Version of July 07, 2009

1. SCOPE OF APPLICATION

1.1 Use of the "Fytch" service, and in particular the accessing of comments, ratings, information and other content published there, and users' own utilisation of the commentary and other functions is exclusively subject to the following General Terms and Conditions. This also applies if the "Fytch" service is used from a location which is not within the sovereign territory of the Federal Republic of Germany.

1.2 On the "Fytch" website (currently http://fytch.com), visitors' attention is drawn to the existence of these General Terms and Conditions in the form of a reference hereto, and once they have successfully registered, they can save the toolbar required in order to use the registration-only "Fytch" functions to the Favorites list in their internet browser via a hyperlink. At the same time, users have the opportunity to access the text of these General Terms and Conditions by clicking the hyperlink in the reference. In continuing to use the "Fytch" service, the user declares that he/she agrees to these General Terms and Conditions. If the user fails to do so, he or she is not permitted to use the "Fytch" service.

1.3 The "Fytch" service is provided by Gate 53|10 Technologies UG (haftungsbeschränkt), Arndtstraße 18-20, 22085 Hamburg, Germany (hereinafter "Gate 53|10").

1.4 The user and Gate 53|10 are hereinafter collectively referred to as the "Parties".

2. DESCRIPTION OF THE "FYTCH" SERVICE

"Fytch" is a service which enables users visiting a website to place their own comments, ratings, information or other content anywhere on the relevant website via the "Fytch" interface, which is automatically overlaid over the website in question once the user has activated the "Fytch" service. Users of the "Fytch" service can view any comments, ratings, information and other content which they or other users have published directly on the website in question via the overlaid "Fytch" interface. This enables all "Fytch" users to exchange thoughts, opinions, ideas and ratings in a simple and context-related manner, with such thoughts, opinions, ideas and ratings being displayed directly at a specific point on the website to which they refer, as designated by the respective user, on the overlaid "Fytch" interface.

No software is required in order to make use of this service. Instead, once the user has registered, a link to the "Fytch" toolbar is inserted in the Favorites list of the user's internet browser. This toolbar can be activated on every website on the internet via the link stored, and can then be used to write comments, ratings, opinions, etc. Gate 53|10 reserves the right to make it possible in future for the "Fytch" service to be accessed not only via the internet on PCs, or similar, but to expand the offering to include other potential modes of access (e.g. mobile phones, etc.). The following General Terms and Conditions also apply to any additional modes of access unless they are modified accordingly by Gate 53|10. The freely accessible website for the "Fytch" service will, inter alia, display all comments, ratings, information and other content distributed via the "Fytch" service, removed from their original location, in a summary view and in a manner which Gate 53|10 is free to select and may alter at any time. This and certain other functions offered on the website are available without registration or requiring the "Fytch" toolbar.

To a certain extent, context-related advertising for contractual partners of Gate 53|10 will be displayed while using the "Fytch" service.

3. REGISTRATION; GENERAL

3.1 Use of the "Fytch" service (with the exception of the functions available on the free-access website for the "Fytch" service, which do not require registration) is only possible following successful registration in accordance with the following terms and only via the toolbar which can be downloaded on the "Fytch" website and should be saved via a link in the Favorites list on the user's internet browser. By applying for registration and by effecting registration, the user and Gate 53|10 conclude a user agreement (Nutzungsvertrag) for the registration-only "Fytch" functions; this user agreement is subject to these General Terms and Conditions. The free-access functions offered by the "Fytch" service can be used in accordance with these General Terms and Conditions without the user being required to register.

3.2 Registration is only possible if the user has provided all the data required on the registration form in a true and complete manner and the user is over 14 years of age (registration criteria). No legal claim to registration shall exist. Gate 53|10 is entitled to refuse registration without stating reasons. Users are not permitted to transfer either the registration or the resulting user agreement for the registration-only "Fytch" functions to third parties.

3.3 Gate 53|10 is entitled to terminate the user agreement for the registration-only area of the "Fytch" service, which was concluded upon registration of the user, at any time without stating reasons and to cancel registration. As a result, the user's entitlement to use the registration-only functions of the "Fytch" service will lapse. Gate 53|10 will, in particular, terminate the user agreement with immediate effect if: (i) the user provided incorrect or incomplete data upon registration, (ii) any of the registration criteria cease to be met, (iii) the user breaches the provisions of these General Terms and Conditions for use of the "Fytch" service, as amended, or (iv) serious indications of illegal activity by the user are observed.

3.4 The user will be informed of successful registration on the corresponding confirmation page or in writing. The user will be informed of any termination of the registration in writing.

3.5 The user has the right to terminate the user agreement for the registration-only area of the "Fytch" service at any time by giving written notice to Gate 53|10. Gate 53|10 will immediately cancel registration.

3.6 The user is, in principle, free to select the username necessary for registration. The selected username must not, however, breach prevailing law, infringe third-party rights, violate these General Terms and Conditions or be contra bones mores. The following restrictions apply. The user, in particular, must not use any of the following as a username:

(a) the name of another person;

(b) a name that is protected by copyright, a trademark or any other proprietary right;

(c) a name that infringes or could infringe the rights of another individual or legal entity;

(d) a name that could be seen as a provocation by or cause offence to other users, e.g. vulgar or insulting usernames;

(e) a name that contains codes by which members of an extremist scene can identify each other even if the coded meaning of the username is not immediately apparent to others.

As the holder of the respective username, the user is responsible for all comments, ratings, information and other content made using this username in the context of the "Fytch" service.

3.7 Upon registration, the user will also receive, in addition to the aforementioned username, a personal password. Registration-only functions of the "Fytch" service can only be accessed using the selected username and the corresponding password, which must be entered in the corresponding input fields of the "Fytch" service. The user must not disclose the password to third parties and must store it carefully in order to prevent it being abused. The user is obliged to inform Gate 53|10 immediately if the user becomes aware that the password has been lost or become known to third parties or could have become aware of this fact had the user not been guilty of gross negligence. The user is liable for any third-party abuse until such time as Gate 53|10 has been informed that the password has been lost or has become known to unauthorised third parties unless the user can provide evidence that he/she was not at fault in this context. When the "Fytch" service is accessed, a cookie will be stored on the user's computer or other input device; this cookie must not be deleted for the duration of the session. If the cookie is deleted or damaged, authorisation must be repeated immediately by entering username and password before the use of the registration-only functions of the "Fytch" service can be continued or a new session started. If this authorisation is not completed in the proper manner, the registration-only functions of the "Fytch" service cannot be used until the user has logged in again in the proper manner.

3.8 The "Fytch" service is fundamentally available to users free of charge.

4. RESPONSIBILITY FOR CONTENT; LEGAL RELATIONSHIPS WHERE THE USER PURCHASES PRODUCTS AND SERVICES

4.1 The advertising, comments, ratings, information and other content published using "Fytch" are generally not created by Gate 53|10 but by third parties, who are solely responsible for the substance and truthfulness of their content. Gate 53|10 does not accept any responsibility for the quality, accuracy or up-to-dateness of the advertising, comments, ratings, information and other content published by third parties via the "Fytch" service. The user acknowledges this and undertakes to review the information itself, in particular before taking any purchasing decision.

4.2 The comments, ratings, information and other content available via the "Fytch" service serve purely for the purpose of providing users with general information on particular products and services offered via the internet and on other topics. This content is not prepared by and is not the responsibility of Gate 53|10, except where Gate 53|10 itself offers a comparison of products or services as set out in clause 4.3. Moreover, context-related advertising by advertising clients of Gate 53|10 relating to certain products, services or topics is, within a certain scope, displayed to the user during a "Fytch" session. The decision to purchase, or not to purchase, a product or service via the internet is, in any event, taken by the user at his or her own responsibility.

4.3 Gate 53|10 reserves the right either to place price or service comparisons itself or to have such comparisons placed by third parties (at Gate 53|10's discretion) at appropriate points on the "Fytch" service offering non-binding product or service information and in some cases a link to the products and services compared. The individual products and services compared will be sorted on the basis of criteria specified either by Gate 53|10 or by the third party responsible. The user is also obliged in respect of such price or service comparisons to review the non-binding information, in particular before taking any purchasing decision. Gate 53|10 accepts no responsibility for the quality, up-to-dateness and accuracy or for the contents and the truthfulness of this information. In particular, Gate 53|10 accepts no responsibility for the type, scope and quality of the products, services or information offered to which reference is made either directly or indirectly (e.g. via a link). Nor does Gate 53|10 accept any responsibility that the products and services are in fact available from the respective providers on the terms outlined on the "Fytch" service.

4.4 Gate 53|10 will not be party to any purchase, service provision or other contract concluded by the user with a provider of products or services via the internet, even where comments, ratings, information and other content or advertising for similar products or services are published in respect of this product or service via the "Fytch" service. The advertising, comments, ratings, information and other content distributed via the "Fytch" service do not constitute legally binding offers by Gate 53|10. In particular, Gate 53|10 is not party to such a contract as a commercial agent (Handelsvertreter) or any other representative. This also applies if the product is purchased via a function incorporated in the "Fytch" service, such as a hyperlink or partner program.

4.5 Insofar as the "Fytch" service includes references to third-party websites (e.g. manufacturers, dealers or other providers), Gate 53|10 accepts no responsibility for the content, products, services or functions contained or described on such websites or any other information. Gate 53|10 is, in particular, not responsible for the content of websites to which reference is made on the "Fytch" service via a link. Gate 53|10 has no influence over the design and content of such websites referenced by hyperlink. Gate 53|10 does not adopt such content accessed via hyperlinks as its own and expressly distances itself therefrom.

5. INTELLECTUAL PROPERTY; RIGHTS OF USE; RIGHTS OF GATE 53|10

5.1 The content published or distributed using the "Fytch" service may be subject to copyright and other rights, including industrial property rights, held by Gate 53|10 or third parties. This applies in particular in respect of advertising, product images and trademarks, but also to comments and ratings, insofar as they are, in the individual case, protected by copyright, for instance.

5.2 The comments, ratings, information and other content published or otherwise distributed using the "Fytch" service must only be accessed and utilised for the user's own, and non-commercial, purposes. Duplication and distribution of such content without the prior consent of the holder of the respective rights is prohibited by law.

5.3 Gate 53|10's programming code is protected by copyright and therefore must not be copied or used in any other way, except where this is essential in order to use the "Fytch" service.

5.4 The data available in the context of the "Fytch" service, in its entirety, constitutes a database (Datenbank) within the meaning of Section 87a of the German Copyright Act (Urhebergesetz). The database must not be duplicated, distributed or publicly disseminated as a whole or in material parts (either in terms of the type or scope of the material duplicated, distributed or disseminated) without the express consent of Gate 53|10 as creator of the database. The repeated and systematic duplication, distribution or public dissemination of immaterial parts (either in terms of the type or scope of the material duplicated, distributed or disseminated) of the database shall be deemed equivalent to the duplication, distribution or public dissemination of any material part (either in terms of the type or scope of the material duplicated, distributed or disseminated), insofar as such activities conflict with normal data mining. This applies in particular in respect of the automatic culling of data for the purpose of displaying it on another website or in another form.

5.5 Insofar as the user submits a contribution (e.g. commentary, rating, image, etc.) via the "Fytch" service that is protected by copyright or any other rights, in so doing the user grants Gate 53|10 the transferrable right (free of charge) to present such contribution via the "Fytch" service or any other offerings of Gate 53|10, to make it publicly available, distribute it, duplicate it, make it available for third-party download, process and archive it and include it in databases, in each case an unlimited number of times and with no restriction in terms of time or space, provided that the author's personal right (Urheberpersönlichkeitsrecht) and the general personal right of the user (Allgemeines Persönlichkeitsrecht des Nutzers) are not infringed. Gate 53|10 is, in particular, entitled to grant or transfer to third parties the above rights to the contributions provided by the user with or without charge, provided this occurs in direct or indirect connection with the "Fytch" service or another offering of Gate 53|10 or an affiliated third party. Gate 53|10 shall retain these rights on a permanent basis, even after the user agreement for the "Fytch" service has been terminated or ends for other reasons. In submitting the contribution, the user represents that he/she is entitled to dispose of the rights granted above and has not disposed of them in any other way to date.

5.6 Without prejudice to the provisions of clause 6, Gate 53|10 is entitled, at its own discretion, to delete the comments, ratings, information and other content published or distributed by the user via the "Fytch" service or any part of such comments, ratings, information or other content, or to rearrange them or place them in a different order. The user shall not be entitled to demand such deletion, in particular in respect of contributions made by third parties. Gate 53|10 will generally notify the user affected by such deletion in writing, although the user shall not be entitled to expect such notification.

6. OBLIGATIONS OF THE USER

6.1 Users must ensure that any comments, ratings, information or other content made available to other users of the "Fytch" service do not breach statutory bans or infringe third-party rights (in particular rights to use particular names or identifiers, copyright, data protection rights, etc.) and are not contra bones mores. Users are, in particular, not permitted to directly or indirectly distribute content that glorifies violence, is pornographic, obscene, insulting, libellous, objectionable, unsuitable for minors, racist, constitutes harassment or incitement to ethnic or racial hatred or is otherwise offensive or inacceptable, nor to incite to criminal activity or provide instructions for such action. Neither are users permitted to offend the political and religious opinions of others. Moreover, users are obliged to observe the generally acknowledged forms of interaction and rules of conduct on the internet (i.e. netiquette, chatiquette). Furthermore, users are not permitted to publish or distribute any content via the "Fytch" service which (i) contains viruses, bypass mechanisms (Umgehungsvorrichtungen) within the meaning of the German Access Control Services Act (Zugangskontrolldienstegesetz) or other sources of damage, (ii) contains unrequested mass mails (spam) or (iii) solicits participation in chain mails, pyramid schemes or similar actions. Gate 53|10 is not obliged to subject the comments, ratings, information and other content submitted by users via the "Fytch" service to a comprehensive examination in terms of their lawfulness, however it does reserve the right to subject them to random spot checks from time to time in accordance with clause 6.3 or to investigate them for a particular reason. The user alone is responsible for complying with the above principles.

6.2 Users are also not entitled to use the "Fytch" service for commercial purposes (e.g. to perform advertising activities via the service or to include links to pages containing or constituting advertising with the intention of generating profit and the intention to repeat such activity (Wiederholungsabsicht)).

6.3 Gate 53|10 is entitled to immediately remove or amend any comments, ratings, information or other content published by the user via the "Fytch" service, without being required to notify the user, if it identifies a breach of clause 6.1 and clause 6.2 or if the possibility of such breach cannot be ruled out following due examination by Gate 53|10. For users, the decisions made and requirements specified by Gate 53|10 in respect of which comments, ratings, information and other content constitute a breach of clause 6.1 and clause 6.2 are binding in the context of using the "Fytch" service.

6.4 Gate 53|10 is entitled to prohibit any user who has committed a breach of clause 6.1 or clause 6.2 from using the "Fytch" service on a temporary or permanent basis. A user's account may also be blocked without any advance notice. Gate 53|10 will notify the respective user if his/her account has been blocked within a reasonable period of time.

7. SERVICES PROVIDED BY GATE 53|10 AND WARRANTY (GEWÄHRLEISTUNG)

7.1 The "Fytch" service is made available to users with the relevant functions and information accessible from time to time only. These functions and information may be adjusted by Gate 53|10 at any time without advance notice. Gate 53|10 in particular reserves the right to modify the "Fytch" service or to discontinue the service or any part thereof at any time. This does not give rise to any claims of the user against Gate 53|10. Gate 53|10 hereby excludes all warranty relating to the accessibility and functionality of the "Fytch" service and its suitability for a particular purpose.

7.2 Insofar as Gate 53|10 publishes content that was created by third parties, it makes no representation relating to the accuracy, up-to-dateness or lawfulness of such content. Gate 53|10 does not adopt such content as its own. This applies in particular to comments, product or service ratings, product descriptions, third-party advertising and information on the availability of products at a particular provider.

7.3 Upon receiving substantiated notice of unlawful content on the "Fytch" service, Gate 53|10 will investigate and immediately remove any content which proves unlawful.

8. LIABILITY

8.1 Gate 53|10 is liable to the user for damages – irrespective of the legal grounds – only in the following cases:

(a) in case of wilful intent;

(b) in case of gross negligence by the corporate bodies or executive employees (leitende Angestellte);

(c) in case it is culpable in the context of death, injury or illness;

(d) in case of a breach of material contractual duties which are a defining feature of the agreement (Kardinalpflichten), where such breach was the result of slight negligence;

(e) if it fraudulently failed to disclose certain circumstances to the user; and

(f) insofar as Gate 53|10 offered a guarantee or representation to the user.

8.2 Where material contractual duties within the meaning of clause 8.1(d) above are breached as a result of slight negligence, Gate 53|10 is only required to compensate the user for any damage which could typically be foreseen on conclusion of the agreement.

8.3 Any and all further liability of Gate 53|10, including, but not limited to, no-fault liability, is hereby excluded. For the avoidance of doubt, Gate 53|10 is not liable for damage resulting from force majeure.

8.4 This does not affect any potential liability of Gate 53|10 under the German Product Liability Act (Produkthaftungsgesetz).

9. UNLAWFUL ACTS BY THE USER; INDEMNITY

The user indemnifies Gate 53|10 and holds it harmless from all damage and other costs incurred by Gate 53|10 as a result of a breach of these General Terms and Conditions or of statutory provisions by the user while using the "Fytch" service. This applies in particular in the case of unauthorised use of protected content by the user and any resulting damages claims asserted by third parties against Gate 53|10. This indemnity also covers the costs of defending Gate 53|10's rights, including court costs and lawyers' fees, unless the user is not responsible for such unlawful act.

10. DATA PROTECTION

10.1 Gate 53|10 expressly undertakes to comply with the statutory provisions relating to the protection of personal data. In order to use the "Fytch" service, only such data will be collected and processed as is essential for registration pursuant to clause 3, operation, use and further development of the "Fytch" service. This applies in particular to information which the user's internet browser automatically transmits to the Gate 53|10 web server when it attempts to access web content, including the IP address of the computer or other input device submitting such request.

10.2 Except where Gate 53|10 is required by law to disclose information, no personal data will be forwarded to third parties in a non-anonymous or non-pseudonymous form, with the exception of data that is inextricably linked to Gate 53|10's performance of duties. The user hereby expressly declares that he/she agrees to personal data being forwarded to third parties in the scope required in order to perform contractual obligations.

11. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

Gate 53|10 reserves the right to amend these General Terms and Conditions at any time with prospective effect. The amended General Terms and Conditions will take effect once they have been published on the "Fytch" service website and will replace the previously applicable version as of this date, unless a different date is specified.

12. MISCELLANEOUS

12.1 If the user is an entrepreneur (Unternehmer), use of the "Fytch" service, including these General Terms and Conditions, shall be exclusively governed by the laws of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods. If the user is a consumer (Verbraucher), use of the "Fytch" service, including these General Terms and Conditions, shall be governed by the laws of the Federal Republic of Germany, unless other mandatory statutory provisions, in particular consumer protection regulations, take precedence in the individual case.

12.2 These General Terms and Conditions contain all the arrangements agreed between the Parties. No oral ancillary agreements have been made. Any amendment or supplement to these General Terms and Conditions must be made in writing. This also applies with regard to any waiver or change of this written form requirement.

12.3 The place of performance shall be Hamburg.

12.4 In the context of business relations with business persons (Kaufleute), legal entities or funds (Sondervermögen) subject to public law in Germany or users whose general place of jurisdiction is not in Germany, the place of jurisdiction for any legal action relating to the relations between the user and Gate 53|10 shall be Hamburg (agreement on jurisdiction). At the option of Gate 53|10, however, actions against users may be brought before any court which has competence in respect of the user in question. The above provisions shall not affect any exclusive place of jurisdiction which may apply.

12.5 Gate 53|10 is entitled to engage the services of third parties in order to perform its duties.

12.6 Where these General Terms and Conditions require a written declaration, a declaration in electronic form (e.g. e-mail) shall be deemed sufficient, unless these Terms and Conditions contain express provisions to the contrary.

12.7 The contract language shall be English. Gate 53|10 shall provide a non-binding German translation of the General Terms and Conditions on the "Fytch" service website. In case of contradiction or doubt, the English version of the General Terms and Conditions shall prevail.

12.8 Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The Parties shall replace any invalid or unenforceable provision by a provision that comes as close as possible to the desired intent and purpose of the original provision within the legally permissible boundaries. The same shall apply to any gaps in these Terms and Conditions.

We might amend this policy from time to time. If we make any changes in the way we use your personal information we will make that information available by posting a notice on this site.

When you use our services you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.

Service Use Information

Automatic Collection of non-personal Information
We automatically collect and record information on our server logs from your browser, including your IP address, and other information such as type of Internet browser and computer operating system used; domain name of the website from which you linked; number of visits; average time spent; pages viewed. So when you access our Service, we automatically collect information. There is no association made between this information and your identity. We may use this information and share it with our worldwide affiliates to measure the use of our Website and improve its structure and content.

Session Cookies
To keep you logged in after successful authorization, a "session cookie" will get stored on your browser. A cookie is a small data file that contains a unique user ID stored on your computer.

Personal Information

When you register with Fytch, you provide us with certain personal information, such as your name, your email address, your origin, your gender and any other personal or preference information that you provide to us.

We treat and store your personal information trustfully and carefully - for detailed information please refer to the Fytch Terms of Use.