Terms

In short. VinoCappuccino is a free, public memorial of vino and cappuccino moments, run by one person in Germany. You post your own photo; it goes on a map the whole world shares, with its exact location. The site may carry advertising, deals and affiliate links, always marked as such. You are responsible for what you post. A person reads every report. You can delete at any time. The clauses below are the ones that count.

Who and what. VinoCappuccino (vinocappuccino.me) is run by Fabian Schlarmann, a sole proprietor in Germany; the address is in the imprint, email hello@vinocappuccino.me, phone +49 1567 9831190. Using and posting are free; all it takes is an email address. These terms apply to everyone who uses the site, the clauses about posting when you post. If you are a consumer, you may withdraw from this contract within 14 days (see Withdrawal, at the end); after that, you can end everything at any time by deleting it (clause 10).
Who may post. You must be 18 or older, and of legal drinking age where you live if that is higher (in the United States, for example, 21). Moments posted by someone younger are deleted.
What you may post. Your own photo of your own moment. Anyone recognisable in it is an adult and agreed to appear here; no children, not even with their parents' agreement. Not allowed: anything unlawful, hateful, pornographic, violent or defamatory; other people's private information; other people's photos, or other people's works as the main subject without their permission; advertising, spam and links; anything posted by a bot. A photo can reveal more than a drink, such as health, beliefs or origin; once posted, it is public. You are responsible for what you post, and with the tick you confirm that you hold the rights and agreements described here. We do not check moments before they go live.
Where you were. A moment carries the exact location it was taken at and shows it publicly until you delete the moment. Whether to post from home is your call; do not post what you would not want known.
What you grant us. With the tick you grant VinoCappuccino a non-exclusive, worldwide, royalty-free right to show the moment (the photo, the card, the place and the name or handle you chose to show) on vinocappuccino.me, and in the link previews and search results other sites and apps draw from it, for as long as it is online; to crop or resize it to fit, to show it with its statistics and to make the share picture you ask for. Nothing else: no use on our social media accounts, no sale of your moment and no licence to anyone else. VinoCappuccino may show advertising, sponsored content, deals and affiliate links, for example for coffee and wine, on the site, also next to moments, always marked as such, and we pass none of your data to an advertiser; your moment itself is never presented as an advertisement for, or a recommendation of, a product or brand without asking you first. Offers for alcoholic drinks are meant only for people of legal drinking age where they live. You keep every right you have.
Changing your mind. Deleting a moment takes it off vinocappuccino.me at once, and with it the right in clause 5. What was shown until then was shown lawfully. A link preview someone already shared, or a search engine's copy, may outlast it for a while.
Reports and removal. Anyone can report a moment from its page, with a name, an email address confirmed by a code, the reason and a statement in good faith (Art. 16 DSA); a report of child sexual abuse material may be sent without a name to the address in the imprint. A username, a handle or a page is reported by mail to hello@vinocappuccino.me, with the same details. A person reads every report and decides it; no software does. Software refuses by itself only a photo already removed here for what it shows (by its fingerprint) and a moment beyond the limits of clauses 8 and 9; the refusal says why and how to object. We remove a moment when it is unlawful, breaks clause 3, or a court or authority orders it, and we weigh everyone's rights. The person who posted is told when a moment is reported and, if it is removed, why and how to object (Art. 17 DSA); the reporter is told the decision. Either can object by mail, and a person looks again; the courts remain open. We inform the authorities where a moment suggests a threat to someone's life or safety (Art. 18 DSA). A removed moment is gone, not hidden; only terrorist content is kept, as the law requires. Terrorist content breaks clause 3. We remove it within one hour of an authority's removal order and keep it, with the data about it, for six months, longer only if an authority or a court asks. No software looks for it; the fingerprint check above refuses it once it has been removed. The person who posted it is told as above, unless the authority asks us to wait.
Fair use. Three moments a day, at least three hours apart. No bots, no scraping, no working around limits, no attempts to break in or overload the site. Usernames and handles must be your own and must not pretend to be someone else; we may reset a username or remove a handle that does, and take a page off the board; we tell you why each time. An address that keeps breaking clause 3 or this clause, or keeps filing plainly unfounded reports, may be blocked after a warning with the reason and seven days to answer, which a person reads before deciding; an address that posts child sexual abuse material or another plainly criminal moment is blocked at once. A block may also hold for the address after its account is erased, for at most three years (five for the plainly criminal); the block says so. A block states its reasons and can be objected to as in clause 7.
Usernames, scores and the boards. You post under a username we pick or one you choose. You are on the People board, your username shows on your moments and your page can be found until you switch that off; a handle shows only if you switch it on. Part of the streak is a reminder: one mail three hours before your streak would end, on from the start, off in your settings or from any reminder. Scores, streaks, ranks and places are a game: there is nothing to win, no claim to any of them, and we may change the rules or recompute them. A moment farther from your moment just before or after it than any plane could have taken you in between is not accepted.
Deleting. You can delete any moment, or everything, in your moments, no questions asked. It leaves the site at once and is erased 14 days later; deleting everything also locks your address at once. A moment posted without being logged in stays offline until you confirm it with the link in the mail, and is erased after one day without that. We keep only what we must be able to show: the record of what you agreed to, reports for a year, the log of removals, which names nobody, the fingerprint of a photo removed for what it shows for five years, encrypted backups for 31 days, and, once everything is erased, a proof of the erasure that names nobody unless someone types your address.
Availability, and liability. The service is free. We work to keep it running, but it may be interrupted for maintenance or for reasons beyond our control, and data may be lost, so keep your own copy of any photo you care about. Links to other sites (a handle someone shows, the maps button, a partner's offer, a source we credit) lead to sites run by others; their operators are responsible for them, and their own terms and privacy notices apply there. We are liable without limit for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence we are liable only for breach of an essential duty (a duty that makes the service possible at all and on which you may regularly rely), limited to the foreseeable damage typical for a service of this kind. This applies to the people who help us run the service as well. Your statutory rights as a consumer remain, including the statutory liability for defects of digital services.
If someone comes after us because of your moment. If a third party claims against us because a moment of yours breaks clause 3, you indemnify us against that claim and the reasonable costs of defence, provided you are responsible for the breach. We tell you promptly, hear you, and do not settle without asking you.
Changes and ending. We may change these terms when the law or the service changes, or to make them clearer, and we mail every change to every account. A new version applies to you only once you accept it: on the page you are shown when you next post or give a heart, also linked at the top of your settings, or with the tick when you post without logging in; from then on it applies to everything of yours, the moments you posted before included. Until you accept it, you cannot post or give hearts, and your moments stay online; you can still export or delete everything, object (privacy notice) and withdraw. We may change the service for a valid reason (new legal requirements, security, technical development, or a change of features that keeps posting, showing and deleting moments) at no cost to you, and we tell you of every such change. If it affects your use more than slightly, we tell you by mail at least four weeks ahead, and you may end the contract free of charge within 30 days of the change, by telling us or by deleting everything. We may end the service with four weeks' notice by mail, or sooner only for a serious reason; you can export your moments until then.
Law. German law applies; if you are a consumer, the mandatory protections of the country you live in remain. The contract language is English. You conclude the contract by accepting these terms: on the page shown at your first login, or with the tick when you post (posted without logging in: with the click on the link in the mail); until then you can correct any entry or simply leave. The version you accepted comes to you attached to a mail; we keep every version and send you yours on request; the one in force is always at vinocappuccino.me/terms. We are neither obliged nor willing to take part in dispute resolution before a consumer arbitration board. If one clause is invalid, the rest stands.

Withdrawal (for consumers)

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day the contract was concluded — the day you first accepted these terms: on the page shown at your first login, or with the tick at your first moment; if you were not logged in, the day you clicked the link in the mail. To exercise the right of withdrawal, you must inform us — Fabian Schlarmann, VinoCappuccino, c/o Online-Impressum 11693, Europaring 90, 53757 Sankt Augustin, Germany, hello@vinocappuccino.me, +49 1567 9831190 — of your decision by a clear statement (for example an email). You can also withdraw with the button "withdraw from contract here" at the foot of the site's pages or in your settings; we confirm its receipt by mail at once, with its date and time; withdrawn without logging in, that mail also asks you to confirm it was you before we erase. You may use the model withdrawal form below, but it is not obligatory; deleting everything in your settings also counts as withdrawal. To meet the withdrawal deadline, it is sufficient to send your communication before the period has expired.

Effects of withdrawal. If you withdraw, we erase your account and everything in it as clause 10 describes. You pay nothing, and nothing is refunded, because nothing here costs anything.

Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)

To: Fabian Schlarmann, VinoCappuccino, c/o Online-Impressum 11693, Europaring 90, 53757 Sankt Augustin, Germany, hello@vinocappuccino.me

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*): use of VinoCappuccino

Concluded on (*): …
Name of consumer(s): …
Address of consumer(s) (here: the email address of the account): …
Signature of consumer(s) (only if this form is notified on paper): …
Date: …

(*) Delete as appropriate.