Terms & Conditions
General Terms and Conditions for OMR Events & OMR Reviews
(B). OMR Reviews
The following terms and conditions apply to all ticket purchased from Ramp 106 GmbH, Lagerstraße 36, 20357 Hamburg, Germany (hereinafter “Organizer”) by visitors within the scope of events held by Online Marketing Rockstars.
2 Ticket Orders / Masterclasses Applications
Depending on availability, tickets may be purchased for the Expo, Conference, parties or additional events by the Organizer.
For Masterclasses there is an additional application process required. The Organizer shall, along with the party responsible for content at the respective Masterclasses (Speaker), select attendees from the pool of applicants. To this end, the Organizer shall provide the Speaker with the following information of applicants: first and last name, company, country and position. Selected applicants shall be contacted additionally informing them of their selection.
The respective ticket price is due immediately and the payment method selected by the attendee shall be charged directly after completing the order process. The conclusion of the contract shall take place in English. The Terms and Conditions can be viewed at any time by attendees at http://www.omr.com/agb.
3 Tickets Refunds / Cancellation and Relocation/Reschedule of the Events / Information on Right to Cancellation / Promocodes
Purchased Tickets are excluded from refunds or exchanges. This shall also apply to sickness, non-attendance or other reasons. Ticket refunds shall only take place in the event of cancellation or an unreasonable relocation/rescheduling of the respective event. A relocation/rescheduling shall be considered unreasonable if the new location or date puts the attendee in an unreasonable position with respect to their legitimate interests. This shall not apply, however, if the event is canceled or relocated/rescheduled due to Force Majeur (see §5 for more).
The Organizer shall immediately announce a cancellation or relocation/rescheduling of the respective event on its website. In the event of a cancellation or an unreasonable relocation/rescheduling, the Organizer shall reimburse the amount of the ticket price. The announcement of exhibitors, speakers and topic clusters is non-binding and may be changed at any time by the Organizer.
In accordance with § 312g paragraph 1, paragraph 2 No. 9 of the German Civil Code, attendees have no legal right to revocation, even if the attendee is not a company, but orders tickets as a consumer.
Promocodes are vouchers issued by the Organizer for a specific person or group of persons and/or with a specific validity period, which result in a reduction of the ticket price.
By using a Promocode in the order process, the user declares to be authorized to use the promo code.
If Promocodes are misused, the organizer is entitled to cancel and reverse the ticket purchase made by means of the promo code until the end of the OMR event (unilateral right of withdrawal). Misuse occurs if a Promocode is not used by the intended person or group of persons or does not come to the attention of the User in the manner intended by the Organizer (e.g. through sale, publication, a public or non-public sharing on social networks or through other channels by third parties, together the “misuse distribution”). If the Promoter becomes aware of an improper distribution of a Promocode, the improper use of the relevant Promocode shall be rebuttably presumed. Likewise, in the event of improper dissemination or improper use, the organizer may prematurely discontinue or otherwise prohibit the use of the promo code in question altogether.
4 Transfer and Forfeiture of Tickets
Tickets are issued on an individual basis and are in principle not transferrable. In the event that these tickets are to be transferred to another individual, this must be done up to one day prior to the event via the OMR Dashboard. Should the tickets not be filled out completely (last name, first name and email address) by the day before the event, then these shall be forfeited and shall no longer grant admission.
5 Force Majeure
Should the event be canceled or forced to be relocated/rescheduled due to events beyond the control of the Organizer, such as Force Majeure and other similar circumstances, e.g. national mourning, extreme weather conditions, strike or war, the Organizer shall not be liable for the resulting losses or damage. There shall be no ticket refunds in such instances.
6 Event Admission
Attendees must present a valid ticket when entering the event. As tickets are issued individually, attendees may be asked to identify themselves with officially issued identification. Upon admittance, attendees shall receive a non-transferrable badge (e.g. an event badge or wristband), which they must wear at all times, especially to be readmitted to the event location after leaving.
To guarantee all attendees a safe and enjoyable event, the Organizer reserves the right to refuse entry to attendees if they appear to be unruly or abusive, or if they appear to be under the influence of intoxicants. Weapons or other dangerous items are not permitted on the event grounds.
7 Rights of the Organizer and Rules of the House / Ambush/Guerilla Marketing
The Organizer shall reserve the right to expel individuals from the event at their discretion. Their instructions are final. The respective rules of the house of the event locations are to be complied with at all times while on the premises. In the event of violations of the rules of the house, or unauthorized ambush/guerilla marketing measures, attendees may be excluded from the continued participation of the event and requested to leave the premises immediately. This shall not affect the Organizer’s right to press further claims against the attendee.
8 General Limitation of Liability for the Organizer
The Organizer shall assume all liability for damage caused by intentional or gross negligence, and damage resulting from injury to life, body and health. The same shall apply in the event of a violation of any warranties or maliciously concealed defects.
The Organizer shall not assume liability for material or property damage due to slightly negligent acts. This shall not apply to violations of obligations, whose fulfillment is essential for the due and proper implementation of the contract and whose compliance with attendees could reasonably rely on; in such instances, the liability of the Organizer for material or property damages due to slightly negligent acts shall be limited to the foreseeable damages to the contract.
The possibility of liability in accordance with the Product Liability Act shall remain unaffected.
The above limitation of liability shall also apply to the personal liability of the performing and vicarious agents of the Organizer as well as its organs.
9 Special Limitation of Liability for the Wardrobe
Provided that at an event the Organizer offers attendees the free storage (wardrobe services) of objects, e.g. coats, jackets, suitcases or bags, the following stipulations shall apply:
Attendees may not leave any objects of value (e.g. laptops, smartphones, jewelry), data carriers with confidential and/or business-related information, payment methods/cards or travel tickets;
the Organizer shall only be liable for material and property damages that are a direct result of malicious or grossly negligent acts by its organs or performing or vicarious agents. The amount of liability, however, shall not exceed 500 euro per attendee.
Only if and insofar as attendees have consented, may the data provided by attendees be used by the Organizer for promotional purposes or transmitted to third parties (e.g. exhibitors). Attendees may revoke their consent at anytime (e.g. via an email to: firstname.lastname@example.org).
11 Other Regulations
The sole venue for all disputes directly or indirectly resulting from this contractual agreement shall be Hamburg, Germany, provided that the attendee is a merchant.
The law of the Federal Republic of Germany shall apply with the exception of the UN International Trade Law. Consumers with standard residence outside of the Federal Republic of Germany may invoke the law of the country in which they reside.
(B) OMR Reviews
These are the General Terms and Conditions of Use of Ramp 106 GmbH, Lagerstraße 36, 20357, Hamburg, represented by the managing directors Philipp Westermeyer, Jasper Ramm, Isabelle Gardt and Philipp Isfort (hereinafter referred to as “OMR” or “Provider”), which govern the use of the review platform https://omr.com/en/terms-conditions/. The business relationships with software providers whose software products and services can be evaluated on the platform (hereinafter also “Customers” or “Vendors”) are reserved for separate regulations and are not the subject of the following regulations.
§ 1 Operator and Scope
(1) The operator of the platform and therefore the contractual partner for users of this platform is the
Register Court: Hamburg Local Court
Registration number: HRB113109
Sales tax identification number according to §27 a Umsatzsteuergesetz: DE269764470
represented by the managing directors Philipp Westermeyer, Jasper Ramm, Isabelle Gardt and Philipp Isfort
(2) These GTCs and rules of conduct provide the basis of use of the platform and for all legal transactions and actions similar to legal transactions which are carried out between users and OMR. Additional conditions may apply to certain special services. These will be provided to users in the form of additional terms and conditions prior to use. Terms and conditions or conditions of use which deviate from these GTCs are not valid unless OMR expressly agrees to them.
§ 2 Definitions
(1) “Rating” in the sense of these GTCs are all contents that the user enters, including text contents, “star ratings,” graphics, video contents or other expressions.
(2) “Users” within the meaning of these GTCs are both consumers and entrepreneurs, provided that they are not subject to the special GTCs of the Provider as vendors. Consumers in the sense of the GTCs are natural persons who make legal transactions for purposes that can predominantly be attributed neither to their commercial nor to their professional activity. Entrepreneurs within the meaning of these GTCs are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the Merchant, are acting in a commercial or independent professional capacity.
(3) “Guidelines” are the rules provided by the Merchant and binding for all ratings regarding the admissibility of ratings in terms of content and their deletion. The guidelines are available at https://omr.com/en/terms-conditions/.
§ 3 Description of services
(1) The registration for the platform, the use of the platform as well as the posting of own content, especially ratings, are free of charge for users.
(2) The platform is an evaluation portal on which users – by invitation or on their own initiative – can evaluate software products and services. The ratings are intended to reflect a User experience that is as detailed and qualified as possible and to assist other users in their decision-making process.
(3) For the use of the platform a free registration by the User is required. The use of the platform for members is only permitted within the framework of the statutory provisions and these GTCs.
§ 4 Registration
(1) The prerequisite for the use of the platform is the opening of a member account. With this membership account the User can log in to the platform.
(3) All information can be changed or supplemented by the User at any later time in the profile settings. The first name given by the User will be published together with the User’s rating.
(4) The password chosen by the User must be kept secret. In particular, the User must ensure that the access data does not fall into the hands of third parties who could then use the member account. In the event that the password is lost or if it is suspected that a third party has gained knowledge of it or that a third party is using the User’s profile, the User is obliged to inform the Provider immediately. To protect against unauthorized access by third parties, the password should be changed at regular intervals.
(5) Natural persons with full legal capacity who are at least 18 years old as well as legal entities can register as members. In the case of legal entities, registration must be carried out by an authorized representative. It is expressly prohibited to register a User account for third parties without their consent, as well as the multiple uses of different member accounts by one user. The Provider reserves the right to make the admission contingent on the transmission of suitable proof (excerpt from the commercial register, trade license, official permits or approvals).
(6) The data required for registration must be provided completely and correctly, insofar as these are mandatory fields. Changes to the data provided must be notified by the member without delay or corrected in the profile settings. The member account is not transferable.
(7) The Provider reserves the right to make the use of the service dependent on certain conditions such as the verification of the registration data.
§ 5 Duration of contract
(1) The contract between the User and the Provider is concluded for an indefinite period. The contract can be terminated by either party at any time by notifying the other party in writing or by closing the account.
(2) The right to block member accounts remains unaffected.
§ 6 Request to submit a rating, premium
Insofar as the User submits a rating on the basis of an invitation by OMR, they will receive the reward offered after submission of a complete, qualified rating in accordance with the guidelines in the form of a voucher. Insofar as offered by OMR and selected by the customer, the premium can also take place in the form of a donation to a third party. Cash payments are excluded. The Provider reserves the right to provide the rating with a reference to the benefit received. In addition, the Provider reserves the right to replace the rewarded benefit with a benefit of equal value. Furthermore, the Provider reserves the right to exclude the User from receiving the offered benefit in the event of suspected abuse.
§ 7 Granting of rights of use
(1) The User grants the Provider the non-exclusive, transferable and sub-licensable right, unlimited in terms of content, space and time, to use works uploaded to the platform (esp. texts, as well as videos, images or graphics, if applicable) free of charge and as often as desired, unlimited in terms of content, space and time, on all websites operated by the Provider. The Provider shall be entitled to present, publish, reproduce, distribute, lease, digitize, electronically store, make available to internal and external users and use the works in online and offline networks for advertising purposes typical in the industry.
(2) The transfer of rights made under the preceding paragraph 1 also covers websites of external operators to which the Provider sublicenses the works, in particular the customers of OMR.
(3) The User guarantees that they are the author of the works or that they hold sufficient rights of use and exploitation to the works permitting the use on the platform.
§ 8 Liability of the Provider
(1) The Provider is liable according to the legal regulations with the following restrictions: Insofar as the User’s damages result from the loss of data, the Provider shall not be liable for provided that the damages would have been avoided by the regular and complete backup of all relevant data by the User. The liability of the Provider for contract-untypical or unforeseeable damages is excluded. This does not apply if the damage affects life, limb or health, was caused intentionally or by gross negligence, results from the absence of a guaranteed quality or from the culpable breach of a material contractual obligation, the fulfillment of which is essential to the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations). Liability under the Product Liability Act shall also remain unaffected.
(2) The Provider is not liable for the quality, completeness, reliability or credibility of the ratings posted by the User. These do not represent an expression of opinion by the provider, in particular the Provider does not adopt the content of the members as its own.
§ 9 Liability of the User
(1) The User is responsible for all evaluations, contributions and contents of his User profile.
(2) The User indemnifies the Provider from claims of third parties, which are asserted against the Provider and their legal representatives and/or vicarious agents due to ratings, the use of the granted rights or due to violation of personal rights or other illegal content (posts, comments, User profile content, offers, etc.). The User shall bear the court and out-of-court costs of legal defense incurred by the provider, his legal representatives and/or vicarious agents in the amount of the statutory fees. They will support the Provider in defending the claims. The prerequisite for the indemnification is that the Provider informs the User immediately about the assertion of claims and carries out his legal defense according to the User’s instructions, unless this is obviously futile.
§ 10 Blocking of users, deletion of content
(1) The Provider has the right to permanently block users and to refuse renewed access to the platform. A permanent blocking by the Provider is possible in particular in the case of gross violations of these GTCs or the guidelines as well as gross violations of the prohibition of posting inadmissible content. Furthermore, permanent blocking is possible for other important reasons, in particular in case of loss or suspected misuse of the access data by a third party. The User will be notified of the permanent blocking in text form.
(2) The Provider will contact the author in case of reprimands of a rating by a third party and forward the reprimand to him. Together with the forwarding, the Provider shall request the author to comment, setting an appropriate deadline. If the comment is not received, the Provider will permanently delete the criticized rating. If the author makes a statement within the deadline, the Provider will forward the statement to the body making the complaint, safeguarding the author’s data protection rights, and request a statement within a reasonable period of time. If no response is received, the complaint shall be deemed to have been withdrawn. If a further statement is made, the Provider shall make a decision on the justification of the complaint and inform both parties of its decision.
§ 11 Data Protection
(1) The purpose of collecting User data is to be able to provide a user-friendly, efficient and secure Internet service.
(2) All information on data protection and data security can be found in the provider’s data protection regulations.
(3) By concluding the contract, the User agrees that they have read and accepted the Provider’s data protection regulations.
§ 12 Functional Changes, Contract Transfer
(1) The Provider reserves the right to continuously edit, update, expand, restrict or discontinue individual functions of the platform.
(2) The Provider is entitled to transfer his rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks. The User is entitled to terminate the User contract at any time.
§ 13 Changes to the General Terms and Conditions (GTCs)
(1) These GTCs are subject to change by the Provider at any time.
(2) The User will be notified of the changes and the new GTCs by e-mail. The new GTCs shall be deemed agreed upon if the User does not object to their validity within six weeks after receipt of the email. The objection must be in text form. In the email, the Provider shall separately point out the possibility of objection, the deadline, the form and the consequences of inaction.
§ 14 Final Provisions
(1) The contractual relationship between the User and the Provider as well as these GTCs shall be governed exclusively by the laws of the Federal Republic of Germany. The application of German international private law is excluded.
(2) The mandatory consumer protection provisions that apply in the country in which the User has their habitual residence remain applicable, provided that they offer the User more extensive protection.
(3) Insofar as the User is an entrepreneur within the meaning of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the Provider’s registered office in Hamburg shall be the exclusive place of jurisdiction for all disputes arising from the User Agreement and these GTC.
Status: December 7, 2022