General Terms and Conditions

The YASSSU GmbH, a limited liability company under the laws of Austria, registered with the Austrian Register of Companies under no. FN 291872 z, Commercial Court of Vienna, with its registered seat at A-1070 Wien, Mariahilferstr. 4 (hereinafter referred to as "YASSSU"), offers any and all services on the internet-based portal www.yasssu.com, and all services that are directly and/or indirectly associated with the aforementioned portal, exclusively in accordance with the following

GENERAL TERMS AND CONDITIONS

Unless a terminology is used that denotes particular individuals, the following terms apply to male and female persons equally.

1. Subject Matter

1.1. YASSSU provides registered users the technical means to compile a portfolio of information on YASSSU's Internet-based portal (www.yasssu.com) and to retrieve this portfolio where technically possible via internet, phone or mobile devices.

1.2. Subject matter of this agreement are all services provided by YASSSU, in particular:

- the YASSSU-internet-portal: users are enabled to create individual, personalised information- and entertainment-profiles, including links to RSS-feeds, podcasts and other content, as well as to upload data to web-space defined by YASSSU up to a maximum of 100 Megabyte (e.g. own word-documents) and to administrate these (hereinafter referred to as "information-portfolio").
- retrieval of the information-portfolio: The user has the possibility to retrieve the information-portfolio (text- and audio-files) via telephone; for this purpose, text-files are converted into audio-files via text-to-speech engine. Therewith it is possible for the user to listen to the compiled RSS-feeds or other text-based information sources via a text-to-speech engine.

1.3. Third parties will provide visual and/or audiovisual content on the YASSSU-internet-portal for retrieval in return for payment and/or for free. YASSSU itself does not provide own (visual or audiovisual) content.

2. Registration

2.1. Solely physical persons who have registered themselves on the YASSSU-internet-portal may use the services offered. The usage shall be for private purposes only; the services offered must not be used for commercial purposes.

2.2. The information-portfolio is secured via password access and is therefore at exclusive disposal of the respective user.

2.3. The user warrants that any and all personal data and other information of relevance to this agreement which the user provides is complete and correct. Furthermore the user warrants that the usage of the offered services is solely for private purposes. The user shall be obliged to keep the provided data up-to-date.

3. Creation of the information-portfolio

3.1. Solely the user shall be responsible for the creation of his personal information-portfolio. The user shall be obliged to examine the content of his information-portfolio carefully. The user warrants that any and all uploaded data is free of any third-party's rights and that the utilization of the data in the framework of the YASSSU-internet-portal does not harm any third-party's rights, in particular any copy- or other ancillary copyright. The user indemnifies and holds harmless YASSSU, its affiliates and their employees, representatives and agents from and against any and all liabilities arising out of or in connection with the aforementioned upload of data and its utilization in the framework of the YASSSU-internet-portal.

3.2. The user must not violate moral obligations and/or third party's rights, in particular copyrights or ancillary copyrights with the format, content or intended purpose of the user's information-portfolio. The user shall refrain from offering content and/or services, letting offer, creating links or otherwise making services available, which involve pornography, violence, hatred, or which promote national-socialist content, criminal activity or making available any sort of instructions that would enable criminal activities.

3.3. The user shall be obliged to keep the access data strictly confidential and not to provide third parties with it; in case the access data becomes known by any third party the user shall be obliged to inform YASSSU immediately.

3.4. The user shall be obliged to refrain from including files or links in his information-portfolio, which may in any way (e.g. due to their nature, size, duplication capability) endanger YASSSU's data network or otherwise misuse the services of YASSSU (e.g. viruses, spam).

4. Retrieval of the information-portfolio

4.1. The User has the possibility to retrieve and/or listen to his personal information-portfolio via the phone number provided by the user in the registration profile. The provision of this dial-in service, is except as otherwise provided in the present General Terms and Conditions, in return for payment. The User is charged either per second or via a lump sum.

4.2. The retrieval of the information-portfolio is solely possible using the registered phone(number) while the Calling Line Identification Presentation (CLIP) is activated. The user has to call the phone-number provided by YASSSU. After successful dial-in the user is able to listen to his customised information-portfolio and to navigate within the information-portfolio or interact otherwise (further information on the functions can be found on YASSSU's website, www.yasssu.com).

4.3. The text files - insofar as they are not yet audio-technically prepared - are translated and transferred into audio files via a text-to-speech engine. The user acknowledges that the retrieval of the information-portfolio can only be granted to the extend of the possible technical means. YASSSU will notify its users where possible, should content be unsuitable for retrieval via telephone.

4.4. The quality of the telecommunication service in use is dependent on the standards given at the location of usage.

5. Subscription-Service, Content-Service and Fees

5.1. The following subscriptions are available:

5.1.2 Classic-Account
- yasssuWEB: access to Yasssu.com via internet, personal configuration of the information-portfolio
- YasssuMobile: retrieval of the personal information-portfolio via the mobile internet
- yasssuCALL: 30 minutes per month, time-quotas that are not consumed by the user will become forfeited with the end of each month and cannot be transferred into the following month (saving up of minutes is therefore not possible beyond one month)
- MyYasssu: 5 podcasts can be saved in the personal information-portfolio
- MyUploads: upload of own audio- and videofiles into the personal information-portfolio for the user's usage; up to 50 MB, which file-volume cannot be exceeded; user shall have the right to upload single files with a size of 50 MB only five times; at no point of time the user shall have the right to save more than a single file under MyUploads.

5.1.3 Premium-Account
- yasssuWEB: access to Yasssu.com via internet, personal configuration of the information-portfolio
- YasssuMobile: retrieval of the personal information-portfolio via the mobile internet
- yasssuCALL: unlimited minutes per month
- MyYasssu: an unlimited number of podcasts can be saved in the personal information-portfolio
- Archive: articles from the past are available for the user
- MyPlaylist: personal configuration of playlists with the articles available on Yasssu.com
- MyUploads: upload of a free number of own audio- and videofiles into the personal information-portfolio for the user's usage; up to 500 MB, which file-volume can be exceeded; each further GB costs EUR 3,00 per month
- Download of articles possible.

5.2 The clearing of the payable fees will be executed by third parties in the name and on behalf of YASSSU. The user shall be obliged to provide all data required for settling the payable fees and the user acknowledges that the usage of the services provided by YASSSU is only possible after accepting YASSSU's terms of payment.

5.3. The user acknowledges that for retrieval of his information-portfolio in any case fees for the phone-line occur in addition to the fees charged by YASSSU.

5.4. The lump-sum fee is payable in advance for the minimum term of the time-limit-package and will be charged after registration. The activation of the account will occur upon confirmation of the money-transfer by YASSSU's clearing partner.

5.5. YASSSU will provide the user upon request with an invoice in compliance with the Austrian law via e-mail (transfer will in every case include the Austrian sales tax)

5.6 In the case of delay with the payment YASSSU is entitled to charge an interest rate amounting to 5% on top of the base interest rate given at the respective point of time.

6. Upload

6.1. For any and all data, in particular music, photos, graphics, videos, software, texts, news or other material (hereinafter "Content"), submitted, saved or otherwise published by the User, exclusively the User shall be responsible.

6.2. YASSSU shall not be obliged to control the Content. YASSSU does not warrant the correctness, adequacy or a certain quality of the Content.

6.3. The User shall be obliged to refrain from

- saving, publishing and/or submitting data, files, texts, videos, pictures, graphics, links, software or other content, which is illegal, defamatory, vulgar, obscene, causing hatred, racist or in any other way objectionable or which could in any way harm minors, in particular pornographic and violent Content;
- saving, publishing and/or submitting Content, which harms third parties rights, in particular copy-, patent-, trademark- or any other intellectual property rights, business secrets, personal rights or property;
- saving, publishing and/or submitting Content, which could contain viruses or other information suitable to harm the function of soft- or hardware or other communication-equipment;
- saving, publishing and/or submitting unsolicited advertising, promotional material, junk or spam mails, chain-letters, multi-level selling or any other form of advertising.

6.4. YASSSU reservres the right to delete, lock and/or decline Content without reason or to publish the Content at another place within Yasssu.com.

7. Term

7.1. The contractual relationship between the user and YASSSU starts with the registration.

7.2. Yasssu-Premium-Account-Monthly Subscription: The minimum term for the Yasssu-Premium-Account-Monthly Subscription is one month. The Parties are entitled to terminate the agreement at the end of the minimum period with immediate effect in writing (e-mail shall be sufficient); however, in case none of the Parties terminates the agreement in time it shall be prolonged for another month.

7.3. Yasssu-Premium-Account-Yearly Subscription: The minimum term for the Yasssu-Premium-Account-Yearly Subscription is twelve months. The Parties are entitled to terminate the agreement at the end of the minimum period upon not less than four weeks written notice (e-mail shall be sufficient); however, in case none of the Parties terminates the agreement in time it shall be prolonged for another twelve months

7.4. Yasssu-Classic-Accounts have no minimum term and can be terminated with immediate effect. Classic-Account User shall have the right to immediately terminate the agreement in writing. YASSSU shall be entitled to delete the Yasssu-Classic-Accounts after six months of no action (i.e. no login to the account); in such a case the agreement shall be terminated with immediate effect.

7.5. YASSSU shall be entitled to terminate the agreement with immediate effect in case the user violates the agreement, in particular if the user

- provides false or incomplete data when registering and/or fails to update the personal data;
- provides false or incomplete data regarding the payment;
- has incorporated content in his information-portfolio, which harms the law, third parties rights or the General Terms and Conditions or content which is contrary to morality;
- has used the portal in a way contrary to the General Terms and Conditions (e.g. uses the portal for commercial purposes) or misuses the portal in another way;
- fails to comply with any other duty (eg. fails to settle the payable fees).

7.6 A termination of the agreement will in any case lead to the termination of any data provided by the user and the locking of the account of the user.

8. Warranty and Liability

8.1. YASSSU shall only be liable for damages arising out of or in connection with a gross negligent or wilful breach of the contract. The liability for loss of profits, consequential harms and for such losses caused by external influences, operating errors or amendments, add-ons or manipulations not made by YASSSU shall be excluded. External influences shall in particular include technical problems of the telecommunication-network used by the user for retrieving the information-portfolio; in such a case the user shall not be entitled to any claims against YASSSU.

8.2. YASSSU does not warrant that any particular information chosen by the user is available on YASSSU's internet-portal and that the user does not suffer damage out of a possible unavailability.

8.3. YASSSU shall be entitled to temporarily restrict the access to YASSSU's internet-portal in case of any danger to the security of the network or the internet-portal as such, the software or any data.

8.4. YASSSU dissociates itself from the content of the various sites, to which direct or indirect links exist as well as from all content provided by third parties on YASSSU's internet-portal. YASSSU shall not be liable for the content of these sites and/or the content provided by third parties on YASSSU's internet-portal. Solely the providers of the aforementioned websites shall be responsible for the content distributed via these web-sites.

8.5. The user is made aware that the webspace provided by YASSSU free of charge is not intended for backing up data and must not be used therefore. Consequently YASSSU does not warrant that the data saved within the portfolio is saved and maintained, and YASSSU cannot be made liable for the loss of any of the user's data.

8.6. In case of any infringement of the General Terms and Conditions, the morality or any rights of YASSSU and/or third parties, the user shall indemnify and hold harmless YASSSU.

9. Data Protection

9.1. The user agrees that his personal data will be saved on the servers of YASSSU and transferred to third parties for clearing the payable fees and for handling subscriptions of content-services available at YASSSU's internet-portal. Furthermore the user agrees that his personal data is passed on to third parties to the extend necessary for fulfilling requirements by law, for defending YASSSU's rights or for defending the interests of the users in general; apart from that the personal data of the users will not be passed on and will be treated strictly confidential according to the Austrian data protection act (DSG 2000). YASSSU shall not be obliged to observe the usage of the provided service by the users; however YASSSU reserves the right to do so and to proof information, save data or pass on data if the law requires doing so.

9.2. Unless the user gives his consent for a wider usage YASSSU collects, processes and uses personal data of the user only insofar as necessary for the conclusion and/or execution of the contract, and/or for the purposes of transferring a payment. The user agrees until cancelled to be informed by YASSSU about offers and/or services provided by YASSSU.

9.3. YASSSU makes the user aware of the fact that the data protection and data security for data transfer cannot be guaranteed in open networks such as the Internet, given the underlying technical framework. The user is aware that the provider can theoretically access the user's data, which is stored on the web servers. Other Internet-participants may under certain circumstances be able to intrude the network security anytime and control the traffic of news and messages. The user shall solely be responsible for the safety of the data provided by him.

10. Alterations of the Terms & Conditions

10.1. YASSSU shall be authorised to amend or alter these General Terms and Conditions at any time without any reason. The updated General Terms and Conditions will be published solely on the YASSSU internet-portal. The user will receive a notice of the updated General Terms and Conditions upon login into the portal.

10.2. In case the user does not object the new General Terms and Conditions within a period of fourteen days after publishing the General Terms and Conditions shall be in force to the user upon beginning of the next billing period. In case of a objection of the user in time YASSSU shall have the right to terminate the contract with effect to the point of time when the new General Terms and Conditions should be in force. Diverging General Terms and Conditions shall have no effect unless YASSSU has expressly accepted the binding effect of such General Terms and Conditions in writing.

11. Final Provisions

11.1. If any provision of these General Terms and Conditions is invalid, unenforceable or incomplete, such invalidity, unenforceability or incompleteness shall not affect the other provisions of this Agreement. The invalid, unenforceable or incomplete provision shall be replaced by a provision which approximates the idea of the invalid, unenforceable or incomplete provision as good as possible.

11.2. Any and all agreements concluded on the basis of the present General Terms and Conditions shall be subject to Austrian law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws.

11.3. Exclusive jurisdiction shall be the competent court for Vienna, Austria. However, user can take legal action at the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR) referring to the quality of the provided services, payment disputes and infringements of the Austrian telecommunication act (TKG 2003).

11.4. The present General Terms and Conditions are available in the English and in the German language. In case of any divergences the German version shall prevail.