent upon him for the performance and execution of the sponsoring contract. In particular
6.1.1 protect the assigned user and access authorisations as well as identification and authentication backups against access by third parties and do not pass them on to unauthorised users;
6.1.2 ensure that all industrial property rights and copyrights are observed (e.g. when transferring texts and data from third parties to FANOMENA's servers);
6.1.3 to obtain the necessary consent of the person concerned in each case, insofar as he collects, processes or uses personal data within the scope of the use of his contents on a personalized microsite and no legal basis for permission intervenes;
6.1.4 eventbaxx does not misuse or allow to be used, in particular does not transmit information offers with illegal or immoral contents or refer to such information, which serve the incitement of the people, lead to criminal offences or glorify or trivialize violence, are sexually offensive or pornographic, are suitable to endanger children or adolescents morally or to impair their welfare or can damage the reputation of FANOMENA;
6.1.5 refrain from attempting to access or interfere with any information or data unauthorised by FANOMENA or any unauthorised third party, or to interfere or cause to interfere with any programs operated by FANOMENA, or to interfere or cause to interfere with any unauthorised data networks operated by FANOMENA;
6.1.6 not misuse the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (spamming);
6.1.7 FANOMENA from all claims of third parties, which are based on an illegal use of eventbaxx by him or with his approval or which result in particular from data protection, copyright or other legal disputes, which are connected with the use of eventbaxx. If the sponsor recognizes or must recognize that such a violation threatens, the obligation exists to inform FANOMENA immediately;
6.1.8 back up the data transmitted to FANOMENA on a regular basis and in accordance with the risks involved, but at least once a day, and make its own backup copies in order to ensure that the data and information can be reconstructed in the event of loss;
6.1.9 Before sending data and information, check them for viruses and use state-of-the-art virus protection programmes;
to secure its data stocks available in the system by download until the termination of the eventbaxx contract, since after termination of the contract no access to these data stocks is possible any more by the sponsor.
Access to eventbaxx is via telecommunication. Prerequisites for the use of eventbaxx are:
The provision of these prerequisites as well as the telecommunication services including the transmission services from the service transfer point to the equipment used by the sponsor are not the subject of this contract, but are the responsibility of the sponsor.
7.1 FANOMENA is entitled to block access to eventbaxx and its data in case of illegal violation of one of the essential obligations stipulated in this contract by the sponsor, especially in case of violation of the obligations specified in § 6.1.4 - 6.1.6. Access will only be restored when the violation of the relevant essential duty has been permanently eliminated or the risk of repetition has been ensured by submitting an appropriate and punishable cease-and-desist declaration to FANOMENA.
7.2 FANOMENA is entitled to delete the affected data in case of a violation of § 6.1.4 - 6.1.6.
7.3 If in the cases of § 7.1 and § 7.2 there is a culpable violation on the part of the sponsor, the sponsor is obliged to pay damages amounting to 10,000.00 €. Compensation shall be higher or lower if FANOMENA proves higher damage or the Sponsor proves lower damage; the Sponsor may also prove that no damage exists. FANOMENA reserves the right to assert other claims for damages.
7.4 In the event of an unlawful breach of the obligations set out in § 6.1.4 - 6.1.6 by a user authorized by the Sponsor, the Customer must immediately provide FANOMENA with all information required to assert the claims against the user, in particular the user's name and address.
8.1 FANOMENA shall be fully liable to the Sponsor for all damages caused by intent or gross negligence on the part of the Sponsor, its legal representatives or vicarious agents.
8.2 In the event of slight negligence, FANOMENA shall have unlimited liability in the event of injury to life, limb or health. Otherwise, FANOMENA shall only be liable if FANOMENA has violated an essential contractual obligation (cardinal obligation). In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage. In addition and with priority, FANOMENA's liability for slight negligence for damages and reimbursement of expenses - irrespective of the legal basis - is excluded in total. Liability pursuant to 8.1 and 8.2 sentence 1 shall remain unaffected by this paragraph.
8.3 The strict liability of FANOMENA for damages (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded. This shall not affect § 8.1 and 8.2.
8.4 Liability in accordance with the provisions of the Product Liability Act shall remain unaffected.
9.1 FANOMENA is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after conclusion of the contract.
9.2 Circumstances of force majeure include war, strikes, riots, expropriations, cardinal legal changes, storms, floods and other natural catastrophes as well as other events of force majeure.
9.3 Each party shall immediately inform the other party in writing of the occurrence of a case of force majeure.
10.1 The contract shall come into force at the beginning of the agreed contract period and may be terminated by either party at any time by giving 14 days' notice.
10.2 The right to terminate the contract for good cause shall remain unaffected.
10.3 Notice of termination must be given in writing.
11.1 The Sponsor may transfer the rights and obligations under this Agreement to third parties only with the prior written consent of FANOMENA.
11.2 The contractual relationship shall be governed by German law. The place of jurisdiction is Saarbrücken.