Terms Of Use

Please Read These Terms Carefully Before Using this Service

www.foodstarz.com website is made available by Foodstarz (“Foodstarz”) registered in Cologne/Germany and with our registered office located at Sachsenring 67, 50677 Cologne. Foodstarz services bring together “Chefs”, “Users” and food blogger community. The Services are available through the website www.foodstarz.com (hereinafter referred to as “Site”) and other sites which provide links to Foodstarz. The services provided by Foodstarz are subject to the following Terms and Conditions (the "Terms").

Acceptance of Terms and Conditions of Service

The Services are provided by Foodstarz (“Foodstarz”, “us” or “we”) as a service to its “Chefs” “Users” and “Food Bloggers” (herein referred to as “Customers”). By using this site, you confirm that you are a Customer as referred to above, and agree to follow and be bound by the following terms and conditions that we have provided. If you do not agree to them, do not use the site and do not proceed to register. Your use of the Site constitutes your agreement to all such Terms.

The following Terms govern your access to the site and use of the Service. This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the “Site” (online platform) by Foodstarz.

Foodstarz reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Users of, the Site (collectively, “you”) should visit this page periodically for changes. This Site is continually under improvement and changes in this Site may be made at any time. Any changes are effective upon posting to this Site.

Definitions

“User” means any person who makes use of the Site on his or her own behalf, or is authorized to use the site on behalf of a company or organization.

“Account” means the Foodstarz Account opened when you register as a User of the Site’s Services.

“Site” means the domain, and all sub-domains, of Foodstarz.com

1. Services

Foodstarz is a social networking platform which makes the Site available as a service to Chefs, Users and Food Blogger community. When you register on this site, Foodstarz grants you a limited, revocable, nonexclusive license to use this site only for the purpose of promoting yourself or your business including that of your Employer/Company if you have registered on behalf of your Employer. Chefs can promote themselves and showcase their talent, awards, cuisine or skills. Our service is intended to provide people with new ideas and inspiration for modern cooking through various types of international cuisines.

The Site has also a specified area for cooperation partners who will be able to set up a custom partner page including texts, images, videos, etc.

Foodstarz permits its Customers to contact each other and form contracts independent of the Website or is Owner.

2. Privacy Policy

To know more about how we collect and use your information including your personal information, please see our Privacy Policy at www.foodstarz.com/privacy.

3.  Fee

Foodstarz does not charge any fee for registration. However, Chefs, Food Bloggers and Home Cooks have to register to use our services. Basic Membership for Foodstarz is free. To avail of various services provided by Foodstarz, you can upgrade your membership to the different classes of membership by paying specified membership fee as mentioned in the site.

4. Registration & Accounts

To access services through our Site, you must register as a User and have a membership Account. In the registration form provided on the site, you are required to fill in your Full name, email and culinary profession if you are a professional chef/cook, amateur cook, food blogger. Registration with Foodstarz is absolutely FREE. No fee needs to be paid for registering. When you register, you agree to provide true, accurate and complete information. You agree to update this information as and when changes occur. After you fill in the registration form, you will receive a confirmation email including confirmation link.

To ensure high quality of content and service, information provided by Chefs and Restaurants will be reviewed by an international panel of jury. Chefs and Restaurants will be provided membership account by Foodstarz after receiving the panel’s approval.

After first login, you will be guided through the following pages in order to complete all major forms

“Core Data Form“

“Profile Picture Form“

Only after completing all the forms as instructed therein and submitting them successfully with the requirements, your account will be activated. And only then you'll be able to submit recipes, images, videos or other contents.

Each User represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User’s Account.

Your Foodstarz Account (including feedback) and Username are not transferable, and any transfer or attempted transfer to another party is null and void.

E-mail ID and Passwords: When you register an Account, you will be asked to provide your e-mail ID and choose a password for the Account to enable you to access and use your profile and other sections of this Site. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the e-mail ID and password you use to access this Site. Foodstarz will assume that any person using the Site with your e-mail ID and password is authorized to act on your behalf. You will be solely responsible for all access to and use of this site by anyone using your e-mail ID and password whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You shall immediately notify us of any unauthorized use of your e-mail ID and/or password or any other breach or threatened breach of security of this site.

5. Eligibility and Obligations of User

You agree and confirm that you are a legal entity or an individual eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant (as an individual) that you are 18 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you possess legal parental or guardian consent to access and use the Site. Foodstarz may terminate your Account, and any content or information that you have posted on the Site and/or prohibit your access to the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below 18 years of age.

You further confirm that: (a) you are a chef who has earlier worked, or is currently working in the culinary industry; or you are a restaurant, catering company, or any establishment which employs chefs; and your talent and achievements are showcased on your website/ Social media; (b) you are a Food Blogger and running a Food Blog; (c) you are not barred from using our services or Site; or you are not using our services or Site for in order to directly compete with Foodstarz, or indirectly compete by enabling any third party to compete with us.

When you register for Membership with Foodstarz, you accept all of the terms and conditions of this Agreement including but not limited to, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase of Products; and (c) perform your obligations as specified in the Agreement that you accept, unless such obligations are prohibited by law. Foodstarz reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone with or without cause.

6. User Content

Some areas of the Site allow Chefs to post their profile page, interview page and a recipe page where they can manage the contents, promote themselves and their work and communicate with others; Users can post blogs, feedback, comments, questions, and other information, follow each other, discuss sectoral topics in groups of forums and use other community features (“User Content”). You acknowledge and agree that you are solely responsible for all the Content that you upload and make available through the Site. You represent and warrant that: (a) you either are the owner of all User Content that you make available through the Site or you have all rights, licenses, consents that are necessary to grant to Foodstarz the rights in such User Content; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of such content or Foodstarz's use of the your Content does not infringe or violate any third party's patent, copyright, trademark, trade secret or any other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.

Information control: Foodstarz releases only reviewed and qualified content on Foodstarz site. But, you may find some Content to be offensive, harmful, inaccurate, or deceptive although such content is prohibited from being posted on Foodstarz site. There are also risks of dealing with underage persons or people acting under false pretense.

By using Foodstarz, you agree to accept such risks and agree that Foodstarz is not responsible for any acts or omissions of users on Foodstarz. Please use caution, common sense, and practice safe buying when using Foodstarz.

7. License

By making available any User Content on or through the Site, you hereby grant to Foodstarz a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, access, view, and otherwise exploit such User Content only on, through, or by means of the Site and Service. Foodstarz does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. Foodstarz reserves the right, but is not obligated, to reject and/or remove any User Content that Foodstarz believes, in its sole discretion, violates these provisions. Foodstarz stores all pictures in both original version as well as cropped version. Foodstarz reserves the right to edit pictures with filters, revise texts without changing the context, lock or delete profiles.

The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that Foodstarz may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.

You are responsible for creation, storage, and backup of your business records and User Content. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Foodstarz's part to store, maintain, backup, retain, or grant access to any information or data for any period.

8.  Prohibited Activities

You acknowledge our Terms of Use and understand our policy for the use of our site and agree to use our site for the permitted purposes only. The following are prohibited activities, which could lead to the termination of a User’s membership account without notice:

  • License, sublicense, assign, sell, resell, transfer, reproduce, duplicate or exploit any portion of the service in any way for any commercial use, or use on behalf of any third party;

  • Modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service;

  • Upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the service;

  • Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducts fraud, hide or attempt to hide your identity, or misrepresent the source or content of information including financial information transmitted through the service;

  • Transmit, distribute, post or submit any information concerning any other person or entity;

  • Use the service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the service;

  • Republish, distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Foodstarz's rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  • Use of bots, crawlers, or spiders, or other methods, to collect information from the site;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and service, or prepare any derivative works.

9. Relationship

9.1 Foodstarz is only a platform. This Agreement does not create any Agency, Employer-Employee, or any other type of relationship.

9.2 User agrees and acknowledges that Foodstarz shall not be liable, under any circumstances, to any other party, including the User, for direct, indirect, incidental, consequential, special or exemplary damages arising from or concerning any Submission made by the User.

10. Termination and Cancellation

Violation of these terms of use will result in termination of your Account. If your account attracts payment of fee and fee is not paid in full, you risk penalties such as the suspension of privileges and/or termination of the account. If Foodstarz terminates your account or if you close your account, you remain obligated to pay Foodstarz for all unpaid fees plus any penalties, if applicable.

You are solely responsible for canceling your account with Foodstarz. You can cancel your Foodstarz account by using the menu item “Delete Profile” in the Settings on the website. On deleting, your profile will not be available on the site subject to the condition that there is no active action pending. But, your data will remain on our server for any necessary action in future. However, this data will not be used by us or shared with others. If you delete your profile including all recipes, we will not be able to delete the pictures or texts from our social media profiles.

Upon any such cancellation/termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

11.  Limitation of Liability

While we try and ensure that all details, descriptions, etc posted by Users on this Website are accurate, errors may occur. If we discover an error, we will try to communicate with them to rectify it. If you have already paid for the Products, you can claim refund from the Seller.

You expressly understand and agree that Foodstarz shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, fines and expenses or other intangible losses damages, resulting from:

  1. the use or the inability to use the site;

  2. the cost of procurement of substitute Product;

  3. unauthorized access to or alteration of your transmissions or data;

  4. statements or conduct of any third party on the site;

  5. or any other matter relating to the site;

EVEN IF FOODSTARZ OR FOODSTARZ’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties ONLY.

12. Disclaimer/No Warranty

FOODSTARZ SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, COPYRIGHT, ACCURACY OF USER CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE. FOODSTARZ CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POSTING AND THE CONDITION, OR SUITABILITY OF ANY CHEF OR RECIPE. FOODSTARZ DOES NOT ENDORSE ANY USERS.

FOODSTARZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL FOODSTARZ BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF; THE USE OF OR INABILITY TO USE THE SITE; INFRINGEMENT OF COPYRIGHTS BY USER CONTENTS POSTED ON THE SITE OR BEHAVIOUR OF USERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FOODSTARZ SITE.

FOODSTARZ FURTHER DOES NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. FOODSTARZ MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. FOODSTARZ MAKE NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FOODSTARZ AND ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. PLEASE INFORM US IF YOU NOTICE ANY INFRINGING CONTENT ON OUR WEBSITE. WE WILL REMOVE THE SAME AT THE EARLIEST POSSIBLE.

The services provided by Foodstarz are Internet-based. You acknowledge and agree that Foodstarz cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet products provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although Foodstarz will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.

Foodstarz reserves the right to deny Users access to the service from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. Foodstarz shall use commercially reasonably efforts to notify Users of anticipated material disruptions in the services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.


13. Indemnification

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE AND OWN RISK. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FOODSTARZ AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PROPRIETORS, INDEPENDENT CONTRACTORS, CONSULTANTS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, CUSTOMERS, AGENTS, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND, LOSS, DAMAGE, EXPENSE (INCLUDING ATTORNEY FEE, COSTS AND EXPENSES) OR LIABILITY THAT MAY RESULT FROM, ARISE OUT OF OR RELATE TO: (a) ACTS OR OMISSIONS BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; (b) INTENTIONAL OR NEGLIGENT VIOLATIONS BY YOU OF ANY APPLICABLE LAWS OR GOVERNMENTAL REGULATION, (c) CONTRACTUAL RELATIONS BETWEEN THE YOU AND A THIRD PARTY; OR (d) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT NOT LIMITED TO, RIGHTS RELATING TO PATENT AND COPYRIGHT. FOODSTARZ RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH FOODSTARZ IN ASSERTING ANY AVAILABLE DEFENSE. YOU SHALL NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT FOODSTARZ'S PRIOR WRITTEN CONSENT.

14.  Ownership

All content on the site including any copyright, patent, trademarks, product marks, logos and trade names, whether registered or unregistered, including but not limited to Foodstarz.com, are proprietary to Foodstarz or to other companies where so indicated. You may not publish, distribute, sell, reengineer, reproduce, download or otherwise use any such content without the prior written consent of the appropriate owner thereof. Under no circumstance you will acquire any ownership rights or other claim, interest or title in any content by or through your use of this site.

15. Sever-ability, Waiver, Entire Agreement

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.

The failure of Foodstarz to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

The Terms of Use constitutes the entire agreement between you and Foodstarz and govern your use of the Site, superseding any prior agreements between you and Foodstarz (including, but not limited to, any prior versions of the Terms of Use).

16. Jurisdiction, Governing Law & venue

This Site is controlled and operated by Foodstarz from its offices at Cologne, Germany. Foodstarz makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

These Terms of Use shall be governed by German laws without reference to its conflict of principles. Any claim or dispute between you and Foodstarz that arises in whole or in part from the service shall be settled exclusively by binding arbitration as per the Arbitration Rules of the German Institution of Arbitration e.V. (DIS) without recourse to the ordinary courts of law. Arbitration to be conducted at Cologne, Germany.

17. Disputes

You are solely responsible for your interactions with other Users. Foodstarz reserves the right, but shall have no obligation, to monitor disputes between you and other Users.

18. Miscellaneous

18.1 Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation or     any other cause beyond the reasonable control of the parties.  

18.2 Assignment: You may not assign this Agreement, to any third party, without Foodstarz's     prior written consent. Any assignment or transfer these Terms, without such consent, will make the assignment/transfer null and void. Foodstarz may assign or transfer these Terms, at its sole discretion, without restriction, to provide the agreed services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

18.3 Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, prepaid Post, or sent by recognized courier service to the address mentioned in the website in case of Foodstarz and to the address provided by the user at the time of registration. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.

19.  Contact

If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to help@foodstarz.com. You can also contact us by using the contact details below:

Foodstarz
David Broich
Sachsenring 67
50677 Cologne

feedback@foodstarz.com


Sponsoring Partners