Terms and Conditions

Terms of Service

This agreement was last updated 17.04.2014.

Welcome to the Tasting OnMyWay website (the "Site"). The following Terms of Service ("ToS") contain the terms and conditions that govern the use of the Site and Tasting OnMyWay Service. Purchase and use of any product or service on the Site constitutes your agreement to and acceptance of all the ToS.

Tasting OnMyWay is owned and operated by:
Klaus Leismüller

Postal address:
TastingOnMyWay
Maistrasse 57
80337 Munich
Germany

Tasting OnMyWay (referred in this Agreement as “us” and “we” and “Tasting OnMyWay”) reserves the right to add to, delete or change these ToS because of frequent changes in technology and applicable law. As such, you should check these ToS from time to time for changes. Questions about the Terms of Service may be sent to: contact@tastingonmyway.com
The Tasting OnMyWay Service

Tasting OnMyWay provides a number of Internet-based services and products through the Site (all such services, collectively, the "TastingOnMyWay Service" and “Products”). Tasting OnMyWay users may create and purchase individual Products for their own use or sell Products through the Site. Users who are Producers and who would like to sell Products must also accept and adhere to the Digital Rights Agreement, found here:

http://www.copyright.gov/legislation/dmca.pdf

Tasting OnMyWay allows all Users to browse the Site. Tasting OnMyWay may offer a number of other services and products on its Site, such as (but not limited to) info boards, blogs, and newsletters, which may change from time to time.

Use of the Site and Tasting OnMyWay Service and Content

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Tasting OnMyWay will only knowingly provide the Tasting OnMyWay Service to parties that can lawfully enter into and form contracts under applicable law in their coutry. If you are under the age of 18, but at least 13 years of age, you may use the Tasting OnMyWay Service only under the supervision of a parent or legal guardian who agrees to be bound by these ToS. The Tasting OnMyWay Service is not intended for children under the age of 13.

You must comply with all of the terms and conditions of these ToS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Tasting OnMyWay Service and the Site.
Your License to Use the Site and the Tasting OnMyWay Service

Tasting OnMyWay and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to the Tasting OnMyWay Service and Site, except as expressly provided for in these ToS. You will not acquire any right, title or interest therein under these ToS or otherwise.

Tasting OnMyWay grants you a limited revocable license to access and use the Site and the Tasting OnMyWay Service for its intended purposes, subject to your compliance with these ToS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Tasting OnMyWay; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this ToS, Tasting OnMyWay may revoke the license granted to you.

This Section does not pertain to your intellectual property rights. Any rights relating to materials that Producers may upload to the Site are covered by the Digital Rights Agreement.
Third-Party Services

Tasting OnMyWay may use third parties to provide certain services accessible through the Site. Tasting OnMyWay does not control those third parties or their services, and you agree that TastingOnMyWay will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these ToS when you use these services. If any such terms or policies conflict with Tasting OnMyWay's ToS, agreements or policies, you must comply with TastingOnMy Way's ToS, agreements or policies, as applicable.
Rules For Use Of the Site.
Prohibited Use

Except as may be expressly permitted by Tasting OnMyWay, you may not:

(i) interfere with the Tasting OnMyWay Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware
(ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Tasting OnMyWay Service
(iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology
(iv) collect electronic mail addresses or other information from third parties by using the Tasting OnMyWay Service
(v) impersonate another person or entity
(vi) use any meta tags, search terms, key terms, or the like that contain Tasting OnMyWay's name or trademarks
(vii) engage in any activity that interferes with another user's ability to use or enjoy the Tasting OnMyWay Service
(viii) assist or encourage any third party in engaging in any activity prohibited by these ToS.
Producer Conduct and Submissions

The submission of your Content on the Service is entirely voluntary. You acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted.

The Content represents your own original work. You have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by use of the Content.

Tasting OnMyWay will give your Content such consideration as is warranted by its sole judgment. Tasting OnMyWay’s review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Tasting OnMyWay is not obligated to give reasons for rejecting your Content or to reveal Tasting OnMyWay’s activities that are related to the subject matter of the submitted Content.

Tasting OnMyWay has the right, but not the obligation, to remove any Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. TastingOnMyWay also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content.

Further examples of unacceptable Content or behavior on the Service:

(i) abuse, harassment, threats, flaming or intimidation of any person or organization
(ii) engaging in or contributing to any illegal activity or activity that violates others’ rights
(iii) use of derogatory, discriminatory or excessively graphic language
(iv) providing information that is false, misleading or inaccurate
(v) hacking or modifying the Company Service or another Web site to falsely imply an association with the Company
(vi) implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
(vii) transmitting worms, viruses or harmful software
(viii) sending spam
(ix) disclosing personal or proprietary information of another user, person or organization.

When you submit comments, suggestions, ideas, blog postings, material submitted via web forms or any other information ("Submissions"), you grant Tasting OnMyWay permission to use such submissions for marketing and other promotional purposes. You agree that Tasting OnMyWay will have no obligation to keep any Submissions confidential and you will not bring a claim against Tasting OnMyWay based on "moral rights" or the like arising from Tasting OnMyWay's use of a Submission.

Tasting OnMyWay cannot control all Content posted by third parties to the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Tasting OnMyWay be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use contact@tastingonmyway.com
Copyright, Ownership, and Data Security

Tasting OnMyWay owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.

Tasting OnMyWay is not liable for any damages or losses resulting from the Service transmitting information such as invoices and personal messages over unencrypted networks such as email. 

Tasting OnMyWay respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Tasting OnMyWay:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

By entering into these ToS, you agree to Tasting OnMyWay's collection, use and disclosure of your personal information in accordance with the Tasting OnMyWay Privacy Policy.

Ordering Products and Services

If you purchase Products or Tasting OnMyWay Services, you agree to do so in accordance with Tasting OnMyWay's ToS.

Monitoring

Tasting OnMyWay reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If Tasting OnMyWay determines, in its sole and absolute discretion, that you or another Tasting OnMyWay user will breach a term or condition of these ToS or that such transaction or communication is inappropriate, Tasting OnMyWay may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

Modification of the Service

Tasting OnMyWay may modify the Tasting OnMyWay Service at any time with or without notice to you, and will incur no liability for doing so.

Legal

Representations and Warranties.

You represent and warrant to Tasting OnMyWay and Tasting OnMyWay represents and warrants to you:

(i) that you or it has the full power and authority to enter into and perform under these ToS
(ii) the execution and performance of your or its obligations under these ToS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound
(iii) these ToS are a legal, valid and binding obligation of the party entering into these ToS, enforceable in accordance with their terms and conditions.

You represent and warrant to Tasting OnMyWay that, in your use of the Tasting OnMyWay Service, you:

(i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party
(ii) will comply with all applicable laws, rules, and regulations
(iii) and that there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions
(iv) Tasting OnMyWay will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Tasting OnMyWay incurs in providing the Tasting OnMyWay Service
(v) the use of any instructions recommendations, or the like contained in your Submissions will not cause injury to any third party; and
(vi) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

Tasting OnMyWay makes no warranties other than those made expressly in these ToS.

Disclaimers, Exclusions, and Limitations.

Tasting OnMyWay provides the site and Tasting OnMyWay Service on an „as is“ and „as available“ basis. Tasting OnMyWay does not represent or warrant that the Site, Tasting OnMyWay Service or its use:

1. will be uninterrupted
2. will be free of inaccuracies or errors
3. will meet your requirements
4. will operate in the configuration or with the hardware or software you use.

Tasting OnMyWay will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profit, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Tasting OnMyWay service, based on any cause of action, even if advised of the posibility of such damages.

Indemnification

You will indemnify and hold Tasting OnMyWay and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these ToS. If you have to indemnify Tasting OnMyWay under this Section, Tasting OnMyWay will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Tasting OnMyWay's express written permission.
Termination, Survival and Effect of Termination

Tasting OnMyWay may suspend or terminate your use of the Site or Tasting OnMyWay Service if it believes, in its sole and absolute discretion, that you have breached a term of these ToS.

These ToS will survive indefinitely unless and until Tasting OnMyWay chooses to terminate them.

If you or Tasting OnMyWay terminates your use of the Site or the Tasting OnMyWay Service, Tasting OnMyWay may delete any Submissions or other materials relating to your use of the Tasting OnMyWay Service on Tasting OnMyWay's servers or otherwise in its possession and Tasting OnMyWay will have no liability to you or any third party for doing so.

Notice

All notices required or permitted to be given under these ToS will be in writing and delivered to the other party by any of the following methods: (i) German mail, (ii) overnight courier.
If you give notice to Tasting OnMyWay, you must use the following addresse:

Tasting OnMyWay
Notice
Maistrasse 57
80337 Munich, Germany

If Tasting OnMyWay provides notice to you, Tasting OnMyWay will use the contact information provided by you to Tasting OnMyWay. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

No Class Actions.

You and Tasting OnMyWay agree that you and Tasting OnMyWay may bring claims against the other only in your interest or individual capacity and not as a plaintiff or class member in any purported class or representative proceeding further.
Applicable Law

This Agreement and your use of the Services and the Site shall be governed by the substantive laws of the Federal Republic of Germany without reference to its choice or conflicts of law principles. All disputes arising between you and TastingOnMyWay under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Munich, Germany, and you and Tasting OnMyWay hereby submit to the personal jurisdiction and venue of these courts.

Claims

You and Tasting OnMyWay agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, the Services or the use of the Website, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

All claims you bring against Tasting OnMyWay must be resolved in accordance with this Legal section. All claims filed or brought contrary to this Legal section shall be considered improperly filed. Should you file a claim contrary to this Legal section, Tasting OnMyWay may recover attorneys’ fees and costs up to Euro 5,000, provided that Tasting OnMyWay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.


Miscellaneous

These ToS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the Federal Republic of Germany without reference to conflict of law principles. These ToS will not be assignable or transferable by you without the prior written consent of Tasting OnMyWay. These ToS (including all of the policies and other Agreements described in this ToS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these ToS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Tasting OnMyWay are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these ToS. The invalidity or unenforceability of any provision of these ToS will not affect the validity or enforceability of any other provision of these ToS, all of which will remain in full force and effect.