Terms of Use for JustBakeBread.com

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Terms of Use for JustBakeBread.com

1. Scope and Definitions

1.1 The following terms of use apply to the use of the blog provided by Christian Meding, Voßkuhlstr. 3, 42555 Velbert, Germany (hereinafter referred to as „Operator“) under the name „JustBakeBread.com“ (hereinafter referred to as „JustBakeBread.com“). The inclusion of the user’s own conditions is opposed unless otherwise agreed.
1.2 For the purpose of these terms of use, ‚user‘ is a generic term for users who have reading access as visitors to the blog (hereinafter referred to as „website“) or users who upload a favorite recipe and pictures (hereinafter referred to as „recipes“) on the website. Users can be consumers within the meaning of § 13 BGB as well as entrepreneurs within the meaning of § 14 BGB.

2. Conclusion of Contract

2.1 By using the website for reading access or uploading a recipe under the designated menu item, a user contract between the operator and the user for the use of JustBakeBread.com comes into effect under these terms of use.
2.2 The contract language is German.

3. Subject of the Contract, Services of the Operator

3.1 The operator provides JustBakeBread.com as a website free of charge, through which users have reading access to the content provided by the operator and can upload their own recipes using the software provided by the operator.
3.2 Under the menu item designated for recipes on the website, the user can create, edit, manage, and upload recipes, which are publicly accessible to every internet user and can be found via search engines. The data required for creating recipes and the specific scope of services result from the input mask on the operator’s website. Contributions can be shared via integrated sharing function over messenger services or social media.
3.3 The operator reserves the right to change the services offered or to offer different services unless this is unreasonable for the user.
The operator also reserves the right to change the services offered or to offer different services if:

  • he is obliged to do so due to a change in legal situation;
  • he complies with a court judgment or an administrative decision directed against him;
  • the respective change is necessary to close existing security gaps;
  • if the change is merely advantageous for the user; or
  • if the change is purely technical or procedural in nature without significant impact for the user.

Changes with only an insignificant influence on the operator’s services do not constitute service changes within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change of the arrangement of functions.
3.4 The operator is entitled to use third parties as subcontractors for the provision of the contractually owed services. In this case, the provisions of these terms of use apply accordingly.

4. Duties of the User, Responsibility for Content

4.1 Each user is solely responsible for the content of the recipes that he posts on JustBakeBread.com, especially for their truthfulness and legal harmlessness. The user assures that the data he provides are true. Furthermore, the user ensures that the content of the recipes he posts does not violate these terms of use, nor contain any illegal content that violates laws, regulatory requirements, or third-party rights.
4.2 A violation is especially present if the user publishes the following content:

  • Copyrighted content for which there is no authorization to use (e.g., photos for which the photographer and/or a person depicted has not consented to publication on the internet);
  • False factual claims;
  • Contributions that aim to personally attack or defame other users;
  • Racist, xenophobic, discriminatory, or offensive content;
  • Content harmful to minors;
  • Content glorifying violence;
  • False profile data to conceal true identity;
  • Advertising for brands, products, or services;
  • Links to pages that do not comply with legal requirements or these terms of use.

4.3 Users must refrain from any activity that is capable of impairing the operation of the website or the underlying technical infrastructure and/or excessively burdening it. This includes in particular:

  • the use of technologies that harm the website, users, or third parties or harass them (viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks, etc.);
  • the automatic reading, blocking, overwriting, modifying, copying of data and/or other contents on the website of the operator as well as the mass creation of identical contributions, insofar as this is not necessary for the proper use of the online marketplace.

4.4 Furthermore, without the express written consent of the operator, no technologies may be used to extract any essential parts of JustBakeBread.com for reuse (whether once or multiple times). Furthermore, without the express written consent of the operator, no own database may be created and/or published that contains essential parts of JustBakeBread.com (e.g., recipes).

5. Granting of Usage Rights by the Operator

5.1 The operator grants the user a non-exclusive right, limited to the duration of the user contract, to use the website provided by the operator and the contents contained therein within the framework of these terms of use.
5.2 This contract does not include the transfer of ownership or usage rights, licenses, or other rights to the contents of the website and/or the website and the contents contained therein to the user. All rights to the contents of the website and/or the website used by the user, copyright, trademark, performance protection, personality, and other protective rights of the operator remain unrestricted with him.

6. Granting of Usage Rights by the User

6.1 The operator is entitled to use content and information provided by users for JustBakeBread.com or to have them used by third parties.
6.2 The content provided may be reproduced, distributed, utilized, edited, translated, reprinted, or passed on by the operator.
6.3 The operator may also use the content provided by the user at JustBakeBread.com for external presentation on partner websites, in the operator’s social media channels, and/or in advertising networks (affiliate marketing).
6.4 The user grants the operator all rights for the contractual use of the provided content free of charge, in particular for their publication and storage on the server of the operator or on the server of the service provider used for this purpose. The user ensures in this respect that he can freely dispose of all rights required for the publication of the content, that he has unrestricted rights, and that no disposal of the rights has been made that would oppose the transfer of rights to the operator according to this contract.

7. Rights of the Operator, Sanctions

7.1 If the user violates legal regulations or these terms of use or if the operator has concrete indications for this, the operator is entitled, taking into account the following provisions, to

  • delete related entries of the user,
  • modify entries within the scope of the editing right according to the above paragraph,
  • issue a warning,
  • take other necessary and appropriate measures.
    Which measure the operator takes depends on the individual case and is at the reasonable discretion of the operator.
    7.2 The operator expressly reserves the right to take legal action in case of a violation of the user against legal regulations or these terms of use.
    7.3 The operator is authorized to remove offers or content that do not fit the overall statement of JustBakeBread.com at his own reasonable discretion.

8. Ratings, Comments

8.1 The operator grants users the opportunity to rate recipes.
8.2 Users are obliged to make only truthful statements in the submitted ratings. The submitted ratings must be factual and must not contain defamation.
8.3 Any improper use of the rating system is prohibited. In particular, it is forbidden to:

  • submit ratings about oneself or have them submitted by third parties;
  • include in ratings circumstances that are not related to the published recipes;
  • use ratings for a purpose other than the use over JustBakeBread.com;
  • induce other users to act, tolerate or omit by threatening with the submission or non-submission of a rating.

8.4 The ratings are not checked by the operator without concrete suspicion and can be incorrect or misleading.
8.5 If a user believes that another user has submitted an incorrect or otherwise inadmissible rating about him, he can contact the operator with a complaint under the e-mail address mentioned in the imprint of the operator. The complaint must contain a justification as to why the relevant rating is considered incorrect or otherwise inadmissible by the affected user. In the case of a substantiated complaint, the operator will ask the author of the relevant rating to comment. If he refuses to change or withdraw his rating, the operator will decide at his own reasonable discretion, taking into account the interests of the affected users, whether the rating will continue to appear on JustBakeBread.com until a court clarification of the facts.

9. Liability of the Operator and Indemnification

9.1 With regard to the services provided by the operator, the operator, his legal representatives, and vicarious agents are liable without limitation

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body, or health,
  • in case of warranty promises, as far as agreed between the parties,
  • as far as the scope of the Product Liability Act is opened.

9.2 In case of breach of essential contractual obligations, the liability of the operator is limited to the foreseeable, contract-typical damage, unless there is unlimited liability according to clause 9.1. Essential contractual obligations are those obligations that the contract imposes on the operator according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the user can regularly rely (so-called cardinal obligations).
9.3 Otherwise, the liability of the operator is excluded.
9.4 The user indemnifies the operator from all claims that other users or other third parties assert against the operator due to the violation of their rights by content posted by the user or by other use of JustBakeBread.com by the user. The user assumes the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the infringement is not attributable to the user. The user is obliged to provide the operator with all information that is necessary for the examination of the claims and a defense in case of a claim by third parties without delay, truthfully, and completely. Any further claims of the operator remain unaffected.

10. Contract Duration and Termination

10.1 The user contract with the users of the website is concluded for an indefinite period and can be terminated by both parties at any time without observing a notice period.
10.2 The right to extraordinary termination for important reasons remains unaffected. An important reason exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period.
10.3 Terminations can be made in written or text form (e.g., email).

11. Alternative Dispute Resolution

11.1 The following regulations apply to users who are consumers. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The operator is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board / universal arbitration board.

12. Amendment of the Terms of Use

12.1 The operator reserves the right to change these terms of use if

  • he is obliged to do so due to a change in the legal situation;
  • he thereby complies with a court judgment or an administrative decision directed against him;
  • he introduces additional, completely new services, services, or service elements that require a service description in the terms of use unless the previous user relationship is adversely changed;
  • if the change is merely advantageous for the user; or
  • if the change is purely technical or procedural, unless it has significant effects for the user.

12.2 The right of termination of the user according to clause 10 remains unaffected by this.

13. Final Provisions

13.1 These terms of use and the contractual relationship between the parties are governed by the law of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13.2 If the user is a merchant within the meaning of the Commercial Code, an entrepreneur within the meaning of § 14 BGB, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the business seat of the operator. In all cases, the operator is also entitled to file a lawsuit at the place of performance of the service obligation according to this contract or a prior individual agreement or at the general place of jurisdiction of the user. Priority statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected.
Effective date: 04.10.2023



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