Terms of Use for Kitchen Stories

These Terms of Use are a binding contract between AJNS New Media GmbH, Storkower Str. 115, 10407 Berlin ("AJNS") and you ("You"; "User"). For more information about AJNS see the disclaimer on our website www.kitchenstories.de.

You can use the "Kitchen Stories" App (the "App") and/or the “Kitchen Stories” Web services (the “Services”) only in accordance with these Terms of Use. These Terms of Use replace all previous contracts between the parties concerning the App and/or the Services. In addition to the Terms of Use, the Terms and Conditions for the distribution platform used to download the App (e.g., the Apple App Store, Google Play, etc.) apply. In case of contradictions, the provisions of these Terms of Use have prevalence.

1.  Subject of agreement

1.1   The App and the Services offer community functions and access to content (especially video) of AJNS and other users on the subject of cooking. The precise system requirements and the full scope of functions of the App are found in the product description on the distribution platform used to download the App (hereinafter the "App Store"). The Services allow the entry and retrieval of content via a website.
1.2   The App is provided free of charge in the object code. Use of the community functions is also free of charge. The source code of the App is not the subject of this agreement.
1.3   AJNS reserves the right to provide extended functions beyond those specified in the in-App purchasing option of the corresponding App Store and additional services. In addition to these Terms of Use, other special terms and conditions may apply, which will be communicated before the in-App purchase accordingly. The price and scope of functions of the corresponding in-App purchases is shown always in the offer shown in the App.
1.4   AJNS can provide updates for this App free of charge in the respective App Store, which change the scope of functions of the App. The exact system requirements and the complete scope of functions of such updates and the updated version of the App can be found in the product and update description in the corresponding App Store.
1.5   These Terms of Use apply correspondingly to all in-App purchases and updates and to the latest updated version of the App acquired in the process of in-App purchase and/or update.
1.6   In order for you to be able to use the community functions of the App and/or the Services (e.g., create profiles, access content of other users), you have to register free of charge after downloading the App. You can also use the App and/or the Services without registering. The community functions are not available to you in this case. Important: AJNS does not appropriate the user's content!

2.  Contract conclusion; optional registration

2.1   The contract for use of the App and the Services including the granting of the rights of use to the App comes into existence once the user clicks on the "install" button (may be called differently depending on the App Store) on the product description page in the corresponding App Store and enters his/her password for that App Store; the T&C of the corresponding App Store apply to further details, if pertinent.
2.2   The contract about the use of the community functions of the App and the Services come into existence as follows: By sending a fully completed registration form from the App or through the Kitchen Stories website, you are concluding a contract. AJNS will confirm the receipt of the registration form. AJNS can accept the offer by switching on the community functions in the App and in the Services. However, there is not claim to contract conclusion.
2.3   After registration, we explain to you via email the most important basic functions of the community. If you have opted in accordingly, we will also send you our newsletter, pointing out new features, products or content. You can manage your e-mail preferences from your user account, and you can also unsubscribe from the newsletter at any time, e.g. by selecting the unsubscribe link in each newsletter. You can subscribe to the newsletter again at any time.

3.  Rights and duties of the user

3.1   The data required for registration must be provided truthfully and updated immediately if it changes to ensure smooth use. If alternative methods with access to existing user profiles (e.g., registration via Facebook) are offered for registration, this obligation applies accordingly to the data stored in those user profiles.
3.2   You are responsible for protecting your registration and access data (e.g., user name, password) and you should not disclose them or tolerate or enable unauthorized or third parties to find them out. You are obliged to take the required measures to guarantee confidentiality and immediately report abuse or loss of such information or suspicions thereof to AJNS by e-mail to hello@kitchenstories.de.
3.3   As part of the community functions you have the option to set up your own content in your profile (e.g., personal information, profile picture) and the database of Kitchen Stories content (e.g., personal recipes and videos). Please keep in mind that all registered users can view your profile. With respect to your own recipes you can decide yourself whether this content is visible to all the registered users of the App/Services or only to you.
3.4   You are not allowed to add content that violates applicable laws or copyrights or personality rights of third parties or that could significantly disrupt the open and friendly environment in the community. In particular, you are not allowed to add any content that is abusive, defamatory, obscene, sexist, pornographic, political or extremist religious, violent, harmful to minors or otherwise illegal or unsuitable for an unrestricted circle of users. In addition, you may only add content that you have either created yourself or received permission to use from the author or any other disclosed people. You may not take content from other platforms or other sources without request and add it to the community under any circumstances.
3.5   Due to the large scope of user-generated content AJNS is not able to check all content before approving it, but it reserves the right to block, change, or delete content in reaction to complaints or upon obtaining knowledge in another way, if such content violates the principles mentioned in Section 3.4 or is not suitable for the subject of the community.

4.  Rights and duties of the AJNS

4.1   AJNS provides the App for download through the App Stores.
4.2   AJNS provides the community functions for the App and the Services with the average availability rate of 97% a year. The availability calculation does not include the planned maintenance times within reasonable scope. AJNS will make an effort, within an economically viable scope, to inform about the planned maintenance times in a suitable location on the community platform ahead of time and to perform such maintenance work outside of the community peak times.
4.3   Clarification: AJNS can change the content available through the App and/or the Services at its own discretion at any time. In particular, the content set up in the community could be changed or deleted by the authors. There is no entitlement to first-time or continued access to specific content.

5.  Rights granted to the user

5.1   AJNS grants the user a world-wide, non-exclusive (simple), non-transferable, non-sublicensable right to use the App, the Services, and the content of the community including any documents and user manuals found in the App for private purposes and save and display within the scope necessary for use in accordance with regulations and contract, and share exclusively by using the App functions intended for this purpose with other users in the community or through other supported social networks. This right is permanent for the App and AJNS's own content and time-limited for the community for the period of the contract for the use of community functions. The user may download and use the App exclusively on devices that are linked to the App Store ID used for the installation. All rights that are not expressly granted, especially the right to process, disseminate and/or otherwise exploit the App and the community content remain reserved.
5.2   The user may not decompile the App or otherwise reverse engineer it or try to find out the source code. An exception to this are actions that are necessary to obtain interface information required to ensure interoperability of the App with third-party software; this requires that the user has previously made unsuccessful attempts to find out such information from AJNS in exchange for an appropriate compensation of expenditures. Interface information obtained in this manner may only be used for establishing interoperability, and may not be published, and may only be provided to third parties in the scope necessary for establishing such interoperability.

6.  Rights granted to AJNS; exemption

6.1   The user grants to AJNS the gratuitous, worldwide, non-exclusive, transferable, sublicensable right, limited to the duration of the contract, to save all community content added by users (including permitted derivative works such as translations) for the purposes of the contract for the use of the App, the Services, and the community functions, in particular including the display content with other users of the Community, and to duplicate, make publicly accessible, translate into other languages, and edit technically to the necessary extent, especially due to compatibility and optimization of the need for storage space and transfer capacities (in particular to compress and slightly reduce, even if the effects are visible; but the content cannot be distorted), and use in other ways as needed for the purposes of the contract. Important: AJNS does not appropriate the user's content.
6.2   You commit to exempt AJNS from all damages, claims, costs (including customary legal fees) and expenditures that AJNS incurs as a result of in-court or out-of-court legal actions taken by third parties or authorities against AJNS due to or in connection with a breach of Section 3.4 of these Terms of Use in the community content added by you. This does not apply if you are not the one responsible for the breach.

7.  Guarantee/Liability

7.1   The App is provided free of charge and other services (specifically the Services) are also provided free of charge. AJNS does not assume any guarantees and is liable in accordance with the legal provisions only for intent and gross negligence; AJNS is only liable for App defects if AJNS maliciously concealed the defect.
7.2   If parts of the App and/or specific services of AJNS are not free of charge through in-App purchases, AJNS is liable exclusively in accordance with the special terms for in-App purchases.
7.3   The user must regularly back-up his/her data. If AJNS is liable for data loss in accordance with this section, such liability is limited to the restoration costs, which would have been incurred in case of regular and risk-adequate preparation of back-up copies.
7.4   AJNS is not liable for damages resulting from a change of the App by the user or a software and hardware environment that differs from system requirements.

8.  Duration and cancellation; consequences of cancellation

8.1   Clarification: The App itself is made available for permanent use; the corresponding right of use cannot be canceled.
8.2   The contract for the use of the underlying community functions and the Services is concluded for an undetermined period of time and may be canceled regularly by either party at any time with a notice period of 7 days, unless otherwise specified in this section 8.
8.3   In deviation from Section 8.2 the special conditions for any time-limited premium functions acquired through in-App purchases may specify other periods for regular cancellation of the contract for the use of the underlying community functions; unless special regulations are contained therein, the cancellation will become valid only once the contract period of the time-limited premium function ends.
8.4   The legal right of both parties to an immediate extraordinary cancellation for an important reason remains reserved. An important reason for AJNS, in particular, is when the user breaches one of its obligations from Section 3 and, if the breach can be rectified, does not do so within 14 days after being prompted by AJNS to do so. In particular in case of breaches against Section 3.4 a notice period is superfluous.
8.5   After the cancellation of the use of community functions goes into effect, AJNS will no longer show the community content of the user and delete it after four weeks. Within this period, AJNS will provide the content to the user for download or in another reasonable manner on request.

9.  Final provisions

9.1   Choice of law
These Terms of Use are subject exclusively to the laws of Germany, excluding the CISG.
9.2   Language; contract text
The contract is concluded in German and English. AJNS does not save the contract text. The Terms and Conditions can be viewed at any time on our website at kitchenstories.io/terms
9.3   Place of jurisdiction
The place of jurisdiction and performance is Berlin for (i) users who are not consumers, (ii) users who have no residence in Germany upon contract conclusion or move to another country after contract conclusion, and (iii) users whose regular place of residence is unknown at the moment when a lawsuit is filed. Otherwise, the place of jurisdiction for consumers is based on the general rules.
9.4   Dispute Resolution Information
The European Commission offers an Online Dispute Resolution (ODR) Platform at http://ec.europa.eu/consumers/odr/. However, we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.
9.5   Salvatory clause
If a provision of this contract is or becomes invalid, the validity of the rest of this contract will not be affected. The parties agree, within reason and in good faith, to replace the invalid provision by a permissible regulation that is equivalent in terms of economic outcome, as long as this does not result in any substantial changes of the contractual content.
9.6   Changes to the Terms and Conditions
AJNS may change and adapt these Terms during the validity period of the contract for the use of community functions effective for the future, if this is necessitated by changes in the legal and economic general conditions, especially changes in the law and court practices. AJNS will send the amended Terms to the user at least six weeks before the planned entry into effect per e-mail and point out especially the new provision. At the same time, AJNS will set a reasonable period of at least six weeks for the user to declare the acceptance of the amended Terms of Use for the further use of services. If no declaration of acceptance is made within this period, since the receipt of the information, the amended Terms will be considered accepted. AJNS will inform the customers once the period begins in particular of the legal consequence, i.e., the right to object, the deadline for objection, and the significance of remaining silent. This change mechanism does not apply to changes of the parties' main contractual duties.

Version: November 2017