Updated and effective April 9th, 2020:
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By using the Site, you agree that you have read, accept, and agree to these Terms, including those additional terms and policies referenced herein and/or available by hyperlink. Do not use the Site if you do not agree.
ARBITRATION NOTICE: If you are a U.S. resident, note that the “ARBITRATION AGREEMENT” section below contains provisions that require, with limited exceptions, all disputes arising out of or relating to your use of the Site to be resolved in binding arbitration, and not in court, and that you and Dr. Oetker Hospitality USA LLC waive the right to bring or participate in a class action in connection with such disputes. Please read the ARBITRATION AGREEMENT carefully. By using the Site or accepting these Terms, you hereby agree to be bound by the ARBITRATION AGREEMENT if you are a U.S. resident.
We may offer a feature that has its own terms and conditions in addition to these Terms (“Additional Terms”). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply (unless the Additional Terms state that they do not apply).
TABLE OF CONTENTS
- Your Account
- Closing or Suspending an Account
- Authorized Use of the Site and Site Content
- Linking Policy
- Prohibited Use of the Site and Site Content
- Third-Party Site and Content
- Unsolicited Ideas
- Accuracy, Completeness, and Timeliness of Information
- Sweepstakes, Contests, and Promotions
- Disclaimer of Warranties; Waiver
- Limitation of Liability; Waiver
- Location of the Site and Territorial Restrictions
- Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution
- Contact information
1. YOUR ACCOUNT
You may browse parts of the Site without creating an account. However, to access certain features, you may be required to create an account that may require you to create a username and password and provide other information. Keep your username and password confidential. If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. You are responsible for your account activity and the accuracy of the information you provide. You must notify us immediately if you suspect any unauthorized activity. You acknowledge that Dr. Oetker Hospitality, in its sole discretion, cease to operate the Site or features within the Site. Dr. Oetker Hospitality reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice. We shall not be liable to you or to any third-party for any suspension or discontinuance of the Site or your account.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
2. CLOSING OR SUSPENDING AN ACCOUNT
You may close your account by contacting us at mailto:[email protected] stating that you wish to close your account. However, we may close or suspend your account without notice; if we do, you may no longer have any access to it.
3. AUTHORIZED USE OF THE SITE AND SITE CONTENT
You may use the Site and any material included in or otherwise part of the Site (including past, present, and future versions, images and text, the domain name, source and object code, and the elements that make up its “look and feel”) (collectively, “Site Content”) are owned, controlled, or licensed by Dr. Oetker Hospitality, and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.
The Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Dr. Oetker Hospitality.
You may visit our Site without further permission from Dr. Oetker Hospitality and Dr. Oetker Hospitality grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view and play the Site Content, including the following types of uses:
- Downloading Site Content that is made available for download.
- Using a link on the Site to share a link or Site Content as permitted by the sharing mechanism.
- Linking to a Sites using a plain-text link from a site that you own or control.
- Pasting HTML or other code we provide on the Site (“Widget”) to embed Site Content on your personal web page or social networking site.
You acknowledge that these authorized uses do not grant you any ownership or other rights in the Site or any Site Content, including links, sharing, or Widgets.
4. LINKING POLICY
While Dr. Oetker Hospitality grants you the revocable permission to link to the Site, any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Dr. Oetker Hospitality or the Site are endorsing or sponsoring any third party or its products or services, unless Dr. Oetker Hospitality has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Dr. Oetker Hospitality’s sole opinion, harm Dr. Oetker Hospitality’s or its products or services; (d) must not use any Dr. Oetker Hospitality’s trademarks without the prior written permission from Dr. Oetker Hospitality; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Dr. Oetker Hospitality’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Dr. Oetker Hospitality reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion. We may revoke our authorization at any time.
5. PROHIBITED USE OF THE SITE AND SITE CONTENT
In addition to other prohibitions as set forth in the Terms, you may not:
- Use the Site or Site Content for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
- Use the Site or Site Content for any commercial purpose, such as marketing or advertising.
- Use the Site or Site Content surrounded by or on the same page as other content that presents false information about, disparages, tarnishes, or otherwise harms us or our products or services or may be construed as offensive, controversial, or otherwise objectionable.
- Imply that we or the Site are endorsing, sponsoring, or otherwise affiliated with any third-party or its products or services.
- Frame the Site or Site Content.
- Take any action that causes the Site or Site Content to stop working properly or that circumvents security of the Site or Site Content.
- Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Site or any Site Content.
- Change or remove any author attribution, trademark, legend, or copyright notice or otherwise to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Except as part of standard use of a search engine or browser, download, monitor, mine, copy, or otherwise reproduce, store, or distribute the Site or any Site Content.
- Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
6. THIRD-PARTY SITE AND CONTENT
There may be links or functionality on the Site or in communications from us to third-party websites or online features. The Site may also include third-party content that we do not control, maintain, or endorse.
The Site may also permit interactions between the Site and a third-party website or online feature, including applications that connect the Site or your profile on the Site with a third-party site or feature. For example, the Site may permit you to share a link and Site Content to your social network or by email or to indicate on your social networking page that you “like” a specific product on the Site.
These Terms do not apply to any third-party sites or features, products, or services, including those to which the Site may link that we do not control. To the fullest extent permitted by law, neither Dr. Oetker Hospitality nor its service providers are responsible for the actions of any third-party. You acknowledge and agree that we make no representation or warranties about the completeness or accuracy of any third-party site and you use it at your own risk. If you choose to connect your information on a Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.
7. UNSOLICITED IDEAS
We welcome your feedback and your participation in Site features. However, we do not review any unsolicited ideas, inventions, suggestions, or materials to avoid misunderstandings if we (or someone we are working with) develop something that seems similar to what you submitted. By submitting any unsolicited idea, invention, suggestion, or other materials (through the Site, by email, or regular mail, or any manner), including User Content, you agree—regardless of what you might say as part of the submission—that: (a) it is not confidential or proprietary to you, (b) we have no obligation to acknowledge receipt or return it to you, and (c) we are free to use, distribute, or disclose it without any compensation to you or any third-party.
8. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. We shall not be liable to you or to any third-party for any such modification.
9. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
The Site may offer products or services for sale and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. Dr. Oetker Hospitality may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Sometimes you may be able to purchase products through a payment provider with whom you have a direct relationship. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Dr. Oetker Hospitality shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for the product listed at the incorrect price. Dr. Oetker Hospitality shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purpose and your order is properly canceled, Dr. Oetker Hospitality will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Dr. Oetker Hospitality’s acceptance of your order, nor does it constitute Dr. Oetker Hospitality’s offer to sell. Dr. Oetker Hospitality reserves the right after receipt of your order to accept or decline your order for any reason. Dr. Oetker Hospitality reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Dr. Oetker Hospitality may require additional verifications or information before accepting any order.
11. DISCLAIMER OF WARRANTIES; WAIVER
To the fullest extent permitted by applicable law, the Site and materials on these Site, and any products sold through the Site, are provided “as is”, “as available” and “with all faults.” To the fullest extent permitted by applicable law, Dr. Oetker Hospitality, and its parent companies, affiliated entities, vendors, service providers, licensors, and suppliers, and the directors, officers, employees, affiliates, agents, contractors, interns, and other representatives of each of them (collectively, “Dr. Oetker Parties”):
- Disclaim all representations, warranties, endorsements, or conditions of any kind whatsoever, express or implied in connection with the Site and Site Content; User Content, and/or security associated with the transmission of information to Dr. Oetker Hospitality or via the Site, including (but not limited to) any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, non-infringement, system integration, and freedom from computer virus.
- Do not represent or warrant that the Site (or Site Content) will be uninterrupted, timely, secure, or error-free or that the Site or its server is free of viruses or other harmful components; that defects will be corrected; or that the Site or the server that makes the Site available is free from harmful components, including, without limitation, viruses. You agree that from time to time we may disable the Site for indefinite periods of time or shut down the Site at any time, without notice to you
- Do not represent or warrant that the information (including any instructions) on the Sites is accurate, complete, or reliable.
By accessing or using the Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.
Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services. The Dr. Oetker Parties do not endorse User Content and are not responsible for User Content.
12. LIMITATION OF LIABILITY; WAIVER
To the maximum extent permitted by applicable law, you agree that under no circumstances shall the Dr. Oetker Parties be liable to you or anyone else for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, that result from: (a) the Site or Site Content; (b) User Content; (c) the use of, or the inability to use, the Site or Site Content; (d) action taken in connection with an investigation by the Dr. Oetker Parties or law enforcement authorities regarding your use of the Site; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Site’s technical operation; (g) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of good will, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Dr. Oetker Parties have been advised of or should have known of the possibility of such damages. In no event will the total liability to you by the Dr. Oetker Parties for any claims, damages, losses, and causes of action exceed the amount you paid us, if any, for accessing the applicable Site or, if you did not pay us, $10.00 USD. This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law or to limit or exclude liability for personal injury or property damage caused by the Dr. Oetker Parties, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct by the Dr. Oetker Parties.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
14. LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS
Dr. Oetker Hospitality controls and operates the Site from offices located in the United States. The information and content provided through the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dr. Oetker Hospitality to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
15. ARBITRATION AGREEMENT / GOVERNING LAW / CLASS ACTION WAIVER / DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to your use of the Site (including without limitation the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. The parties waive their rights to file suit in court to assert any allegation, claim, or cause of action against the other, or to have a jury trial on any allegation, claim, or cause of action, and any right to do so (including without limitation the right to a jury trial) is hereby waived. Notwithstanding the foregoing, you and Dr. Oetker Hospitality retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Dr. Oetker Hospitality retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including without limitation pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property.
Any claim or controversy arising out of or relating to your use of the Site or this Arbitration Agreement shall be governed by the procedural and substantive laws of the State of Delaware, without reference to choice-of-law rules. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures then in effect. The arbitration shall be presided over by a single arbitrator in Delaware. In the event this venue will cause undue hardship to you, then, the discretion of the arbitrator, the arbitration will be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the Continental U.S. To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply.
Claims subject to this Arbitration Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim.
All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.
Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dr. Oetker Hospitality will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you.
The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including without limitation arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.
If any portion of this Arbitration Agreement is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of this agreement. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of this agreement.
The foregoing provisions limit certain rights, including without limitation, the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS rules and these dispute resolution terms, and the right to certain remedies and forms of relief; provided that nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by law. Other rights that you would have in court also may not be available in arbitration.
If any of the provisions of these Terms are found unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be considered severable from these Terms and will not affect the validity and enforceability of the other provisions. These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). If Dr. Oetker Hospitality does not act after you or others breach these Terms, it does not waive Dr. Oetker Hospitality’s right to act in the future with respect to such breach or any subsequent breaches. No waiver by Dr. Oetker Hospitality of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Dr. Oetker Hospitality. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Dr. Oetker Hospitality may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Dr. Oetker Hospitality’s prior written consent. You agree that these Terms will not be construed against Dr. Oetker Hospitality because Dr. Oetker Hospitality has drafted them. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. Provisions of these Terms that would logically survive termination will survive the termination of these Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability, Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts, if any, due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof). We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising out of any emails you send to the Site or us. Any violation of these Terms may be referred to law enforcement authorities.
If an activity is not expressly authorized by these Terms, then you do not have permission to do it. To request permission to access or use the Site or Site Content in a way that is not expressly authorized, for example, to link to the Site with a link that is not a plain-text link or use Site Content on your website, send an email to [email protected][Link]. You understand that we may not grant you permission.
To the maximum extent allowed by applicable law, you agree that we may update, change, or replace these Terms at any time (“Updated Terms”) by posting the Updated Terms on the Site so that they are accessible via a link on the home page or otherwise and that if you use any of the Site (or do some other act that we reasonably specify) after we have posted the Updated Terms, you agree to them. The Updated Terms will take effect when posted unless a later date is specified and will apply to your use of the Site from that point forward. Therefore, you should periodically review these Terms before using the Site.
20. CONTACT INFORMATION