Conditions of Use for Digital Products and Online Services

Last updated: 20/05/2018

 

PONS GmbH,
Stöckachstraße 11, 70190 Stuttgart,
Phone: +49 ()0711 89462111
E-Mail: kundenservice@pons.de

1. General Information

1.1 The following conditions of use for digital products and online services (Conditions of Use) apply—complementing the General Terms and Conditions (T&C)—to the remunerated or non-remunerated use of the digital online or offline products and online services of PONS GmbH (hereinafter also referred to as “provider” / “we” / “us”) by the customer (hereinafter also referred to as “user”). In the following, all digital online or offline products and online services are also referred to as “services”. In particular, our services consist of the following offerings: Learning portals with online exercises and tests, language learning applications, language games and other learning aids, vocabulary trainers, online dictionaries, machine translation of texts, downloads (e.g., exercise sheets), software, mobile apps, audios and videos.

1.2 If there are contradictions between regulations in these conditions of use and the T&C, the regulations of these conditions of use prevail.

1.3 We do not recognise any regulations deviating from these conditions of use unless we have confirmed them in writing.

1.4 By using the respective service, the user declares their consent with the conditions of use expressly and without any further declaration. We ask users who do not accept our conditions of use not to order from us nor access our services.

1.5 We explicitly reserve the right to future changes to these conditions of use.

1.6 If there is a permanent contractual relationship between provider and customer, the provider sends the customer the changed conditions of use by post or by e-mail. The changes to the conditions of use are deemed accepted by the customer if the customer does not object to the changes in writing or by e-mail within one month of receiving the change notification. The customer’s silence in terms of the changed conditions of use is therefore equated to their express consent to the changes. In its change notification, PONS GmbH indicates the significance of the 1-month period. Objections to the changes of the conditions of use must be directed to:

by letter: PONS GmbH, Stöckachstraße 11, D-70190 Stuttgart or

by e-mail: kundenservice@pons.de

If the customer objects as per schedule, the provider is entitled to cancel the contract by the date when the changed or amended conditions of use are to become effective. Otherwise, the contractual relationship continues on the basis of the original conditions of use.

1.7 The provider is entitled to change the offered online or offline products and online services at any time, to add or remove content and to remove the entire offering from the online channel. In general, no claims arise from previous use.

2. Rights and Obligations of the Customer

2.1 The customer is entitled to use the services for their own private use. No commercial usage of any kind is permitted. Offered exercises, tests, language learning applications and other learning aids must not be abused, in particular not for purposes other than exercises or tests.

2.2 If the customer has created an account according to Clause 3 of our T&C, they may retrieve and print the results of the performed exercises, tests and other learning aids.

2.3 The customer undertakes to observe and comply with the applicable law of the Federal Republic of Germany, in particular the Copyright Act.

2.4 The customer is not permitted to disseminate, transmit, assign, sell, rent, change, edit, license or transmit or use the provider’s content by any other means. In particular, the customer is not permitted to transmit the provider’s content in other networks (e.g., school or university intranets, file sharing, etc.). These conditions of use do not grant permission in terms of Sect. 52a Para. 2 S. 1 of the Copyright Act.

2.5 The user undertakes to be diligent, considerate and respectful when creating their user contributions. While communicating with third parties (e.g., in chats and discussion boards) through the access granted by the provider, the user is obligated to show consideration of cultural, religious and personal issues of third parties and of applicable laws or regulatory and/or judicial directives.

2.6 The user is responsible for their own published user contributions, their content and for other content of their communication. The user is to refrain from user contributions or statements breaching applicable law (in particular, provisions of the criminal law, data protection law, copyright law, trademark law or the personality right of third parties or regulatory and/or judicial directives), from abusive or offensive statements and from advertising statements.

2.7 The user guarantees (i) to be the owner of all the required rights to the content in their published user contributions; and (ii) that the use of their user contributions breaches no third-party rights.

2.8 User activities aimed at making the provider’s website or the content and services offered by it dysfunctional or at least impeding its use are forbidden and result in criminal or civil proceedings. In particular, measures impacting the physical or logical structure of one or more provider services or parts thereof are prohibited.

2.9 If the user violates the above obligations, they may be liable for damages. In this case, the provider is entitled to revoke the user’s usage permission for online products and online services. The provider exempts PONS from any potential claims made by third parties against PONS because of a breach of third party rights caused or allegedly caused by the user’s published user contributions, their content or other content of their communication. The user is also obligated to compensate PONS all the damage suffered by PONS from the user’s published user contributions, their content or other content of their communication, in particular a claim by third parties. This also includes the costs associated with adequate legal defence for PONS.

3. Uptime

3.1 In general, our services are available all the time. However the provider assumes no guarantee or liability for this permanent uptime since technical requirements or difficulties outside of the provider’s sphere of influence may result in access or transmission delays or downtimes. Interruptions in the quality of online access and of the data communication online due to higher force or events for which the provider is not responsible and which make their services considerably more difficult or impossible do not constitute a basis for claims for damages due to non-availability.

3.2 The provider points out that it is not possible to develop computer programs in a way that makes them infallible. The provider also assumes no guarantee that the service and the computer programs used for the service meet special customer requirements.

4. Specific Conditions of Use for the “PONS ONLINE DICTIONARY”

4.1 The “PONS Online Dictionary” enables machine translation of texts alongside the translation of individual words. The customer can modify existing content (in particular dictionary articles) or create new content, suggest new entries, discuss online with other customers in chats and discussion boards and share content with other customers. Full use of the online dictionary requires registration as a customer according to Clause 3 of our T&C. The customer also has the option of giving themselves a user name of their choice. This name is used for identifying the customer’s contributions and is visible to all visitors of our website.

4.2 The customer is also entitled to publish articles of “PONS Online Dictionary” on their own private, non-commercially used homepage. The customer must add to the published content a reference (URL) and a date as well as a hyperlink to the PONS source website (the hyperlink must be designed as a clickable link if the duplication medium supports that function). The number of permitted duplications is generally limited to ten articles. The use of these articles is limited to two years. Each creation of a new, updated article copy (which is recommended, in particular after every modification of the article content on the source website) restarts the 2-year period. However, images and other multimedia elements are expressly explicitly from this permission.

5. Copyright; Granting of Use Rights

5.2 Copyrights, property rights and other rights of third parties to which the provider grants access, remain with the rights holder to the fullest extent and are duly protected. Therefore, it is inadmissible to use by any means the content and data (in particular texts, images, graphics, sound, video and animation files) on the provider’s website or to implement such content and data on third party websites. Any abuse results in criminal proceedings.

5.3 User contributions and posts are protected by copyright. The user grants the provider the non-exclusive right in perpetuity worldwide to use published user contributions and posts in any form and to any extent. The granting of rights also includes all the known and unknown types of use, in particular the following rights: the right to make user contributions and posts available on demand at times and locations of their choosing—including via mobile devices—(online right) and to duplicate and disseminate them in physical electronic (on data carriers such as CD-ROMs/DVDs) or non-physical electronic form (e.g., e-book, app) (offline right), to make them publicly available and the right to use them in connection with advertisements and promotions for products or services of the provider or third parties. Furthermore, it includes the right to merge user contributions and posts with works, parts of works or other material of (also) interactively useable electronic works and then to duplicate and disseminate them as physical or non-physical versions and to make them publicly accessible. The granting of rights also includes the right to transfer to third parties (in particular to subsidiaries or affiliates of the provider) the granted usage rights to user contributions and posts. The provider and their successors in interest are also entitled to prosecute third party copyright breaches of user contributions on their own behalf.

5.4 The provider reserves the right to modify, delete or not publish user contributions at any time. The provider is not required to state a reason for this or to issue a separate notification. This is the case in particular if the user contributions fail to meet the objectives of offering lexicographical knowledge or breach provisions of these general conditions of use or of the law.

5.5 The interaction options provided by the provider on their website may cause the published user contributions to constantly change in form and content. With their registration, the user allows the editing of their published user contributions by the editorial staff or by other users and the merging with other content.

5.6 The user is permitted to create, and in particular download or print, exclusively for private non-commercial purposes individual duplications of the content available on the website.

5.7 Beyond the usage rights granted in these conditions of use, the user is not entitled to other rights to the content used. Further rights are to be obtained from the provider in writing.

6. Liability

6.1 The following applies to the liability for provided information offerings: If you suffer loss or damage because you have trusted information obtained from using the respective service, we assume liability only if the damage was caused by intent or gross negligence of the legal representatives or vicarious agents or, in case of minor negligence, if an obligation was breached, the observance of which you are particularly entitled to trust (material contractual obligation). We do not provide a guarantee for the completeness, correctness or current status of content. All the content is provided without any assurance or guarantee, neither express nor implied, of any kind.

6.2 We assume no direct or indirect liability for any loss of data or damage to data caused by the use of or the inability to use a computer program or by opening a website. It is therefore the customer’s responsibility to regularly back up the uploaded and/or saved content.

6.3 Content related to health or diet content does not substitute the advice or treatment by an identified expert such as a nutritionist, therapist, physician or other health professional. The provider excludes any liability for damage or injuries directly or indirectly resulting from the application of recommendations, practices, exercises, therapies or treatment methods displayed on the website. In case of health issues, we expressly discourage self-medication based on the content of the website without any medical consultation.

6.4 We assume liability for external content only if we are aware of any unlawful content and links to external websites with unlawful PONS content and have culpably failed to remove it. We assume no responsibility of any kind for content and external links expressly marked as user contributions. The content provisioned by the user for access and/or transmitted and/or disseminated by them is external content to us and as such does not represent our opinion in any case.


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