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Terms of Use

Applicability, changes of the terms of use

Application, requirements for participating, legal declarations

Termination, suspension of the membership

The general obligations of the user

Responsibility, prohibited content and behavior

Forum posts and other content from users

Moderators

Information on legal infringements

Data privacy

Disclaimer of warranty, links

Liability and limitation of liability

Release from liability

Applicable Law, Fulfilment Place, Place of Judgment, Dispute Settlement Procedure, Miscellaneous

 

1. applicability, changes of the terms of use

1.1 The clean-label.com offer is an offer of food IT Consulting e.K. (operator of the platform, in the following also “clean-label.com” or “we”). clean-label.com provides you (the “User”) with its services, in particular the forums, on the basis of these Terms of Use. All rights to the offer at www. clean-label.com are exclusively reserved by clean-label.com. By registering or using our services, you agree to be legally bound by these Terms of Use. You may not use the Services if you do not wish to be bound by these Terms of Use.

1.2 clean-label.com reserves the right to change the terms of use with future effects. In such event, clean-label.com will notify you in advance of any changes to the Terms of Use and will notify you that the changes will be deemed accepted unless you object to the changes within four weeks or when you re-use the Service.

 

2. application, requirements for participation, legal declarations

2.1 Participation is only open to users who are fully contractually capable or act with the consent of their legal representatives. We assume that there is a connection to the food-processing industry. (Legally questionable)

2.2 You must provide true, accurate, current and complete information in accordance with the registration form and keep your account details current and correct. After registration you will receive a password and a name for your membership.

2.3 We would like to inform you that you may receive legal declarations (e.g. confirmation message, changes to the terms of use) by e-mail. In particular, these shall be considered received if they have been delivered to your mail server under normal conditions.

2.4 The Membership is not assignable or heritable.

 

3. Terminating, suspension of the membership

3.1 You can delete your Membership at any time and for any reason. The deletion of data as a result does not include contributions and messages which you have published or written in our service prior to this time, and data which we are legally obliged or authorized to hold.

3.2 Clean-label.com may, in its sole discretion and for whatever reason, terminate your password, membership (or any part or content therein) or any other use of our services by you and delete any of your content. This applies in particular if you have not used the clean-label.com services for an extended period of time or if clean-label.com believes that you have violated these Terms of Use or failed to comply with fundamental ideas of the Terms of Use, for example because you have had to delete articles several times.

 

3.3 You agree that any interruption of your access to the clean-label.com Services may be affected in accordance with the terms of this agreement without prior notice and that clean-label.com may immediately suspend or delete your Membership and all information and files and/or prevent any further access to such files or the Service.

3.4 In the case of termination of your Membership, or if you have already been suspended from the clean-label.com services, you may only regain access to our services with our prior written and express permission. You may not assist a user whose account has been deleted or suspended to gain access to the Service through your Member Account or through your Membership.

3.5 Obligations under the subsections 4.2, 4.3, 5, 6, 10, 11, 12, 13 and 14 shall continue to apply after termination of the membership account to the extend that their implementation relates to your conduct prior to the date of the termination.

 

4. General obligations of the user

4.1 You must ensure that your Membership Account is only used by yourself and for this reason you must, in particular, keep your password secret.

4.2 Recognize that the holder of a Membership is fully liable for all activities carried out through his Membership. In the case that you have allowed another person, e.g. a minor, to use your account without the consent of his/her legal representative, you acknowledge that you are fully responsible for the actions of that user, the control of access, the use of the Service by the user and the consequences of any abuse.

4.3 You shall promptly notify us of any misuse of your password or Membership or any other breach of security and shall be liable to clean-label.com for any abuse of your Membership caused by you.

4.4 You shall procure the necessary technical requirements for participation (e.g. Internet connection, mobile phone connection) at your own costs.

4.5 You agree to refrain from actions that affect or may affect the functionality of our services (e.g. through software or other scripts). This also applies in particular to the use of “robot”, “spider” or “offline reader” software that automatically generates user queries via the Internet. Likewise, you shall refrain from modifying, overwriting, copying or distributing areas of the website not made available to you by us for this purpose, including areas of other users, in particular by bypassing technical protective measures, e.g. against downloading.

4.6 You must not use our offer or parts of it, the use of our offer by you as a service or access to our offer for commercial purposes of any kind whatever without our prior written consent; e.g. imitate, sell, rent or use or offer for your own- or third-party advertising purposes.

 

5. Responsibility, forbidden contents and behaviors

5.1 The responsibility for any information, data, text, software, music, sounds, photographs, graphics, videos, messages or other material (“Content”) that is stored, posted or transmitted by you or any other user using the clean-label.com service, including without limitation on the Forums, lies solely and exclusively with the person from whom such Content originates, including, without limitation, the person who has posted the Content. For example, for content that you have created yourself, but also for content that you have acquired from other sources and that you store, publish and/or transmit using our services in our services, exclusively and without restriction with you.

5.2 clean-label.com does not control the content that you or any other user stores, publishes and/or transmits through our services and therefore does not guarantee the accuracy, adequacy or quality of such content. You understand that by using the Service, you may be exposed to Content that is offensive, objectionable or otherwise objectionable if the user responsible for such Content does not comply with these Terms of Use or any applicable law.

5.3 You may not use the clean-label.com services:

  • Store, publish and/or transmit data, text, images, files, links, software or any other content in accordance with the relevant legal provisions or in the opinion of clean-label.com are unlawful, harmful, threatening, abusive, harassing, defamatory or offensive, vulgar, obscene, hateful, racist or otherwise objectionable or may cause harm to minors in any way, including but not limited to pornography, violence or otherwise harmful to minors; this prohibition applies in particular to instructions for the prohibited manipulation of technical equipment such as motors, tachographs, speed limiters, etc.
  • Store, publish and/or transmit content that infringes the rights of third parties, in particular patents, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights;
  • Store, publish and/or transmit any material that contains software viruses or other information, files or programs designed or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications devices;
  • Store, publish and/or transmit content that you are not authorized to distribute;
  • Store, publish and/or transmit content which is directly or indirectly capable of causing physical injury or damage to property
  • Impersonate any other person on the clean-label.com Services, such as a clean-label.com representative, or otherwise responsible for the Offer, or impersonate any non-existent relationship with such persons;
  • Falsify headers or otherwise manipulate identifiers to disguise the origin of any content transmitted as part of the offer;
  • store, publish and/or transmit unsolicited advertising, promotional material, junk or bulk e-mails or SMS (“spam”), chain letters, pyramid schemes or other advertising;
  • violate national or international laws in connection with the use of our offer;
  • harass, insult, threaten, defame, harass, embarrass or otherwise inconvenience anyone, whether a natural or legal person or a business, or assert or disseminate false facts about any natural or legal person or a business;
  • collect, store or transmit personal data about other users, if the persons concerned do not agree;
  • provide legal advice or post contributions that are understood to be legal advice.

5.4 Although we do not check or control user content as a matter of principle, we reserve the right to reject, block, delete or, if necessary, publish content that is accessible via our site at any other location within the site with immediate effect without giving reasons, in particular content that comes to our attention from users who violate these Terms of Use.

 

6. Postings on forums and other content by users

6.1 clean-label.com allows you to use our services in accordance with the law and these Terms of Use to store, publish, transmit and share content with other users. clean-label.com does not supervise or claim ownership of your Content.

6.2 By using our offer, you instruct us, in accordance with the provisions of these Terms of Use, to store and make publicly available your content within the framework of our offer in its current or future form (e.g. currently on the Internet, in the future possibly also as a mobile data service). By submitting a contribution, you expressly agree to the publication, storage and further processing of your contribution in this context.

6.3 You permit us to produce thumbnails of images and videos for better use of our services, in particular through a search function, and to use them in the clean-label.com services. You are also aware that the technical processing and transmission of our services, including the content you enter, may make it necessary to make transmissions over different networks and/or technical changes in order to meet the technical requirements of connected networks or other technical facilities.

6.4 You guarantee to us that you have all necessary rights with respect to the content for which you use our offer to store, publish and/or transmit and that you will not thereby infringe any rights of third parties of any kind, any legal provisions or the rules of these Terms of Use, in particular the rules set out in Section 5.3. If you are not the owner of the rights to any Content entered by you, you warrant that you have effectively obtained all necessary assignments, licences, permissions, consents and the like. In the event that you violate these guarantees or any of them, you release us from any liability towards third parties in accordance with Clause 12 and indemnify us to the full extent.

6.5 clean-label.com may store and distribute content to third parties to the extent required by law or in its sole discretion necessary and permitted by law to (a) comply with legal process or judicial or regulatory process, (b) enforce these Terms of Use, (c) respond to claims of infringement by third parties, or (d) protect the rights, property or personal safety of clean-label.com, its users or the general.

 

7. Moderators

7.1 Moderators are users who moderate discussions between ordinary users and ensure compliance with the Terms of Use. The moderators, like any user, are obliged to adhere to these terms of use, but otherwise act on their own responsibility and are neither supervised by us nor are they subject to clean-label.com in any other way. They do not receive any compensation or reimbursement for their activities and are fully active without any economic interest. All users should respect the moderators as particularly committed, experienced and knowledgeable users and support their important activity.

7.2 In order to become a moderator an appointment and the establishment of the appropriate moderator status of a user in the offer by clean-label.com is required. clean-label.com also decides on the termination of the moderator status and the extent of the moderators’ influence (“rights”). clean-label.com can use and recall individual moderators in particular also only for certain ranges of the offer, e.g. certain forums. We always appoint users as moderators only at their explicit request and only after consultation with them and terminate the moderator status on request if the respective moderator clean-label.com communicates this.

7.3 Unless clean-label.com has other arrangements, the moderators exercise the following rights; however, clean-label.com may also exercise all rights intended for the moderators itself, without prejudice to its further rights:

  • Moderators are entitled to work towards compliance with the terms of use and to issue warnings to users in the event of violations and to threaten the following further consequences.
  • Moderators are entitled to delete, block, add comments and/or move to other areas of clean-label.com’s offer, in whole or in part, content posted by users in violation of the terms of use – even without consulting the respective user.
  • Moderators can send private messages (PN) to users even if they have specified by default that they do not want to receive private messages (PN).
  • In case of repeated or particularly serious violations of the terms of use, the moderators can issue a temporary virtual house ban to a user, i.e. they can issue a ban on using certain areas of the offer or the entire offer and/or posting content there; in these cases, they can also block the user’s member account temporarily or permanently.
  • Moderators have the right to move permitted contributions to other areas of clean-label.com’s offer without consulting the respective user, e.g. if a contribution is thematically placed in the wrong forum or a special forum for contributions of this kind is created.

In the event that clean-label.com changes the rights or other regulations in the terms of use specifically for moderators, Clause 1.2 also applies.

 

8. information on legal infringements

8.1 clean-label.com respects the intellectual property of third parties and encourages its users to do the same.

8.2 In the event that you believe that your copyrights have been infringed by the content of another user using our service to store, publish or transmit that content, please let us know by providing the following information in our contact form:

  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim infringes copyright is located;
  • an electronic or handwritten signature of the person authorized to act on behalf of the right holder;
  • Your address, telephone number and e-mail address;
  • a statement by you that, to the best of your knowledge and belief, the disputed use is not authorized by the copyright owner, its agent, or the law;
  • an affidavit from you that the above information is true and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

8.3 The person responsible for copyright matters at clean-label.com who is required to be notified of any copyright infringement is the person named in the imprint.

8.4 Please notify us of any violation of these Terms of Use by any unauthorized content. If you discover that any content from other users violates these Terms of Use or any legal requirement, please notify us using our contact form. Please provide us with the identification data of the person who does not abide by the rules together with the relevant content.

 

9. privacy policy

On the subject of data privacy, please refer to our data privacy statement.

 

10. disclaimer of warranty, links

10.1 We offer our services in the form we deem to be good and with the proviso that we may interrupt or discontinue these services at any time. You use our offer at your own risk. This applies in particular to the downloading or other use of content, in particular the content of other users, from our services. You are solely responsible for any damage to your computer system or other technical equipment used for use, for the loss of data or other damage and also for damage to third parties caused by you in this connection.

10.2 clean-label.com does not represent or warrant to you or anyone else that the service will meet your requirements or be uninterrupted, timely, secure or error-free at any time. clean-label.com makes no warranty as to the results that may be obtained from the use of the Offer or as to the accuracy or reliability of the information available through the Offer. clean-label.com also does not warrant that the hardware and software used in the Offer will be error free at all times or that any errors in the hardware or software will be corrected, and shall not be liable for any damages arising out of the use or inability to use the clean-label.com services, including loss of data or data corruption. In particular, clean-label.com shall not be liable for any replacement costs or costs incurred in connection with any goods or services purchased, messages received or other business transactions or any modification of your input or data or in any other way related to the clean-label.com services. clean-label.com also assumes no liability for the conduct of users or other third parties or for any content or statements made by users or other third parties in connection with the Service.

10.3 We may provide links to other websites and services, including content that users of our services store on our servers as part of our services. We do not control the objectives of these links, do not endorse content accessible on or through such third party offers or sources and disclaim any liability or warranty with respect thereto.

 

11. Liability and limitation of liability

11.1 Compensation claims against clean-label.com are excluded regardless of the legal grounds, unless clean-label.com, its legal representatives or agents have acted intentionally or grossly negligent. clean-label.com shall only be liable for slight negligence if clean-label.com, its legal representatives or executive employees or vicarious agents have violated a contractual obligation that is essential for achieving the purpose of the contract.

11.2 This limitation of liability does not apply to claims for damages resulting from injury to life, limb or health or the assumption of a guarantee of quality or fraudulent concealment of defects by clean-label.com.

11.3 As far as clean-label.com is liable for slight negligence according to number 1, the claim for damages is limited to the foreseeable, contract-typical damage.

11.4 Claims for damages against clean-label.com are subject to a limitation period of 12 months from the date of their creation, unless they are based on a tortious or intentional act.

11.5 clean-label.com’s liability is excluded to the extent it is affiliated with clean-label.com, its employees, representatives, affiliates, partners and agents of clean-label.com and/or companies affiliated with clean-label.com.

 

12. Indemnification from liability

You hereby agree to indemnify and hold clean-label.com, its affiliates, and clean-label.com’s and/or clean-label.com’s employees, workers, representatives, partners and agents harmless from any claim or demand of any kind whatsoever made by any third party arising out of or in connection with Content you store, post and/or transmit through the clean-label.com Services, or arising out of your use of our Offer, or any violation by you of these Terms of Use, or any rights of a third party, harmless from and against any claim or demand made by any third party in connection with clean-label.com’s or clean-label.com’s affiliates’ content or content. This includes reasonable attorneys’ fees and court costs.

 

13. Applicable Law, Place of Performance, Place of Jurisdiction, Consumer Mediation, Dispute Resolution Procedure, Miscellaneous

13.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.2 Place of performance and exclusive place of jurisdiction is, as far as legally permitted, Landau in der Pfalz.

13.3 There are no verbal ancillary agreements. A company relationship or any other legal relationship in addition to the user relationship regulated here does not exist through the operation of our offer. Amendments to the contractual conditions must be made in text form. This also applies to the cancellation or amendment of this text form clause.

13.4 If individual contractual provisions are or become invalid in whole or in part, the remainder of the contract shall remain valid. In the event of such invalidity, the contracting parties shall agree on a legally effective replacement provision that comes as close as possible to the invalid provision in economic terms. The same shall apply in the event of a loophole.

13.5 We are not prepared or obliged to participate in dispute resolution proceedings before a consumer dispute resolution agency (ยง 36 (1) no. 1 VSBG).