Yasni Exposé Promotion Terms of Use

1 Subject of the Terms of Use

(1) yasni GmbH, with head office at Lyoner Str. 14, D-60528 Frankfurt am Main, Germany (hereinafter referred to as “service provider”), provides extended services at the domain www.yasni.de and at other domains, where applicable, for the use of the people search engine Yasni in the form of “premium” products.

(2) These Terms of Use regulate the provision of premium services by the service provider and the use of these services by registered users. The other services offered by the service provider at yasni.de or other domains of the service provider are not subject of these Terms of Use. These services are subject to the relevant separate General or Special Terms of Use.

2 Changes to the Terms of Use

The service provider reserves the right to effectively change these Terms of Use at any time, even during existing contractual relationships. The service provider shall notify registered users about such changes at least 14 days prior to the date these changes are scheduled to come into effect. Unless the user objects within 14 days of receiving the notice and continues to use the services even after expiry of the objection period, the changes shall be deemed effectively agreed. The service provider shall advise the user of his right to object and of the consequences of an objection in the notice of change. Should the user object, the service provider shall have the right to terminate the contract with the user on the day the changes are scheduled to come into effect.

3 Right of Use

(1) The use of all services provided on the Yasni website, and in particular the use of Yasni premium services, requires registration as a user. There is no right to be registered. The service provider shall be entitled to reject applications for registration without stating reasons.

(2) Any registration is conditional on the user being at least 18 years of age. Minors are prohibited from registering. A legal person must be registered by a natural person with unrestricted legal capacity and authorisation to represent.

4 Conclusion of the Contract

(1) The data and other information requested by the service provider and provided by the user in the course of the registration process must be complete and correct.

(2) A contract regarding premium services is not concluded until registration for a premium product has been completed successfully. The contract is concluded for an indefinite period.

(3) The user has the option to print out the text of the contract and the data provided in the course of the registration process.

5. Right of Withdrawal (for users signing up after June 10, 2010)

(1) Withdrawal Policy:

You may withdraw your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) without stating reasons. The deadline shall commence upon receipt of this information in text form, however, not before conclusion of the contract and also not before fulfillment of our information duties under article 246 §2 in conjunction with §1 sect. 1 and 2 EGBGB (German Civil Code), and our duties according to §312e sect. 1 (1) BGB in conjunction with article 246 §3 EGBGB. The notice of cancellation must be addressed to:

yasni GmbH
Lyoner Str. 14
60528 Frankfurt am Main
Germany
E-mail: info@yasni.com

Consequences of Withdrawal

In case of a valid withdrawal, the performances received by both parties must be mutually returned and any usufruct, which may have been obtained (e.g. interest) must be refunded. If you are unable to return the received performance to us either in full or in part or only in deteriorated condition, you must compensate us for the loss in value. This may lead to the result that you are nevertheless obligated to fulfill your contractual payment obligation for the period of time prior to the withdrawal. Under no circumstances will we charge you for services provided as free. Obligations to reimburse payments must be met within 30 days. This deadline shall commence for you upon dispatch of your notice of withdrawal, for us upon its receipt.

Additional Information

Your right of withdrawal expires ahead of time if the contract has been fulfilled by both parties with your explicit consent before you have exerted your right of withdrawal.

- End of the Withdrawal Policy -

(2) The right of withdrawal pursuant to Sect. 312b BGB only applies for consumers. Insofar as the user is not a consumer within the meaning of Sect. 13 BGB and uses the services of the service provider, no right of withdrawal shall exist.

(3) The service provider shall offer his services for use after the successful completion of registration.

6 Responsibility for Access Data

(1) The user must keep secret the login data (user name, password etc.) provided in the course of registration and not make these available to unauthorised third parties. It is incumbent upon the user to ensure that the user name does not infringe third party rights, in particular rights to the name and trademark rights, and that it does not violate accepted principles of morality.

(2) The user shall further ensure that only the user shall access and use the Yasni premium services. Should circumstances arise which give cause to the assumption that unauthorised third parties have gained or will gain knowledge of the user’s access data, the service provider shall be notified thereof immediately.

(3) The user shall be liable for any use and/or other activity conducted under his access data in accordance with statutory provisions.

7 Updating User Data

The user is obligated to keep his data (including contact and billing information) up to date. Should this data change during the term of use, the user shall immediately correct the data in the user’s personal settings on the Yasni website.

8 Termination of Use

(1) The user may terminate the user agreement at any time effective at the end of the current billing period without stating reasons by deactivating the respective Yasni premium services in his personal settings. Should this be impossible, a notice of termination can be sent in writing (e.g. e-mail) to the service provider.

(2) The service provider may terminate the user agreement without stating reasons at any time by giving ordinary notice of termination effective at the end of the current billing period with a one month notice period.

(3) The right to termination for good cause of each party shall remain unaffected.

9 Premium Services and Availability

(1) The service provider provides users of premium services advanced functions on the Yasni website for a limited time. Yasni is an Internet search engine that initiates a search for a person (e.g. a combination of first and last name) and displays public information from the Internet in aggregated form. Furthermore, search results providing information on persons may be screened according to various parameters or criteria. In addition to this basic function, the services of the chosen premium product described at http://www.yasni.com/products are available to premium users.

(2) The content and scope of the services are determined according to the respective contractual provisions upon commencement of the contract, in all other respects according to the current functions available on the Yasni website and in the Yasni premium products. We reserve the right to add additional services and optimise existing services (while taking the legitimate interests of premium users into account).

(3) The service provider shall make every effort to provide his services without disruption. However, use may be temporarily restricted or disrupted due to technical malfunctions (such as power failures, hardware and software errors, technical problems in the data lines).

10 Duties of the User

(1) The user is obligated to ensure that all personal information he provides in the course of his use of Yasni shall be truthful. The user is in particular obligated to only include data in his Yasni profile (Exposé) that can actually be related to his person.

(2) The user shall be obligated to comply with applicable laws in his use of the service.

(3) The user shall be obligated to treat e-mails and other electronic messages he may receive in the course of using the services of Yasni confidentially and to refrain from transmitting these messages to third parties without the consent of the communication partner.

(4) Yasni is not an anonymous platform. The user is obligated to enter his civil name during registration. The use of a pseudonym or stage name is not permitted.

(5) Each user may only maintain one web profile (Exposé) at Yasni. Multiple registrations are not permitted.

(6) The user is prohibited from misusing the services of Yasni. Misuse shall in particular be constituted by the following:

  • the publication or dissemination of unlawful, defamatory, pornographic or other objectionable contents,
  • the publication or dissemination of copyright-protected works (e.g. photos) of third parties
  • coercing, threatening or insulting persons
  • the use/publication/dissemination of copyright-protected material
  • the promotion of products or use of data to disseminate advertising (e.g. SPAM), in particular with reference to premium toll numbers (e.g. 0900 numbers and the like) or hyperlinks to Internet offers charging a fee
  • the publication of contents that are not truthful

(7) The user is also prohibited from taking any action likely to interfere with the trouble-free operation of Yasni, in particular from overloading the systems of the service provider.

(8) Yasni shall be entitled to immediately erase contents published by the user that are unlawful and/or constitute misuse. The user shall be obligated to compensate the provider for damages arising from such misuse.

(9) The user shall release Yasni from all liabilities and claims arising from damages such as disruption of services for users, infringement of copyright and trademarks, slander, insult, violation of personal rights and other third-party rights. The user is further obligated to compensate Yasni for any damages arising from misuse of the services. This shall in particular also include the costs incurred in the defence against claims and other demands as well as the costs of legal proceedings (in particular the costs of retaining a lawyer).

(10) The user shall grant Yasni a non-exclusive right of use in the contents and media contents uploaded by the user (texts, photos, videos, comments etc.) to store, reproduce and make the same accessible to the public in whole or part for the purpose of Yasni being able to provide the service.

11 Prices, Payment Terms

(1) The applicable prices and billing periods can be found in the current price list applicable at the conclusion of the contract at http://www.yasni.com/products.

(2) The user is invoiced for the respective agreed amounts at the beginning of the respective agreed billing period. The user shall pay the service provider the respective amount without deduction immediately upon receipt of the invoice.

(3) Any regulations regarding free trial periods shall remain unaffected.

12 Sanctions

(1) The service provider may block the user’s access to the premium services temporarily or permanently if there are concrete indications that the user is violating and/or has violated these Terms of Use and/or applicable laws or if the service provider has other legitimate interests in blocking the service. When deciding on a blockage, the service provider shall pay due regard to the legitimate interests of the user.

(2) Yasni reserves the right to erase contents or data published by the user in whole or part if the user has breached his duties.

(3) Should the user’s access be blocked temporarily or permanently, the service provider shall always notify the user thereof per e-mail.

(4) Should the blockage be temporary, the service provider shall reactivate access after expiry of the blockage period and notify the user thereof per e-mail.

(5) In case of breach of duty on the part of the user, the service provider may terminate the contract for good cause and with immediate effect. In this case the service provider shall refund any payments already made for the billing period in question unless the breach of duty is due to wilful intent or gross negligence on the part of the user. There is no right to be reimbursed for free services ("trial period").

13 Data Protection

(1) The service provider shall ensure that personal data of users are only collected, stored and processed to the extent necessary in the performance of the contract and permitted or required by law. The service provider shall treat personal data confidentially as well as in accordance with the provisions of the applicable Data Protection Act and shall not pass on said data to third parties unless required in the performance of contractual duties and/or by law.

(2) Should Yasni secure declarations of consent to the use of personal data from the user within the scope of use, the user shall be advised that he may revoke such consent at any time effective for the future.

(3) Further details regarding data protection and the purpose, kind and scope of personal data collected, processed and used can be found in the privacy policy that can be called up at any time under Privacy Policy.

14 Limited Liability

(1) Yasni shall be fully liable for all damages caused by Yasni due to wilful intent or gross negligence.

(2) In case of slight negligence Yasni shall be fully liable for injury to life, limb and health.

(3) In all other respects Yasni shall only be liable insofar as Yasni has breached a material contractual duty. Material contractual duties are deemed to be such duties that enable the due realisation of the contract in the first place and the observance of which the customer may rely on regularly. In these cases liability shall be limited to indemnification for typically foreseeable damages.

(4) Any liability under the Product Liability Act shall remain unaffected.

(5) To the extent that Yasni’s liability under the above provisions is excluded or limited, this shall also apply for vicarious agents of yasni GmbH.

15 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) If the user is a merchant, a public sector corporation or public-law entity with special funds, then exclusive place of jurisdiction for all disputes arising from the contract shall be the registered place of business of the service provider.

(3) Should any provisions of these Terms of Use be or become invalid, this shall not affect the validity of all other provisions.

Date: 16.06.2009