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Terms of Service

Last updated: November 2024

Welcome to Treecipes. These Terms of Service ("Terms") govern your access to and use of the Treecipes website and services (collectively, the "Service") operated by Marbivis UG (haftungsbeschränkt) ("we", "us", or "Treecipes"). Please read these Terms carefully before using our Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

2. Eligibility and Account Requirements

2.1 Age Requirement

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you confirm that you have obtained parental or guardian consent to use the Service.

2.2 Account Responsibility

If you create an account, you are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account.

3. User-Generated Content

3.1 Your Content

The Service allows you to upload, submit, store, and share content, including recipes, images, text, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your original User Content.

3.2 License Grant to Treecipes

By uploading or submitting User Content to the Service, you grant Treecipes a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and Treecipes' business operations. This license continues even if you stop using the Service, but you may request deletion of your content as described in our Privacy Policy.

3.3 User Representations and Warranties

By submitting User Content, you represent and warrant that:

  • You own or have all necessary rights, licenses, and permissions to submit the User Content and grant the license described above;
  • Your User Content does not and will not infringe, misappropriate, or violate any third-party's copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights;
  • Any images you upload are either your own original photographs, images you have created, images for which you have obtained proper permission or license, or images that are in the public domain;
  • Your recipes and cooking instructions are accurate to the best of your knowledge and do not contain intentionally harmful, dangerous, or misleading information;
  • Your User Content does not contain any viruses, malware, or other harmful code.

4. Content Guidelines and Acceptable Use Policy

4.1 Prohibited Content

You agree not to upload, post, or share any User Content that:

  • Infringes intellectual property: Contains copyrighted material, trademarks, or other proprietary content without proper authorization;
  • Contains inappropriate imagery: Includes nudity, sexually explicit content, pornography, or content that sexualizes minors;
  • Depicts violence: Shows graphic violence, gore, abuse, or content that promotes violence against any person or group;
  • Promotes hate or discrimination: Contains hate speech, content that promotes discrimination, or harassment based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
  • Is illegal: Violates any applicable law or regulation, promotes illegal activities, or contains instructions for illegal substances;
  • Is harmful or dangerous: Contains intentionally dangerous recipes, instructions that could cause physical harm, or misleading health information;
  • Is spam or misleading: Constitutes spam, phishing, scams, or deliberately misleading content;
  • Impersonates others: Falsely represents your identity or affiliation with any person or organization;
  • Contains personal information: Includes private or personal information of others without their consent.

4.2 Image-Specific Requirements

When uploading images to the Service, you must ensure that all images comply with these Terms. Specifically:

  • Images must be your own photographs or images you have the right to use;
  • Do not upload images from other websites, cookbooks, magazines, or other sources unless you have explicit permission;
  • Stock photos may only be used if the license permits such use;
  • Images must not contain watermarks from other services or photographers;
  • Images must be food-related and relevant to the recipe content.

5. Intellectual Property and Copyright

5.1 Treecipes Content

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Marbivis UG (haftungsbeschränkt) and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used without our prior written consent.

5.2 Copyright Infringement and DMCA

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please notify us with the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Service;
  • Your contact information (address, telephone number, and email address);
  • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

Please send copyright infringement notices to: marbivis.ug@gmail.com

5.3 Counter-Notification

If you believe your User Content was wrongly removed due to a copyright claim, you may submit a counter-notification containing: your contact information, identification of the removed material, a statement under penalty of perjury that you have a good faith belief the material was removed by mistake, and your consent to jurisdiction in Germany.

6. Content Moderation and Removal

6.1 Our Rights

We reserve the right, but are not obligated, to monitor, review, or edit User Content. We may, in our sole discretion, remove or disable access to any User Content that we determine violates these Terms, is otherwise objectionable, or may expose us to liability.

6.2 Reporting Violations

If you become aware of any User Content that violates these Terms, please report it to us at marbivis.ug@gmail.com. We will review all reports and take appropriate action.

7. Account Suspension and Termination

7.1 Termination by You

You may stop using the Service and request account deletion at any time by contacting us.

7.2 Termination by Us

We may suspend or terminate your account and access to the Service if:

  • You violate these Terms or our Content Guidelines;
  • You engage in fraudulent, illegal, or harmful conduct;
  • Your continued use poses a risk to other users or the Service;
  • We are required to do so by law;
  • We decide to discontinue the Service.

We will make reasonable efforts to notify you before termination, except where we believe immediate action is necessary to protect the Service or other users.

7.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

8. Indemnification

You agree to defend, indemnify, and hold harmless Marbivis UG (haftungsbeschränkt), its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service;
  • Your User Content;
  • Your violation of these Terms;
  • Your violation of any rights of another party, including intellectual property rights;
  • Any claim that your User Content caused damage to a third party.

9. Disclaimers

9.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Recipe and Health Disclaimer

Recipes and cooking information shared on the Service are provided by users and are not verified by Treecipes. We make no representations or warranties about the accuracy, safety, or nutritional information of any recipes. Always use your own judgment when preparing food, and consult appropriate professionals for dietary, allergy, or health concerns. Treecipes is not responsible for any adverse reactions, health issues, or injuries resulting from recipes found on the Service.

9.3 User Content Disclaimer

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content. You understand that by using the Service, you may be exposed to User Content that might be inaccurate, offensive, or objectionable.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Marbivis UG (haftungsbeschränkt) or its suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of (or inability to access or use) the Service;
  • Any conduct or content of any third party on the Service;
  • Any User Content obtained from the Service;
  • Unauthorized access, use, or alteration of your transmissions or content.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Germany for the resolution of any disputes arising out of or relating to these Terms or the Service.

If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last updated" date. We encourage you to review these Terms periodically for any changes. Your continued use of the Service after any modifications indicates your acceptance of the updated Terms.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Treecipes regarding the Service and supersede all prior agreements and understandings.

15. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Marbivis UG (haftungsbeschränkt)
Leopoldstraße 2-8
32051 Herford
Germany
Email: marbivis.ug@gmail.com