1.1 ZF Friedrichshafen AG, Löwentaler Straße 20, 88046 Friedrichshafen, ("ZF") offers the user [*] ("user") the ZF Aftermarket Live Portal ("portal") at www.zfaftermarketlive.com. In this portal, the user can access video content and, if applicable, participate in conferences and use further contents and services provided by ZF in connection with virtual events ("event" in the singular).
2 Subject Matter of the Contract
2.1 The portal enables the user to obtain information about ZF products and services in connection with the event and to view and comment on video content. Certain user groups can also virtually participate in conferences in connection with the event. If the user is authorized to participate in conferences, the user will be informed of this separately. The functions of the portal are limited to the time of the respective event. This does not apply to the possibility to access video content or pages containing information on ZF products and services that are available for the entire term of this contract as per sub-paragraph 9.1.
2.2 To be able to make full use of the portal, the user must register in the portal and create a user account (" ZF Aftermarket Live account"). Registration for a ZF Aftermarket Live account is free of charge.
3 Conclusion of Contract; Registration
3.2 Before clicking the "Create account" button, the customer can cancel the registration process at any time or change the information provided by deleting, supplementing or correcting the information provided in the various fields or by simply closing the web browser and/or tab. Upon completion of the registration process, the customer can change the information provided in his/her personal customer account at any time.
3.3 Immediately after conclusion of the contract, ZF will send the user an e-mail to the address specified during registration and confirm the successfully completed registration ("confirmation e-mail "). This confirmation e-mail contains an activation link that allows the user to activate their ZF Aftermarket Live account (" conclusion of contract"). The activation of the ZF Aftermarket Live account marks the completion of the registration process and is mandatory.
4 Account Usage
4.1 All information provided by the user must be complete, accurate and truthful. The user shall keep all the information provided in their ZF Aftermarket Live account up to date.
4.2 The ZF Aftermarket Live account is a personal user account and therefore non-transferable. The user is not authorized to transfer the ZF Aftermarket Live account to third parties or to make their login data available to third parties.
4.3 The user shall keep the login data confidential. The user is obliged to inform ZF immediately if s/he has reason to suspect that his/her password has been disclosed to unauthorized third parties or that third parties have otherwise gained unauthorized access to it.
5 Use of the Portal; User Communication; Rights and Obligations of the User
5.1 The user can make passive use of the portal by participating in the event digitally and using the functions offered in the portal but not actively contributing. The user can also make active use of the portal by interacting with other users, ZF, or other stakeholders in the portal, in particular through user comments or chat (" user communication").
5.2 The user must not hinder or harass others using the portal, use the portal for purposes other than the intended purpose or use the portal in a way that disrupts or overloads the portal's technical processes.
5.3 When using the portal, the user has the following obligations:
b) It is the responsibility of the user to observe and comply with all applicable laws (in particular criminal, copyright, data protection and youth protection law) and other legal provisions.
c) The user may not pretend to be someone else while using the portal, e.g. a representative of ZF or a person responsible for the portal in other ways, or pretend to have a relationship with such persons if such a relationship does not in fact exist.
d) The user must not interfere with the portal or the servers or networks connected to the portal and thereby impair or interrupt the function of the portal, such servers or networks.
e) The user may not make publicly accessible or distribute content that contains programs or files that could damage the hardware or software of ZF or other users (e.g. viruses, worms, Trojan horses, etc.).
f) It is also inadmissible for the user to make content publicly available or to distribute it via e-mail or by any other means or to violate the rights of third parties, in particular patents, trademarks, copyrights, including the rights of photographers, filmmakers, composers and music performers, etc., business secrets or other property rights.
5.4 If the user communicates in the portal, in particular through participation in chats in connection with conferences or through comments, the following additional provisions shall apply:
a) User communication shall not include any content, such as texts, graphics, links or ASCII art, that violates laws, contains representations of violence, pornographic, discriminating, insulting, racist, hatred-inciting, defamatory or other unlawful content or representations, or violates third-party property rights, copyrights or any other third-party rights.
b) Neither may user communication contain any personal, private or confidential information, e.g., credit card information or information related to other means of payment, social security or alternative national identity numbers, non-public telephone numbers or non-public e-mail addresses, unless the user has obtained the required consent of the data subject(s) concerned.
c) The use of user communication options in the portal for commercial and political purposes, in particular for advertising purposes or for the purpose of formation of political opinion, is not permitted.
6 Right of Use
6.2 Excluded from the granting of rights are components of the portal that are, in a way that is recognizable to the user, subject to the rights of third parties and, in particular, open source licenses. In particular, such components that are disclosed by ZF in the portal as contents of third parties are considered to be recognizable.
The ZF Aftermarket Live account and the portal are made available to the user free of charge. In accordance with the applicable statutory provisions, ZF therefore only provides warranty if a defect and/or a mistake are deceitfully kept hidden.
8.1 The ZF Aftermarket Live account and the portal are made available to the user free of charge. ZF shall therefore only be liable for intent and gross negligence in accordance with the statutory provisions.
8.2 To the extent possible, the user shall regularly back up the data stored using the app.
9 Term; Termination
9.2 The statutory right to early termination without notice for good cause remains unaffected.
9.3 The parties agree that the following cases in particular represent good cause for ZF to terminate the contract:
c) The user violates the rights of third parties while using the portal.
10 Final Provisions
10.3 Place of jurisdiction. For (i) users who are merchants or legal entities under public law, (ii) users without a permanent place of residence in Germany at the time of the conclusion of the contract or who, after the conclusion of the contract, move their permanent place of residence to outside of Germany and (iii) users whose usual place of residence is unknown at the time legal action is taken, the exclusive place of jurisdiction shall be the headquarters of ZF. In all other cases, the place of jurisdiction shall be determined by the applicable general rules.
10.4 Mandatory consumer dispute resolution information. The European Commission offers consumers a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/ . ZF is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Version: July 29th, 2021
[*] The term user covers all sexes.