Information provided according to Sec. 5 German Telemedia Act (TMG):
Better Than Life UG (haftungsbeschränkt)
79098 Freiburg im Breisgau
Herr Stefan Weidemann
Telephone: +49 (0) 761 557 249 39
Entry in the Handelsregister.
Registering court: Amtsgericht Freiburg im Breisgau
Registration number: HRB 717785
We do not take part in online dispute resolutions at consumer arbitration boards.
Last updated: July 11, 2019
These terms and conditions apply between you and Better Than Life UG (with limited liability), hereinafter also referred to as "us", "we" or "our".
§ 1 - Scope of application
The following Terms and Conditions ("Terms", "Terms and Conditions") apply to the use of the YARPS website, the associated support and all additional services related to YARPS and operated by us ("YARPS Services"). These Terms will apply from the date you either first click on "I Agree" or a similar button or checkbox or use or access the YARPS Services for the first time.
Your access to and use of the YARPS Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the YARPS Services.
By accessing or using the YARPS Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the YARPS Services.
§ 2 - Contact data and legal information
If you have any questions about YARPS or us, you can contact us using the following contact information:
Better Than Life UG (haftungsbeschränkt)
79098 Freiburg im Breisgau
§ 3 - Availability
Your use of the YARPS Services is at your sole risk. The YARPS Services are provided on an "AS IS" and "AS AVAILABLE" basis. We reserve the right to modify, suspend or discontinue the YARPS Services in our sole discretion, at any time and without notice. You agree that we are not and will not be liable to you for any modification, suspension or discontinuance of the YARPS Services.
We point out that:
- it is technically impossible to provide the YARPS Services free of errors of any kind and that we therefore assume no responsibility for any malfunctions and their consequences;
- malfunctions can lead to the temporary shutdown of the YARPS Services,
- the availability of the YARPS Services is dependent on conditions and services beyond our control, such as transmission capacities and other infrastructural conditions between the individual parties.
- despite extensive security measures, we assume no liability for any loss of data stored by you in the YARPS Services.
§ 4 - User Content and Interactive Areas.
a) The YARPS Services may include public comment features and discussion forums as well as other restricted interactive features ("Interactive Areas") in which you may publish or upload user-generated content, comments, videos, photos, messages, other materials or elements ("User Content"). You are responsible for the User Content that you post to the YARPS Services, including its legality, reliability, and appropriateness. Furthermore, you are solely responsible for your use of the Interactive Areas and you take part in them at your own risk.
b) By submitting User Content or participating in an Interactive Area within or in connection with the YARPS Services, you agree not to upload, post, or otherwise transmit User Content that
- violates the rights of others in any way, including statements that could defame, harass, prosecute or threaten others;
- you know that it is false, misleading or inaccurate as a factual report;
- contains blatant expressions of bad manners, racism, racially or ethnically offensive content, hate speech, abuse, vulgarity or abusive language;
- contains or endorse pornography or explicit sexual content, pedophilia, incest, sodomy, or that is otherwise obscene or lewd;
- that violate any law or give instructions to commit dangerous, illegal or predatory acts or that are intended to plan, discuss or commit such acts;
- advocates violent conduct;
- poses a reasonable threat to personal or public safety;
- contains violent images of killing or physical abuse;
- contains unsolicited or unauthorized advertising or promotional materials relating to products or services, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of advertising; or
- uses the name or likeness of an identifiable natural person without that person's consent.
c) You agree not to directly or indirectly communicate the approval of user content by us.
d) You agree not to upload, post or otherwise transmit any User Content, software or other material that contains a virus or other harmful or objectionable component.
e) You agree not to use any services, technologies or automated systems to artificially inflate the page views that your User Content may receive. This includes pay-per-click services, web robots, and all other current and future technologies. You also agree not to instruct any third party to use these services, technologies or automated systems on your behalf.
f) You agree not to use any technology, service or automated system to publish more User Content than a person could upload in a specified period of time. You also agree not to instruct any third party to use these services, technologies or automated systems on your behalf.
g) Any activity that we, in our sole discretion, believe will prevent others from conveniently using the YARPS Services is prohibited.
h) We are not responsible for the accuracy or credibility of any User Content and accept no responsibility or liability for any actions you take as a result of reading or transmitting User Content within the YARPS Services. Your use of Interactive Areas may expose you to material that you consider offensive, objectionable, harmful, inaccurate or misleading. There may also be risks associated with dealing with minors, people acting under false pretenses, international trade issues, and foreign affairs. By using Interactive Areas, you assume all with the associated risks.
i) We have the right, but not the obligation, to monitor the User Content posted or uploaded to the YARPS Services to verify compliance with these Terms and the operating rules we have established and also to comply with any laws, regulations or approved regulatory requirements. Although we are under no obligation to monitor, review, edit or remove any User Content posted or uploaded to the YARPS Services, we reserve this right and may review, edit, reject or remove any User Content posted or uploaded to the YARPS Services without notice. Our decision to monitor and/or modify User Content does not constitute or imply any responsibility or liability on our part in connection with or arising out of your use of Interactive Areas.
j) You agree that we may at any time, and without notice, suspend or terminate any part of the YARPS Services, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any of your User Content stored within the YARPS Services, in our sole discretion, if you fail to comply with the Terms or applicable law.
k) You may not use our Services in a fraudulent or harassing manner, in connection with a criminal offence or illegal activity, or to cause inconvenience. Further, you may not use our services for any fraudulent purpose or in connection with any crime, illegal activity, harassment or inconvenience.
l) By posting User Content to the YARPS Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the YARPS Services, according to your respective settings. You retain any and all of your rights to any Content you submit, post or display on or through the YARPS Services and you are responsible for protecting those rights.
§ 5 - Electronic communication
When you use the YARPS Services or send e-mails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including by e-mail, text message or as part of other Better Than Life UG (with limited liability) services. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we provide to you electronically do not require written form unless required by applicable mandatory law.
§ 6 - Copyright and database rights
a) All content (excluding User Content provided by users), contained in or provided through any of the YARPS Services, such as text, graphics, logos, icons, images, audio clips, digital downloads and data collections, is the property of Better Than Life UG (with limited liability) or third parties providing content to the YARPS Services and is protected by copyright, trademark, and other laws of both the Federal Republic of Germany and foreign countries.
b) You may not systematically extract and/or reuse any part of the YARPS Services without our explicit written consent. In particular, you may not use any data mining, robots or similar data gathering and extraction programs to extract any substantial portion of the YARPS Services for re-use (whether once or multiple times) without our explicit written consent. You may also not create and/or publish your own database that includes portions of the YARPS Services without our explicit written consent.
§ 7 - Patents
All patents pending on Better Than Life UG (with limited liability) are also applicable to all services and other products of us. It may happen that the respective patents are operated under one or more patents.
§ 8 - Your account and general use of the YARPS Services
a) Access to the YARPS services requires the creation of an account.
b) The creation of an account is only permitted to fully legally competent persons over the age of 16.
c) You are obliged not to provide any false personal data. Furthermore, you agree to check your personal details regularly to ensure that they are correct.
c) You are responsible for ensuring the confidentiality of your account credentials. You are also responsible for ensuring that the access to your computer and mobile devices is restricted. To the extent permitted by applicable law, you agree to be responsible for all activities that occur under your account. You should take all necessary steps to ensure that your password is kept secret and secure and you should notify us immediately if you have reason to concern that a third party has obtained knowledge of your password and a third party used your account in an unauthorised manner. You are responsible for ensuring that the information you provide to us is accurate and complete. You are also responsible for notifying us of any changes to the information concerning yourself that you provide.
d) You agree not to disclose your password to any third party.
e) Users may change their password at any time.
f) We reserve the right to deny access to the YARPS Services or close user accounts. This applies in particular in the event that you violate these Terms, any applicable law or contractual agreements.
g) Users of YARPS Services may deactivate their account at any time by sending a message via the contact form.
h) As a user of YARPS you have the possibility to create your own prefixed URL (e.g. xy.yarps.net) for your content. By using YARPS, you acknowledge that you have no rights of any kind to this URL and that we may modify, deactivate, delete or reuse this URL at our sole discretion.
§ 9 - Intellectual property rights
We respect the intellectual property rights of others. It is our policy to respond to any claim that User Content posted on the YARPS Services infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the YARPS Services, you must submit your notice in writing to the attention of "Copyright Infringement" of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any User Content is infringing your copyright.
§ 10 - Disclaimer of Warranty and Limitation of Liability
a) In no event shall Better Than Life UG (with limited liability), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
- your access to or use of or inability to access or use the YARPS Services;
- any conduct or content of any third party on the YARPS Services;
- any content obtained from the YARPS Services; and
- unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
c) Your use of the YARPS Services is at your sole risk. The YARPS Services are provided on an "AS IS" and "AS AVAILABLE" basis. The YARPS Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Better Than Life UG (with limited liability) its subsidiaries, affiliates, and its licensors do especially not warrant that
- the YARPS Services will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the YARPS Services are free of viruses or other harmful components; or
- the results of using the YARPS Services will meet your requirements.
§ 11 - Links to other websites and to YARPS
a) The YARPS Services may contain links to third-party web sites or services that are not owned or controlled by Better Than Life UG (with limited liability).
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Better Than Life UG (with limited liability) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
b) Other web sites may have a link to websites of the YARPS Services. Such a link requires our consent.
§ 12 - Privacy
b) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of the data of third parties cannot be completely guaranteed. Our liability in this respect is excluded.
c) By registering for an account, you consent that other users may see your provided name if they personally invite your email-address to participate in an interactive area.
§ 13 - Changes to the Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our the YARPS Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the YARPS Services.
§ 14 - No waiver concerning violation of these Terms
If you violate these Terms and we take no action against you, we will continue to be entitled to exercise our rights on any other occasion on which you violate these Term.
§ 15 - Final provisions
a) The contract language is English.
b) If any or all of these Terms or a part of them are held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision or the remainder of the Terms.
c) These Terms shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany. All disputes, claims and controversies arising out of or in connection with your access to and/or use of the YARPS Services and/or the provision of content, services and/or technologies on or through the YARPS Services shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Germany.
d) The invalidity of one provision shall not affect the validity of the other provisions of the Agreement. If this should occur, the provision shall be replaced by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.
1. An overview of data protection
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
2. General information and mandatory information
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
Better Than Life UG (haftungsbeschränkt)
Telephone: +49 (0) 761 429 611 39
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Opposition to promotional emails
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
3. Data collection on our website
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
4. Analytics and advertising
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objecting to the collection of data
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the "unsubscribe" link in the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.
This website uses the services of MailChimp to send newsletters. This service is provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.
MailChimp is a service which organizes and analyzes the distribution of newsletters. If you provide data (e.g. your email address) to subscribe to our newsletter, it will be stored on MailChimp servers in the USA.
MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.
We use MailChimp to analyze our newsletter campaigns. When you open an email sent by MailChimp, a file included in the email (called a web beacon) connects to MailChimp's servers in the United States. This allows us to determine if a newsletter message has been opened and which links you click on. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type, and operating system). This information cannot be assigned to a specific recipient. It is used exclusively for the statistical analysis of our newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to your interests.
If you do not want your usage of the newsletter to be analyzed by MailChimp, you will have to unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter we send. You can also unsubscribe from the newsletter directly on the website.
Data processing is based on Art. 6 (1) (a) DSGVO. You may revoke your consent at any time by unsubscribing to the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted from our servers and those of MailChimp. Data we have stored for other purposes (e.g. email addresses for the members area) remains unaffected.
6. Plugins and tools
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.
If you're logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
Google Web Fonts
For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
When you call up a page of our website that contains a social plugin, your browser makes a direct connection with Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
If your browser does not support web fonts, a standard font is used by your computer.