Terms of Usage


§ 1 General

Johannes Fieres (hereafter referred to as the developer) gives no guarantee
that that the software programs provided, in particular: TMileage Pro, 
Biorhythm Calculator, Words o'Wisdom, Burning Bubbles Lab, 
Mobile Aquarium, TMines, and TBlocks, (hereafter referred
to as the product) are suitable for certain purposes.  The product is
intended for the user's own private usage. Any kind of public
distribution, commercial usage of any type or the carrying out of any
alterations, making copies, publishing or licensing is forbidden. 

§ 2 Copyright

The user recognises that solely the developer is entitled to all rights, the
title and usage of the product or of parts of it, unless they have been
otherwise conceded to the user by these conditions of usage or a special
written agreement.

§ 3 Liability

The user is liable for the full risk connecting with the usage of the
product. The developer is not liable for damages caused by the usage or
impossibility of the usage of the product, unless such damages are proven to
be the result of the developer's intent or gross negligence. This is valid for
all types of damage, especially damage which may be caused by errors, delays
or interruptions in transmission, for faults in technical systems and in the
service, incorrect content, data loss or deletion, viruses or in any other way
when using the product.

The developer accepts no responsibility for programs with browser functions
(this refers to PocketWeb and News T'Go) for the content, correctness and
functionality of third-party Internet pages which are called up using the
product. Loading pages is carried out at the user's own risk.


§ 4 Note

It is to be explicitly noted that the user will incur charges with his or her
mobile telephony provider when using programmes which make a connection to the
Internet.

§ 5 Usage limitations

It is forbidden to use the product in any way which can lead to the service
being overloaded, impaired or even rendered unusable or which can impair the
usage of other users (this is valid for PocketWeb, News T'Go, TMileage and
TBlocks). The developer reserves the right to prevent such product usage. The
developer will decide if usage exceeds normal levels according to his own
judgement.

§ 6 Data protection 

The user agrees to the entering, saving, processing, and usage of personal
data gathered during the downloading and installing of the product.

Additionally, certain data accumulated during usage of the product are saved
and evaluated (this applies to PocketWeb). This happens solely for the purpose
of assuring smooth operation of the service, for example for monitoring the
server load.

In any case, the developer pledges to observe the legal regulations concerning
data protection. In particular, no data will be passed on to third parties.

§ 7 Concluding agreements

The law of the Federal Republic of Germany is valid. Heidelberg is the sole
Court of Jurisdiction. Any alterations to these Terms of Usage, including the
written form clause, must be submitted in written form. The invalidity of
individual clauses does not affect the validity of the other clauses of these
Terms of Usage.