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General terms of use for speisekarte.de

§ 1 - General and scope of application


Welcome to speisekarte.de.
We are particularly pleased to welcome you to speisekarte.de. The website speisekarte.de is a project of united vertical media GmbH (hereinafter referred to as "UVM").
The following General Terms and Conditions of Use (hereinafter referred to as "GTC") govern the use of the services offered on speisekarte.de. On the one hand, the General Terms of Use determine the relationship between the UVM and the respective user. In this context, users are all natural and legal persons who use the platform speisekarte.de as a platform for information, evaluation and communication as guests of the listed catering establishments (hereinafter referred to as "users"). Within the user community, a distinction is made between registered users, i.e. owners of user profiles (see § 6 - Membership of users) and non-registered users who use the services of speisekarte.de to a limited extent without registering and thus without a user account. On the other hand, the GT&Cs regulate the relationship between the UVM and the respective restaurateur. In this context, restaurateurs are all natural and legal persons who, as tradespeople, service providers or freelancers, post information about their restaurant business on speisekarte.de (hereinafter referred to as "restaurateurs"). Registered users and restaurateurs together are hereinafter referred to as "members".
All services offered by the gastronomer under speisekarte.de are - unless expressly agreed otherwise - exclusively based on these General Terms and Conditions.
Please read our ANB carefully. By accessing or using our website or registering with us, you agree to be bound by the following terms and conditions and to comply with them and the statutory provisions.
In addition to these TOS, reference is made to the current privacy policy.
These GTC also apply if the website speisekarte.de or areas thereof are used via other websites.

§ 2 - The service speisekarte.de


speisekarte.de is an Internet information service that specializes in catering businesses.
1) speisekarte.de for users
speisekarte.de makes it easier for users to find offers from restaurants and bars, with the special feature that users registered at speisekarte.de can rate restaurants and recommend dishes from these restaurants.
Upon registration, users are given a user account which they can use to access the communication services of speisekarte.de and, in addition to ratings, also upload photos, videos, files and other content relating to the listed restaurants and bars into the speisekarte.de system. The entire speisekarte.de website is accessible to its users free of charge.
2) speisekarte.de for gastronomers
Each gastronomer is published with his gastronomy business under a search term as a free standard entry. In addition, there is the possibility of premium entries according to the valid AGB.

§ 3 - Use of the Internet information service speisekarte.de


The Internet information service speisekarte.de enables all members and non-registered users to find address data and further information on catering establishments (menu, opening hours, services offered, seating, etc.).
The use of the information service and the data contained therein is only permitted for this purpose. Any use other than for the intended purpose, in particular for the provision of commercial information or as an aid in data collection, as well as any other commercial evaluation or use is not permitted. Any use or processing of the accessed data for other purposes is otherwise only permitted under the strict conditions of the German data protection laws and the DSGVO.
UVM does not guarantee the availability of the information service or the completeness and correctness of the data contained therein (in particular for the indication of prices on menus).

§ 4 - Conclusion of contract


All internet users can access the offer published at speisekarte.de.
Users also have the option of a free membership. Users who wish to take advantage of this additional offer must first register with speisekarte.de, accept the General Terms and Conditions of Business and can then access the extended range of functions offered by speisekarte.de.
Gastronomers also have the option of maintaining their own gastronomer profile. Caterers who wish to take advantage of this additional service must first register with speisekarte.de, accept the General Terms and Conditions and can then access the extended range of functions offered by speisekarte.de once they have been activated.
Upon completion of registration, a contractual relationship is established between the UVM and the member in accordance with the provisions of these General Terms and Conditions.
Deviating, conflicting or supplementary general terms and conditions of the restaurateurs shall not become part of the contract, even if the UVM is aware of them, unless the UVM expressly agrees to their validity in writing.
By registering, each member assures that his personal details and, if applicable, his catering business are up-to-date, complete and truthful and that they will be updated for the duration of the contractual relationship even after registration.
Furthermore, the user assures that he/she is either over 18 years of age or has the express consent of his/her legal guardians to use the services mentioned in § 2 of the General Terms and Conditions, including the communication services, and to make his/her own evaluations.
The restaurateur further affirms that he is legally competent and authorised to make the necessary declarations of intent or to conclude the contract. Persons who act as a restaurateur or as an authorised representative of restaurateurs without being so authorised may, in accordance with the principles of liability of the representative without power of representation pursuant to § 179 et seq. BGB can be claimed against by UVM.

§ 5 - Right of withdrawal


The user may revoke his consent to these General Terms and Conditions and to the contract of use concluded therewith within two weeks after submission of the declaration of consent by e-mail to info@speisekarte.de.
The timely sending of the e-mail shall be sufficient to meet the deadline. If the revocation is declared in due time, the user is bound neither to the contract of use nor to his declaration of consent to these GTC.

§ 6 - Membership of users


Upon completion of registration at speisekarte.de, each user receives a user profile with a nickname and password. The nickname and password are chosen by the user during registration.
As the owner of a user profile, the user can access all free services of speisekarte.de. This gives the user the following options:
  1. the evaluation of restaurants and catering establishments known to him;
  2. marking an evaluation as helpful or not helpful;
  3. the recommendation of dishes known to him from the respective restaurants and catering establishments;
  4. the creation of a favorites list consisting of his favorite restaurants;
  5. the proposal of a restaurant not yet registered on speisekarte.de
  6. the reservation for a notification as soon as a menu that has not yet been discontinued is published;
  7. the possibility to report an error on the restaurant details page;
  8. the reservation of a table online, provided that the restaurateur has activated this function on his restaurant details page UVM has no influence on the availability of the table reservation function;
  9. the posting of photos, provided that these are in accordance with the guidelines for posting content on speisekarte.de (see § 9 - Posting of content)
  10. marking a picture as "That looks good"
  11. the use of an own profile
A transfer of the user profile to other members, unregistered users or other third parties is excluded. To access the services of speisekarte.de, the user needs Internet access. The user has to pay the costs and fees for internet access and connection to the internet himself.

§ 7 - Membership of restaurateurs


Upon completion of registration at speisekarte.de, every restaurateur receives a restaurateur profile with a nickname and password. The nickname and password are chosen by the restaurateur himself during registration.
As the owner of a restaurateur profile, the restaurateur has access to all the services of speisekarte.de. This opens up the possibility for him:
  1. In the restaurant portal of speisekarte.de over its enterprise address data to adjust or already registered master data of its enterprise truthfully to change and/or update;
  2. to upload photographs of its operation in accordance with § 9 of these ANB;
  3. Extend his restaurateur profile with further information about his restaurant business, e.g. opening hours, kitchen direction, available space, etc;
  4. To put online, update and manage his menu including prices and categories;
  5. To introduce his gastronomy team with short descriptions and photos;
  6. to write counterstatements and comments to given ratings;
  7. To get in direct contact with other members of the system;
  8. To use your own profile with mail account.
A transfer of the restaurateur profile to other members, non-registered users or third parties is excluded. The restaurateur requires Internet access to access the services on speisekarte.de. The restaurateur must bear the costs and fees for the Internet connection and the connection to the Internet incurred in this connection.

§ 8 - Obligations of the members


Each member is responsible for his or her profile and for the information, ratings, photos, videos, files and other content (hereinafter referred to as content) that originates from him or her or his or her profile. In particular, he/she is obliged to keep the access data secret and to take precautions against spying on the access data. The loss or spying out of the access data or other violations of the security system must be reported immediately by the member to info@speisekarte.de. Until the loss is reported, the member remains solely responsible for all content, impairments and violations of rights arising from his profile.
The member undertakes to comply with the applicable laws and to adhere to these GTCs when posting content and other contributions as well as all content emanating from his profile. The member further undertakes to refrain from any misuse of the system and the services offered therein. In particular, each member undertakes
  1. not to pretend to be another person or company and to deceive other members, unregistered users or third parties about your identity;
  2. not to transfer his user profile to other members, unregistered users or restaurateurs or to allow third parties access to his user profile
  3. not to use personal, company or other names or designations when choosing one's own nickname, which violate the trademark, copyright or personal rights of others or otherwise violate legal regulations;
  4. not to use nicknames or other designations that glorify violence and/or incite hatred of the people or are associated with pornography, child pornography, incest, sodomy, political or religious extremism or terrorism
  5. not to disseminate any content that could lead others to criminal or otherwise immoral acts;
  6. not to use the system speisekarte.de and the services offered therein to harass or threaten other persons or otherwise violate their dignity, honour or sexual self-determination
  7. refrain from actions such as the sending of unusable e-mails or spam, the sending and/or setting of viruses or other harmful programs (spyware, malware, Trojan horses or similar)
  8. to refrain from all actions that could endanger the existence or proper operation of the data network or computer centre of speisekarte.de or its members and non-registered users
  9. not to make abusive criticism and not to spread slander, insults, lies or false information
  10. not to distribute content that is protected by copyright, competition law, personality rights or other rights without the consent of the copyright holder; not to publish, store or use personal data of private persons without the express consent of the person concerned
  11. not to place content that is accessible within the system on other websites or otherwise market or distribute it in whole or in part without the express consent of speisekarte.de
  12. not to set any links to websites or contents that violate applicable law, are harmful to young people or otherwise inadmissible.

§ 9 - Placing of content


An important element of the speisekarte.de system is the content generated by the members and entered into the speisekarte.de system, which is primarily intended to illustrate the quality of the offer of the respective rated restaurateur. The members of speisekarte.de undertake to observe the following provisions when using the services of speisekarte.de and when posting content.
  1. All content posted by a member must be related to the rated restaurateur, be factual and as factual, objective and accurate as possible. They must not infringe any patent, copyright, trademark, personal rights or other protected legal positions of third parties.
  2. In order to safeguard these principles, restaurateurs are generally prohibited from posting reviews that concern their own business. Also, relatives or employees of restaurateurs may only rate their respective companies if they disclose their relationship with the restaurateur.
  3. You may not post, transmit or otherwise make available any Content that is or contains: intentional misrepresentation, libel, slander, obscenity or falsehood; threats against other members, unregistered users or third parties; commercial self-advertisement by entering email addresses, URLs or phone numbers; hearsay information and unconfirmed statements by third parties; logos, titles, trademarks or commercial materials; overt or covert advertising; communications of irrelevant facts.
  4. Also prohibited is content that is copied or transcribed elsewhere; that contains offensive statements and comments about other members; that is pornographic, obscene, offensive, vulgar or otherwise objectionable; that is initiated by restaurateurs themselves and infiltrated via straw men; that poses a security risk as a carrier of viruses, Trojan horses or other harmful programs. For the protection of members, unregistered users and third parties, speisekarte.de reserves the right to remove content that is inadmissible according to the above criteria or that could be dangerous for the system for other reasons at any time without further notice.


§ 10 - Change of master data of restaurant entries


To update the offer, the restaurateur can create a new restaurateur entry in the database of the Internet information service speisekarte.de or truthfully supplement or update the master data of an existing restaurateur entry. When changing master data, the restaurateur undertakes to comply with the provisions set out in § 9 of these General Terms and Conditions. He also undertakes to do so:
  1. not to enter information that is irrelevant or incorrect;#
  2. not to reproduce or otherwise use personal and sensitive data without the express consent of the person concerned or in accordance with the provisions of the DSGVO
UVM reserves the right to change the master data at any time in accordance with the applicable legal provisions, on its own responsibility and without further notice.

§ 11 - Rights of UVM and sanctions and measures


As soon as there are concrete indications that a member is subject to legal regulations, rights of third parties or regulations of these General Terms and Conditions or that there is any other justified interest for the protection of other members, non-registered users or third parties, UVM may take measures against a member from the following non-exhaustive list of measures. UVM may in particular
  1. Delete content that has been posted on speisekarte.de;
  2. Warn members;
  3. restrict the use of the system;
  4. Suspend members;
  5. Block members permanently.
The choice of the measure to be taken shall be made (after appropriate consultation of the member, if necessary) taking into account the fault of the member. The blocking of the member shall result in the at least temporary closure of all profiles opened in his name or attributable to him. In the case of members permanently blocked, there is no entitlement to the restoration of the blocked profile or to the opening of a new profile.
UVM reserves the right to delete nicknames, profile and/or content of members if the corresponding accounts have not been used for more than six consecutive months.
UVM also expressly reserves the right to change, expand, restrict or completely discontinue its offer or the services associated with it at any time. The system may be temporarily shut down, in particular due to maintenance work or version transitions, without the member having any claims against UVM as a result.

§12 – Termination


The user relationship is concluded for an indefinite period.The member can terminate the contract of use at any time, without stating reasons, by sending a termination declaration by e-mail to info@speisekarte.de.
UVM is entitled to terminate the user contract at any time with a notice period of 14 days to the end of the month. The right to block as well as the rights of UVM specified in the catalogue of measures shall remain unaffected.

§ 13 - Consequences of termination or permanent suspension


With the cancellation or final blocking of a member, the nickname, the user profile and the personal data stored under it are deleted. Ratings and other content that the member had placed in the system speisekarte.de lose their reference to the member, but remain in the system as part of the offer speisekarte.de.

§ 14 - Assumption of contract by third parties

The UVM shall be entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, the member is entitled to terminate the contract of use after notification of the transfer of contract by e-mail to info@speisekarte.de.

§ 15 - Review of content and abuse reporting procedures


In order to ensure maximum security and to protect the patent, copyright, trademark and personal rights of third parties, UVM is entitled, but not obliged, to check the compatibility of the submitted content with the applicable legal provisions and these General Terms and Conditions and, if necessary, to delete it in whole or in part.
As abuse is often the quickest for members to notice, UVM depends on the attention and willingness to communicate of its members. With the help of the abuse notification procedure set up for this purpose, members or other persons affected should be able to draw attention to cases of abuse, in particular violations of these General Terms and Conditions as well as violations of patent, copyright, trademark and personal rights. After gaining knowledge of the matter and after its own examination of the reported facts, UVM shall endeavour to remove illegal, inadmissible or abusive content within a reasonable period of time. UVM reserves the right to take legal action in the event of abuse, including abuse of the abuse reporting procedure.

§ 16 - Information on data protection


Any personal data provided via the speisekarte.de system will be used in accordance with our privacy policy. The provisions of the German Telemedia Act (TMG) as well as the provisions of the German Federal Data Protection Act (BDSG) and the European Data Protection Ordinance (DSGVO) are observed in the collection and further use of the data.

§17 - Copyrights and industrial property rights


Content to which a third party holds copyright may not be forwarded, distributed or entered into the speisekarte.de system without the prior express consent of this third party. In this respect, the member undertakes to indemnify UVM against any claims by third parties which arise as a result of a breach of copyright provisions due to the member's conduct.
By posting content, the member assures that he/she has all rights to publish and exploit the content. The member grants UVM the rights necessary for the regular worldwide operation of the speisekarte.de system, unlimited in time and space, to reproduce, modify, distribute and publish all content that the member makes available or distributes in the speisekarte.de system. At the same time, by posting contributions, UVM is granted the right to present and distribute the contribution permanently on the pages of the UVM and the pages of the respective cooperation partners for specific services. In addition, by entering the content, the member transfers to UVM the free, temporally and spatially unlimited right to reproduce, transmit, make publicly accessible and present, edit, quote, integrate into collections and distribute the content and extracts thereof, as well as to publish it on other platforms, while respecting the author's moral rights and personal rights. In addition, the member shall allow all members and non-registered users at least the non-commercial use of this content.
The contents of speisekarte.de are also subject to industrial and copyright protection. In particular, the ratings, reports, databases, graphics, logos, symbols and images are protected. The members and non-registered users of speisekarte.de undertake to respect these copyrights and other industrial property rights of UVM. Members and non-registered users of speisekarte.de are advised that the layout of the websites, their contents, but also the present General Terms and Conditions, the applicable General Terms and Conditions and the Privacy Policy are protected and may only be reproduced, exploited, revised or used in other websites or other media with the prior written consent of UVM.

§ 18 - Links to websites


Third parties and disclaimer of liability for third party websites UVM makes every effort from the outset to publish links (so-called links or banners) on its own website only to legal content. However, a complete and permanent review of the contents and links of other providers is technically not possible. UVM therefore distances itself from the content of all direct or indirect links to other websites introduced by UVM or its members and non-registered users. The respective providers are responsible for the content of these websites and for any infringements of patent, copyright, trademark or personal rights that occur on these sites.
The UVM does not act as a representative, agent or broker for contracts concluded by its members and unregistered users with linked websites.

§19 – Liability


The service speisekarte.de offered by UVM and the services and contents in this area are for entertainment purposes only and are not intended to represent or in any way replace professional advice or information. Ratings and recommendations published by members are subjective opinions of the members and in no way reflect the opinion of UVM, nor are they attributable to UVM. Ratings, recommendations or other tips from members do not represent any purchase, contract, contact or other recommendation or information from UVM for this reason, but solely a subjective opinion of the respective member. UVM does not guarantee or assume liability for the content generated by members and for the impression created by the entire content of all members. Any kind of exploitation or use of the posted content is therefore exclusively at the member's own risk. The contents mentioned can only be evaluated as subjective, private, unprofessional recommendations or information and should not be understood as a basis for business when concluding a contract, but at best as an indication of the quality and reliability of the respective restaurateurs. The UVM is also not liable for the overall impression created by the interaction of the individual evaluations and recommendations, nor for the material or immaterial damage attributable to such overall impression.
UVM is not liable for any infringement of rights, loss of data or other damage to members or third parties resulting from the behaviour of its members or unregistered users. The members and non-registered users of speisekarte.de bear the exclusive responsibility for their profiles and for the content they post, send or change. UVM does not accept any liability for loss of data, damages or infringements of rights that are due to negligent or careless handling of the access data of the profiles.
UVM is not liable for loss of data, access difficulties and damages caused by improper use of the profiles by members or as a result of system errors, system failures due to force majeure or external influences (hacker attacks, system failures due to spam attacks) and which are not the responsibility of UVM employees or vicarious agents. Despite extensive efforts to keep the own system free of external viruses, worms and other causes of damage, UVM cannot guarantee that the system is free of errors and viruses. UVM also cannot guarantee that its system will be available without malfunction. In particular, it shall not be liable for failures and damage to computer systems which are due to force majeure, external influences or to a failure or malfunction of the gateways, networks, providers or host servers.
Version changes as well as major maintenance, expansion or overhaul work will always be announced by UVM in advance to give members the opportunity to protect themselves against possible data loss by means of anticipated data backup. Liability for data loss is in any case limited by the typical restoration effort. This is calculated according to the damage that would have occurred if reasonable backup measures had been taken (such as making backup copies). In the case of contractual and non-contractual claims, UVM shall be liable for intentional or grossly negligent breaches of duty by its active organs, employees or vicarious agents.
In the case of slight negligence, UVM shall only be liable for injury to life, body or health and for breach of a fundamental contractual obligation of UVM. In this case, the liability of UVM shall be limited to the amount of the damage typically foreseeable at the time of conclusion of the contract.
The objection of contributory negligence on the part of the member or non-registered user shall remain unaffected by UVM. Liability under the Product Liability Act shall remain unaffected.

§ 20 – Exemption


Members and non-registered users shall indemnify UVM and its employees against all liability, claims and costs arising from violations of rights or from actions of other members or non-registered users of speisekarte.de that are not permitted under these General Terms and Conditions. In particular, they shall indemnify UVM from any liability for infringements of their patent, copyright, trademark or personal rights, through statements, ratings, images or photos of other members that have been made available to them in the system of speisekarte.de or in any other way.
Each member shall indemnify UVM and its employees against any liability and all claims and costs that other members or third parties may assert against UVM due to an infringing or abusive behaviour of the member within the system of speisekarte.de.
The members and non-registered users shall also assume the costs of the necessary legal defence of UVM in the aforementioned cases of release, including all court and legal costs. This shall not apply if the members or non-registered users are not responsible for the infringement. UVM reserves the right of legal defence against the above mentioned claims. Members and non-registered users of speisekarte.de undertake to forward all defence-relevant information available to them to UVM.

§ 21 - Amendment of the General Terms and Conditions


The UVM reserves the right to amend or supplement these General Terms and Conditions at any time without giving reasons. In the event of significant changes or additions to the GTC, members shall be informed immediately by e-mail of the new amended passages of the GTC and requested to give their consent within two weeks. If the member does not object to the amended GTC within two weeks of receipt, they shall be deemed accepted. The member will be informed of the significance of the expiry of the two-week period in the aforementioned e-mail.

§ 22 - Final provisions


For the existing and all legal relationships arising in connection with this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
For members and non-registered users who are merchants or who for other reasons can make a permissible agreement on the place of jurisdiction, the place of jurisdiction is Nuremberg

Adress

united vertical media GmbH
Pretzfelder Straße 7-11
90425 Nuremberg
E-Mail: info@speisekarte.de
phone.: +49 (0)911 37 75 02 84; Fax: +49 (0)911 37 75 02 99

limited liability company
Headquarters Nuremberg
Commercial register: AG Nuremberg - HRB 28744

Managing directors: Jürgen Renghart, Michael Amtmann


Status: October 2018