General Terms and Conditions of Use for Jasbee

1. Scope, contractual partners and definitions

1.1.These General Terms and Conditions of Business and Use (hereinafter “Terms and Conditions”) apply to all contracts and/or the use of the services provided by Straight Media UG (limited liability), represented by Managing Director Toni Rassau, Hergenrötherweg 4, 63743 Aschaffenburg, Germany, Tel.: +49 (0) 6021 - 4943472, Email: info(at)jasbee.de, Internet:https://www.jasbee.de/ (hereinafter gender-neutral “operator”) provided website called “Jasbee” (hereinafter “Jasbee”).

1.2.User within the meaning of these General Terms and Conditions is the generic term for registered users and unregistered visitors to the website who, as consumers, can use digital services via Jasbee in the form of a wide variety of online offers.As part of the online offer, communication between users is promoted in a playful way, so-called Jasys can be collected and, if necessary, redeemed for a product and various functions of an internet forum can be used.

1.2.1.Registered users have the opportunity to increase reading access to Jasbee and use technical functions.

1.2.2.Visitors are users who have reading access to parts of Jasbee that do not require registration and can use certain functions of Jasbee that do not require registration.

1.2.3.According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

1.2.4.According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3.These General Terms and Conditions contain the conditions applicable between the operator and the user for the services offered by the operator within the scope of this user agreement.Any user conditions that conflict with or deviate from these General Terms and Conditions only apply if they are confirmed in writing by the operator.

2. Usage authorization

2.1.Only consumers within the meaning of Section 13 of the German Civil Code (BGB) who have reached the age of 16 are entitled to use the website.

2.2.Minors who have not yet reached the age of 16 and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are not permitted to register with Jasbee.

2.3.Natural persons with unlimited legal capacity (particularly minors) who have not yet reached the age of 16 may only use the website with the consent of their legal representative.In this case, the operator reserves the right to make the use of the website dependent on the submission of a written declaration of consent from the legal representative.

2.4.By submitting his declaration of consent to these General Terms and Conditions, the user confirms that he meets the aforementioned requirements when concluding the user agreement.

2.5.Each user may only set up one user account for Jasbee.His authorization to use Jasbee is personal to him and is not transferable.

3. Registration and conclusion of contract within Jasbee

3.1.With successful registration or as part of reading access as a visitor to the website, a user agreement is concluded between the operator and the user for the use of Jasbee under the application of these General Terms and Conditions.

3.2.To register, the user can log in after entering their data in the online form provided by clicking on the button that completes the registration process.The data required for the user account can be found in the input mask used for registration.Sending the registration data represents the user's offer to conclude the user contract, which the operator can accept but does not have to accept.The operator can accept the user's offer within 24 hours of receipt of the application by sending an electronic confirmation email with an activation link to the user.The operator uses the so-called double opt-in procedure for registration, i.e. the user's registration is only completed when the user confirms the registration process via a confirmation email sent for this purpose by clicking on the activation link contained therein.There is no entitlement to conclude a user agreement.By successfully registering and opening a user account, the user acquires a membership (hereinafter “membership”) for Jasbee.

3.3.The contract text is saved by the operator, but can no longer be accessed by the user via the operator's website after submitting his contractual declaration.

3.4.Before submitting his contractual declaration, the user can continually correct his entries using the usual keyboard and mouse functions.

3.5.The contract is concluded exclusively in German.

3.6.The email address is used to identify and personally identify the user.The user must ensure that the email address he provided when registering online is correct so that emails sent by the operator can be received at this address.In particular, when using SPAM filters, the user must ensure that all emails sent by the operator or by third parties commissioned by the operator to process them can be delivered.

3.7.The data requested during registration must be provided truthfully and completely by the user.The user is obliged to keep this data (including email addresses) up to date at all times.The operator generally does not check the transmitted data for accuracy or completeness.

4. Subject of the contract and services of the operator

4.1.With Jasbee, the operator provides digital services through which users can create user profiles using the software provided by the operator, various online offers, and contact other users of the website via an integrated, automated chat and/or messaging system to simplify communication.Digital services are services that enable the user as a consumer to create, process or store data in digital form or have access to such data, or enable the sharing of data uploaded or created in digital form by the user or other users of the relevant service or other interactions with this data.

4.2.Contracts for the product wishes that can be redeemed via Jasbee are concluded in the name of the user for the account of the operator between the operator and the provider of the product wishes.The operator does not accept declarations of intent exchanged between the users and the providers of the product requests.The operator expressly points out that the user is responsible for finding out about the conditions and legal information obligations of the provider of the product requests.In particular, the user is obliged to inform themselves about any right of withdrawal that may exist and to exercise this right against the provider of the product wishes.Furthermore, all costs incurred after receipt of the product request (e.g. any return costs incurred in the event of a cancellation) must be borne by the user themselves.The user is responsible for returning a product request and must provide the operator with corresponding proof of the return via his user account.Any reversal (e.g. returning the goods) of a product request must be made by the user to the provider of the product request.

4.3.To use Jasbee, the operator allows the user access to its website and provides him with suitable software, which remains on the operator's server.The scope of functions and the technical specifications of the software are described in more detail in the service description on the operator's website under the link https://www.jasbee.de/module/hilfe.php.The operator is not responsible for establishing and maintaining the data connection between the user's IT system and the operator's server.

5. Free membership, definition, receipt and exchange of Jasys

5.1.Membership is free of charge for the user.

5.2.The virtual “currency” on jasbee.de is so-called Jasys (hereinafter “Jasys”).In order to be able to use certain services on Jasbee, Jasys must be used.However, these do not represent any monetary value and in particular cannot be exchanged for cash or other means of monetary value.Jasys are not the user's personal property, but are used exclusively to use Jasbee functions.

5.3.Individual users can obtain Jasys free of charge in a variety of ways through their own activities, such as using certain Jasbee functionalities.

5.4.Jasbee may terminate or restrict access to jasbee accounts at any time if there is reasonable suspicion that the account is being used for fraudulent, abusive or other illegal activities.If Jasys have been deleted from an account for the reasons mentioned above, they will not be rebooked as long as there is reasonable suspicion of fraudulent, abusive or other illegal activity.

5.5.If invitation links are sent via a so-called “RefExchange”, Jasbee reserves the right to check the resulting distributions from Jasys to see whether they are active users.If this is not the case, Jasbee reserves the right to delete the resulting Jasys from the account in question.

5.6.If he purchases Jasys, the user is responsible for checking whether it has been credited to his Jasbee account without errors.

5.7.Collected, legally received Jasys can, if necessary, be exchanged for Boons according to a conversion factor and products can be purchased with Boons.To do this, the user must tell Jasbee which product they want.This communication represents an offer from the user to Jasbee to conclude a contract. The user's request can only be taken into account if a corresponding number of boons are available.Jasbee will immediately confirm receipt of the user's request and its details via his user account.The notification in the user account does not constitute acceptance of the contract offer, but is primarily intended to inform the user.

5.8.The Boons will only be refunded after the purchase price has been reimbursed by the provider of the desired product.

5.9.The contract for the delivery of the desired product is only concluded with separate notification via Jasbee's user account.

6. Website Availability and Service Changes

6.1.Jasbee is offered subject to availability.100 percent availability cannot be technically achieved and therefore cannot be guaranteed to the user.The operator endeavors to keep the service available as consistently as possible.In particular, maintenance, security or capacity issues as well as events that are beyond the control of the operator (disruptions to public communication networks, power outages, hosting failures, hacking interventions, failures of telecommunications lines from the transfer point to the Internet, etc.) can lead to disruptions or the temporary shutdown of the service.

6.2.The software for operating Jasbee is updated by the operator at irregular intervals.The user therefore only receives a right to use the software in the current version.The user, on the other hand, has no right to bring about a specific state of the software.

7. Service changes and subcontractors

7.1.The operator also reserves the right to change the services offered or to offer different services.

  • to the extent that he is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgment or an official decision against him;
  • to the extent that the respective change is necessary to close existing security gaps;
  • if the change is merely beneficial to the user;or
  • if the change is of a purely technical or procedural nature without any significant impact on the user.

7.2.Changes that have only an insignificant impact on the functions of Jasbee do not constitute changes to performance within the meaning of this section. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.

7.3.The operator is also entitled to adapt the hardware and software used to provide the services to the current state of the art.

7.4.The operator is entitled to engage third parties as subcontractors to provide the contractually owed services.The operator will structure the agreements with its subcontractors in such a way that they are in accordance with the provisions of these General Terms and Conditions.

8. General obligations of users

8.1.The user may only use the operator's website within the scope of these General Terms and Conditions and for private purposes without express permission.The user is prohibited from any misuse that goes beyond this purpose limitation.

8.2.Users are generally liable for all activities that are carried out using their access, to the extent that they are responsible for this.The user is responsible for maintaining the confidentiality of the access data.He must ensure that they are not accessible to third parties.The user must inform the operator immediately if there are indications that his access is or has been used by third parties without authorization.

8.3.The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the website or the technical infrastructure behind it.These include in particular:

  • the use of technologies that harm or harass the Website, users or third parties (viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks, etc.);
  • the automatic reading, blocking, overwriting, modifying, copying of data and/or other content as well as the mass creation of identical content, unless this is necessary for the proper use of the website;
  • the transmission of information and data that contains viruses, worms or Trojan horses.

8.4.Furthermore, the following actions by the user are particularly prohibited and are considered improper use of the website:

  • systematic reading of the contact details of other users for the purpose of passing them on to third parties;
  • unreasonably harassing other users through aggressive, obscene, abusive, defamatory or intrusive forum posts or messages;
  • unreasonable harassment of other users by sending mass amounts of unsolicited advertising;
  • Extensive or permanent use of the website to publish and distribute content that does not correspond to the purpose or subject area of ​​the website and that may impair the attractiveness of the website for other users;
  • any actions that result in excessive system loads or system disruptions;
  • using third-party identities to register, post posts or send messages;
  • Inciting other users to misuse the website.

8.5.The user is obliged to assist in the investigation of third-party attacks on the website, to the extent that this cooperation is required by the user.

8.6.Without the express consent of the recipient, the user may not use the website to send messages with advertising content to other users or third parties (spam messages).

8.7.In the event that the user uses the opportunity to inform third parties about the existence of the website via the recommendation function provided by the operator, the user must ensure that the third party agrees to the sending of the advertising recommendation email.

8.8.In the event that the content contains hyperlinks to third-party sites, the user warrants that he or she has the authorization to use the hyperlink and that the website to which reference is made (“landing page”) is compatible with applicable law and the rights of third parties.

8.9.If there are disruptions when using the website or its functionalities, the user will immediately inform the operator of this disruption.The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

8.10.Users undertake to the operator that the messages they send via the message and/or chat system integrated on the website do not violate applicable law or morality through their content or form.Furthermore, users are prohibited from sending messages that violate the rights, in particular trademarks, patents, other property rights or trade secrets of third parties.Otherwise, Section 9.2 applies.in accordance with these General Terms and Conditions with regard to communication via the integrated messaging system.

9. Responsibility of the user for posting content

9.1.The user is solely responsible for the content of the information and/or messages or chats within the integrated, automated message and/or chat system that he posts on Jasbee, in particular for their truthfulness and legal harmlessness.The user assures that the data provided by him is true.Furthermore, the user is particularly responsible for ensuring that the content he posts does not infringe any rights of third parties, in particular copyright, trademark, personality, competition or other intellectual property rights, and that the content does not violate these General Terms and Conditions or applicable law.

9.2.A violation occurs in particular if the user publishes the following content, messages and/or chats within the integrated, automated message and/or chat system:

  • copyrighted content if there is no authorization to use it (e.g. photos that the photographer and/or a person depicted has not consented to be published on the Internet);
  • false statements of fact;
  • Content the publication of which constitutes a criminal offense or an administrative offense;
  • Content that violates contracts concluded with the user, general terms and conditions or other principles, rules or specifications imposed by the operator (e.g. netiquette);
  • Content that contains offensive, racist, discriminatory, unconstitutional or pornographic statements or spreads such ideas;
  • Content that is harmful to young people, glorifies or trivializes violence, hate speech or is right-wing extremist;
  • Content that contains malware or malicious code;
  • that violate the law or morality;
  • false profile information to conceal true identity;
  • Links to sites that do not comply with the law or these Terms of Use;
  • advertising brands, products or services.

9.3.As part of registration, the user is permitted to choose a pseudonym as a user name.This must not violate legal regulations or infringe the rights of third parties.Otherwise, paragraphs 9.1 apply.and 9.2.accordingly for the use of a pseudonym.

9.4.It is also offensive to personality and therefore not permitted to abolish the anonymity of other users or to disclose information from other users from private messages, emails or chats that are not intended for the public.Users may not include in their posts or otherwise disclose any information that could reveal the identity of other users or that the users have received from other users exclusively in private messages, emails or chats.

9.5.Content protected by copyright may only be included in contributions without the consent of the respective rights holder within the scope of the applicable quotation law.Quotations must be marked by highlighting using the quotation function and citing the source and must mentally relate to the work cited.Foreign language quotations must also be translated into German to the extent that the content is roughly clear.In particular, posts that are not quoted correctly can be removed or corrected by the moderators.The distribution and/or public reproduction of any content on the website without the consent of the operator is prohibited.

10. Content Moderation and Restrictions

10.1.In principle, the operator is not obliged to proactively check the content posted by users for its legality or compatibility with the rights of third parties or these General Terms and Conditions.However, the operator reserves the right to check the legality of the user's content in individual cases and to take measures in accordance with the following provisions in the event of any violations being identified.

10.2.Users and affected third parties can report suspected illegal content to the operator using the contact information in the operator's legal notice (e.g. by email to info@jasbee.de).The operator is free to forward the content of a report to the user who posted the reported content.The identity of the reporting person will only be disclosed to the user if this is absolutely necessary.

10.3.In the case of reports and as part of checks that may be carried out on the operator's own initiative, human content is generally checked.In individual cases, automated technical testing procedures can be used in addition.

10.4.If, as a result of a report or as part of an examination on the operator's own initiative, the illegality of content published by the user is determined, the operator is entitled to take one or more of the following measures at its reasonable discretion, even without prior notice or contact:

  • Warning of the publishing user,
  • temporary blocking or permanent deletion of the affected content,
  • temporary or permanent suspension of the contractually assumed obligations,
  • Termination of the contractual relationship (ordinary or extraordinary for good cause).

10.5.When choosing the measures to be taken, the operator will take into account the principles of proportionality and weigh up the interests of the user concerned with its own interests in the unhindered, trouble-free and integrity-based continuation of its business activities.Criteria taken into account when imposing a measure are:

  • the meaningfulness and meaning of the specific content and its potential for injury or danger,
  • the frequency of publication of prohibited content by the user,
  • the relationship between the publication of inadmissible content by the user and the user's other use of services,
  • if recognizable, the user's intentions by publishing inadmissible content,
  • if recognizable, the existence and degree of fault on the part of the publishing user.

10.6.If users often submit obviously unfounded reports or complaints, the operator will suspend the processing of reports and complaints from these users for a reasonable period of time after prior warning.

11. Support

11.1.The operator sets up support for user inquiries about general questions about the functions of the website, requests and their processing.Requests for support can be made by email or using the online contact form available on the operator's website.Requests will be processed in the chronological order in which they are received.

11.2.The user must describe his concern as precisely as possible.

12. Granting of usage rights by the operator

12.1.The operator grants the user a non-exclusive right, limited to the duration of the user agreement, to use the website provided by the operator and the software contained therein within the scope of these General Terms and Conditions.

12.2.This Agreement does not imply any transfer of ownership or usage rights, licenses or other rights to the content of the Website and/or the Website to the User.All rights to the content of the website and/or the website used by the user, as well as copyrights, trademarks, ancillary copyrights, personal rights and other property rights of the operator remain unrestricted with the operator.

12.3.Without the written consent of the operator, the user is not permitted to make the content provided to him available to third parties.The user ensures that he does not provide third parties with any means of circumventing access to Jasbee.

13. Granting of usage rights by the user

13.1.The operator is entitled to use content and information provided by users for Jasbee or to have it used by third parties.

13.2.The user grants the operator, free of charge and not exclusively and for the duration of the user agreement, the necessary rights of use, in particular the right to permanent retention and storage and to make it publicly accessible, the right of reproduction and publication as well as the right to edit and distribute, and warrants that he is entitled to grant these rights of use.

14. Reviews, comments

14.1.The operator grants users the opportunity to rate recipes posted by users in a publicly accessible manner.

14.2.Users are obliged to provide only truthful information in the reviews submitted.The reviews submitted must be objective and must not contain any abusive criticism.

14.3.Any improper use of the rating system is prohibited.In particular it is prohibited:

  • to submit reviews about yourself or have them provided by third parties;
  • to include circumstances in reviews that are not related to the recipe;
  • use reviews for any purpose other than to rate recipes via Jasbee;
  • to cause other users to act, tolerate or refrain from doing so by threatening to submit or not submit a review.

14.4.The reviews are not checked by the operator without specific suspicion and may be inaccurate or misleading.

14.5.If a user is of the opinion that another user has given an inaccurate or otherwise inadmissible review about him or her, he or she can contact the operator with a complaint using the email address listed in the operator's legal notice.The complaint must contain a justification as to why, in the opinion of the user concerned, the review in question is inaccurate or otherwise inadmissible.In the event of a substantiated complaint, the operator will ask the author of the relevant review to comment.If the user refuses to change or withdraw his rating, the operator will decide at its own reasonable discretion, taking into account the interests of the users concerned, whether the rating will continue to appear on Jasbee until the matter is clarified in court.

15. Compensation

The use of Jasbee is free of charge for users.

16. Release of Liability

The user releases the operator and its employees or agents from all claims that other users or other third parties assert against the operator due to an alleged or actual violation of the law and/or violation of their rights due to content posted by the user or due to the user's other use of Jasbee.The user assumes the necessary costs of legal defense including all court and legal fees at the statutory rate.This does not apply if the user is not responsible for the infringement.

In the event of a claim by third parties, the user is obliged to provide the operator immediately, truthfully and completely with all information required to examine the claims and defend them.

17. Liability of the operator

17.1.The operator is liable to the user for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

  • The operator is fully liable for any legal reason:in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • based on a guarantee promise, unless otherwise regulated in this regard,
  • due to mandatory liability, such as under the Product Liability Act.

17.2.If the operator negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with the previous paragraph.Essential contractual obligations are obligations that the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper implementation of the contract in the first place and on whose compliance the user can regularly rely.

17.3.Otherwise, liability on the part of the operator is excluded.

17.4.The above liability regulations also apply with regard to the liability of the operator for its vicarious agents and legal representatives.

18. Contract term and termination

18.1.The user contract is concluded with the users or visitors for an indefinite period of time and can be terminated by the parties involved at any time without observing a notice period.

18.2.The right to extraordinary termination for good cause remains unaffected.An important reason exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.An important reason is in particular:

  • a significant violation of essential provisions of these terms of use that is not eliminated even after a deadline has been set or is committed repeatedly and makes the continuation of the contractual relationship impossible or unreasonable;
  • re-registration while the user is still blocked;
  • Providing false profile information about the user to conceal their true identity;
  • if, in the case of a paid use of Jasbee, enforcement proceedings have been initiated against the entire assets of the other party or a significant part of these assets or there are grounds for the opening of insolvency proceedings against the other party;
  • such proceedings were rejected due to a lack of assets, insolvency proceedings were filed against the other party or an affidavit was submitted by the other party regarding their assets.

18.3.In the event of a justified extraordinary termination of the user contract by the operator, the user is not entitled to create a user account for Jasbee again.

18.4.The user contract can be terminated in text form (e.g. by email) or in the user account.

18.5.The user can also terminate the contract by deleting their Jasbee user account.

18.6.The operator will exercise its right to ordinary termination and to delete the user account if the user has not logged in for at least a year and has not responded to a reminder message.

18.7.Upon termination of the contract, the user loses access to his user account.Furthermore, upon termination of the contract, the operator's obligation to store the user's data also expires.

19. Alternative Dispute Resolution

The operator is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

20. Changes to the Terms and Conditions

20.1.The operator reserves the right to change these terms of use at any time, provided the user agrees to the change.

20.2.The operator also reserves the right to change these terms and conditions without the consent of the user,

  • to the extent that he is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgment or an official decision against him;
  • to the extent that he introduces additional, completely new services, services or service elements that require a service description in the General Terms and Conditions, unless the previous usage relationship is adversely changed as a result;
  • if the change is merely beneficial to the user;or
  • if the change is purely technical or procedural, unless it has a significant impact on the user.

20.3.The operator will inform the user of any significant changes to these terms and conditions in a timely manner and in an appropriate form.Essential changes are those that would significantly shift the contractual relationship to the detriment of the user or would be equivalent to concluding a completely new contract.These include, for example, regulations regarding the type and scope of the service or the contract term and termination modalities.

20.4.The user's right of termination in accordance with the above paragraph remains unaffected.

21. Final provisions

The law of the Federal Republic of Germany applies to all legal relationships between the parties.For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

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Stand: 26.11.2024