 | General Terms and Conditions of use of the Internet portal Translate.net. | |
§ 1 General
(1) Tim Seeger is acting under the business name smyl media, Bergstr. 17, 64342 Seeheim-Jugenheim, Germany (hereinafter referred to as "smyl media") and operates the interactive language network Translate.net, through which foreign languages can be learned and improved.
(2) The use of Translate.net is determined solely by the present general terms and conditions of use, unless there is a different contractual regulation in an individual case. We contradict expressly to any different general terms and conditions of the users.
(3) smyl media is entitled to change the contents of these general terms of use. smyl media will inform each user by e-mail in time, before the change comes into force. If the service is continued to be used by the user after that, the general terms and conditions are considered accepted in its new version. If the user discounts the acceptance of the changes, this will lead to the termination of the contractual relationship concerning the interactive language network Translate.net, without that a further notice is required by Translate.net; other benefits and contractual relationships between the parties remain unaffected. The effect of the change comes into force within a period of 14 days after the sending of the e-mail, to the beginning of a calendar month. If the user can prove that he didn't receive the e-mail, the period will start with the knowledge of the changes.
§ 2 Services of smyl media
(1) smyl media provides the technical requirements for the use of a language network, in accordance with the following provisions and there described extent.
(2) smyl media provides the user with a user account (hereinafter "account").
(3) The data communication with Translate.net happens through online access via the web browser.
(4) The details of the services and practices at Translate.net are described on the web pages of Translate.net. smyl media is entitled to independently run updates and enhancements at Translate.net, if this is reasonable for the user.
(5) Translate.net is entitled to let third parties provide the services.
§ 3 Free services of smyl media
As far as the offered service by smyl media is free, the user has no claim against smyl media for maintaining the service. smyl media reserves the right to stop the offer at any time without prior notice. Insofar § 11 is not applicable.
§ 4 Prices and terms of payments for fee required services of smyl media
(1) The remuneration for fee required services of smyl media depends on the price list currently in force. For price changes § 1, paragraph 3 applies.
(2) The payment is made only by direct debit in advance.
(3) If in a given case the service is agreed to be on bill, all invoice amounts are to be paid by no later than 14 days after receipt of the bill.
§ 5 Registration as a user, conclusion of contract
(1) The use of all services of smyl media requires a permanent registration. The registration happens by entering the necessary data into a online form provided for that purpose. With the conclusion of the registration the user gives a binding offer for the conclusion of a contract on the use of the services of smyl media. The successful transmission of the data will immediately be confirmed by e-mail. This access confirmation does not represent a binding acceptance yet. The confirmation represents an acceptance only if this is expressly stated by smyl media. A conclusion of contract and thus a contractual commitment on the individual services comes about, unless Translate.net conclusively expresses or accepts the offer, especially by unlocking the user for the services of Translate.net.
(2) Individuals, which are at least 18 years old can become users.
(3) Persons who already are users, may not become users again (no double membership).
(4) smyl media is entitled to reject the registration without giving any reason, even if all prerequisites for inclusion as user are at hand.
§ 6 Cancellation policy for consumers
Right of rescission
You can cancel your contract declaration within two weeks in writing (e.g. letter, fax, e-mail), without giving any reasons. The cancellation period begins earliest with the receipt of this notification in writing. Clarifying, it should be noted that a receipt of this notification in writing is only present with the receipt of the cancellation policy in an embodied form, especially as a piece of writing, fax or e-mail and that the mere call on our web site is not sufficient. For the cancellation deadline to be met, sending the cancellation in time is sufficient.
The cancellation respectively the return has to be addressed to:
smyl media,
Bergstr. 17,
64342 Seeheim-Jugenheim,
fax: 01212-5-895-60-236
e-mail: info@smylmedia.com
Consequences of cancellation
In the case of an effective cancellation, the received benefits and any benefit (e.g. interest) have to be returned by each side. If you cannot refund the received service in whole or in part or only in a worsened condition, you are obliged to pay compensation for the value. Obligations to refund payments must be fulfilled within 30 days after sending your cancellation.
Your right of rescission expires prematurely, if smyl media started with the performance of the service with your express consent before the end of the cancellation period, or if you have induced it yourself.
No right of rescission for entrepreneurs
If the user is a entrepreneur and makes use of the services of smyl media, i.e. in the exercise of his independent or commercial activity, he has no right of rescission.
§ 7 Collateral duties
(1) All users of Translate.net meet code of conduct for the purpose of ensuring the proper procedure, and it's failure can lead to disadvantages, in particular to cancellation and claim for damages. This code of conduct is listed below.
(2) The user
1. has to give complete and truthful information for necessary registrations and other requests required for achieving the purpose of the agreement,
2. has to refrain from registering a second time,
3. has to correct any queried data subject to subsequent change without delay in the appropriate administrative function,
4. has to ensure, that the user name and password will never be made available to third parties,
5. has to prevent any use of the services of Translate.net under their own account by a third party,
6. has to refrain from the use of automatic preset functions for the password,
7. has to inform smyl media immediately under info@smylmedia.com, if an improper use of the password or the account or evidence of an imminent misuse exist.
(3) The user is especially required, not to use the services of Translate.net in any illegal or immoral way and to respect the law and the rights of third parties. This includes the following duties:
1. The user makes sure that the data, which is fed by him into the network / Internet, does not impinge upon the provisions of the law concerning the legal protection of children and young persons, the personal rights and the protection of rights, especially the rights of trademarks and corporations as well as copyrights of third parties. The user omits the input of data with immoral content.
2. Automated queries, in particular the replication of the database are not permitted.
3. The user is obliged to refrain from an excessive strain on the networks by random or improper distribution of data.
4. The user ensures that his scripts, programs and files used on the server of Translate.net do not contain errors, which are capable of disturbing the performance of services by Translate.net (e.g. due to viruses).
5. The user observes the legal requirements of data protection and data security.
(4) In the case of an infringement against obligations according to paragraph 3, smyl media is entitled to suspend and/or delete temporarily or permanently on his choice affected content with immediate effect if necessary, and/or exclude the user temporarily or permanently from the offer and/or cancel the contract without notice. The same applies if smyl media is pointed out by third parties that the user holds or distributes content in breach of the obligations in paragraph 3, provided that the claim of a violation of the law is not obviously incorrect.
(5) The user has to compensate for the damage resulting from a breach of duty, unless he is not responsible. The user exempts smyl media from all disadvantages, which arise to smyl media due to claims of third-parties because of harmful actions by the user.
§ 8 Copyrights
(1) In the event that the user holds or transfers content in connection with the services of smyl media, for which he holds copyrights or usage rights, smyl media is entitled to those acts of reproduction which smyl media must conduct in order to perform the contractual services, for the duration of the performance.
(2) The data contained in the Internet offer of smyl media is subject to copyright protection. Therefore the user is not permitted to copy, edit and/or redistribute this data beyond the extent granted by the owner of the rights in individual cases.
§ 9 Confidentiality and privacy
(1) The data provided by the user will be stored and processed exclusively by smyl media to the purposes arising from this contract, in compliance with the relevant provisions of the law of data protection (see also the privacy statement of translate.net).
(2) For the compliance with the requirements of data protection by the user § 7, paragraph 3, No. 5 applies.
§ 10 Liability
(1) smyl media provides compensation or replacement for futile costs, regardless of the legal basis (for example, due to contractual obligations by way of legal transaction or similar, breach of duty and tort), only to the following extent: a) The liability for malice and warranty is unlimited.
b) In case of gross negligence, smyl media is liable to the extent of the damage typical and foreseeable at the conclusion of the contract.
c) In the case of a negligent breach of a such essential obligation, that achievement of contractual purpose is threatened (cardinal duty), smyl media is liable to the extent of damage typically foreseeable at the conclusion of the contract.
(2) smyl media reserves the objection of comparative negligence. The user has in particular the obligation to safeguard data according to the current state of the art.
(3) As far as the liability of smyl media is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
(4) In the case of injury to life, body and health, and claims arising from the product liability law, the statutory regulations apply.
§ 11 Contract duration and termination for fee required services
(1) Unless there is a different arrangement in an individual contract, the contract will be concluded for the duration of 12 months. The contract extends for a further 12 months, unless it is terminated within 14 working days (excluding Saturdays) before the end of the period of use by one of the parties. The account of the user will be deleted with the termination of the membership at Translate.net.
(2) The right of termination for important reason remains unaffected.
§ 12 Miscellaneous
The law of the Federal Republic of Germany applies under exclusion of the CISG. The place of performance and jurisdiction concerning any disputes arising from or in connection with the contract underlying these general terms and conditions is Seeheim-Jugenheim. This applies to contracts with merchants, legal persons of public law or special public asset.