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Terms of Service

General Provisions

The following terms of service apply to the use of this website, DataYourEat, and to any contracts you may conclude with us (Adams Sara and Adams Ulf GbR, Fischerweg 51, 82194 Gröbenzell, Germany) via the website. Unless otherwise agreed, your own terms and conditions shall not apply.

Sign-up on our platform

  1. DataYourEat is a platform on which you and other users can, among other things, post your own recipes and other content and view the recipes and content of other users. By signing up and opening a user account on our website, you conclude a user contract with us for the free use of our internet platform DataYourEat.
  2. The user contract is concluded for an indefinite period and can be terminated by either party at any time without period of notice.

Recipes

  1. As a signed-up user at DataYourEat you have the option to post your own recipes on our platform and to view recipes already posted by other users. Furthermore, as a signed-up user you have the option of posting and linking recipes created by you on other platforms onto our platform.
  2. When writing recipes on our platform, you have the option of specifying the ingredients of the recipes. You can select the ingredients from our database. These ingredients and the corresponding nutrition facts have been solely created by signed-up users of our platform. The ingredients and nutrition facts are then shown in your recipe on our platform. Our platform also calculates the sum of the nutrition facts of the ingredients specified in the recipe and uses this data to generate an overall statement which is then shown in your recipe.
  3. If you do not find an ingredient required for your recipe in our database or if you do not consider the nutrition facts of the ingredient to be accurate, you have the option of editing the ingredient yourself. When creating/editing a nutrition fact, you have the option of either specifying the nutrition facts yourself or importing them. When importing, data is accessed from freely accessible databases (e.g. the database of the U.S. DEPARTMENT OF AGRICULTURE). This data is then transferred unchanged via a technical interface on our platform.
    We explicitly point out that we neither collect these data ourselves nor check them for accuracy, but only establish a technical connection to an external database. Therefore, we cannot accept any liability for the accuracy of this data.
    In particular, the data on ingredients and nutrition facts in the recipes on our platform are no substitute for medical information. It is to be pointed out again that these data are all provided by the users or imported by third data bases by the users unchecked. Users with allergies or similar health problems should therefore check the information on nutrition facts and ingredients from another, secure source before using the recipes.

Rights of third parties

  1. When posting recipes or linking recipes from third parties, in particular when posting and using pictures, you shall not infringe any third-party rights and only post and/or link content to which you are entitled to the relevant rights. When linking recipes to third platforms, you shall ensure that this is permitted and does not violate the terms of use of the third platform.
  2. You shall indemnify us against all claims by third parties arising from the infringement of the rights of third parties in the content you have posted, and shall reimburse us for all damages and expenses incurred in this regard, including any legal costs incurred.

License to your content

  1. You grant us a basic, non-exclusive, unlimited, worldwide, free-of-charge license to use the content you have posted on our platform. This license includes in particular the right to copy, publish and make publicly available the content you have posted.
  2. If you submit content to the "public" area of our platform, you thereby enable all other users of our platform to view your content. At the same time, you grant all users the right to use, modify or amend your content within our platform and to post it as their own content.
  3. In addition, you grant all other users of our platform the right to link your posted content to their own Internet pages or to embed it via so-called "framing". At this point we would like to point out to users who make use of this right to embed or link, that we do not check the legality of the original content of our platform.
  4. We have the right to delete or change all recipes, contributions and evaluations posted or linked by users at any time without giving reasons. Usually we will not make much use of this right, we usually do not change any content. However, it may happen that we adjust the format of texts and photos in order to improve their visual appearance.

Limitation of liability

  1. We shall not be liable for the legality of the user content and will not check any user content for possible infringement of third-party rights when it is posted. In particular, we do not check recipe contents or photographs. We also do not check posted information on ingredients. We also point out that the user who uploaded the recipes and photographs to our platform is shown in the recipes and photographs.
    User evaluations and comments are also the user's own views and do not represent our views.
  2. It goes without saying that we will respond to deletion requests from rights owners in the event of any infringements and will carry out a legal review in that case.
  3. The information on nutrition facts in recipes is provided either by the users themselves or from public databases. We would like to point out once again that we have not checked this data and cannot make any statement about it's accuracy.
  4. In the case of damages for which we are accountable - for whatever legal reason - we shall be liable to you or to any third parties involved in the protective effect of contracts only if the damage
    1. by culpable breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligations) or was caused in a manner jeopardising the achievement of the purpose of the contract
      or
    2. at least due to gross negligence on our part or on the part of our legal representatives or vicarious agents.
    If we are liable without gross negligence or intent, the liability shall be limited to the extent of damage which we typically had to expect to occur at the time of conclusion of the contract due to the circumstances known to us at that time.
    All the above limitations of liability shall not apply in the event of mandatory statutory liability regulations (e.g. based on the Product Liability Act) and in the event of injury to life, body or health.

Miscellaneous

  1. German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby invalidated (Favorability Principle).
    The provisions of the UN Sales Convention shall not apply.
  2. Should any provision of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining terms and conditions.
  3. The place of jurisdiction for all contractual disputes shall be Munich, Germany, insofar as both contractual parties are merchants, legal entities under public law or special funds under public law.
  4. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.