Términos de uso

5. Changes to the Range of Services Offered on Lingorilla Website, Modifications to the Terms of Use

5.1 Lingorilla reserves the right to change the range of services offered on Lingorilla website at any time or offer different services, but only to the extent reasonable to the user.

5.2 Lingorilla reserves the right to make modifications to these Terms of Use, which take effect from a designated date. In this case, Lingorilla shall give prior notice of modifications to the users, emphasizing the fact that, such modifications will be accepted, if none of the users objects within 4 weeks, or when the User resumes using the respective service. We can also notify you of any modifications to our services or to the Terms of Use by posting links and references in our proposal

6. Agreement Termination, Reimbursement of Advances

6.1 The User can terminate the Free Membership Agreement at any time and for any reason. The Agreement can be terminated by using the contact form, which can be accessed from any page of Lingorilla websites. On Agreement termination, the User must enter his/her username and e-mail address registered on Lingorilla websites.

6.2 The User agrees that Lingorilla is entitled to revoke for any reason in its sole discretion the password and the user account (or its separate parts or particular account information) and to deny access to the site services after Agreement termination, and to remove user content. It particularly applies to cases, when the User does not access Lingorilla services for a long period of time or when Lingorilla suspects the User of breaching the Terms of Use or of non-performance of essential requirement of the Terms of Use.

6.3 The User agrees that, according to the Terms of Use, Lingorilla may suspend User’s access to the website without prior notice, Lingorilla may also block or remove the user acco unt and all information and files of such user and/or permanently block further access to such files or services for this User.

6.4 If a user account has been removed, restoring of such account shall be possible only upon obtaining express written consent from our part. The Usershall have no right to grant access to the website services via his/her user account or using his/her account, to another User, whose account was suspended or removed.

6.5 The User and Lingorilla are both entitled to terminate the Premium Membership Agreement without any reason within (14) fourteen business days after the expiry of the minimum service use period set forth during registration or after the expiry of the agreed extension period. The Agreement termination shall be made by using the contact form, which can be accessed from any page of the Lingorilla websites, or by filling-in an Agreement termination form and sending such application by fax or e-mail to the address of Lingua-TV GmbH Company or to User’s address, accordingly. On Agreement termination the User shall enter his/her username and e-mail address registered on Lingorilla websites. After termination of Premium Membership Agreement the User can continue his/her participation as a free forum-member until the expiry of his/her term of use. The Section 6.5 shall be without prejudice to the rights of both contracting parties to terminate the Agreement for good causes.

6.6 A good cause for Agreement termination by Lingorilla shall be, in particular, an event, which makes it impossible for Lingorilla to continue the Agreement to the end of the termination period, set forth in accordance with established procedure, all things considered and all interests of Lingorilla and the User being taken into account. The Agreement shall be terminated for the following good causes: Failure to comply with the legal regulations Breach of contractual obligations by the User, pursuant to sections 1, 4, 7 and 8 of the Terms of Use; Significant damage to the reputation of the services offered on Lingorilla websites resulting from User’s actions; The User promotes communities or associations, or any of the methods, activities or actions they use, which are subject to control by public security and youth protection authorities; Harm caused by User’s actions to other User(s); The User is a member of a religious sect or organization, whose activity is regarded as ambiguous in Germany.

6.7 In the presence of good causes, set forth in Section 6.6 and regardless of the cause of Agreement termination, in accordance with Section 6.6, Lingorilla shall be also entitled to:

remove the user information content issue a notice deny User’s access to the services provided by Lingorilla websites.

6.8 The user shall have no right to claim for reimbursement of advance payments made in the following cases:

Agreement termination at the initiative of Lingorilla in the presence of good cause, in accordance with Section 6.6; Blockage of User’s access to his/her user account at the initiative of Lingorilla, according to section 6.7; Termination of Agreement with Lingorilla by the User; However, the User’s right to claim reimbursement of the advances made shall be maintained, if the User terminates the Agreement by invoking a good cause relating to the area of responsibility of Lingorilla.

6.9 The obligations provided in Sections 4.3, 4.4, 5, 7, 8, 11, 12, 13, 14 and 15 shall remain valid even after removing the user account, to the extent they apply to User’s actions before the removal of his/her account.

7. Use of Information and Limitation of Liability

7.1 The responsibility for any information, data, text, software, melodies, sounds, photographs, graphics, videos, public messages and other material (tricky one, if it's the concept of data it's material, it's educational material, but it's teaching materials) (hereinafter referred to as “the content”), stored, posted or transmitted by the User or other users via Lingorilla websites services, lies with the source of such content. Thus, the responsibility for the material independently developed by a User or received from other sources and stored, posted or distributed by the User within our services, shall lie exclusively and with no limitations whatsoever with such User.

7.2 Lingorilla does not control in principle the content of the material stored, posted and/or transmitted by the User and other Users within our services and in this connection does not warrant the correctness, appropriateness and quality of such content. The User admits the possibility of coming across indecent, obscene or otherwise objectionable content, if the user responsible for such material violates the requirements of the Terms of Use or the applicable laws.

7.3 Within the scope of Lingorilla’s services, the User shall have no right to:

• store, post and/or transmit data, text, images, files, links, software and other materials (see above and be consistent) which, according to the applicable legislation or in Lingorilla’s estimation is unlawful, detrimental, threatening, abusive, harassing, defamatory, vulgar, obscene, racist, objectionable or harmful for minors in any way, primarily for its pornographic content, promoting hatred and violence or otherwise endangering youth;
• store, post and/or transmit any materials infringing the rights of third parties, particularly by violating Patent Law, Trademark Protection Law, Copyright Law and achievement protection rights, trade secrets, private non-property or property rights.
• store, post and/or transmit materials containing viruses or other harmful, disruptive or destructive files, software or information, that may interfere with the normal operation of the software or hardware equipment, or telecommunication facilities;
• store, post and/or transmit any materials with no right to distribute such content;
• impersonate any person, including a Lingorilla representative or official, or falsely misrepresent affiliation with such persons or entity, while using Lingorilla services;
• forge headers or otherwise manipulate identifiers in order to conceal the origin of any information material transmitted within the scope of the site services;
• store, post and/or transmit unsolicited advertising, promotional material, duplicative messages (“spam”) for mass mailing, chain letters, the so-called “letters of happiness”, materials for progressive customer advertising on “snowball system” principle and other advertising materials.
• violate national and international laws, exchange rules and regulations (of such stock exchanges as the New York Stock Exchange, American Stock Exchange, NASDAQ and Frankfurt Stock Exchanges), in connection with the use of the website services;
• harass, insult, threaten, defame, corner, embarrass or otherwise invade a person’s privacy or disseminate misleading information about a person, whether an individual or an enterprise;
• collect, store or transmit personal information about other users without their consent;

7.4 Although Lingorilla does not control and monitor user content, we reserve the right to deny immediately and without any notice the User’s right to post materials offered within the scope of our website services, and to suspend, remove or post such content, within the scope of our services, to a different place of the website, which is particularly applicable to Users, whose content is known as violating the Terms of Use.

8. User Content

8.1 User granted rights

By uploading and posting user content on Lingorilla sites, the User grants Lingorilla a world-wide, royalty-free, non-exclusive license (w ith the right to sublicense) to use, reproduce, distribute, create derivative works, display and demonstrate user content for the purpose of providing services and website resources related to transacting Lingorilla’s business including, without limitation, website advertising and promotion, either in full or in part (as well as derivative work created on its basis), irrespective of the media format or means of distribution; the User grants every website user a world-wide, royalty-free, non-exclusive license to access his/her materials on the website and to use, reproduce, distribute, modify, display and demonstrate this sort of user content to such extent as to enable website operation in accordance with the Terms of Use.

The Licenses granted by the User with respect to user videos, in accordance with the above mentioned terms, shall be terminated at the tome such videos are removed from the website. The Licenses granted by the User with respect to user comments in accordance with the above mentioned terms shall be perpetual and irrevocable and the User’s propertyrights set forth in Section 8.2 shall remain thereby unaffected.

8.2 Lingorilla allows use of its website services by its users, provided that they comply with the requirements of the applicable legislation and the Terms of Use in order to store, post, distribute and share such information content with other users. Otherwise, Lingorilla shall not supervise users’ actions, claim property right with respect to user materials or modify such material.

8.3 In the context of using our services, as provided by the Terms of Use, the User shall authorize us to store his/her content without any alteration and make it available to other users within the scope of offered services.

8.4 The User understands that paid advertising shall be placed as a medium for user content, particularly before, after and around the user materials (mainly videos). Moreover, for more effective use of services on Lingorilla websites and to make information search easier, in particular, the User allows use of provided videos and photographic materials for subsequent creation of small-size images (icons) from them. The User is also aware that technical processing and transmission of our services, including user content, may involve transmission over various networks and/or technical processing in order to meet networking requirements and other equipment requirements.

8.5 The User warrants that he/she is entitled to all rights with respect to the content he/she provides for storing, posting and/or distribution within the scope of our services and that the User complies with the rights of third parties, regulations and these Terms of Use, and particularly the terms provided in Section 7.3. In the event the User has no property rights in some of the provided contents, the User shall warrant that he/she has been assigned such rights or that he/she obtained all required licenses, permissions, owner’s consent, etc. In the event of breach of the foregoing warranties, the User shall hold us harmless against any liabilities to third parties as provided in Section 13, and shall fully indemnify us for any loss we may suffer.

8.6 Lingorilla has the right to store and transmit the content to third parties in accordance with the applicable legislation or in its own discretion, pursuant to the assumed obligations and in view of the legal permissibility, for the purpose to (1) meet statutory requirements, official and court orders, (b) meet the Terms of Use, (c) provide response for third party claims of infringement, or (d) observe and protect the rights and property of Lingorilla’s personnel, Users and community, and ensure their personal safety.

9. Notification of Infringement

9.1 Lingorilla respects the intellectual property rights of third parties and expects its Users to do the same.

9.2 If a User believes that his/her intellectual property has been infringed by being used in the materials of another member, who uses our services to store, post and transmit his/her materials, please notify us immediately of such infringement specifying the following data:

• a description of the copyrighted work, that the User believes to be infringed;
• a description of the location (on the site) of the copyrighted work, that the User believes to be infringed;
• an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• the address, telephone number and e-mail address of the User;
• a statement of the user, that he/she has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement of the user, made under penalty of perjury, representing that the above information is accurate and that the user is the copyright owner or is authorized to act on behalf of such copyright owner.

9.3 Lingorilla’s agent for copyright infringement claims is Ms. Sandra Gasber and she can be reached using the following contact information: Lingua-TV GmbH, z. Hd. Frau Sandra Gasber, Landsberger Allee 24, 10249 Berlin, Deutschland, E-mail: infomail@linguatv.com. Please, inform us of any infringement of the Terms of Use by unlawful use of contents. If you believe that the content of a particular user infringes these Terms of Use or particular regulations, you may report such infringement using our Abuse Report Form. Please, specify in the appropriate sections of the form, the identification data of the copyright infringer and provide the content of the material or its description.

10. Information Property Protection

For the purposes of Information property protection, the User undertakes to observe the terms and conditions of our Privacy policy.

11. Disclaimer of Warranties. Links

11.1 The User of our services acts at his/her own risk. This particularly applies to the downloading of materials and to other use of materials, primarily the materials provided by other Users within our services. The User shall be exclusively liable for any possible damage to his/her computer system or other equipment required to use our services, as well as for any data loss or other sort of damage, as well as for any damage caused to third parties arising from using our services.

1.2 Lingorilla disclaims any warranty both to the User and to other persons, that provided services will meet User’s requirements or that such services will be constantly provided in a continuous, timely, secure and error -free manner. Lingorilla disclaims any warranty as to the results that may be obtained from use of our services or with respect to the accuracy and reliability of information provided within our services. Lingorilla also disclaims any warranty with regard to uninterrupted operation of the hardware or software used within the scope of our services, for possible software/hardware error correction during its work, and shall not be liable for any damage that may result from use, or impossibility to use Lingorilla’s services, including full or partial data loss. Lingorilla shall not be held liable for any costs arising in connection with recovery of lost property, as well as for any costs arising from acquiring goods or services, or receiving information messages, or other similar actions, or in connection with any modification of User’s materials or data, as well as for other costs arising within the scope of Lingorilla services. Lingorilla shall not be held liable for the actions of users or third parties, or for the contents of the users’ materials and statements made within our services use.

11.3 Our services may provide links to other websites or services, including links to materials stored by our Users on our servers. We have no control over such links, do not acquire the materials offered by means of such links or from third party resources, and disclaim any liability therein.

12. Liability. Limitation of Liability

12.1 Regardless of the legal grounds, it is expressly excluded any claim for damage with respect to Lingorilla, except for intent or gross negligence on the part of Lingorilla, its authorized representatives or assistants. In cases of minor negligence, Lingorilla shall only be liable for the cases when Lingorilla, its legal representatives or top-management personnel have violated an essential obligation of this Agreement affecting the achievement of Agreement’s goals.

12.2 The above limitation of liability shall not apply to any claims invoking damage to life, health, quality assurance or delibera te non-disclosure of system’s defects by Lingorilla.

12.3 In cases when Lingorilla is liable for minor negligence as provided in Section 12.1, the amount of such claim shall be limited to the foreseeable damage specific to such contracts.

12.4 The term for submitting the claims for damage with respect to Lingorilla, shall expire within 12 (twelve) months from the moment of their appearance, except the cases these claims are based on the inadmissible or willful acts.

12.5 Any exclusion of liability applicable to Lingorilla shall also extend to the companies affiliated to Lingorilla and shall include personal liability of employees, free-lancers, personnel, authorized representatives, shareholders, assistants rendering services to Lingorilla and its associated companies.

13. Indemnification

The User agrees to indemnify and hold Lingorilla and its affiliates, as well as its employees, free-lancers, personnel, authorized representatives, shareholders, assistants, harmless against any and all claims, damages or demands made by third parties with respect to the content stored, posted and/or transmitted by the User within the use of Lingorilla’s services, or based on the use of services by the User himself, or based on the violation of the Terms of Use or the rights of third parties by the User. This shall also include legal costs and attorney fees.

14. Protection of Trademarks and Other Rights of Lingorilla

The User acknowledges that all rights in Lingorilla 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 Lingorilla and the User agrees not to exercise such right without prior express written consent from Lingorilla and not to delete references to Lingorilla’s copyright.

The User shall be specifically prohibited from using the trademarks owned by Lingorilla, 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.

15. External Service Integration

On its portal Lingorilla shall offer the services of other service providers (hereinafter referred to as “cooperation partners”) as well. This will allow users to save and store their materials and to retrieve the contents in digital format. These services are available under the Terms of Use defined by cooperation partners with respect to specific materials they provide. Thereby, special attention is given to the Terms of Use of “hiClip” Company (video portal provider) and the Privacy Policy of “hiClip” Company (video portal provider). The aforementioned provisions are also part of the present Terms of Use. If any of the aforementioned provisions becomes void, the remaining provisions, specifically in the part of the Terms of Use, shall remain valid, provided they are not contrary to any mandatory rule.

If the User does not agree to these terms, the User shall discontinue, without delay, any connection with such cooperation partner, or deny access to the services provided on Lingorilla websites.

16. Applicable Law, Place of Performance, Place of Jurisdiction

16.1 The relationship between parties shall be governed by the German law, except for the UNO Convention on Contracts for the International Sale of Goods.

16.2 To the extent permitted by law, the place of Agreement performance and exclusive place of jurisdiction shall be the site of Lingua-TV GmbH.

16.3 Any additional verbal agreements shall be v oid. 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.

16.4 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).