General Terms and Conditions of GOFRESH GmbH ("Provider") for the use of the "itsmy.com" mobile Internet Platform ("General Terms and Conditions") as of April 21st 2008
itsmy.com stands also for other domain names under the trademark "itsmy", including but not limited to "itsmy.com", "itsmy.mobi" and "itsmy.tv".

1.Scope
2.Services
3.Registration
4.The User's duties
5.Granting of use rights
6.Blocking of contents and the Account
 
7. Liability and restriction of liability
7.1 The Provider provides no warranty for the correct playing, completeness, existence, security or legality of the contents of the User and other users and accepts no liability for losses or damage incurred by using any contents stored on the Platform, published, sent by email, SMS or MMS or otherwise transmitted during the course of the Service. The above also applies for links to external Internet pages.
The Provider cannot accept any responsibility for communication between users nor can the Provider be made liable for indirect and consequential damages to the User. The Provider cannot accept any responsibility for possible viruses, worms, trojans etc. possibly transmitted throughout the service.
7.2 The Provider accepts no liability for the availability of the Account, Services and the Platform nor is the Provider liable for indirect and consequential damages. The User shall not acquire any rights or claims from any faults, down time due to maintenance work or discontinuation of services.
7.3 Without prejudice to the above, in the case of contractual liability, in particular also in the event of arrears and impossibility, tort and also under any other legal grounds, the Provider, its management board, staff, statutory representatives and agents shall be liable for damage not constituting physical harm or injury only in the case of intention and gross negligence. In the event of slightly negligent violation of contractual obligations, the liability of the aforementioned persons shall be limited in amount to typical, foreseeable losses.
7.4 The User shall hold the Provider, his officers, agents, employees and other partners free and harmless for claims for breach of third-party rights for which the User is answerable. The User shall in particular hold the Provider free and harmless for claims by third parties resulting from an unlawful act by the User, in particular with respect to contents infringing third-party rights that the User has made available or has edited or created during the course of the Services on the Platform. The same shall apply for all claims by third parties owing to illegal contents provided or made available by the User (see Clause 4.3).
7.5 In so far as such infringement of rights result in court proceedings, the User shall also bear the costs incurred by the Provider as a result, in particular court and attorney costs.

 
8.Termination of use
9.Privacy
10.General provisions
 
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itsmy.com is a free, ad-funded service in the mobile internet, standard carrier data charges may apply. However, itsmy.com reserves the right to offer various premium services for its users; these services are clearly marked as premium services and may be subject to a charge and may only be offered in certain countries/regions
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