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Terms of Use

1. General

(1) These terms and conditions of usage regulate the conditions under which the use of the yasni GmbH (hereafter: Yasni) internet service is provided.

(2) Any alternative terms and conditions of use for the user shall not apply unless these have been specifically approved.

(3) Registration with Yasni is only open to people over the age of 15 years. Legal entities or partnerships are not entitled to register on Yasni. Yasni reserves the right to demand that the user transmits appropriate proof of their identity. Before completion of the registration, the user is able to read the terms and conditions of these general terms and conditions of business, print them and/or save them.

2. Services from Yasni

(1) Yasni provides users with the opportunity to start an online search by using a forename/surname combination and gathers publicly available information from the internet in one place. Search results for information on people can also be requested by various topics or criteria.

(2) Yasni provides registered users with the option of creating their own personal public web profile (Exposé) with their own information.

(3) Yasni provides registered users with the option of evaluating search results or information on other registered users by various criteria.

(4) Yasni provides registered users with the option of electronically contacting other users, confirming contacts and communicating with one another.

(5) At any time, Yasni may modify or offer the services mentioned in a different form. Furthermore, Yasni reserves the right to expansion with additional services and offers.

(6) Yasni makes every effort to provide the services offered without interruption. However, no obligation exists to guarantee the availability of services or part of the services at all times.

(7) The use of Yasni is currently free of charge. Yasni reserves the right to offer certain extended services (e.g. so-called premium services) for a price. No fee paying owner-user relationship will be established without the consent of the user.

3. Obligations of the User

(1) The user has an obligation to ensure the accuracy of the information s/he gives when using Yasni. In particular, the user has an obligation to only record details that are about them on their Yasni profile (Exposé).

(2) In using the service, the user has an obligation to comply with current law.

(3) The user has an obligation to maintain the confidentiality of any e-mails and other electronic notifications received from Yasni. Users must not transmit these to third-parties without consent from Yasni.

(4) Yasni is not an anonymous platform. The user has an obligation to give his/her real name on registration. The use of pseudonyms or aliases is not permitted.

(5) Each user is permitted to maintain only one web profile (Exposé) with Yasni. Multiple registrations are not permitted.

(6) The abuse of the services of Yasni by the user is prohibited. This includes the following:

  • The publication or distribution of unlawful, defamatory, pornographic or other offensive content.
  • The publication or distribution of work by third parties that is protected by copyright (e.g. photographs).
  • Coercing, threatening or insulting others.
  • The use/publication/distribution of material that is protected by copyright.
  • Advertising foreign products or the use of data for the distribution of unsolicited advertising (e.g. SPAM).
  • The commercial use of the service, if it is designed so that other users will be inconvenienced. An inconvenience use can particularly be present if other users are prompt to use chargeable value-added service telephone numbers (e.g. 0900 numbers, etc.).
  • The publication of untruthful content (cf. fig. 3 clause 1).

(7) Yasni is entitled to immediately delete any unlawful or abusive content published by the user. The user has an obligation to compensate the operator for damages arising from such abusive use.

(8) The user exempts Yasni from all obligations and claims arising from damages as a result of the failure of services for users due to breaches of copyright and trademark rights, defamation, libel, breach of personality rights or other third party rights. The user has an obligation to compensate Yasni for damages arising from abusive use. In particular, this also includes the necessary costs of defence against debts or other claims and the costs of prosecution (particularly the costs of using a lawyer).

(9) The user grants Yasni a simple right of usage over the uploaded content and media content (text, photographs, videos etc) for saving, reproduction and for completely or partially rendering the information public for the purposes of the provision of the Yasni service.

4. Sanctions

(1) In the case of a breach of obligations by the user, Yasni reserves the right to block the user from the service without prior warning and to delete his/her data. The right to enforce claims for compensation or other measures remains reserved.

(2) Yasni reserves the right to completely or partially delete content or data published by the user if the user is in breach of his/her obligations.

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

(1) Withdrawal Policy:

You may cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The deadline starts on receipt of this notification in writing, but not till conclusion of contract and also not till performance of our duty to pass on information according to article 246 § 2 in conjunction with § 1 par. 1 and 2 EGBGB (German Civil Code), as well as our duties according to § 312e par. 1 (1) BGB in conjunction with article 246 § 3 EGBGB. To meet the cancellation period it is enough to dispatch the cancellation in time. 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 an effective withdrawal achievements 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 achievement 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 starts 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) By registering with Yasni you are able to use all services of Yasni.

6. Liability of Yasni - Liability Limitation

(1) Yasni shall have unlimited liability for all damages caused by Yasni in the case of wilful intent or gross negligence.

(2) In the case of slight negligence, Yasni shall have unlimited liability in the event of injury to body or health.

(3) Otherwise, Yasni shall be liable only where Yasni is in breach of an essential contractual obligation. Here, the notion of an essential contractual obligation refers to such obligations of which the fulfilment enables the proper execution of the contract at all and where the customer may ordinarily depend on said fulfilment. In these cases, liability is limited to compensation for predictable, typically occurring damage.

(4) Liability under product liability law remains unaffected.

(5) If the liability of Yasni is precluded or limited by the aforementioned regulations, this also applies for the agents of yasni GmbH.

7. Data Protection

(1) The personal data of the user that are required for the execution and processing of the services and offers from Yasni are stored and processed in accordance with the legal conditions.

(2) The user may voluntarily provide information when using Yasni. By entering the data, the user provides his/her consent to the processing and use of the data where such is required for the provision of the offers from Yasni or for the operation of the services. At any time, users themselves may voluntarily delete the data entered and therefore end any further processing of the data. Furthermore, the user may at any time revoke his/her consent with effect for the future.

8. Termination of the Owner-User Relationship

(1) The user may terminate the owner-user relationship at any time without giving reason. Termination should be executed using the Yasni contact form. On termination, the forename and surname of user are to be specified together with the user e-mail address registered on Yasni. Within one week, the operator will completely delete the entire data set saved under the web profile (Exposé) of the user. Notice of termination may also be given in written form or textual form. In this case, the processing time may be longer.

(2) Yasni may terminate the user relationship with the customer if the customer is in breach of his/her obligations (fig. 3). Moreover, termination may be executed due to a significant reason. For Yasni, a significant reason exists if the continuation of the contractual relationship is unreasonable for the operator in consideration of all the circumstances of the individual case and in consideration of the interests of Yasni and the user.

9. Modifications

Yasni reserves the right to modify these terms and conditions of usage. Users will be informed by e-mail of any modifications to the terms and conditions of usage. The modifications shall take effect between the parties if the user raises no objection to the modifications within 6 weeks of receipt of the information. In the e-mail, Yasni will advise separately of the option to object and the deadline for so doing. Should a user object to the modification of the terms and conditions of usage, Yasni is entitled to terminate and end the owner-user relationship at the time of the planned commencement of the modifications.

10. Concluding Conditions

(1) The law of the Federal Republic of Germany applies and the validity of the UN SISG is excluded.

(2) Should terms or conditions of these general terms and conditions of business be or become invalid, this shall not affect the validity of the remaining terms and conditions.

Status: Aug 16st, 2010

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