2. Conclusion of contract and user account
- By completing the online registration process and creating a profile, a usage contract is concluded with the operator. The subject of the usage contract is the free use of the profile.
- A user account must be created to create a profile. This consists of a user name and a password ("log-in data").
- The creation of a user account is only possible if the current email address of the user is specified. This email address is also used for communication with the operator.
- The user assures that the data used in creating his profile (“profile data”) is correct and complete. However, the use of pseudonyms is permitted.
- The contract language is exclusively English.
- Any communication between the user and other users creates any contractual relationships exclusively between the users involved. The operator is neither a representative nor a contractual partner.
3. Use of the profile
- When using the profile, the user can use various services:
- The user has the option to search for meals using text search.
- The user has the option to search for meals using image upload.
- The user has the option to get outfit suggestions from recommenders.
- The user has the option of creating their own profile.
- The user has the option of add meals to their favorites.
- The user has the following functions:
- Upload of images
- Search of meals
- Add meals to favourites
- Organize favourites
- The operator is entitled at any time to block access to individual content, e.g. if there is a suspicion that this violates applicable law or the rights of third parties. The user has no right to maintain individual functionalities of the website.
- The operator endeavours to ensure trouble-free operation of the website. Naturally, this is limited to services over which the operator has an influence. The operator is free to restrict access to the website in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events that are not within his sphere of control.
4. User obligation to cooperate: posting content
- The user undertakes to observe applicable law (e.g. criminal law, competition and youth protection law) when creating and using their own content and not to violate any third party rights (e.g. name, brand, copyright and data protection rights).
- The user undertakes towards the operator that any content that is placed on the website, neither through its content or the form, violates applicable law or morality. The same applies to the setting of external links. In particular, the distribution of content is not permitted
- Glorification of violence and extremism of any kind
- Calls and incitement to criminal offenses and violations of the law, threats to life, limb or property
- Defamation against people or companies
- Personal attacks, defamation, defamation and defamation by users and third parties as well as violations of the fair trade law
- copyright infringing content or other violations of intellectual property rights
- sexual harassment of users and third parties
- offensive, sexist, obscene, vulgar, hideous or nauseating materials and expressions
- Copyright-protected content may only be included verbatim in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotes are to be identified by highlighting them using the quotation function and citing sources. Foreign language quotes are also to be translated into English to such an extent that the content is roughly visible. In particular, contributions that are not correctly cited can be removed or corrected by the moderators. The distribution and / or public reproduction of any content on the website without the operator's consent is prohibited.
5. Further cooperation obligations of the user
- Without the express permission of the operator, the user may only use the website for private purposes and may not advertise for himself or third parties. This means in particular that the user may not use any message-promoting content without the consent of the operator and the recipient (in particular: spam messages).
- In the event that the user uses the opportunity to inform third parties about the existence of the website via the recommendation function provided by the operator, he must ensure that the third party agrees to the sending of the advertising recommendation email.
- In the event that the content contains hyperlinks to third party sites, the user assures that he has the authorization to use the hyperlink and the website to which reference is made ("landing page") with applicable law and third party rights is compatible.
- The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from communicating the log-in data to third parties and / or allowing third parties access to the profile bypassing the log-in data.
- The user must refrain from any activity that is likely to impair the operation of the website or the technical infrastructure behind it and / or to place excessive strain on it. These include in particular:
- the use of software, scripts or databases in connection with the use of the website;
- automatic reading, blocking, overwriting, modification, copying of data and / or other content, unless this is necessary for the proper use of the website;
- Personal offense and therefore not permitted, it is also to remove the anonymity of other users or to disclose information from other users from private messages, emails or chats that are not intended for the public. Users may not include or otherwise make known any information in their posts that could provide information about the identity of another user or that the user received from other users exclusively in private messages, emails or chats.
- Should there be any malfunctions when using the website or its functionalities, the user will immediately inform the operator of this malfunction. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
6. Rights of use
- The user grants the operator an unlimited, irrevocable, non-exclusive, free-of-charge right, unlimited in terms of space and time, to utilize the content on the online offer. The operator is entitled to use, edit and utilize the content at any time. This includes, in particular, the right to reproduce, the right to distribute and the right to reproduce, in particular the right to make publicly available. The user waives the right to name the author. This rule does not affect the user's ability to grant third parties rights to the content posted according to certain license models.
- All rights to the content of the website lie with the operator. The user is prohibited from reproducing, distributing and / or publishing content that the operator, other users or third parties have posted on the website.
- Unlimited liability: The operator is unlimited liable for intent and gross negligence as well as in accordance with the product liability law. The operator is liable for slight negligence in the event of damage to life, limb and health of persons.
- In addition, the following limited liability applies: In the event of slight negligence, the operator is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and the compliance of which the user can regularly rely on (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, and which is typically expected to occur. This limitation of liability also applies in favor of the operator's vicarious agents.
8. Right to exemption
The user releases the operator and his employees or agents from all claims arising from third parties in the event of claims for alleged or actual legal infringement and / or infringement of third party rights through actions taken by the user in connection with the use of the website. In addition, the user undertakes to reimburse all costs incurred by the operator through third-party claims. Reimbursable costs include reasonable legal defense costs.
9. Personal data
- The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the website is used. In particular, the user also consents to the display of the personal data entered by him in his profile display within the website for other users of the website and third parties who are not users of the website.
- The user also consents to the use of his personal data for the personalization of advertisements placed on the website (personal data is not passed on to the advertisers). The user also agrees that third-party advertisements of any kind are placed on his profile pages.
- The use of the website makes the collection, processing and use of personal data by the operator inevitable. The operator guarantees to handle all stored data carefully and to process them only within the scope of the user's data protection consent. Any further use of personal data is carried out by the operator only if this is legally permissible or the user has given prior consent.
- The user further agrees that the operator uses the user's personal data for direct marketing purposes. This includes addressing the user via email and post.
10. Contract duration / termination
- The contract runs for an indefinite period of time and can be terminated by either party at any time without notice and without giving reasons.
- In addition and beyond, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
- There is an important reason for the operator to terminate this contract if the customer fulfills his obligations according to para. 4 or 5 of this contract sustainably violated.
11. Final provisions
- If the contract contains ineffective regulations, the effectiveness of the contract remains unaffected.