„LinguaTV“ and/or LinguaTV GmbH designate the contractual partner.
LinguaTV’s range of services, to which the user has subscribed, shall be provided by LinguaTV GmbH (hereinafter referred to as “LinguaTV” or “We”). Additional contact information, company registration data from the Trade Register and personal information of the authorized representative of LinguaTV GmbH Company, are available by clicking the link “Imprint” on our site.
1. Subject of the Agreement and Pricing
1.1 LinguaTV’s websites offer the users two options:
a) free of charge closed contact forum (the membership to said free of charge closed contact forum shall be hereinafter referred to as “Free Membership”), and
b) paid closed communication language learning forum (membership to said paid closed communication forum, shall be hereinafter referred to as “Premium Membership.
1.2 LinguaTV’s websites offer registered users paid access to the learning platform operated by LinguaTV. Only the contents and/or services, for which the user has registered are activated.
1.3 More detailed information on the subscription fees for Premium Membership services is available on the LinguaTV websites. The subscription fees listed on the site shall be compulsory. All prices include VAT. Please review the current price list. Payments for Premium Membership shall be due immediately upon invoicing and shall be made for the entire subscription period. The User can pay either by bank transfer to the designated account number, with one of the accepted credit cards, or through an online form for automatic debiting. Should the User fail to make the payment, the User shall bear all costs that may arise, including bank charges related to any cancelled debit entries or similar charges to an amount equivalent to the total costs payable under such bill. LinguaTV shall deliver the bills to premium members by e-mail.
1.4 The User acknowledges and agrees that technical issues can prevent 100% availability of the LinguaTV websites. LinguaTV shall nevertheless make a concerted effort to ensure uninterrupted functioning of its websites. Any work related to the maintenance, security and capacity requirements and/or events beyond LinguaTV’s control (e.g., disruptions in public communication networks, power failures, etc.), may result in short-term malfunctions or temporary interruptions of provided services.
2. Registration and Subscription Cancellation
2.1 All offers and their descriptions on LinguaTV are subject to change. By completing the registration process, the User agrees to the proposed contract duration for the use of all services on the LinguaTV websites. LinguaTV accepts this digital registration as contractual once LinguaTV activates the User’s services on the LinguaTV websites. This forms the basis for the contractual agreement between the User and LinguaTV.
2.2 The User is obligated to provide accurate and complete information and to inform LinguaTV of any changes to this information as soon as they may occur.
2.3 In order to register, the User shall select a password and a username. The User shall not divulge this password to any third parties. LinguaTV undertakes not to disclose the password to third parties and shall never request the User’s password. Should LinguaTV determine that a User account is being misused, Lingua TV retains the right to either freeze or terminate the account forthwith.
3. Right of withdrawal for consumers
A consumer is any natural person who concludes a legal transaction for purposes that are not attributable to either their commercial or their independent professional occupation. The following right of withdrawal is only applicable to consumers.
Instructions on withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (LinguaTV GmbH, Milastr. 4, 10437 Berlin, Germany, e-mail: firstname.lastname@example.org, Phone: +49 30 428027 50 (Business hours: Monday to Friday from 09.30 a.m. to 1.00 p.m. and from 2.30 p.m. to 4.30 p.m. CET) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
Model withdrawal form
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4. Limited Liability
4.1 Any damage compensation claims, regardless of the legal reason, which are asserted against LinguaTV (including its vicarious agents), that are based upon simple negligence shall be valid only if an essential contractual obligation/cardinal obligation has been violated. In this case, damage compensation claims shall be limited to the amount of typically foreseeable damages. Cardinal obligations are obligations that are absolutely necessary for the proper performance of the contract and that the customer can normally trust and expect to be complied with.
4.2 LinguaTV takes no liability for the information provided being correct, complete or up to date. Likewise, LinguaTV does not guarantee the usability of the data for its Users. LinguaTV takes no responsibility should alleged damages be claimed by the User in reference to the usage of the data on LinguaTV
4.3 LinguaTV takes no liability for lost earnings or other financial losses. The limitations and exclusions of LinguaTV’s liability extend to the personal liability of its employees, representatives and assistants.
4.4 The abovementioned limitation of liability shall not apply to any claims invoking damage to life or health of the user or when the Customer’s claims arise from product liability as stated in §§ 1, 4.
5. Termination of the Contract, Repayment of Pre-Paid Fees
5.1 The User can terminate the Free Membership Agreement at any time and without giving any reason by written notification. The Agreement can be terminated by using the contact form, which can be accessed on any page of the LinguaTV websites. Upon agreement termination, the User must enter his/her username and e-mail address registered on the LinguaTV websites.
5.2 The User and LinguaTV are both entitled to terminate the Premium Membership Agreement without any reason with a notice of fourteen (14) days to the expiry of the minimum use period booked, or later to the expiry of an extension period. The Agreement termination shall be made by using the contact form, which can be accessed on any page of the LinguaTV websites, or by sending a fax, e-mail or letter to LinguaTV or to the User, accordingly. Upon contract termination, the User shall enter his/her username and email address registered on LinguaTV websites. After termination of Premium Membership Agreement the User can keep the Free Membership until its termination. The provisions of section 5.2 shall not affect the right of extraordinary termination for important reason.
5.4 With legitimate cause, as set forth in Section 5.3, and regardless of the cause of agreement termination in accordance with Section 5.3, LinguaTV shall be also entitled to:
- remove information/content posted by the user
- send a cease-and-desist warning
- deny User’s access to the services provided by LinguaTV websites.
5.5 The user shall have no right to claims for reimbursement of advance payments in the following cases: Agreement termination initiated by LinguaTV with legitimate cause in accordance with Section 5.3 Blockage of User’s access to his/her user account initiated by LinguaTV in accordance with section 5.4; Termination of agreement with LinguaTV by the User. However, the User’s right to claim reimbursement of the advance payments shall be maintained, if the User terminates the Agreement upon legitimate cause in reference to the contractual responsibilities of LinguaTV.
6. General User Obligations
6.1 The User shall be obligated
6.1.1 to provide only true and non-misleading information in the user profile and all communication with other users and shall not use pseudonyms or stage names.
6.1.2 to make sure that he/she has obtained all necessary permits required for posting photographic material on the LinguaTV website. The user is not allowed to present photographs and images representing other people or non-existent people or other creatures (animals, fantasy creatures etc.). The user is not allowed to post photos that contain company logos. Group logos may not contain any company logos unless LinguaTV gave the permission.
6.1.3 while using the information resources and services available on the LinguaTV website, to observe the applicable laws and the rights of third parties. In particular, the User shall be prohibited from using offensive or defamatory material, regardless of whether it refers to other Users, LinguaTV’s employees or other individuals or enterprises, and pornographic material or content violating the law on protection of youth, or promoting, offering or distributing products with pornographic material or content violating the law on protection of youth, or harassing other Users, particularly with spam, (see § 7 of the Unfair Competition Act), or using unauthorized content protected by law (e.g. Copyright Act, Trademark Protection Law, Patent Law, Law on Protection of Industrial Designs and Models, Design Law, Utility Model Law), or promoting, offering or ordering goods or services protected by law and acting against the fair competition practices and inducing others to do so, including such progressive customer acquisition practices as “pyramid schemes”, “snowball systems”, “chain distribution systems”.
6.1.4 to refrain from engaging in any of the following actions violating generally accepted rules of conduct, even if such actions do not constitute a direct violation of law:
- dispatch duplicative e-mails to a large number of users simultaneously,
- dispatch duplicative private messages to several users simultaneously,
- promote multilevel marketing, including advertising and ordering (multilevel marketing and multilevel network marketing),
- communicate using explicit or implicit, or suggestive sexual language.
6.2 The User shall be prohibited from the following:
- Using any devices, software or scripts when using LinguaTV websites. However, the User may use the interfaces or software provided by a LinguaTV website within the scope of its services.
- Blocking, overwriting, modifying and copying of any content, unless such actions are required for the proper use of LinguaTV services.
- Distributing and public rendering of any information material owned by LinguaTV website and other users.
- Performing any actions, which may affect the functionality of the LinguaTV websites infrastructure, particularly by resource overload.
8. Protection of Trademarks and Other Rights of LinguaTV
The User acknowledges that all rights in LinguaTV services and their identification, including contingent rights arising under the Trademark Protection Law, Patent Law, Copyright Law, Licensing Law, or other rights or comparable legal status with respect to the User, shall belong exclusively to LinguaTV and the User agrees not to exercise such right without prior express written consent from LinguaTV and not to delete references to LinguaTV’s copyright. The User shall be specifically prohibited from using the trademarks owned by LinguaTV, to copy or modify, disassemble, reverse engineer, process the software or otherwise attempt to discover the source code, as well as to sell or reassign the software, or issue sublicenses for such activity or otherwise transfer any right in the software or allege to be entitled to such property rights. In other words, all the aforementioned shall not extend to the User’s materials, which he/she provides within the scope of our services, as well as to the similar materials of other users. Thereby, the User agrees to respect the rights of other users in these materials.
9. Responsibility for Content, Data and/or User Information
9.1 LinguaTV takes no liability for content, data and/or information provided by the users of LinguaTV, as well as for content on links to external websites. In particular, LinguaTV is not warranted to vouch for the accuracy of this content, that it fulfils a particular aim or that it can serve a particular aim.
9.2 Should the User recognize a usage of the LinguaTV Websites which is contrary to the legal and contractual parameters (including the usage of pseudonyms or switched identities), he/she can notify LinguaTV using the available contact form to be found on all pages of the LinguaTV websites.
9.3 The User acknowledges that the LinguaTV Websites and their affiliated enterprises maintain the right to save content submitted by Users for an unlimited amount of time LinguaTV has the right to distribute, publish, make publicly available, offer for download and use for online and printed media for LinguaTV and its affiliated enterprises this content free of charge. LinguaTV also reserves the right to publish edited content.
9.4 The User assures that he/she has all the rights to use submitted content and excuses LinguaTV and its affiliated enterprises from any claims by third parties made on the basis of User submitted content.
9.5 LinguaTV retains the right to delete any content posted by its users at any given moment. Claims for damages by the Users regarding deleted content are expressly forbidden. The User is responsible for saving his/her own data.
LinguaTV is well aware that it is important to its Users that all personal data provided to LinguaTV be handled sensitively. LinguaTV observes all relative legal data protection requirements (as outlined by German legal standard, European data protection guidelines and all other applicable data protection laws). LinguaTV will not pass on or draw attention to the personal data of its Users to third parties without the authority of its Users. The particulars regarding the handling of User data are set out in the data privacy clause of LinguaTV.
11. Customer Support
Customers can send any questions or comments about their contracts with LinguaTV or the services provided by LinguaTV on the LinguaTV websites at any time by using the contact form available on every page of the websites, or per fax or post.
12. Final Provisions
12.1 Any additional verbal agreements shall be void. Any amendment to the Agreement terms shall be made in written form. It also applies to the cancellation or amendment of this provision requiring the amendments to be in written form.
12.2 LinguaTV retains the right to alter the Terms and Conditions (T&C) at any time without providing a reason unless the alterations are unreasonable for the Users. LinguaTV will inform the Users of changes to the T&C with sufficient notice. Should the User not express disagreement with the new T&C within two (2) weeks after the notification this will be considered as an acceptance of the altered T&C by the User. LinguaTV will notify the User of his/her rights of objection and the deadline in the notification.
12.3 So long as there are no other provisions, the User can submit any comments to LinguaTV per e-mail using the contact forms available on all of the LinguaTV websites or per fax or post. LinguaTV can provide comments or clarifications to the Users per e-mail, fax or post at the addresses provided by the User as the current contact information in the User account.
12.4. In the event that any provision of this Agreement becomes void or shall be found unenforceable, the remaining provisions of this Agreement shall remain in force. In the event that a provision is found unenforceable, the contracting parties agree to replace such provision with a substitute provision that most closely reflects its economic meaning, if possible, and that is enforceable under law. The same shall apply to Contract deficiencies (absence of required provisions).
12.5 To the extent permitted by law, the place of Agreement performance shall be the site of LinguaTV GmbH.
12.6 To the extent permitted by law, the exclusive place of jurisdiction shall be the site of LinguaTV GmbH.
12.7 The relationship between parties shall be governed by German law, except for the UNO Convention on Contracts for the International Sale of Goods.
Version as of June 13th 2014