For users who registered with www.medizinische-kongresse.de before 01 July 2009 and who were transferred to www.my-medical-education.com, these general terms and conditions form the basis of the contract between user and the operator.
I. Registration and User Authorisation
1. In order to be able to access the functions of www.my-medical-education.com, the user must first register with www.my-medical-education.com. There is, however, no automatic right to registration. All users must be at least 18 years of age.
2. Registration is possible only if all mandatory fields are filled in completely. The user is obliged to fill in all fields truthfully and accurately and, in particular, to give his or her correct name. Multiple registrations are not permitted. The accuracy of information provided by the user will not in general be checked by the operator but the operator reserves the right to check information in individual cases and, if necessary, to request corresponding documentation from the user.
3. On registering, users have the option of entering their names in our database as speakers and presenters. Only users who are entered in our database as speakers and presenters may be listed as such for presentations at events and subsequently reviewed. Users who voluntarily register their names as speakers and presenters agree to their names appearing on the list of speakers and presenters and therefore also consent to being reviewed.
4. The user is obliged to keep his or her password secret and undertakes not to reveal it to a third party. If a user has reasonable grounds for suspicion that there is a risk that a third party has gained knowledge of his or her password or is using it, the user is obliged to change his or her password forthwith or to immediately inform the operator. If the operator has reasonable grounds for similar suspicion, the operator is entitled to cancel the user's password. The operator will inform the user and allow him or her to set up a new password.
II. Terminating User Authorisation
1. The user may terminate his or her membership by e-mail or in writing at any time. Ordinarily the operator is entitled to terminate the contract with the user within a period of two weeks.
3. The user does not have the right to the release of or return of content posted by him or her. In the event of the termination of a user's authorisation the operator
- will irretrievably delete the user's profile page
Naturally the user can no longer avail him- or herself of the possibilities www.my-medical-education.com provides for contacting other users of www.my-medical-education.com. www.my-medical-education.com does not allow the user to export his or her saved network of contacts for any other form of use. In the event of an extraordinary termination by the operator, the user is furthermore permanently excluded from the use of www.my-medical-education.com unless express permission is given by the operator; in all other instances a renewal of his or her registration is not permitted.
4. In the event of the user's death, the operator is entitled to delete his or her profile page. The dead user's heir may also request a deletion.
III. The Portal and the Services of www.my-medical-education.com
1. www.my-medical-education.com is a telemedia service offered by the operator free of charge. It allows its users to find and receive updates on medical training events. To this end, each user registers her or her profile and can access the events database free of charge and add to it with his or her own entries. The operator reserves the right to, at a later date, provide users with services which are liable to a fee.
2. The services offered by www.my-medical-education.com are constantly being expanded and developed, i.e. new functions may be introduced and/or existing functions may be removed at any time. The operator takes every care to notify the user by e-mail of the projected removal of any major functions prior to the event.
3. The operator furthermore takes every care to ensure a high level of availability and reliability of service on www.my-medical-education.com. At the same time, www.my-medical-education.com lays no claim to continuous availability. In individual cases technical problems, maintenance work, unusually high levels of user traffic or other external causes may lead to system drop-outs which can negatively impact on the availability of the service. In the event of lengthier maintenance work or major disruptions to the service, the operator will inform the user of his or her options and will notify him or her as early as possible as to the extent and duration of interruptions to the service by a message on their personal home page or some other means.
4. The operator takes every care to provide a high level of information, inasmuch as it is available. No guarantee is given that the operator or the training event organisers have provided completely comprehensive information on any one event. We therefore recommend that, prior to attending an event, you seek information from the training event organiser or relevant persons in charge as to any changes to the programme, event organiser or date or as to any other changes.
6. All information relating to event organisers and event locations added to the database when registering a new event is saved in the system and from that point on becomes accessible to other users. The operator makes no claims as to the completeness of the information given.
7. Registered users may furthermore maintain their own user profile as well as that of their company, add contacts to their profile, send and receive messages, comment on training events, review and/or recommend them, form groups or group conversations and participate in them, write a blog, etc.
8. The user may furthermore take part in the operator's incentive programme. In this programme the user collects points (his or her "score") which he or she earns through various activities on www.my-medical-education.com and which he or she can redeem for rewards ("incentives").
The user's account will be credited with points on completion of each activity. The user can redeem his or her points on reaching the score necessary to redeem one incentive or several incentives. The user can select one or several of the incentives offered by the operator. The operator is not obliged to award the user certain incentives; their redemption is contingent on the availability of the incentives selected by the user as well as on the discretion of the operator.
The operator expressly reserves the right to regulate the incentive programme further at a later date by laying down separate programme terms and conditions for its use.
IV. Responsibility for Posted Content and Banned Content
1. The user is solely responsible for the content posted by him or her as well as for his or her public and non-public communication with others. The user is obliged to respect the rights and interests and, in particular, the personal rights of other users and third parties.
2. The user undertakes not to post any content which contravenes legal requirements or violates public decency on www.my-medical-education.com or, in particular, on his or her profile page or in his or her review of speakers and presenters. In this instance it is irrelevant whether such content has been distributed in communicating with one user or several other users or has been posted on the user's profile page. It is also irrelevant whether such content is directed at other users of www.my-medical-education.com or at www.my-medical-education.com staff or at any other persons or companies. Cross-references to such content, such as hyperlinks, are also inadmissible. Any of the following content, most particularly, is forbidden:
- Illegal content of any sort; including, in particular, the posting of works protected by copyright without the user possessing the requisite rights to do so, the posting of pictures of third parties without their consent and the contravention of privacy rights
- The representation of violence and drug abuse
- Pornographic content
- Content which contravenes § 4, Paragraph 2 of the Treaty governing the Protection of Minors in the Media (JMStV) or content considered harmful to the development of children according to § 5 JMStV
- The representation of radical views of a political, religious or ideological nature (in particular the use of symbols or signs indicating such beliefs and attitudes)
- Content which is threatening, racist, defamatory, false, abusive, harassing, offensive or which glorifies violence
- Content which offends standard public moral decency.
3. The presenter review offers the chance to give a fair appraisal of speakers and presenters. In your review, consider the expectations you had of the presenter. Be realistic and consider the reputation and the good name of the person involved.
If you should have problems with a speaker or presenter, we recommend that you look for a direct solution. Do not use the review to let off steam
4. The user is responsible for ensuring that the content posted by him or her on www.my-medical-education.com is free of viruses, worms, Trojans or other programmes which could endanger or harm the integrity, functionality or fabric of www.my-medical-education.com. The same applies to the security and integrity of the data and appliances of other users and of the operator.
5. The user is obliged to check whether the above conditions have been observed before posting content on www.my-medical-education.com.
V. The Blocking of Content and Damages Payable by the User
In deciding which measure to take, the operator will take into consideration the rightful interests of the user as well as the severity of the offence. In order to avoid the repetition of such offences, the operator is further entitled to apply technical measures (for example, word filters).
2. The user is obliged to compensate the operator for damages that the operator has incurred as a result of the user's breach of his or her duties, unless the user cannot be held responsible for a breach of duty.
VI. Use of Content by the Operator and the Rights of Third Parties
1. The user acknowledges that the content posted by him or her for third parties will be made publicly accessible, reproduced and distributed via www.my-medical-education.com and, in particular, will be retrieved and downloaded on suitable electronic devices (e.g. personal computers, laptops, mobile phones, smartphones etc). This allows third parties to use and reproduce material in a way which cannot be controlled by the user and, where applicable, the operator.
2. The user further acknowledges that he or she is posting his or her content on a platform which contains various types of advertising. This includes, in particular, local advertising and targeted advertising. Finally, the user acknowledges that his or her content may be subject to technical modification for posting on www.my-medical-education.com.
3. The operator is not responsible for the uses made of www.my-medical-education.com by other users or other third parties..
4. The user grants the operator the right of use to the content posted by him or her without restriction to time or content.
The user grants the operator, in particular, the right to use the content posted by the user to advertise www.my-medical-education.com, e.g. on third-party websites or in other applications (including mobile applications), in the print media, on TV or in other media. The user also consents, in particular, to the operator processing and altering the content posted by him or her to this purpose.
Furthermore, the user grants the operator the right, in particular, to use his or her content in other media such as in print and on TV; this includes, for example, the use of his or her images and text in the print edition of the operator's reference guides. In this context the user also consents to the operator's processing and altering content posted by the user, that is, to the touching up or other processing of the user's images in order, for example, to illustrate a description of events in print versions.
5. The user is responsible for ensuring that in the posting of his or her content the rights of third parties, in particular the personal rights, copyright and related rights and all other rights, are not violated. The user is obliged to check with all due care that the posting of content on www.my-medical-education.com does not violate the rights of third parties before posting content.
VII. Reporting Legal Infringements
1. Visitors to and users of www.my-medical-education.com can use the contact form to report content posted by users which infringes their copyright or other proprietary rights or violates their personal rights. To be able to pursue an alleged infringement the operator must receive complete and correct information.
VIII. The Operator's Proprietary Rights
All the trademark and other proprietary rights of content posted by both web page operators and users on www.my-medical-education.com and all other brand marks belong solely to the operator and may not be used without the prior written consent of the operator. No kind of software used on the website may be copied, decompiled or otherwise changed unless the operator gives express permission. On registering the user agrees to the above and undertakes not to infringe it in any way.
IX. Liability of the Operator
1. The operator is liable only for any damages which result from deliberate or grossly negligent breaches of contract as well as for damages which arise from minor negligent violations of fundamental contractual obligations. In the event of the latter, the liability of the operator is limited to damages that were reasonably foreseeable at the conclusion of the contract. The liability of the operator for damages to life, limb or health as well as liability according to German Product Liability Law still applies.
2. All claims for damages against the operator become time-barred after a period of 12 months after their starting date. Excluded from this are all claims which are based on a deliberate or impermissible act as well as on acts which are liable according to German Product Liability Law.
3. The aforementioned limits on the period of liability apply also to companies associated with the operator as well as to the personal liability of employees, representatives, partners and assistants of the operator and/or of companies associated with the operator.
4. The content of our website was produced by us and by users with the greatest of care. However, we take no responsibility for the correctness, completeness and currency of the content.
5. As a service provider, as per § 7 Abs. 1 TMG, we are responsible for all published content on this website in accordance with general legislation. As a service provider, as per §§ 8 to 10 TMG, we are not, however, obliged to monitor third-party information sent to or stored on our website or to search for circumstances that might indicate any unlawful activities. Our obligation to remove or block the use of information in accordance with general legislation remains unaffected by this. Liability in this respect is, however, only possible from the time of knowledge of a concrete infringement. On gaining knowledge of any such legal infringements we will promptly remove this content.
6. In spite of careful content control, we accept no liability for the content of external links. The operator expressly dissociates itself from the contents of these websites and does not adopt the contents as its own; the content of linked pages is the sole responsibility of their operators.
Further to this, in some cases comments made in connection with presentations are put online. For security reasons these comments are hosted and put online only after proofreading.
X. Right of Amendment
XI. Applicable Law and Place of Jurisdiction
XII. Severability Clause
Neu-Isenburg. October 2010,
WEFRA Publishing Gesellschaft für Print- und Online-Medien mbH