Terms of Use

General Terms and Conditions for the use of www.cookingwithamc.info

1. Preamble

1.1 The following General Terms and Conditions ("GTC") specify the rules for use of the services offered at cookingwithamc.info (including any associated domains, e.g. .com, .de, .at, .ch, .it, .es, etc. as well as mobile versions; collectively referred to as "cookingwithamc.info") by its users. By registering with cookingwithamc.info, users expressly agree to these GTC.

1.2 cookingwithamc.info is a multimedia platform operated by AMC International as a stand-alone portal, which enables users to configure, upload, design and publish their own content on the topic of cooking (especially recipes), to interact with others on this topic, and to share content with a wide and open community. The services provided at cookingwithamc.info include the possibility to post diverse user-created content ("contents") on cookingwithamc.info, such as pictures or texts on cooking topics, as well as to evaluate content posted by other users under certain conditions, as also to comment and participate in votes thereon. Furthermore, cookingwithamc.info provides users with opportunities to contact other users in a variety of ways. There is also the possibility of direct communication via messages within the cookingwithamc.info system, as well as the possibility to make different content accessible to a limited circle of other users ("friends") via the user's profile settings. For this purpose, users have the option to add other users to their virtual circle of friends within cookingwithamc.info via a "Friends" function. In addition, there are also various public forums and groups on the platform. The operator reserves the right to also offer paid services to users at a later date.

2. Availability and use of the portal

2.1 cookingwithamc.info is subject to an ongoing process of development and adaptation. This means that new functions may be introduced or existing functions removed at any time. Users are, of course, given reasonable notice by e-mail about planned shutdowns of essential features.

2.2 Among other features, cookingwithamc.info makes a "profile page" and a "mailbox" available to each user. Users of cookingwithamc.info can present themselves via the profile page and communicate publicly and non-publicly with other users via various functions. The mailbox may be restricted in scope under certain circumstances. In each case, the maximum number of messages in the mailbox is displayed to the user via "Messages/Inbox" and "Messages/Sent". If and to the extent that such restrictions are introduced or modified, users are notified via e-mail or message about any changes to their available storage capacity or any reduction in the storage time of the messages in their mailbox two weeks in advance. Once the maximum capacity of a mailbox has been reached, no further messages can be received.

2.3 cookingwithamc.info strives to ensure a high level of availability and reliability for its services. However, as a free service for private users, cookingwithamc.info provides no guarantee of constant availability.

Furthermore, unrestricted availability of the website's services cannot be guaranteed from a technical point of view, since their use requires access to telecommunication networks and connections which are beyond the control of cookingwithamc.info. cookingwithamc.info shall endeavour to reduce operational interruptions (for example, due to updates or maintenance work on hardware and software) as far as possible and to inform users as early as possible about the extent and duration of such interruptions in a prominent place, e.g. on their profile page or via Layer.

2.4 cookingwithamc.info informs users via e-mail about news from their network within cookingwithamc.info, i.e. each user receives information about the activities of their friends or other third parties (in particular, about new messages received from them), provided that they are linked to the user's profile. This e-mail information is not of a promotional nature. Users can determine whether they wish to receive such e-mails or not, or deactivate these notifications, via their profile settings.

3. Registration and login data

3.1 In order to make use of the features of cookingwithamc.info, users must first register at cookingwithamc.info. No legal right to registration exists. Only legally competent persons and persons acting with the express consent of their legal representatives are entitled to use the offered services. Once registered, the following information (if provided) from the user's profile will be visible to all cookingwithamc.info users: user name/nickname, profile picture and status. In addition, the settings under "My profile" enable users to specify which parts of their profile are visible to other users, and also whether they can be found via the internal search function.

3.2 Users must complete all required fields in the registration form truthfully and correctly. Registration is only possible once the mandatory fields are completed. The correctness of the information provided by users is not usually verified by the operator. However, cookingwithamc.info reserves the right to check the correctness of the information in individual cases and, if necessary, to request appropriate supporting documents from the user. However, users are not required to provide their real names during registration. The services can also be used under a pseudonym or nickname.

3.3 Users must keep their password secret and may not share it with third parties. In the event that users become aware of facts that indicate a risk of third parties gaining knowledge or use of their password, they are obliged to change their password immediately or inform the operator accordingly without delay.

4. Obligations and duties of the user

4.1 Each user is solely responsible for their posted content, as well as for the content of their communications with others (both public and non-public). Users shall protect the rights and interests of other users or other third parties, in particular their personal rights.

4.2 Users may not post content on cookingwithamc.info — in particular on their profile page, in forums and in groups — which violates legal provisions or good morals.

5. Prohibited content

5.1 cookingwithamc.info expressly points out that the types of use/content listed below are not permissible and, in the case of an initial infringement, in addition to removing the respective content and/or post, cookingwithamc.info reserves the right to apply further sanctions, including immediately blocking the user's access to all services:

• All posts, activities and acts which depict or glorify illegal and in particular offensive, pornographic or other acts which are contrary to the protection of minors, as well as any posts which otherwise harm the integrity or business reputation or other reputation of natural or legal persons
• The disclosure or provision of access to personal login data for cookingwithamc.info, regardless of whether this is the user's own data or that of a third party
• Infringement of copyright and trademark rights of third parties
• Any form of discrimination against other persons as well as other serious violations of established online etiquette ("netiquette")
• The representation of radical conceptions of a political, religious or philosophical nature (in particular the use of symbols or signs related to such beliefs)
• Threatening, racist, slanderous, harassing or nuisance content or content that glorifies violence
• Content which is contrary to the decency or morality of the average population or is otherwise unsuitable for children or young people
• For all of the above, it is irrelevant whether such content is disseminated in communication with one or more other users or via the user's profile page. It is also irrelevant whether such content is directed against other users of cookingwithamc.info, against AMC employees or against other persons or companies. Hyperlinks to such content are also prohibited.

5.2 cookingwithamc.info is offered exclusively for private purposes. In particular, users therefore undertake

• not to post content that pursues commercial interests (such as spamming)
• not to carry out or promote any anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid systems)
• not to use the services at cookingwithamc.info to pester or harass other users or employees of cookingwithamc.info (e.g. stalking)
• not to attempt to gain unauthorised access to third-party data or to impair the functioning of cookingwithamc.info via the use of technical facilities or other measures
• not to abuse the internal communication and forum systems of cookingwithamc.info for the purpose of sending unwanted messages (e.g. spamming), chain letters or similar

Users are also not permitted to use scripts while using the services of cookingwithamc.info or to automate the retrieval of content from cookingwithamc.info. 

5.3 Users are responsible for ensuring that the content that they post on their profile page or elsewhere on cookingwithamc.info is free from viruses, worms, trojans or other programs which may endanger or impair the functionality or the existence of cookingwithamc.info or other websites.

5.4 Users must carefully check whether the above conditions have been satisfied before posting content on cookingwithamc.info.

6. Posting content and the rights of third parties

6.1 Users are aware that their posted content is disseminated in accordance with their configured settings via cookingwithamc.info and made publicly accessible to third parties, and in particular that the latter may retrieve and download this content via suitable devices (e.g. PC, notebook, mobile phone, smartphone etc.). This makes it possible for third parties who are beyond the control of the respective user and the website operator to use and reproduce the content.

6.2 Users are also aware that they are posting content on a platform which also contains advertisements of all kinds. These may include local advertising and customised advertising, insofar as this is offered by AMC. Where this is the case, users are offered the possibility to disable the display of local or customised advertising via their settings.

6.3 Users are also aware of the fact that the content that they submit for posting on cookingwithamc.info will be technically modified (e.g. adaptation of the format of photos, alteration of the resolution of photos or videos, assignment to categories (if not done by the user or unsuitable), creation of metadata for improved searchability as well as to assign the ingredients, e.g. to nutritional tables).

6.4 In addition, content posted by users is not only distributed via the web pages and mobile pages of cookingwithamc.info, but also via other media and channels, such as smartphone and tablet apps, cookingwithamc.info platforms/widgets/channels outside of the services provided at www.cookingwithamc.info, e.g. as part of the cookingwithamc.info content that is accessible via digital teletext (e.g. HbbTV), as well as via analogue teletext and widgets (i.e. small cookingwithamc.info applications on third-party websites/RTL pages). Furthermore, the operator also reserves the right to modify the difficulty rating of recipes submitted by users.

6.5 Users are responsible for ensuring that the contents of their posts do not violate the rights of third parties, and in particular personal rights, copyrights and other rights. Before posting content, users must carefully check whether any third-party rights may be violated by the posting of the content on cookingwithamc.info.

6.6 The operator accepts no responsibility for the activities of other users of cookingwithamc.info or other third parties.

6.7 The operator is entitled to publish the content submitted by users via cookingwithamc.info for editorial purposes in connection with cookingwithamc.info, and also for the purpose of promoting the platform cookingwithamc.info, and in particular via the various media/distribution channels described in section 5.4 and also, where appropriate, on television and via the social media pages of cookingwithamc.info (e.g. on Facebook).

7. Blocking of content, damages and indemnification of the operator by the user

7.1 If there are factual indications which justify the suspicion that content posted by users (in particular on the profile pages and in public communication as well as whole topics or contents, recipes and in particular recipe photos) does not satisfy the requirements set out in section 4 of these GTC or infringes the rights of third parties (see section 5.5), the operator is entitled to block or delete such content as well as the profile of the respective user. When deciding on the specific action to be taken, the operator shall take into account the legitimate interests of the user and the gravity of the infringement. Irrespective of the right to block or remove such content, the operator remains entitled to terminate the contractual relationship with the user as a whole under the conditions set out in section 7 of these GTC and/or to assert other claims (in particular claims for damages) against said user.

7.2 In each case, the respective user shall compensate the operator for damages caused by a breach of the user's duties and obligations, unless the user is not responsible for said breach. In particular, the user shall indemnify the operator against all third-party claims resulting from a breach of the user's duties and obligations under these GTC (in particular those specified in sections 4 and 5), unless the user is not responsible for said breach.

8. Term of use

8.1 Users may terminate their membership at any time by deregistering. The operator is entitled to effect an ordinary termination of the contractual relationship with the user with a notice period of two weeks.

8.2 The right to extraordinary termination for good cause remains hereby unaffected. In particular, good cause for termination exists in the event that one of the parties has violated their obligations under these GTC. Furthermore, good cause shall exist in the event of breaches of the other rules stipulated by cookingwithamc.info or of netiquette.

8.3 Users are not entitled to require the operator to return any content submitted by them. In the event of termination of use, the operator will

• permanently delete the respective user's profile page and mailbox
• either replace the moderator of groups founded by the user, possibly after consultation (whereby these groups shall remain in existence under another moderator) or delete the respective groups

Naturally, the contact possibilities offered by cookingwithamc.info with other users of cookingwithamc.info will no longer be available to the user. cookingwithamc.info does not offer the possibility to export the user's network of contacts for other purposes. In the case of extraordinary termination by the operator, the user shall be permanently excluded from using the services of cookingwithamc.info, i.e. the user shall not be permitted to re-register subsequently. 

9. Liability

9.1 cookingwithamc.info will only accept liability for damages resulting from intentional or grossly negligent breaches of contract, as well as for damages resulting from minor negligent violations of essential contractual obligations. In the latter case, the operator's liability shall be limited to the level of damages that were typically foreseeable upon conclusion of the contract. The operator's liability for damage to life, limb and health and also its liability under the German product liability act (Produkthaftungsgesetz) remains unaffected.

9.2 Any compensation claims asserted against cookingwithamc.info shall expire after 12 months after their assertion. Exceptions are claims based on intentional or illegal misconduct as well as claims based on liability under the Produkthaftungsgesetz.

9.3 The aforementioned limitation of liability also applies to companies that are affiliated with the operator as well as to the personal liability of its employees, representatives, partners and vicarious agents and/or affiliated companies.

10. Information about rights infringements

10.1 Via a "report button" in the recipes and via the website's contact form, cookingwithamc.info makes it possible to contact the operator if there is a suspicion that specific user-posted content infringes any copyrights or other intellectual property rights or personal rights. In order for an investigation of the alleged infringement to be possible, it is necessary to provide complete and correct information.

10.2 In addition, in cases where cookingwithamc.info contains content which a user deems to be in violation of these GTC or statutory provisions, said user is requested to contact the operator via the respective "reporting function" and, in particular, to provide the operator with specifics about the nature of the infringement and the location of the content.

11. Property rights of cookingwithamc.info

Users recognise that all brand and other property rights pertaining to the services offered at cookingwithamc.info and all distinguishing characteristics relating thereto are the exclusive property of the operator and may not be used without the latter's prior written consent. Furthermore, no software provided in the context of the offered services may be copied, decompiled or otherwise modified without the operator's explicit consent.

12. Privacy policy and data security for cookingwithamc.info

Data security is an important concern for the operator of cookingwithamc.info and is promoted accordingly via a number of measures, which enable the operator to make user-posted content available to other users. However, cookingwithamc.info is expressly not an archive system that can be used for the back-up of users' data. Each user is obliged to arrange their own back-up of the content that they have posted on cookingwithamc.info at another location. Further information about data security and privacy is contained in our Privacy Statement. In particular, the latter also informs users how to control how much of their data is visible to third parties (including other users of cookingwithamc.info as well as other third parties).

13. General provisions

These General Terms and Conditions are valid as of 8 June 2017. cookingwithamc.info reserves the right to change the conditions of use in the future and shall inform all users in a timely manner about any such changes.

All users have the right to object to the new conditions of use. In such cases, cookingwithamc.info is entitled to terminate the usage relationship.

14. Final provisions

Any interpretation of these GTC as well as all legal relationships between the operator and the users are subject to German law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the registered office of the operator.

Rotkreuz, June 2017, AMC International AG