Terms & Conditions
Welcome to foodlocate.com!
We are especially looking forward to welcome you at foodlocate.com. The website foodlocate.com is a project of the company as described under imprint (MZR).
We are especially looking forward to welcome you at foodlocate.com. The website foodlocate.com is a project of the company as described under imprint (MZR).
On this page you will find the conditions (AGB) under which the website foodlocate.com and its subdomains may be used. Please read our terms carefully. By accessing, using or registering with our website, you hereby confirm that you have read and accepted the following terms and conditions. They also undertake to comply with these GTC as well as the applicable legal provisions. If you do not agree to the following terms, you may not use our website.
Please contact us for further information.
§ 1 Subject of the General Terms and Conditions
1. These are the general terms and conditions of MZR. They refer to the offered service, which is provided on the Internet under the URLs foodlocate.com and other related subdomains. The purpose of the GTC is to regulate the legal relations between MZR and all natural or legal persons who use the completely free offer of the menu. Registered users (hereinafter referred to as members) have accepted these terms and conditions when registering and can use all services offered by MZR for members free of charge.
2. The legal relationship between MZR and its members shall also be governed by the terms of these Terms and Conditions, the guidelines for composing and setting ratings and the guidelines for setting up photos, videos, files and other content. The terms and conditions apply even if the website of foddlocator.menu or areas thereof are used via other websites.
§ 2 The service foodlocate.com
1. foodlocate.com is an offer that makes it easier for its users and members on the basis of an Internet service to find offers from restaurants (hereinafter referred to as the provider), with the special feature that members of foodlocate.com evaluate restaurants and dishes of these restaurants Can recommend.
The entire menu is available to its members and users free of charge.
2. The members are given a user profile which allows them to use the communication offer of foodlocate.com and, in addition to reviews, can also set up photos, videos, files and other content in the system of foodlocate.com.
§ 3 Use of the Internet service foodlocate.com
1. The internet information service foodlocate.com allows all users and members to find address data and further information on restaurants (menu, opening hours, service offer, seating, etc.).
The use of the information service and the data contained therein is only permitted for this purpose and for private use only. Any use for any purpose, in particular for the purpose of commercial distribution or as a means of data collection, as well as any other commercial exploitation or use, is prohibited. The use or processing of the retrieved data for other purposes is only permitted under the strict conditions of the German Data Protection Act.
2. For the availability of the information service, as well as for the completeness and correctness of the data contained therein (in particular for the indication of prices on menus), MZR assumes no guarantee.
§ 4 Conclusion of contract
1. All Internet users can access the offer published under foodlocate.com. The website foodlocate.com is a project as stated in imprint (hereinafter MZR).
3. Upon conclusion of the registration, a contractual relationship between MZR and the member is established which is governed by the regulations of these General Terms and Conditions.
4. By registering, each member assures that his / her personal data is up-to-date, complete and truthful, and will be updated after the registration for the duration of the contract.
5. The member also asserts that he has either reached the age of 18 or is expressly consented to his or her parents who are entitled to use the services mentioned in § 2 of the General Terms and Conditions, including the communication services, and to make their own assessments.
§ 5 Right of Withdrawal
1. The member can revoke his agreement to these terms and conditions and the contract of use concluded within two weeks after submission of the consent by e-mail to [email protected]
To meet the deadline, the timely sending of the e-mail is sufficient. If the revocation is declared in time, the member is neither bound by the contract of use nor by his consent to these terms and conditions.
§ 6 Membership
1. Upon completion of the registration at foodlocate.com each member receives a user profile with a nickname and a password. The user selects the nickname and the corresponding password during registration.
2. As a holder of a basic user profile, the member can access all the free services of foodlocate.com. This opens up the possibility for him:
I) to evaluate its known restaurants and restaurants
II) to post photos, videos, files and other content consistent with the guidelines. This is partly possible without a user profile. 3. As the owner of a restaurant and a user profile, the member may use all the services included in the free basic package.
5. A transfer of the user profile to other members, users or commercial providers is excluded.
6. To access the menu of foodlocate.com the member needs internet access. The costs and fees for the internet connection and the connection to the internet have to be paid by the member himself.
§ 7 Obligations of the members
1. Each member is responsible for his or her user profile and for the information, ratings, photos, videos, files and other content (in the following contents) emanating from himself or his user profile. In particular, it is obligatory to keep the access data secret and to take precautions against spying on the access data. The loss or spying of the access data or other breaches of the security system must be reported by the member immediately to info(@@)foodlocate.com. Until the report of the loss, the member remains sole responsible for all contents, impairments or violations resulting from his user profile.
The Member undertakes to comply with the applicable laws of the relevant jurisdiction when hiring content and other user contributions, as well as any content derived from its user profile. The member also undertakes to refrain from any misuse of the system and the services offered therein.
2. In particular, each member undertakes:
I. not to impersonate another person or company and deceive other users or providers about their identity;
II. Not to transfer its user profile to other members, users or providers or to allow third parties access to its user profile;
III. not to use personal, company or other names or designations that violate the trademark, copyright or personal rights of others or otherwise violate statutory provisions when selecting your own nickname;
IV. Not to use nicknames or other names that are glorifying violence, inciting the public, or related to pornography, child pornography, incest, sodomy, political or religious extremism, or terrorism;
V. do not disseminate any content that might motivate others to commit punishable or otherwise immoral acts;
VI. to use the system foodlocate.com and the services offered therein to harass, threaten or otherwise injure other persons in their dignity, honor or sexual self-determination;
VII. To refrain from actions such as the sending of unusable e-mails or spam, the sending or setting of viruses or other programs (spyware, malware, Trojan horses, etc.). Furthermore, to refrain from any actions that could jeopardize the existence or operation of the data network or data center of foodlocate.com or its users;
VIII. Not to practice any abusive criticism nor to spread slander, insults, lies or misinformation;
IX. not to distribute, without the consent of the copyright holder, any content protected by copyright or industrial property rights;
X. not to publish, store or use personal data of private persons without the express consent of the person concerned;
XI. Do not place or otherwise market or distribute contents that are accessible within the system without the express consent of foodlocate.com;
XII. do not link to websites, content that is contrary to applicable law, harmful to minors or otherwise inadmissible.
§ 8 Setting content
1. An important element of the system foodlocate.com are the content generated by the members and entered into the system foodlocate.com, which should primarily be used to illustrate the quality of the offer of the evaluated provider. The members of foodlocate.com undertake to comply with the following provisions when using the dining foodlocate.com system and when posting content:
I. All content posted by a member must be in relation to the rated provider, correspond to the facts and be as factual, objective and accurate. You may not violate patent, copyright, trademark and personal rights or otherwise protected legal positions of third parties.
II. To safeguard these principles, providers are generally prohibited from posting ratings that affect their own business. Even relatives or employees of providers may only rate their respective companies if they disclose their relationship with the provider.
III. Submitting, posting or otherwise making content available is inadmissible if the content represents or contains:
- deliberate misinformation, insults, slander, obscenities or lies;
- threats against other members, providers or third parties;
- commercial self-promotion by entering e-mail addresses, URLs or telephone numbers;
- information from hearsay and unconfirmed statements of third parties;
- logos, titles, brand names or materials of commercial purpose;
- open or hidden advertising;
- Information of irrelevant facts.
IV. Content is also inadmissible:
- copied or otherwise written off;
- contain offending statements and comments on other members or ratings;
- pornographic, obscene, offensive, vulgar or otherwise offensive;
- initiated by providers themselves and channeled through straw men;
- which pose a security risk as carriers of viruses, Trojans or other harmful programs.
3. In order to protect providers, members and other users, www.foodlocate.com reserves the right at any time to remove content that is inadmissible or otherwise dangerous for the system without further notice.
§ 9 Rights of MZR as well as sanctions and measures
1. As soon as there are concrete indications that a member is violating legal provisions, third party rights, these General Terms and Conditions or MZR guidelines or if there is any other legitimate interest in protecting other members, users or providers, MZR can not take measures against a member from the following conclude a catalog of measures. In particular, MZR
I. delete contents that have been set at dining foodlocate.com;
II. Warn members;
III. restrict the use of the system;
IV. Temporarily suspend the member;
V. definitively block the member.
The choice of the action to be taken will be made (if appropriate after a hearing by the member) taking into account the fault of the member. Blocking the member causes all user profiles opened in his name or attributed to him to be closed. Permanently suspended members are not entitled to recover the locked user profile or to open a new user profile.
2. MZR reserves the right to delete nicknames, user profile or contents of members if the respective accounts have not been used for more than six months in a row.
3. MZR expressly reserves the right to change, expand, restrict or discontinue its offer or the related services at any time. The system may be temporarily put out of service, in particular due to maintenance work or version transitions, without the user being entitled to claims against MZR.
§ 10 Termination
1. The member can terminate the contract of use at any time, without stating reasons, by sending a notice of termination by e-mail to info(@@)foodlocate.com.
2. MZR is entitled to terminate the license agreement at any time with a notice period of 14 days to the end of the month. The right of blocking and the rights of MZR specified in the catalog of measures remain unaffected.
§ 11 Consequences of a termination or definitive blocking
1. With the termination or final suspension of a member, the nickname, the user profile and the personal data stored thereunder are deleted. Ratings and other content that the member had placed in the system foodlocate.com, lose their reference to the member, but remain as part of the offer dining foodlocate.com in the system.
§ 12 Contract acceptance by third parties
1. MZR is entitled (with a notice period of four weeks) to transfer all or part of its rights and obligations under this contract to a third party. In this case the member is entitled to terminate the contract of use after notification of the assumption of the contract by email to [email protected]
§ 13 Review of content and abuse reporting
1. To ensure maximum security and to safeguard the patent, copyright, trademark and privacy rights of third parties, MZR is entitled, but not obliged, to check the compatibility of the submitted content with the applicable statutory provisions, these GTC as well as its own guidelines and principles and, if necessary, modify or completely delete such content.
2. As abuses are the most common to users and members, MZR also relies on the attention and willingness to communicate of its members and users. With the help of the abuse reporting procedure established for this purpose, the members or other affected parties should be enabled to draw attention to abuses, in particular violations of these GTC as well as to infringements of patent, copyright, brand and personal rights. After appropriate knowledge and own examination of the reported facts MZR endeavors to remove illegal, inadmissible or abusive contents within a reasonable time. MZR reserves the right to take legal action in the event of abuse, including misuse of the abuse reporting procedure.
§ 14 Information on data protection
§ 15 Copyrights and industrial property rights
1. Content to which a third party is entitled to copyrights may not be forwarded, distributed or incorporated into the system foodlocate.com without the prior express consent of this party. In this respect, the member undertakes to exempt MZR from any claims of third parties which have arisen as a result of a violation of the copyright provisions by a member's behavior.
2. By posting content, the member affirms that it has all rights to publish and exploit the content. The Member grants MZR the rights for reproduction, modification, distribution and publication of all content required for the regular worldwide operation of the system foodlocate.com, free of time and space, which the member makes available or distributes in the system foodlocate.com. At the same time, by submitting contributions, MZR is granted the right to present and distribute the contribution permanently on the pages of the MCR and the pages of the respective cooperation partners for certain services. In addition, by entering the content, Member MZR transfers the free, temporally and spatially unlimited right to duplicate, transfer, make available to the public and display, edit, cite, and copy the contents and extracts thereof, while respecting the moral and privacy rights. to integrate and distribute in collections and to publish on other platforms. In addition, the member allows all users and members at least the non-commercial use of this content.
3. The commercial and copyright protection is also subject to the content on foodlocate.com. Protected are in particular the reviews, reports, databases, graphics, logos, symbols and images. The users and members of foodlocate.com undertake to respect these copyrights and other industrial property rights of MZR.
4. The users and members of foodlocate.com are advised that the layout of the web pages, their contents, as well as the present terms and conditions, privacy statements and policies are protected and only with the prior written consent of MZR reproduced, recycled, revised or in others Websites or other media can be used.
§ 16 Link to third party websites and disclaimer for third party websites
1. MZR strives 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 not technically possible. MZR therefore dissociates itself from the content of all direct or indirect links to other websites introduced via MZR or its members and users. For the contents of these websites and for infringements of patent, copyright, trademark or personal rights, which take place on these pages, their respective providers are responsible.
2. MZR does not act as a representative, vicarious agent or broker for contracts that conclude its users and members with linked websites.
§ 17 Liability
1. The service offered by MZR foodlocate.com and the services and contents are for entertainment purposes only and are not intended to represent or replace professional advice or information in any way. Ratings and recommendations published by members are subjective opinions of members and in no way reflect MZR's opinion nor are they attributable to MZR. For this reason, evaluations, recommendations or other tips of the members do not constitute a purchase, contract, contact or other recommendation or information from MZR, but only a subjective opinion of the respective member.
MZR does not assume any warranty or liability for the content generated by members and for the impression created by the entirety of the content of all members. Any type of utilization or use of the content is therefore exclusively at your own risk. The content mentioned can only be considered a subjective, private, unprofessional recommendation or information and should not be understood as a business basis in contracting, but at most as an indication of the quality and reliability of the respective provider. MZR is also not liable for the overall impression created by the interplay of the individual evaluations and recommendations and the material or immaterial damage attributable to such an overall impression.
2. MZR is not liable for any infringement, loss of data or any other damage suffered by members or third parties due to the behavior of its members or users. The users and members of foodlocate.com are solely responsible for their user profiles and the content they post, send or modify. In this respect, MZR assumes no liability for data losses, damages or violations of rights resulting from negligent or careless handling of the access data of the user profiles.
3. MZR is not liable for data loss, access difficulties and damages resulting from improper use of user profiles by members or due to system errors, system failures due to force majeure or external influences (hacker attacks, system failures due to spam attacks) and Employees or vicarious agents of MZR are not responsible.
4. Despite extensive efforts to keep its own system free from external viruses, worms and other causes of damage, MZR can not guarantee the freedom from errors and viruses of the system. MZR also can not guarantee trouble-free availability of its system. In particular, it is not liable for failures and damage to computer systems that are due to force majeure, external influences or a failure or malfunction of the gateways, networks, providers or host servers.
5. Version transitions as well as major maintenance, extension or overhaul work are generally announced in advance by MZR in order to give members the opportunity to protect themselves against any data loss through anticipated data backup. The liability for data loss is limited in each case by the typical recovery effort. This is based on the damage that would have occurred if reasonable safeguards were taken (such as making backup copies).6. In the case of contractual and non-contractual claims, MZR is liable for intentional or grossly negligent breaches of duty by its active members, employees or vicarious agents.
MZR is liable for slight negligence only in case of injury to life, body or health as well as in case of violation of an essential contractual obligation of MZR. In this case, MZR's liability is limited to the amount of damage typically foreseeable at the time of conclusion of the contract. The objection of contributory negligence of the user or member remains with MZR.
7. Liability under the Product Liability Act remains unaffected.
§ 18 Exemption
1. The users and members indemnify MZR and its employees from any liability and all claims or costs incurred as a result of violations of rights or of acts of other members or users of foodlocate.com that are prohibited by these Terms and Conditions. In particular, they release MZR from liability for infringement of their patent, copyright, trademark or personality rights, through statements, ratings, images or photos of other members made available to them in the system of foodlocate.com or in any other way.
2. Each member indemnifies MZR and its employees from any liability and all claims and costs asserted by other members or third parties for MZR's infringing or abusive conduct within the framework of the dining foodlocate.com system.
3. The members and users also assume the costs of the necessary legal defense of MZR, including all legal fees and attorney's fees, in the said cases of exemption. This does not apply if the members or users are not responsible for the infringement. Legal defense against the above-mentioned claims remains reserved for MZR. Members and users of foodlocate.com undertake to forward all information relevant to their defense to MZR.
§ 19 Change of the general terms and conditions
1. MZR reserves the right to amend or supplement these Terms and Conditions at any time without giving reasons. In the case of significant changes or additions to the terms and conditions, the members will be informed immediately by e-mail about the new amended passages of the Terms and Conditions and requested to submit their consent within two weeks. Insofar as the member does not object to the changed terms and conditions within two weeks of receipt, these are deemed accepted. The meaning of the expiry of the two-week period will be reported to the member in the said e-mail.
§ 20 Final Provisions
1. For the existing and all legal relationships arising in the context exclusively the law of the Federal Republic of Germany under exclusion of the regulations of the international private law and the UN sales law applies.
2. For users and members who are merchants or for other reasons can make a jurisdiction agreement, the jurisdiction is Nuremberg.
§ 21 Authorized representatives
1. foodlocate.com is guided as under Imprint.
Status of the Terms: February 2020