Terms and Conditions

This website is subject to the following Terms of Use which form a binding agreement between the user and the service provider, yourTime Solutions GmbH, when this website is called up. Should any special conditions for individual instances of using this website deviate from the following Terms of Use, express reference to this will be made at the relevant point. By way of supplementation, the special Terms of Use will then apply in each individual case.

1. Availability of general data and information

yourTime Solutions GmbH makes every effort to ensure that the information and data contained on the website www.yourtime-solutions.com (www.yourtime-solutions.de) is correct at all times. yourTime Solutions GmbH reserves the right to modify or supplement the information or data made available without notice.

2. Contractual relationships

The website www.yourtime-solutions.com (www.yourtime-solutions.de) contains cooperation projects with various service providers. The named website enables users to access the pages offered by yourTime Solutions GmbH partner companies. By using the facilities of such service providers, users of the website enter into a contractual relationship with the service provider which is subject to the corresponding contractual terms and conditions of said service provider. Legal and editorial responsibility for the services offered on pages provided by partner companies lies soles with the partner company concerned, whose website can be accessed via the homepage www.yourtime-solutions.com (www.yourtime-solutions.de). Using the facilities of a service provider results exclusively in contractual relationships with the partner company concerned and the user in accordance with the conditions that apply to this contractual relationship.

3. Liability

No liability or guarantee is assumed for the current status, correctness and completeness of the information and data made available on the website www.yourtime-solutions.com (www.yourtime-solutions.de). This also applies to all other websites to which any hyperlinks may refer. References and hyperlinks to third-party websites do not mean that yourTime Solutions GmbH assumes any responsibility for the content behind the reference or hyperlink. yourTime Solutions GmbH has no influence on and wishes to dissociate itself from the content of websites reached via such hyperlinks. Consequently, yourTime Solutions GmbH is not liable for any unlawful, incorrect or incomplete content or for any damage resulting from use of the website accessed by means of a hyperlink. The same applies for all external entries in the guest books, discussion forums, link indices, mailing lists and all other forms of databases for which external parties have write access to the contents. yourTime Solutions GmbH shall not be liable for any acts of partner companies. yourTime Solutions GmbH assumes no guarantee for the availability of or freedom from disruption of the services offered at www.yourtime-solutions.com (www.yourtime-solutions.de). Wherever services are made available by yourTime Solutions GmbH itself, the General Terms and Conditions of Business for the Service Provider member company offering the service shall apply, which are available at the relevant point.The liability of yourTime Solutions GmbH under the [German] Product Liability Act and other mandatory statutory provisions is unaffected by the limitations on liability referred to above. In all other cases, any liability on the part of yourTime Solutions GmbH is excluded. No guarantee is provided for price information relating to products and services placed on www.yourtime-solutions.com (www.yourtime-solutions.de).

4. Copyright

The content of the website www.yourtime-solutions.com (www.yourtime-solutions.de) is protected by copyright law. Any duplication or multiple copies of information or data – in particular, the use of any wording or portions thereof or image material shall be subject to the prior consent of yourTime Solutions GmbH. An exception from this rule is the wording, film and image material expressly made available for distribution purposes in the sections entitled Image Database and Mediatheque.

5. Applicable law

All information or data, the use thereof and registration on the yourTime Solutions GmbH websites as well as any acts, instances of sufferance or omissions in connection with the yourTime Solutions GmbH websites are subject solely to German law, to the exclusion of UN sales law. The place of jurisdiction to the extent that this is legally permissible – is at the head office of the service provider.

6. Miscellaneous

yourTime Solutions GmbH reserves the right to modify these terms of use from time to time and to adapt them to technical and legal developments. In the event that any specific regulations of this Usage agreement should become invalid, this shall not affect the remaining regulations in the agreement.

yourTime Solutions GmbH and the topic of data protection

The security of personal data such as names, addresses, telephone numbers or e-mails represents an issue of key importance to us. Accordingly, we conduct our web activities in conformity with the laws relating to data protection and security. Below is a list of the information we may collect from time to time, and how we use the data in question.

Personal data

In principle, protection of your personal data takes top priority for yourTime Solutions GmbH. We therefore do not collect any personal data via our website without your consent. You alone decide whether you wish to make your data known to us or not, e.g. within the scope of a registration, survey or similar activities. We generally use your personal data to answer your questions or to give you access to special information or offers.

No personal data

When you access our website, information is occasionally gathered automatically (i.e. not via a registration) that is not assigned to a certain person (e.g. the Internet browser used, or the operating system, domain name of the website from which the information was sourced; number of visits or page impressions, average visiting time, web pages accessed). This information is used to determine the attractiveness of our website and to improve the content thereof.

Security

yourTime Solutions GmbH takes precautions in order to ensure the security of your personal data. Your data will be meticulously protected from loss, destruction, falsification, manipulation and unauthorised access or unauthorised disclosure.

Links to other websites

The website www.yourtime-solutions.com (www.yourtime-solutions.de) contains links to other websites. yourTime Solutions GmbH is not responsible for the data protection strategies or the contents of these other websites.

License agreement (EULA agreement) of

yourTime Solutions GmbH
Windscheistrasse 18
10627 Berlin
Status: 26.09.2011
In the following: licensor

I. Subject of the Contract

The subject of this contract is the yourMail software, recorded on a data carrier or made available for download, as well as the associated help programme, programme libraries, scripts, example files, programme description, operating instructions as well as other accompanying written material - hereinafter referred to as yourMail software. Furthermore, this license agreement regulates the licensing of the yourMail software product family and all accompanying modules in machine-readable format. The yourMail Software is not sold, but licensed for the purpose of utilization.

II. Scope of contract

The licensor guarantees the licensee, in the framework of this contract and under consideration of all contractual agreements, the non-exclusive and non-transferable license for utilization of the yourMail software in machine-readable format.

The right of use comprises the operation of the yourMail software exclusively on the system on which it was initially installed.

III. Particular restrictions

It is expressly indicated that yourMail software is not subject to GNU/GPL. Only some code libraries are subject to separate licensing through the respective copyright holder. The yourMail software is protected by copyright laws and international as well as European copyright contracts and conventions, as well as through all contemplible laws and agreements regarding intellectual property.

All titles, property rights and intellectual property rights on yourMail software as well as all copies of it are exclusively the ownership of the licensor. Furthermore, this applies for all titles, computer codes, dialogs and concepts, as well as all related documentation. The code libraries named above are exceptions to this, which in each case are regulated in terms of intellectual property by the associated license in the original. The intellectual property for these code libraries remains exclusively retained for the respective originator.

The licensee is not permitted to apply, use or copy the yourMail software in any way other than as described in this license agreement. The licensee is not permitted to hand the yourMail software or associated written material to a third party, to hire it out, lend it, to loan it, to transfer it, to duplicate it, to make it accessible to a third party, to alter it, to translate it, to reverse engineer it, to decompile or disassemble it, to create derivative mechanisms from the yourMail software, or to duplicate the written material, to alter the material or to create mechanisms with the aid of the written material. Excepted from this is necessary provision to third parties for editing, configuration, rearrangement, adjustment and extension; the licensee is liable for these parties’ breaches in the sense of this agreement in every case.

An issue of the yourMail software to a third party for editing, even in part, effects the full liability risk for breaches of this license agreement.

The licensee is expressly forbidden from selling the software to a third party if they do not have advance written agreement from the licensor regarding cooperation. This requires written form for its validity.

The source code of the yourMail software may not be used by the licensee, completely or in parts, as a basis for its own new software developments; nor may the operation of the yourMail software be copied as the basis for the development of a similar type of software. Issuing the source code of the compiled components is not possible.

IV. Duplication

The yourMail software as well as all files obtained with the download are protected by copyright. The yourMail software may only be installed on a single computer and only once on that computer.

V. Validity period of the contract and termination

The license agreement begins with the conclusion of this EULA and is valid indefinitely. A free upgrade option on versions that appear subsequently is expressly not agreed.
This license agreement, however, becomes invalid as soon as the licensee breaches one of these agreements or conditions. In case of breach of the agreements or conditions named above, the licensee is obligated immediately implement the destruction of all copies made. However, the liability and guarantee restrictions named below remain unaffected by this.

VI. Deficiencies in the yourMail software

The yourMail software requires individual configuration. The licensor offers no type of guarantee for deficiencies arising.

VII. Liability

Complete unrestricted liability transfers with the installation of the yourMail software to the party that has installed it and uses it.

Liability is excluded if the source code and therewith in the further sense the functionality have been changed by the licensee or a third part contracted by the licensee.

No responsibility can be taken for function, design or other third party provider characteristics.

In terms of the implemented interface from third party providers to this type of system, it is the case that this should only carry out data exchange and data transmission in accordance with the respective provider’s regulations.

The functions on provider's pages, or run with partners, expressly do not belong within the licensor's scope and area of responsibility, meaning that liability on the part of the licensor is also not possible here.

Responsibility for data loss is restricted to the typical repair costs that would arise with regular creation of back-up copies in accordance with risk.

VIII. Penalty

Should the licensee breach a point of this EULA, a penalty of the amount of 10,000.- EUR for each individual breach must be paid to the licensor.

IX. Other

The yourMail software installation, advice and training are not constituent elements of this contract. The issue of updates, their technical set-up and contents, as well as termination, rests solely with the licensor.

The licensee has no claim to further development of the yourMail software. This further development and upkeep of the software is solely decided upon by the licensor.

X. Law, place of fulfilment and court of jurisdiction

The law of the Federal Republic of Germany applies exclusively for all disputes arising on the basis of this contract. The place of fulfilment and court of jurisdiction is exclusively the Postdam Regional Court, Germany, provided that the licensee is a merchant who has been registered as such in the commercial register. The UN Convention on Contracts for the International Sale of Goods expressly does not apply in any way.

XI. Final provisions

This license agreement is conclusive. It replaces every other communication or assertions in advertising documents in relation to the yourMail software and documentation. There are no additional oral agreements. Furthermore, amendments and additions require written form for their validity. The written form of fax and/or email is also valid.

If one or more regulations in this license agreement are or become ineffective, this does not affect the remaining regulations in this agreement. The ineffective regulation must be replaced with an effective one, which corresponds as closely as possible to the legal and economic intent of the contractual party.