Terms and conditions

Important information

This site has been translated and merely serves as a supplement to the original German Terms and conditions, which can be found here. Please note that the only legally binding terms and conditions are the German version.

These General Terms and Conditions apply to the entire online offer at www.dinnerclash.de, including the corresponding language versions and sub-pages on other (sub-)domains, such as, among others, www.dinnerclash.com, www.dinnerclash.net, www.dinnerclash.uk, www.dinnerclash.co.uk, www.dinnerclash.org, www.dinnerclash.nl, www.dinnerclash.info, www.dinnerclash.shop and www.dinnerclash.eu. The offer is hereinafter also referred to as the "DinnerClash Platform". The DinnerClash platform is an offer of DinnerClash Eatertainment UG (haftungsbeschränkt) - hereinafter also referred to as "DinnerClash" or "we". The use of the DinnerClash platform is exclusively based on these General Terms and Conditions (hereinafter "GTC"). Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless their validity is expressly agreed.

Some of DinnerClash's services are provided by or in cooperation with third parties (hereinafter "Partners"). Here, additional general terms and conditions/terms of use of third parties may apply, which take precedence in the event that they conflict with DinnerClash's GTC.

1. Our offer

The DinnerClash platform supports its users in conducting their own private dinner competitions. For this purpose, a specially developed, digital game flow is offered for use on the DinnerClash platform. This game flow not only enables the preparation of the memories won, suitable for sharing in various social media channels, but also the use of already defined simply designed rules. This allows users to focus on their dinner evenings.

In addition, supplementary offers as well as editorial content can be used.

2. Free user account, password, current e-mail address

It is possible to register for free on DinnerClash to challenge people to their own private dinner competition using our digital gameplay or to accept a corresponding challenge. After registration and during the gameplay, it is possible to upload pictures and provide game-related information on the platform. We reserve the right to offer paid functions in the future that go beyond the basic usage. Such functions will only be available after an order and payment. An order also requires registration.

Anyone who has full legal capacity and does not yet have a user account with us may register. Only one registration is allowed per person. There is no claim to registration against us.

For registration, information on a current e-mail address and a first name (= user name) is required. A password must also be specified. The user's registration details must be complete and truthful at all times. If the data provided changes after registration, the user is obliged to correct this in his user account without delay.

The responsible handling of the personal password and its secrecy is the responsibility of our users themselves. If you suspect that a user account is being used by an unwanted person, please contact us as soon as possible, for example via our contact form.

Our users undertake to keep the e-mail address stored in their user account up to date as far as possible and to inform us promptly of any changes. A change of the e-mail address is to be carried out by the users themselves (user menu -> my data -> e-mail address). If the user does not change his e-mail address in a timely manner, he must bear the resulting disadvantages, such as our messages not reaching him.

3. Deletion of the user account, notice periods, duration

The free registration can be terminated at any time and without giving reasons by the independent deletion of the user account on the part of the user. DinnerClash can do this only if we observe a 14-day notice period, starting with a corresponding message to our user or to the e-mail address stored in his user account.

If a user has actively participated in our offers, for example with uploaded photos or details of private dinner competitions, this content remains part of our offer even after deletion of the user account. Further details are regulated in section 5 (copyrights and rights of use). Irrespective of this, after cancellation, deletion or other termination of the registration of users, we are also entitled to block, delete or anonymize user accounts as well as all content entered or uploaded under the respective user accounts.

The right to extraordinary termination for good cause remains unaffected. Good cause for extraordinary termination exists, for example, if the continuation of the contractual relationship until the expiry of the contractual notice period is unreasonable for the terminating party, taking into account all circumstances of the individual case and weighing up the interests. A good cause for us shall be assumed in particular if a user makes use of the service in a manner prohibited under Section 4 and a prior warning with a deadline has been unsuccessful or would be in vain.

Instead of extraordinary termination, we are also entitled in the event of violations to temporarily block the user's respective user access as well as all content of the registered user.

The membership is valid for an unlimited period of time until it is terminated.

From the moment of termination of the user contract, the user has no right to access the DinnerClash platform. The corresponding access will be blocked or deleted.

4. User obligations and special terms of use

The basis of the use are the following provisions, which contain essential contractual obligations of the users:

We expressly point out that the following acts of use or content are not permitted and that we will draw further consequences such as a blocking of the user for all services already at the first infringement - in addition to the removal of the content or contribution - up to the initiation of civil and criminal consequences for the user himself:

All postings, contributions, activities and actions that are illegal, in particular insulting, pornographic or otherwise violate youth protection regulations or glorify them, as well as all postings and contributions in which natural or legal persons are disparaged in their honor or business reputation, or their business or other reputation is damaged.
Disclosing or making accessible personal access data to DinnerClash, be it your own data or data of third parties.
The violation of copyrights or trademark rights of third parties, in particular in the event of a violation of Section 5 of these GTC.
Any form of discrimination against other people.
The setting of links to other sites or services that contain illegal, offensive or pornographic content or otherwise undesirable content, as well as any form of advertising or commercial use without our express prior consent.
The automatic reading of the data on our site as well as the creation of own search systems, services and directories with the help of the content available on dinnerclash.com (and all other DinnerClash domains) as well as the mass creation of posts or user accounts with the same content. This also applies to the sending of chain mails or letters by mail, any implementation of structural sales or sales support, including so-called multi-level marketing.
Uploading software, scripts, files and other mechanisms/techniques that are capable of spying on, attacking, paralyzing or otherwise interfering with or aiding and abetting interference with DinnerClash.com (and all other DinnerClash domains) or its users, their computers, the servers of DinnerClash.com (and all other DinnerClash domains) or the software used on the users' computers or the servers of DinnerClash.com (and all other DinnerClash domains).

The following acts of use and content are also undesirable:

Posts or communications with political or religious content.
Posts or communications with erotic or sexual content.
Posts containing criticism of products, companies, restaurants, etc., unless the entire matter is presented factually and is also fully verifiable by the respective user.

The setting of links is only permitted if this serves to provide desired information in the sense of our offer. We decide on the permissibility as soon as we receive knowledge of a link.

Since we cannot exclude liability from our side for the links set by our users with complete legal certainty, even for the future, in accordance with currently valid case law, we reserve the right to remove links from our site at any time at a later point in time, even if they have been permitted once, without giving reasons. Users whose links have been approved undertake to check the contents of the linked pages regularly and to inform us in case of doubt that these contents have changed. We ask all users to notify us of any unacceptable content, posts, links or violations related to our Terms of Use by sending an e-mail to info@dinnerclash.com.

The user also undertakes to post only factual and topic-related contributions and not to advertise for companies competing with DinnerClash.

5. Copyright and rights of use, indemnification obligation

The photos, texts and other content uploaded by the user to the DinnerClash platform (hereinafter referred to as "user content") may continue to be used by the user without restriction even after they have been made available to our service.

In order for us to provide user content on the DinnerClash platform, the user grants us the necessary rights of use. The same applies to the provision of his user content in the services operated by us outside the DinnerClash platform, in particular on our accounts on social media services (such as Pinterest, Instagram, Facebook, Twitter and so on). For this purpose, the user grants DinnerClash a free, non-exclusive right of use, unlimited in terms of space, time and content, also for commercial, fee-based exploitation and use in self-advertising for the DinnerClash platform as well as for other DinnerClash offers. This right of use shall apply with or since the provision of its user content on the DinnerClash platform, irrespective of the time of the respective provision. The right of use includes in particular a right to reproduce (§16 UrhG), to distribute (§17 UrhG), to make available to the public (§19a UrhG), to broadcast (§20 UrhG) and to reproduce the User Content by means of visual and audio media (§21 UrhG). Furthermore, the right of use includes a right to edit and redesign (§23 UrhG) the user content, which is to be used by us only to a small extent for the purpose of preparing content for self-promotion or at the request of users for subsequent adaptation of their content on our platform. Should new technical possibilities for the utilization of user content become known, we are also likely to use these. Insofar as the name, person or voice of the user should be contained in his user content, corresponding rights are also granted to this to the extent described above.

The rights granted to us also include only partial use of user content. DinnerClash is also entitled to record User Content or excerpts thereof in digitalized or non-digitalized form and to store it in databases and, if necessary, to combine it with other works or data.

We are also entitled to integrate user content from the "Dinner Inspiration" area (www.dinnerclash.de/inspiration and www.dinnerclash.com/inspiration) into third-party offers or have it integrated and to license or transfer the rights to user content to third parties for this purpose. For the use by these third parties, in particular their use for advertising purposes, the regulations regarding the scope of the rights of use according to section 5.a, 5.b and 5.c of these GTC apply accordingly. We work towards ensuring that the respective third party is contractually obligated to name the DinnerClash platform as the source and to make appropriate reference to it (e.g. the DinnerClash logo).

For the further adaptation of user content to or in the various offers (including third-party offers within the meaning of section 5.d), our users also grant us a right to edit, e.g. to adapt the format, to change the resolution or to apply a copyright marking or watermark in images or also to translate into other languages. The user also grants us the right to redesign and edit the user content as we wish, either ourselves or through third parties, in particular for the purpose of integrating it into other (digital) forms of presentation and languages. The right of use also includes the right to edit the user content in order to correct obvious errors, for example with regard to spelling and grammar.

We will always allocate the user content to the user in an appropriate manner as long as the user has a user account with us. If the user's user account is terminated, for whatever reason, we will continue to be entitled to use the user's content in full, including in anonymized form.

The user assures that he/she owns the necessary rights of use to the user content provided by him/her and may freely dispose of it, and in particular that his/her user content is not encumbered with copyrights, ancillary copyrights and personal rights and/or other rights of third parties (e.g. rights of a competitive nature). This applies in particular to photos provided by the user on which persons are depicted: The user assures us that he has a signed declaration of consent from the person depicted and that he may publish the photo accordingly. If third parties nevertheless make claims, although his user content is used in accordance with the provisions of this clause 5, the user shall bear the reasonable costs of legal defense and prosecution and shall indemnify us against all claims that may be made by third parties due to the use of his user content in accordance with the contract.

The user acknowledges that all trademark, brand and other proprietary rights of the DinnerClash platform - apart from its user content - are exclusively ours and may not be used without our prior written consent.

If, due to the user's fault, third parties obtain services from DinnerClash or a partner by using the access data, the user shall be liable for the damage incurred.

6. Availability, data backup, change of our offer, requirements

We cannot guarantee that our offer will be available uninterrupted and error-free at all times. However, we will use our best efforts within the bounds of what is economically reasonable to ensure that our users can use our offer without errors at all times if possible. We also generally recommend that you make local copies of anything that is excessively important to our users, as we also cannot guarantee that it will be made available for an unlimited period of time.

We are entitled to restrict access and accessibility of our offer, as far as this seems reasonable to us for justified reasons, in order to secure our systems against attacks, in particular to avoid serious disturbances of our offer or corresponding data losses.

We reserve the right to change or discontinue the services and functionalities offered or to offer new services or functionalities, provided that there are no contractual provisions to the contrary. We also reserve the right to issue separate terms and conditions for individual services or functionalities.

In order to use the DinnerClash platform, an Internet browser (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome) of the current generation at the time of use is required. The execution of Javascript code and the use of cookies must be activated in the Internet browser. If these requirements are not met, the use of the DinnerClash platform and all related functions cannot be guaranteed.

7. Conclusion of contract/membership

The contract for the use of the DinnerClash platform between the user and DinnerClash comes into effect upon successful registration as a member/user (receipt of the confirmation e-mail) subject to these GTC. Via the link "To the Sign up" or "New registration" the user comes to the input masks or to the social media registrations, in which he enters the registration details (user name, password, e-mail, etc.). Sending the registration details constitutes the user's offer to conclude the contract of use, which DinnerClash may accept but is not obliged to. DinnerClash reserves the right to reject applications for memberships in individual cases without giving reasons. After sending the registration details, the user will receive a confirmation e-mail from DinnerClash (acceptance), the receipt of which concludes the contract and membership. The technical activation for the use of the DinnerClash platform (activation of the user account), which enables the user to access the DinnerClash platform, is carried out manually by the user clicking on the activation link in the confirmation e-mail. The registration data is stored by the provider and can be accessed and changed by the user via the user account.

The registration of a legal entity may only be made by a natural person authorized to represent the entity, who must be named in the data provided.

Unless otherwise expressly stated by DinnerClash, all memberships are valid for one person only and are non-transferable.

In the case of services offered by partners via the DinnerClash platform, contractual relationships are established exclusively between the member and the partner. In these cases, the member will be informed separately of this and of the validity of additional general terms and conditions before ordering the offer of a partner. DinnerClash is not responsible for the proper provision of services in these cases, but exclusively the respective contractual partner of the user.

8. Warranty, liability

If we learn that our offer has errors that significantly impair its suitability for use in accordance with the contract, we warrant that such errors will be corrected as soon as possible, for example by means of technical adjustments to our platform.

We shall be liable without limitation for intent and gross negligence. We shall only be liable for simple negligence if a vicarious agent or legal representative of ours has violated an obligation that is of essential importance for achieving the purpose of the contract (so-called cardinal obligation). In this case, however, our liability shall be limited to the typical, foreseeable damage. Such damage will generally not exceed the amount paid by the user for the use of the DinnerClash offer in question. The above limitations of our liability do not apply in the case of personal injury, nor in the case of fraudulent intent or for claims arising from the Product Liability Act. Insofar as the above sentences effectively exclude or limit our liability, this shall also apply to the personal liability of our legal representatives and vicarious agents.

9. Privacy

The current data protection notices and the information required by the General Data Protection Regulation (DSGVO) on the processing of personal data when using our offer can be viewed in our privacy policy (www.dinnerclash.de/ueber-dinnerclash/datenschutz and www.dinnerclash.com/about-dinnerclash/privacy).

10. Amendment of the General Terms and Conditions

We reserve the right to change these General Terms and Conditions, even within the existing contractual relationships, insofar as this is necessary to implement changed legal requirements or changed supreme court rulings, or also if this is necessary due to changes in the economic circumstances of DinnerClash, the market conditions or due to technical changes or further developments of the offer.

We will inform our users about the planned change of the General Terms and Conditions in due time before it comes into effect by displaying a clearly recognizable notice on the DinnerClash platform or by sending an e-mail to the e-mail addresses stored from the user account of our users. In this notification, our users will also be informed that they can object to the new, amended General Terms and Conditions within a period of six weeks from receipt of the notification and where to send the objection. If we do not receive an objection within this period, this shall be deemed to be consent to the amendment. In the case of chargeable services, this procedure shall only apply to amendments to general terms and conditions which are deemed not to have a material effect on the contractual balance between the services offered and the consideration provided by the user for such services. If the User objects to the amendment, the contractual relationship shall continue under the previous General Terms and Conditions, unless they have been declared invalid.

11. Final provisions

The contract language is exclusively the German language.

The user may only set off claims against us or assert rights of retention if these are undisputed or legally established claims on his part.

The EU Commission provides an online platform for online complaints (ODR platform). It can be accessed at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Düsseldorf. The same shall apply if the user does not have a general place of jurisdiction in Germany or the EU or if the user's place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(Valid since 25.08.2021)

About us

This is just the translation of the terms and conditions of the:

DinnerClash Eatertainment UG (haftungsbeschränkt)
Pfaffenberger Weg 142
42659 Solingen.

Have lots of fun with DinnerClash, Cheerio! :)