1. Type of offer

The domain https://www.fooder-app.com/ is operated by Niklas Vlach (hereinafter: “Fooder”, “Niklas Vlach” or “we”) and offers a platform that focuses on cooking and nutrition topics and mainly comprises user-generated content.Fooder provides the technical infrastructure for this and is not liable for third-party content. In addition, partner companies offer services and information via fooder-app.com. The business and contractual conditions of the partner companies apply exclusively to these. Fooder acts only as an intermediary and is not a contractual partner with regard to these services. fooder-app.com also enables users to make direct contact via a communication platform and to present their contacts to the outside world (social networking). Fooder reserves the right to change or discontinue the services offered or to offer new services.

2. Free registration

Users who wish to actively participate in communication (e.g. by exchanging information with other users, posting content such as recipes or forum contributions) must register on fooder-app.com. Registration is free of charge. Registration takes place at https://accounts.fooder-app.com/register. Users need an e-mail address and a freely selectable user name (alias). They must set a password when registering and keep it secret. More than one user profile per person is not permitted.

3. Availability and use of the offer

In principle, the offer is open to any natural and legally competent person who is willing to comply with these terms of use and contribute constructively to the topics and content. However, access to and use of the service is not legally enforceable; we always reserve the right to withhold our consent. Unrestricted availability of the service cannot be technically guaranteed, as our service depends on the telecommunications networks and connections of other providers over whose services we have no influence. Insofar as we have influence on interruptions (e.g. due to necessary measures such as care and maintenance work on software and hardware), we endeavor to keep these as short as possible and to announce them if necessary.

4. Obligations of users and special terms of use

Use is based on the following provisions, which contain the essential contractual obligations of users:

4.1. Illegal content, commercial advertising, unauthorized use, links

It is expressly pointed out that the following actions or content are not permitted. In the event of a first offense, the moderators will not only remove the content or post, but will also initiate further consequences, including the immediate blocking of the user from all services:

  • Any posts, activities and actions that are unlawful, in particular depict or glorify offensive, pornographic or acts that violate youth protection regulations, as well as any posts that disparage natural or legal persons in their honor or business reputation or damage their reputation.
  • Disclosing or making accessible personal access data to Fooder, whether your own or third-party data.
  • The infringement of copyrights or trademark rights of third parties, in particular in the event of a breach of the following section 4.2.
  • Any form of discrimination against other people and other serious breaches of netiquette.
  • Setting links to other sites or services that contain illegal, offensive or pornographic content or other undesirable content, as well as any form of advertising or commercial use without our express prior consent.
  • The automatic reading of the data on our site and the creation of our own search systems, services and directories using the content available on fooder-app.com, as well as the mass creation of identical posts (threads) and/or replies, including cross-posting, i.e. posting the same post in several forums. This also applies to text messages. Furthermore, the sending of chain mails or letters by e-mail as well as any structural sales or sales support, including so-called multi-level marketing.
  • Uploading software, scripts, files and other mechanisms or techniques that are suitable for spying on, attacking, paralyzing or otherwise impairing or contributing to the impairment of fooder-app.com or its users, their computers, the servers of fooder-app.com or the software used on the computers of the users or the servers of fooder-app.com.

5. Moderation and moderator rights

Administrators and moderators support the users in the forums. They monitor the topics and ensure compliance with the terms of use by taking measures such as moving, blocking or deleting posts and excluding members. These steps are taken in the interests of a harmonious forum climate and require no explanation. Moderators and administrators act in the interests of all users and deserve respect and support. These rules also apply to groups within the community, where the founder assumes the role of main moderator and can appoint group moderators. The founder must enforce the T&Cs in their group. Moderators and administrators can take over the tasks of the group founder if required. Their disciplinary powers within the groups are unrestricted. Administrators and moderators can randomly check compliance with the T&Cs. Administrators and moderators should act neutrally and independently in their role and not express their personal opinions in their official functions. Fooder may take the following measures in the event of violations of the terms of use:

  • Warning by text message.
  • Warning by text message.
  • Depending on the severity of the violation, temporary or permanent blocking of user access.

In the event of serious violations, Fooder may immediately and completely block the user’s access. Fooder assumes no responsibility or liability for the legal relationships between users or with partner companies. Each user must inform himself about the identity of his contractual partner. Fooder is not liable if a user or a partner company commits a breach of duty within the scope of a contractual relationship. In view of the large number of communication processes, Fooder cannot monitor all content. Users are requested to report dubious or unlawful behavior.

6. Termination of use

Users can terminate use at any time without giving reasons by removing their personal details from the user profile and no longer logging in. Any content entered and the user name will be deleted.

The personal data voluntarily provided by users will not be passed on to third parties by Fooder without consent. Users can change or remove their data at any time, but not their user account or user name. By releasing personal data for use within the communication platform, users agree that this data can be used by other participants. This consent can be revoked at any time by sending an email to datenschutz@fooder-app.com.

8. General provisions

These terms of use apply from 08.08.2020. Fooder reserves the right to change the terms and conditions and will inform users in good time. Users have the right to object to the new terms and conditions, whereupon Fooder may terminate the user relationship.