1. Scope of the terms; Change of the terms
- 1.1 mealstream is a service by mealstream UG (haftungsbeschränkt), Taylorstr. 11a, 14195 Berlin ("mealstream"). mealstream is a community where people can connect with each other and share pictures and thoughts about food. The food is either home cooked or eaten at a restaurant or some other place. The users can take photos of the meals with the mobile app and upload them to the stream. Furthermore interfaces to other popular social networks will be available.
- 2.1 The users of this service have the possibility to share photos of their meals and drinks in the stream. They can find inspiration in meals other people posted, can communicate with other users and rate, recommend and share the meals. Furthermore they can follow other users and indicate the meals in a selected restaurant or place on a map. A personal stream of your own meals is also available.
- 2.2 A requirement for the use of the complete functionality of mealstream as defined in 2.1 is the registration on the platform (either in the app or on the website). To register completely a valid e-mail address, a username and a password are required. Alternatively a registration via a social network such as Facebook or Twitter is possible via the respective buttons on the registration screen.
- 2.4 The user is required to give honest and accurate information during the registration process and to keep the stated information in his profile up to date at any time. Multiple registrations and accounts with different usernames are not allowed.
- 2.5 After the registration the user will receive an e-mail to confirm the successful registration on mealstream.
- 2.7 mealstream tries to always improve the platform and the services provided. It will be adjusted to the changing demand of the users, the market and the ever changing economic and technical circumstances as far as resources permit these improvements. The service provided by mealstream consists of the website and the mobile applications in its current development state. The users do not have the right to expect that mealstream will always offer the same set of functions, content and graphical interface at all times. Furthermore they cannot expect the service is available at all times and works without failure at all times.
- 2.8 mealstream also reserves itself the right to discontinue the service or parts of the service at any time. If mealstream decides to discontinue the service or parts of the service the users will be informed adequately (e.g. by e-mail) if a termination or change of the service would result in the loss of the users data. The user will be given a period of time in which he or she can ask for the transmission of the data to the user. mealstream does not have to provide interfaces to retrieve the data or transform the data into some other format as the existing.
3. Obligations of the user
- 3.1 The user has to make sure that his account is only used by himself or herself. Therefore he or she should keep the password secretly stored. The user acknowledges that as an owner of the user account he is responsible for the actions performed with the account. If a user allows someone under the legal age to use his account without parental consent, the user acknowledges that he or she is responsible for the action the person takes with the user account and the possible abuse of the user’s privileges.
- 3.2 The user agrees not to perform actions that prevent or could prevent the mealstream platform from working correctly. Such actions could consist of the usages of “robots”, “spiders” or “offline reader” software which generate requests over the internet automatically. Furthermore the user must not try to enter areas that are not permitted to be entered by mealstream and the user must not try to modify, copy or share areas which are copy protected.
- 3.3 The user is required to notify mealstream immediately about a misuse of his or her password, username, account or any other infringement of these terms by sending an e-mail to firstname.lastname@example.org. The user has to account for damages made to mealstream by a deliberate misuse of the account.
- 3.4 All services provided by mealstream are intended for the private and non commercial use. By registrating the user agrees to only use the platform for private non commercial purposes.
- 3.5 A sale or a transfer of someones user account is not permitted.
4. Responsibilities, prohibited content and behavior
- 4.1 With submitting data i.e. comments, photos, videos etc. to mealstream the user declares that it does not violate applicable laws and good morale. The user guarantees explicitly the he or she has the right to share the used content. An allowance or compensation for posted photos is not possible.
- 4.2 The posted data of the user has to be applicable to subject food and beverages of the mealstream platform and has to generate an added value for the users of the platform. Photos and comments must not only content an advertising message. The photos and comments must not contain offensive language or defamations against other users as well as no stalking, mobbing, sexual or racist content. Furthermore the photos and comments must not contain content related to drug abuse or violence.
- 4.3 The user is responsible for the content of his or her post and especially the copyrights on the used material.
- 4.4 The username and profile picture shall not be offensive and shall not describe or depict other people such as celebrities, brands or companies without mealstream’s approval. mealstream suggests that the users’ real names or aliases are used so that archived posts can be assigned to it.
- 4.5 mealstream does not monitor the content that is posted on the platform on a regular basis and can thus not be held responsible for the correctness, quality and suitability of the posts.
5. Grant of rights
- 5.1 Through posting content to the mealstream platform the user grants mealstream the simple, timely and geographically unrestricted and free right to use the content within the community. This right specifically grants the privilege to share the content within the mealstream network and other social networks worldwide.
- 5.2 This right to use the posted content is also valid after canceling this contractual agreement.
- 5.3 Through this right mealstream does not inherit obligations related to the liability rule.
- 5.4 The user guarantees that he or she owns all necessary rights to share the used content on the mealstream platform and does not infringe somebody’s copyrights. If the user is not in possession of the right he or she guarantees that all necessary steps have been taken to arrange the transfer of rights, royalties and permissions in order to be able to use the content. In the case of disobeying this guarantee the user releases mealstream from all possible liability charges from third parties.
6. Release of Facebook
- 6.1 The user cannot make any claims against Facebook that relate to the usage of mealstream.
- 6.2 The user acknowledges that the application and the content is not sponsored, supported or organized by Facebook nor is it connected to Facebook in any other way.
- 6.3 All user data and information provided to mealstream is not forwarded to facebook. The meals themselves might be published on Facebook for promotion purposes such as „meal of the week“ etc.
- 6.4 All inquiries about the application have to be directed to mealstream and not Facebook.
8. Liability by the German media law (Telemediengesetz)
The user acknowledges that mealstream is not responsible for content that mealstream did not create itself or that mealstream did not recognize.
9. Limitation of liability
- 9.1 mealstream can only be held liable for damages of life, body, health and considerable contract infringements and claims that are the result of deliberate or grossly negligent behavior. This is also applicable to indirect outcomes such as lost revenue.
- 9.2 The limitation of liability is also applicable to employees of mealstream.
- 9.3 Claims related to obligatory national laws are not touched by this paragraph.
10. Release of liability
- 10.1 In case of copyright infringements or other actions by the user for which mealstream has to face charges against, the user releases mealstream from all responsibilities and financial obligations of possible law suits or other inquiries might result in.
- 10.2 The necessary cost might consist of costs for the court, the attorney and other and will be limited to the limits set by law.
- 10.3 The users are also required to inform mealstream about law infringements in a timely manner, truthfully and completely. Furthermore all necessary information and documentation has to be given to mealstream in order to help clarify the infringement.
11. Brands and other copyrights by mealstream
The user acknowledges that all rights relating to the services of mealstream and the related brands, patents, copyrights, licenses and other right solely belong to mealstream. These rights cannot be transferred to a third party without the written permission by mealstream. The protected material shall furthermore not be used without identifying the correct owner of the rights. This is not applicable to the users’ content which they bring into the mealstream network and not for such content of other users. The users have to respect the other users’ rights relating to their published content.
12. Rights of the operators of mealstream
- 12.2 The users allow mealstream to block or delete the user account, photos or comments by the user at any time.
13. Applicable law, final provisions
December 6, 2012