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 Users duties
4.1 The User has to select a password for accessing his or her account under which his or her personalized website ("Nickpage") runs and via which he or she can use the Services and the Platform. The User is responsible for keeping his or her password secret and preventing other persons from accessing his or her account via this password. The User promises to immediately inform the Provider by a private message or e-mail to abuse@itsmy.com if there is any indication that the password is being used by third parties.
4.2 The use of the itsmy.com Platform for commercial purposes is strictly forbidden if this has not been expressly permitted by the Provider in writing! Unpermitted commercial use may be seen as advertising and charged accordingly. The minimum amount will be the current minimum package price of advertising campaigns on itsmy.com.
4.3 The User shall not upload any contents via his or her Account or to his or her Account, or provide/make available any contents or have other make the same available on the Platform, or send other users messages with contents that violate laws and statutes in any manner and/or breach the Provider's Content Policy can be viewed in "publishing guidelines" in itsmy.com. This clause prohibits in particular the following contents ("Illegal contents"):
- Contents breaching third party rights - e.g. copyright, performance and commercial property rights such as brands, patents, registered designs, design rights and also other rights, for example name and personality rights;
- Contents and actions violating criminal law, promoting anti-constitutional organizations or insignia of such organizations; contents glorifying violence; racist, pornographic, sexist contents; contents harmful to young persons; contents trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offenses, gambling, insult or slander, defamation etc.
- Contents intended to disrupt or impair services on the Platform, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts etc.
4.4. (previously 6) Blocking of content and the account, termination: If the Provider is informed by third parties, including other users of the Platform, about illegal contents or it is asserted that the User has offered illegal contents, the Provider shall have the right to immediately remove the said illegal contents and and/or block the User's Account without further notification to or setting of deadlines for the User. In so far as the suspicion of illegal contents is not rebutted by the User through suitable proof within 5 working days, the Provider shall have the right to terminate this Agreement with immediate effect.
4.5 The User hereby agrees that the Provider may place advertising on the User's personalized website (Nickpage). The Provider is also entitled to combine contents sent to the User's mobile phone with advertising. The User also agrees that the Provider can send him or her service-relevant emails, SMS, MMS or Inbox entries (Opt-In).

 
5.Granting of use rights
6.Blocking of contents and the Account
7.Liability and restriction of liability
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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