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Dish.guide Terms and Conditions

I. INTRODUCTORY INFORMATION

Carefully read the following general terms of use (the "Terms of use") for registration on the www.dish.guide website or app ("Dish.guide"). By registering or by other acts noted below you confirm that you have read these Terms of use, understand their contents, do not have objections to them and accept them. At the same time, the Terms of use constitute a contractual agreement between you and Hospitality Digital GmbH (hereinafter referred to as "DISH"), HRB Nr. 62421, registered office: Metro-Straße 1, 40235 Düsseldorf, registered in the Commercial Register maintained by the Amtsgericht Düsseldorf.

II. REVIEWS AND COMMENTS

1. Please be aware that by providing your Content to or through the Services, be it via email, posting via Dish.guide, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Dish.guide account by virtue of DISHs product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant DISH a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to

  • host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; .
  • make your Content available to the rest of the world and to let others do the same;
  • to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and
  • use the name and/or trademark that you submit in connection with such Content of yours.

2. You acknowledge that DISH may choose to provide attribution of your Content at our discretion. You further grant DISH the right to pursue at law any person or entity that violates your rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for the DISH to publish and otherwise use) your Content as authorised under this Agreement. If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law,

  • you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
  • you have no objection to the publication, use, modification, deletion and exploitation of your Content by DISH or their licensees, successors and assigns;
  • you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and
  • you forever release DISH and their licensees, successors and assigns, from any claims that you could otherwise assert of any such moral rights.

3. Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.

4. The Services may contain discussion forums, bulletin boards, review services or other forums in which you may post your Content, such as reviews of experiences, messages, materials, or other items ("Customer registration area").

5. If DISH provides such Customer registration areas on the websites, you are solely responsible for your use of such Customer registration areas and use them at your own risk. DISH does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Customer registration area. To the extent that DISH provides any form of private communication channel between Account Holders, you agree that DISH may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that DISH does not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, DISH does not edit or control users’ Content that appears on the websites. DISH nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of DISH and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact DISH using the customer e-mail service to make your objections. By using any Customer registration area you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:

  • Is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
  • Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including DISH;
  • Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
  • Is unrelated to the topic of the Customer registration area (s) in which such Content is posted; or
  • In the sole judgment of DISH (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Customer registration area or any other aspect of the Services, or (d) may expose any of DISH or their users to any harm or liability of any type.

6. DISH takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor is DISH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DISH is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although DISH has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Customer registration area, DISH reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense. Any use of the Customer registration areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Customer registration areas and/or the Services more generally.

III. DISH RESERVATION AND DISH ORDER

1. DISH offer you the ability to make restaurant reservation and food ordering with third party suppliers by leaving the services. The service from DISH may contain hyperlinks to DISH.Reservation and DISH.Order. Upon being transferred to these services you are bound by the Terms and Conditions outlined in these sites and no longer by the dish.guide Terms and Conditions stated here nor will these sites have any bearing on the dish.guide information.

2. The Dish Reservation and Dish Order tool are operated by Hospitality Digital GmbH, Metro- Strasse 1, 40235 Düsseldorf ("HD“). DISH performs the services and other work performance exclusively on the basis of their contractual conditions.

IV. PERSONAL DATA

The processing of personal data provided to DISH is governed by separate stipulations provided in the Privacy Policy available on Dish.guide or here.

V. ADDITIONAL PRODUCTS

1. DISH may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that DISH have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

2. We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms of use of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

VI. PROHIBITED ACTIVITIES

1. The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to DISH. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:

  • use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by DISH;
  • access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
  • violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of the Services for any purpose without our express written permission;
  • "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;
  • attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by DISH in connection with the Services;
  • circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
  • download any Content unless it’s expressly made available for download by DISH.

VII. LIABILITY

1. The information, software, products, and services published on or otherwise provided via the services may include inaccuracies or errors, including reservation availability and pricing errors. DISH do not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the restaurant, or any other events displayed on the services (including, without limitation, the pricing, availability, photographs, restaurant or general product descriptions, reviews and ratings, etc.). In addition, DISH expressly reserve the right to correct any availability and pricing errors made under an incorrect price.

2. DISH makes no representations of any kind about the suitability of the services, including the information contained on its websites or any portion thereof, for any purpose, and the inclusion or offering of any products or service offerings on its websites or otherwise through the services does not constitute any endorsement or recommendation of such products or service offerings by DISH, notwithstanding any awards distributed based on user reviews. All such information, software, products and service offerings made available by or through the services are provided "as is" without warranty of any kind. DISH disclaims all warranties, conditions, or other terms of any kind that the services, its servers or any data (including email) sent from DISH, are free of viruses or other harmful components.

VIII. INTELLECTUAL PROPERTY

All documents and information contained on Dish.guide are the exclusive property of DISH and DISH reserves all rights to these documents and information. The name and logo of DISH are registered trademarks and using them for any other than purely informative purposes is prohibited without DISH’s explicit consent. Promotions of the services or products of DISH or its contractual partners, which can also be protected and for whose use DISH has corresponding authorisations, can also be displayed on Dish.guide. In accordance with the foregoing, you undertake not to use the Dish.guide in an improper or illegal manner, nor to manipulate it in any way, nor to infringe in general the intellectual property rights of DISH.

IX. MISCELLANEOUS

1. DISH reserves the right to adjust these terms of use at any time with effect for the future. You are free to accept the amended version of the terms of use. If however you do not accept the amended terms of use, use of the Services is not possible.

2. These terms of use and all claims and rights arising from or in connection with the terms of use are governed exclusively by German law to the exclusion of conflicts of law and must be interpreted and enforced in accordance with German law. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Place of performance is Germany.

3. Insofar as this is permissible by law, the place of jurisdiction is agreed to be Germany.

4. Otherwise the legal jurisdiction applies. The dispute resolution platform of the European Commission can be reached at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

5. DISH will not participate in dispute resolution proceedings before a consumer conciliation board, nor is DISH obliged to do so.

6. Should a provision of these terms of use be or become wholly or partially void, invalid, impracticable, or unenforceable ("Faulty Provision") this shall not affect the validity and enforceability of the remaining provisions of these terms of use. Instead, the parties now herewith undertake to agree to replace the Faulty Provision with a provision which, within the limits of the legally possible, comes closest to what the parties would have agreed, in terms of the point and purpose of these terms of use, if they had realized that the provision was faulty.

X. FEEDBACK

DISH appreciates the views and feedback of users and unregistered users. Please send your opinions and suggestions about restaurants or DISH to support-fra@dish.co. DISH can ask you if it is possible to quote the provided contribution. If you agree, we will be happy to share your contribution with others on Dish.guide or other channels.

These Terms of use are valid and effective from April 2022.