Terms and Conditions

General Terms of Use and Agreement for imthere4u

1. General Provisions

1.1. These Terms of Use apply to all of our services: content, features, and other services provided by us. They define the terms of the relationship between you as a registered or non‐registered user and us, as well as your relationship to other users. Please read them carefully. Your acceptance of these Terms is required for using our services. Under certain circumstances, additional terms may be become binding between you and us in order to use a particular application – before using it, you will be notified of these additional terms in a timely fashion.

1.2 Some services are accessible to non‐registered users, while other services require you to register. Some of our services are provided by us free of charge to you. Other services are subject to cost. You will be explicitly notified whenever a service requires registration or is subject to cost so that you can decide whether you want to use the particular service or not.

1.3 Our services are designed to allow you to use them privately for your own personal purpose. You have the option of sending a link – such as to your family or friends – by which others can access your content.

2. Use ‐ General Provisions

You have no right to the use of our services prior to concluding an agreement, regardless of whether the services are free or subject to cost. We reserve the right not to respond to registration requests or to reject them without stating reasons. Rejected registrations will be deleted immediately along with their contents. Moreover, we reserve the right to refuse email addresses for registration or ongoing communication that are from certain domains.

We will be happy to receive suggestions for changes or improvements – in short, any kind of feedback. Please note that you will not be paid for your comments and suggestions, nor do they constitute any obligation on our part, not even if we act on your suggestions.

2.1 Use, Advertising

We reserve the right to display advertising to you and your visitors in the context of the presentation of your content and those of your visitors. This applies to both registered as well as non‐registered users and all types of content.

2.2 Registration

Some of our services require registration. You will be prompted to submit a form with certain personal data. You will not be permitted to enter the data of other persons or false data. Your data must be complete and correct. Some information is provided voluntarily; required information is specifically marked as such.

Entering pseudonyms instead of your real name is not permitted. However, you may specify a pseudonym by which you will be visible to other users in the public area.

You will be sent a confirmation of receipt via the email address specified by you as soon as possible following your registration. This confirmation of receipt will contain an activation link that you will need to execute. Your registration will only be complete once the activation link has been executed and subsequent confirmation has been given on our website. Incomplete registrations will be deleted from our servers along with their contents after a certain period of time, currently 24 hours.

After completing registration and acknowledging the terms of the usage agreement, you will have access to the services you have selected. We reserve the right to place advertising in the context of our service offers, particularly those that are free of charge.

2.3 Personal Area

As a registered user, you will have your own personal area (account) available where you can manage your data and content. To do so, log in to your personal area with your specified username and your chosen password. You are not permitted to log into third‐party accounts.

2.4 Subject of Agreement, Conclusion, Agreement Period, Agreement Costs

The designations chosen by us for our respective service offers do not represent any binding description of service or content. Solely the service and content description of the respective service at the time the agreement is concluded shall apply for each of our service offers.

Using paid services will require you to make prior payment for the respective service period. The date the payment is received by us shall be decisive. For paid services, the minimum agreement period shall be five calendar months. The agreement will be extended automatically by one additional calendar month unless it is terminated beforehand by either you or us.

2.5 Expansion or Limitation of Agreement

Registered users have the option to expand a free account by adding paid services or, conversely, to partially or fully reduce a paid account to a free account once the minimum agreement period has elapsed. Please note that the following link shall apply: Data Privacy Terms.

2.6 Agreement Notifications, Mail from Us

Agreement notifications sent to you as a registered user, e.g. regarding agreement changes, terminations, confirmations, or news, will only be sent to the email address you have specified in your personal area. It is vital for you to ensure that the email address you have specified is always up to date and that you check your messages regularly, at least every 14 days as a rule. You will never be asked for your password in our emails.

3. Termination

3.1 Free Services

The use of our free services may be terminated by either you or us at any time with a notice period of 14 days. To do so, log in to your account and choose the option “Deregistration / delete account.” In addition, you also have the option to delete the contents of your account at any time beforehand. Your personal data, content, and your account will be deleted immediately, subject to the validity of the terms at the link: Data Privacy Terms. Please see the information concerning what will happen with your data. Any contributions or comments that you have posted in the areas of other subscribers of our services will continue to exist. However, your user name will be anonymized.

3.2 Paid Services

Users of paid services have the choice of whether to have account data and information deleted immediately (see point 3.1) or after the respective agreement period ends (see point 2.4 of these Terms). The notice period for paid services is 4 weeks from the end of the month. Account holders who personally terminate their accounts early will not be entitled to a refund of payments for any remaining time in the respective agreement period; this will also apply to longer prepaid periods or if the minimum agreement period has not yet been reached.

3.3 Termination Procedure

You can terminate the agreement in the settings of the personal area of your account.

3.4 Termination by Us, Reasons for Termination

We shall be entitled to terminate our free services at any time with a notice period of 14 days from the end of the month. Paid services are subject to a notice period of 6 weeks from the end of the month. For termination of paid services, you will receive a pro rata refund of the prepaid price, calculated as of the time when the service you selected is no longer available. You will receive the termination notice in an email from us via the email address specified by you, and it may also be displayed in your personal area as an important message.

This shall not affect the right to termination for cause.

In the event of termination for cause, attributable to your conduct, you shall have no right to a refund of costs. We shall have the right to terminate and delete any account and its contents if notifications sent by us to email addresses of registered users of free services fail to be delivered at least three times within two weeks.

4. Amendments to the Agreement

We shall be entitled at any time to change, remove, or add particular services or service packages. Whenever this occurs, we will contact you via the email address specified by you and inform you of the changes. If it involves a limitation of a paid service of ours that is to your disadvantage, please note your rights in the section “Costs.”

5. Costs, Cost Refund

To use our paid services, you will need to pay the costs incurred at initial registration in advance. Thereafter, you can choose the option of direct debit (debit memo procedure). Information on the costs and prices of each of the services and service packages, along with what all is included, is provided by us at our website imthere4u.

If you are a customer of a paid service and have made a prepayment for a service that is no longer available and if you do not like the service change, you shall be entitled to termination without notice, effective on the date of the service change within one month of receiving the change notification. You will then be refunded the prepaid amount, calculated as of the time when the selected service ceased to be available.

If you are a customer of a paid service and terminate your paid account or delete it before the agreement period elapses, you shall have no right to a refund for the costs of unused periods.

6. Personal Access Data and Data Keys for Others

You will need your access data to log in to your account. This data must be kept secret and is nobody else’s business. You are not permitted to pass on your personal access data to third parties in any way or manner whatsoever.

You may make content marked as private accessible to the people of your choice. To do so, you create a so called data key that you make available to a particular person or a certain group of people. If you specify an email address for a key user when generating a data key, you will have to ensure that the email address specified by you is always up to date and that you or the key user (video recipient) check it regularly, at least every 14 days as a rule.

For the sake of security, it is vital that you prevent public access to each data key that you set up every time you designate content in your account as private, meaning that you should neither link it nor make it accessible via the Internet or databases, nor should you publish or disseminate it in any other way. If you would like to show your content to someone, choose the data type “public content.” Please note the restrictions for this data type.

7. Contents, Liability for Content

We give you the option of sharing your private data and content with other users in private or publicly. We do not check your content. You alone are responsible that for the legitimacy of your content and its use and for the legality of third-party access to your content. You are explicitly prohibited from storing, providing access to, disseminating, or downloading your own or third-party content through our service if this violates legal regulations, rights of third parties, or moral standards.

For example, this includes storing, providing access to, and disseminating content that is discriminatory or derogatory or in cases when, in doing so, you infringe on the rights of third parties – in particular personal rights, copyrights, and trademark rights – or if its use is otherwise illegal or punishable.

Furthermore, every user of our service shall be obligated to check content retrieved or uploaded via our service for malware with a commonly available and up-to-date anti-virus program that is free of charge or subject to cost, and to only permit downloading or uploading such content if it does not contain any recognizable malware after checking it with the anti-virus program.

You shall indemnify us, our employees, and our contractual partners engaged by us to implement our services from any liability or costs with respect to third parties resulting from your use of our services in violation of the agreement. In particular, costs of necessary legal defense are included in this provision.

7.1 Memory

While your account is active, you have access to a certain amount of limited memory. How much memory is at your disposal will depend on whether you are using a free or paid account. You can find more details in the account and agreement information.

Replies to your messages or posts will count towards the memory of the account, thereby reducing the available amount. This will also apply to the content of users who have received a data key from you and communicate with you through this channel.

7.2 What is Permitted and What Is Not – Registered Users

As a registered user, you can upload all common file types (documents, images, music, etc.) at our site for your private purposes. You have the option of designating your data as “private” or “public.”

7.3 Privacy of your Content

By default, your content is set at the highest level of privacy, meaning that no one other than you can view it at first. You can decide whether and to whom you want to make your content accessible. To this end, you can generate access keys and provide them to specific persons, so-called key users.

Your content remains your content. We do not claim any property rights, copyrights or usage rights to it, with the exception of the rights that we require for providing our services. In particular, these include the rights required for storing or copying them, such as for data backups, and for providing access in connection with the service selected by you.

7.4 Public Content

Public content is explicitly released by the registered user as public content. It is intended to be accessible to anyone, regardless of who they are. Also regarded as public content are comments and content posted by users in the public area of another user.

Concerning content deemed “public,” you shall grant us free of charge the non-exclusive, worldwide, and open-ended right to store, copy, disseminate, and provide access to this content – strictly for the purpose of using it to provide information about, advertise and render our services. The granting of this right shall apply to all media. It shall also apply in cases where you later designate content marked “public” as “private” or delete it.

You will retain the copyrights and other rights to your content in all other respects.

7.4.1. Limitations Concerning Public Content

The data type “public content” may be subject to limitations in terms of file size and format. Please see your account information in this regard. The data size can never be bigger than the total memory available for the account.

No one may store, link, copy, disseminate, or provide general access to public content if this violates legal regulations, third‐party rights, or moral standards.

7.4.2 Access, Providing Access, and Dissemination – All Users

The content of registered users, i.e. everyone who stores content with our service, may only be viewed, made accessible, and/or copied by you if and to the extent that the registered users have given their explicit consent.

Content that is accessible only by getting around access restrictions, i.e. by knowing the data key or other special access information as well as information about the access restriction itself, may in no way be made publicly accessible by anyone, such as via publicly accessible websites or databases, etc.

Moreover, any private dissemination of this data and information may only take place on the condition that the registered user has given prior consent to this. Copying content that is specifically protected by an access restriction is only permitted if the registered user has expressed his or her prior consent and only if the content has not been illegally created, disseminated or made accessible.

7.4.3 Data Key Users (Key Users)

Data key users are generally not authorized to access, delete, or modify the existing content of the account to which the data key gives them access. However, they are able to add their own content – marked as private – to the account of the person who has given them the key. The same requirements, limitations, and obligations with regard to content as described in Sections 7., 7.1, 7.4.2, and in Section 7.5 below apply to these users as well. Should you forward your email address to a registered user (master user, video sender) for the purpose of generating a data key, you will have to ensure that the email address specified by you is always up to date and that you check it regularly, at least every 14 days as a rule.

7.5 What Else Do You Need to Do? – Backing Up Your Content

Even though we perform regular data backups, we are not liable for full or partial loss, damage to, or the destruction of your data. You should by all means make sure that your content is also available to you even without the use of our services. This means that you should back up these contents on your computer or another storage medium before uploading, retaining this backup and checking it if necessary during the time that you use our service.

8. Availability

Our services and features are generally available around the clock, meaning 24 hours a day, 7 days a week. However, we can only guarantee an accessibility rate for paid services. This rate currently has an annual average of 99.2%. It is only guaranteed for circumstances that are directly under our control. Therefore, any circumstances that are beyond our responsibility are excluded, such as acts of God, general functional overload or failure of the Internet, including failure or breakdown of network nodes, external DNS servers, and the like, as well as any of their technical components and/or personnel structures that we have no access to. Any necessary maintenance work, such as for servicing or expanding our system or defending against hacker attacks, will be conducted by us to the extent required. Should this entail temporary limitations to our services, we will lift them again as quickly as possible and inform our users of this. If we anticipate the need to limit our services for longer than four hours, we will inform our users at least two days in advance.

9. Failures in Our Services

It is prohibited to use hardware or software to attack our users’ content, our services, or the hardware and software used for them. Under attacks, we mean spying and/or the unauthorized use of our users’ data, storing and using malware such as viruses and Trojans or software for distributed attacks (DoS or DDos attacks), as well as misusing our services for illegal purposes.

10. Violating the Terms of Use, Sanctions

We reserve the right to use appropriate sanctions when taking action against any violations of our Terms of Use and/or legal violations that are discovered. Included in this is also the discovery of any concrete evidence indicating such a violation. Such sanctions may entail:

a) blocking and/or deleting contents that do not comply with the Terms of Use, even without prior notice;

b) blocking and/or deleting user accounts that have repeatedly or profoundly violated our Terms of Use, even without prior notice.

The deletion of a user account is equivalent to extraordinary termination. Users whom we have blocked or deleted are not entitled to register again with us.

When choosing what measures to take, we will strike a balance between justified user interests and our own interests along with those of the general public (for instance, if laws are violated). The decision will be made at our sole discretion.

10.1 Notification of Violations of Third‐Party Rights and DMCA

Imthere4u respects third-party rights, in particular third-party industrial property rights, and expects its users to do the same.

Should you feel that any content stored or made accessible via our service or our website infringes upon the rights of third parties, please notify us immediately.

In such cases, please proceed as follows:

Specify the right that is possibly being infringed upon. If several rights are concerned, please list all of them.
Indicate the content or link allegedly infringing upon the right(s) indicated. At minimum, specify the precise location of the content or link, or name a URL where the content or contents allegedly infringing upon the right(s) can be accessed.
Indicate your company affiliation (if applicable), your postal address, a telephone number, and an email address if you have one.
Please add the following statements:

a) “I hereby assure in good faith that dissemination to the aforementioned place or its use has not been authorized by the rights holder, any person commissioned by him or her, or by law (e.g. fair use / free use).”

b) “I assure that the information given in this notification is truthful and, being aware that making false statements is punishable by law, I assure that I am the holder of the right affected or am authorized to act on behalf of the rights holder, the right, or an exclusive right in matters concerning the right that has allegedly been infringed upon.”

5. Please indicate your complete name (first and last name), your address, and other contact data such as your telephone number and email address (if you have one).

Send your letter of notification to:

Property Rights Officer

imthere4u (dataprivacy@imthere4u.com)

In accordance with the Digital Millennium Copyright Act of 1998, the text of which can be found on the website of the U.S. Copyright Office at http://www.copyright.gov/legislation/dmca.pdf, we will respond immediately to notifications concerning copyright infringements involving the use of our services or our website, provided that such infringements of rights are reported to the Property Rights Officer of imthere4u, who is addressed in the sample notice shown below.

If you are the copyright holder or authorized to act on behalf of the copyright holder or on the basis of an exclusive right in matters concerning the copyright, please inform us of any presumed violations of copyrights that have been committed on the website or via the website or our service. Do so by filling out the following DMCA notice and sending it to the responsible Copyright Officer at imthere4u. Upon receipt of the notification described below, we will take the measures we deem appropriate at our sole discretion. Examples of such a measure would be blocking the content concerned or removing it from the website.

11. Liability, Liability Limitation

We shall not be liable for the suitability of our service for a certain purpose unless it has been explicitly stated as part of the agreement.

11.1 Independent of the liability limitations described above and below, we shall be liable pursuant to legal provisions concerning injuries to life, body, and health caused by a negligent or intentional breach of duty by us, our legal representatives, or our vicarious agents.

We shall be liable pursuant to legal regulations for damages not covered by 11.1 clause 1 and which are caused by intentional or grossly negligent breaches of contract or by malice on our part or on the part of our legal representatives or our vicarious agents. In such a case, however, liability for damage compensation shall be limited to the foreseeable damage that typically occurs, unless we, our legal representatives, or our vicarious agents have acted with intent.

11.2 We shall also be liable for damages caused by us through simple negligent breach of such contractual duties, the fulfillment of which enables the agreement to be properly executed in the first place and upon the observation of which the user regularly relies or may rely. However, we shall only be liable to the extent that the damages are typically related to the agreement and foreseeable.

Any further liability shall be excluded, regardless of the legal nature of the claim asserted.

In particular, this shall also apply to tort actions or claims for compensation of futile expenses instead of performance. Insofar as our liability is excluded or limited, this shall also apply to any personal liability of our employees, workers, staff, representatives, and vicarious agents.

The statutory limitation periods shall be valid for the customer’s damage compensation claims if we, our legal representatives, or our vicarious agents are to blame for injuries to life, body, or health, or if we or our legal representatives have acted intentionally or with gross negligence, or if our ordinary vicarious agents have acted with intent.

11.3 Liability for Third‐Party Content

We shall not be liable for damages arising from any use, loss, damage, or destruction of data attributable to using the content of our users. Our users themselves are solely responsible for their content. Please refer to Sections 7 and 7.6 of these Terms of Use.

Our services and websites may contain links to external content, e.g. other websites, services or resources. We do not assume any guarantee for the accessibility and correctness of the content, products, or services involved. We may neither be held responsible nor liable for such. The responsibility for using, retrieving, or accessing the aforementioned content, products, or services rests solely with the user.

12. Applicable Law, Copyrights, and Related Rights

12.1 These provisions and the currently valid additional Terms of Agreement shall be governed exclusively by the law of the Federal Republic of Germany, with the exception of the provisions of international private law.

12.2 These Terms of Use do not grant you the right to use our logo, trademarks, domain names, or any other content of ours.

The imthere4u team