Regulamin

Terms and Conditions

Introduction

Welcome to Lingorilla!
Lingorilla.com (hereinafter referred to as "Lingorilla") is a Language Learning Platform that makes language learning easy, efficient and entertaining. Lingorilla is operated by LinguaTV GmbH (hereinafter referred to as "LinguaTV", "we","our" and "us"), based in Berlin, Germany. Lingorilla is available through your internet browser and also on mobile devices.
These Terms and Conditions shall govern the legal relationship between you and LinguaTV. Please read them carefully. By registering and using Lingorilla services, you signify your agreement to these Terms and Conditions.

1. Subject of the Agreement and Pricing
1.1 Lingorilla's websites offer the registered User two options:
a) free of charge Membership (hereinafter referred to as “Free Membership”), and
b) Premium Membership with access to paid content and services (hereinafter referred to as “Premium Membership”).
1.2 The Lingorilla websites offer registered Users payed access to the learning platform operated by LinguaTV. Only the content and services that the User has subscribed to are activated.
1.3 Details of the prices of Lingorilla services and content are regulated by the current Rates and Services Specifications at the time the contract is made.
1.4 Lingorilla’s services operate continuously for 24 hours a day, seven days a week, with an average availability of 99.6% annually. This does not include downtime due to maintenance or software updates or times when the service is not accessible on the internet, due to technical or other problems which are not under our control (third party negligence, force majeure, etc). In order to use Lingorilla’s service in full-screen mode, the customer must use the latest (browser) technology  (e.g. Enable JavaScript, cookies, pop-ups). When using older or not commonly known technologies, it may be that the customer is not able to use all Lingorilla content, services and functions to its full extent.
1.5 The User understands and agrees that the Lingorilla services may include communications such as service announcements and administrative messages from Lingorilla. The User has the right to unsubscribe from any further emails.

2. Registration and Subscription Agreement
2.1 All offers and their descriptions on Lingorilla are non-binding. By completing the registration process, the User provides an offer to enter into a contract for the use of the services on the Lingorilla websites. LinguaTV accepts this offer by activating the services on the Lingorilla websites for the User. With this assumption, the contract between the User and LinguaTV comes about.
2.2 Only a person of full legal capacity can become a contractual party unless the consent of a legally authorized representative is provided. The User is obligated to provide accurate and complete information and to inform us of any changes to this information as soon as they may occur.
2.3 In order to register, the User shall select a password. The User shall not divulge this password to any third parties. We undertake not to disclose the password to third parties and shall never request the User’s password. Should we determine that a User account is being misused, we retain the right to either freeze or terminate the account forthwith.
2.4 Should the use of Lingorilla’s services or content be provided free of charge, we reserve the right to provide only limited features. We also reserve the right to limit, terminate, modify or extend free services at any time.
2.5 The extent of the fee-based services “booked” by the User, will be based on the current Rates and Services Specifications at the time the contract is made.

3. Cancellation
3.1 The customer retains the right to terminate the free membership contract at any time with immediate effect. The termination of free membership takes effect when a written notification is sent (letter, fax or email) to info@lingorilla.com.
3.2 The fee-based membership (Premium Membership) has to be cancelled in writing at the latest 14 days before the end of the contract period, which was selected by the User. The date of the receipt of the notice of cancellation is decisive. If no cancellation is made up to that date, the premium membership is automatically prolonged for the chosen period (e.g. 3, 6, 12 months). A cancellation is then only applicable for the next billing period.
The cancellation only then takes effect when a written notification is sent (letter, fax or email).
A notice of cancellation is to be sent to:

By post:
LinguaTV GmbH
Milastraße 4
10437 Berlin / Germany

Or fax: +49 (0) 30/428 027 52
Or email: info@lingorilla.com

A notice of cancellation should include the following information:
(1.) Email addresses as stored by Lingorilla
(2.) The name specified by the customer during registration

The termination of fee-based membership does not automatically terminate the free membership. This is stipulated under Section 3.1.
3.3 The contract for fee-based membership (Premium Membership) will be automatically extended for the contractually agreed period of time (e.g. 3, 6 or 12 months), providing that the customer does not terminate the contract in compliance with the notice period according to Section 3.2. The right of either party to give notice of cancellation due to legitimate cause, as stated in the provisions of Section 3.2, remains unaffected.
3.4 A legitimate cause for termination of the agreement by us shall be, in particular, an event which makes it impossible for us 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 ours and the User being taken into account. We also reserve the right to terminate the agreement in the following cases:
- Failure by the User to comply with the legal regulations
- Breach of contractual obligations by the User pursuant to Sections 1, 2 and 4 of the Terms and Conditions.
3.5 With legitimate cause, as set forth in Section 3.4, and regardless of the cause of agreement termination in accordance with Section 3.3, we 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 Lingorilla websites.
3.6 The User shall have no right to claims for reimbursement of advance payments in the following cases:
Agreement termination initiated by us with legitimate cause in accordance with Section 3.3
Blockage of User’s access to his/her user account initiated by us in accordance with Section 3.5
Termination of agreement 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 ours.

4. General User Obligations
4.1 The User shall be obligated
4.1.1 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.
4.1.2 to warrant that he/she has obtained all necessary permits required for posting photographic material on the Lingorilla websites. 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 we give permission.
4.1.3 to observe the applicable laws and the rights of third parties while using the information resources and services available on the Lingorilla websites. 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 or promoting, offering or distributing products with pornographic material or content, or
- harassing other Users, particularly with spam, 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”, “multi-level marketing systems”.
4.1.4 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:
- send chain messages
- 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.
4.2 The User shall be prohibited from the following:
- Blocking, overwriting, modifying and copying of any content, unless such actions are required for the proper use of Lingorilla services. Copying by means of "robot/crawler" search engine technologies is not necessary for the proper use of the Lingorilla website services and is therefore prohibited.
- Distributing and public rendering of any information material owned by Lingorilla websites and other Users.
- Performing any actions, which may affect the functionality of Lingorilla’s website infrastructure, particularly, by resource overload.

5. Changes to the Range of Services Offered on Lingorilla Websites

We reserve the right to change the range of services offered on the Lingorilla websites at any time or offer different services, but only to the extent reasonable to the User.

6. Protection of Trademarks and Other Rights of Lingorilla
6.1 The service provided by Lingorilla is protected by copyright law against duplication and misuse. We are the sole legal owner of the reproduction, distribution, handling of all copyright as well as the right of digital transfer and reproduction of the Lingorilla websites and the individual content they contain.
The use of all programs and the contents they contain, materials, trademarks and registered trade names is permitted solely for the purposes specified in these Terms and Conditions.
6.2 The User has the right to use the content provided. We reserve all rights to the content. The User is not allowed to reproduce, modify, distribute, reprint or permanently store information, use for the assembly of a database or share with third parties.

7. Responsibility for Content, Data and/or User Information
7.1 We take no liability for content, data and/or information provided by the Users of Lingorilla websites, as well as for content on links to external websites. In particular, Lingorilla 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.
7.2 Should the User recognize a usage of the Lingorilla websites which is contrary to the legal and contractual parameters (including the usage of pseudonyms or switched identities), he/she can notify us using the available contact form to be found on all pages of the Lingorilla websites.
7.3 The User acknowledges that the Lingorilla websites and their affiliated enterprises maintain the right to save content submitted by Users for an unlimited amount of time. We have the right to distribute, publish, make publicly available, offer for download and use for online and printed media for Lingorilla and its affiliated enterprises this content free of charge. We also reserve the right to publish edited content.
7.4 The User assures that he/she has the right to use submitted content and excuses Lingorilla and its affiliated enterprises from any claims by third parties made on the basis of User submitted content.
7.5 We retain the right to delete any content posted by Lingorilla's Users at any given moment. Claims for damages by the User regarding deleted content are expressly forbidden. The User is responsible for saving his/her own data.

8. Privacy
We are well aware that it is important to our Users that all personal data provided to Lingorilla be handled sensitively. We observe all relative legal data protection requirements (as outlined by German legal standard, European data protection guidelines and all other applicable data protection laws). We 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 Lingorilla.

9. 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

Right of 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: info@lingorilla.com, 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.

10. Limited Liability
10.1 We are only liable for intent or gross negligence of our executive bodies, employees and agents.
10.2 A liability for minor negligence is limited to a violation of life, body or health, and a violation of essential contractual obligations (cardinal obligations). Claims for damages in this case shall be limited to typical foreseeable damages.
10.3 We are the sole providers of IT services, as well as the educational content on the Lingorilla learning platform. We take no liability for the information provided being correct, complete or up to date. Nor do we undertake any responsibility for the learning progress of our Users.
10.4 We take no liability for lost earnings or other financial losses. The limitations and exclusions of our liability extend to the personal liability of its employees, representatives and assistants.
10.5 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.
10.6 We do not guarantee the uninterrupted operation or continuous usability or accessibility of the service. In particular, we are not responsible for disruptions in the quality of access to service due to force majeure or events for which we are not responsible. Furthermore, we are not liable for the unauthorized acquisition by a third party of personal customer data (e.g. unauthorized access by "hackers" in the database).

11. Customer Support
Customers can send any questions or comments about their contracts with us or the services provided by us on the Lingorilla websites at any time by using the contact form available on every website page, or by fax or post. We can provide comments or clarifications to the Users by email, fax or post at the addresses provided by the User as the current contact information in the User account.

12. Final Provisions
12.1 We retain the right to alter the Terms and Conditions at any time without providing a reason unless the alterations are unreasonable for the Users. We will inform the Users of changes to the Terms and Conditions with sufficient notice. Should the User not express disagreement with the new Terms and Conditions within six (6) weeks after the notification this will be considered as an acceptance of the altered Terms and Conditions by the User. We will notify the User of his/her rights of objection and the deadline for the notification.
12.2 We have the right to commission third party service providers and agents with the provision of parts or all of the business activities, provided that the User is not hereby disadvantaged.
12.3 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).
12.4 To the extent permitted by law, the place of Agreement performance shall be the site of LinguaTV GmbH.
12.5 Jurisdiction is the Law of the Federal Republic of Germany, disregarding UN Law of Purchase.

Version as of June 13th 2014

 

Nagrody i wyróżnienia

  • ELTons International Award for Innovation 2011
  • Comenius EduMedia Siegel 2010
  • World Summit Award 2009
 

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