of 10 September 2008 (registered customers)
1.1. These general terms and conditions of use apply to all kinds of use of the internet portal “PONS Online Dictionary” run by PONS (currently available at the following addresses: http://pons.de/ and http://pons.eu; hereinafter referred to as “Website”) and are agreed by the publisher PONS GmbH (hereinafter referred to as “PONS”) and you as the registered user (hereinafter referred to as the “Customer”), provided that no other terms and conditions have been agreed explicitly for individual cases.
1.2. PONS provides free of charge on the Website a platform that allows customers to modify existing contents (in particular dictionary articles), to create or suggest new contents (“customer contributions”), and to discuss with other users online via chat rooms and forums. PONS offers the Customer the use of its Website under the proviso that the Customer has declared its agreement to these general terms and conditions of use.
1.3. PONS reserves the right at all times to modify, amend, or adapt these general terms and conditions of use underlying the provision of the Website. In this event PONS forwards by email to the Customer the corresponding notification inclusive of the new terms and conditions of use. Under Section 10 hereof the Customer has the right to terminate the agreement with PONS within a period of two weeks following receipt of this notification; if no termination ensues the modification, amendment, or adaptation is deemed approved by the Customer. In the notification PONS again refers the Customer to the termination period and the importance of the Customer’s discretion.
1.4. Minors may register for the PONS Online Dictionary only when they enter in the registration form the complete and truthful name and address of their legal guardian who is entitled to conclude the agreement for the minor. In this case the legal guardian must activate the confirmation button on the login form. Notwithstanding this the name of the minor may be used as the user name.
2.1. The Customer must log in before it can use the Website, in particular publish customer contributions. As part of the login procedure the Customer is obliged to enter and confirm the truthful, current, and complete details concerning its person (“registration data”) as entered on the login form and to update these registration data to an extent necessary for maintaining truthfulness, currency, and completeness. Should the details the Customer enters and confirms be incorrect, no longer valid, or incomplete or should PONS have reason to believe that these details have become incorrect, no longer valid, or incomplete PONS is entitled to deny access temporarily to the affected user’s account or to delete this permanently and to exclude the Customer temporarily or permanently from the use of its Website.
2.2. When logging on for the first time the Customer enters a user name of its own choosing. The user name entered thus by the Customer is used e.g. to mark in the version history all changes the Customer has suggested. This user name is visible to all users of the Website and is also retained in the version history when the Customer decides at a later date to delete its account and the associated personal details. The user name chosen should differ considerably from the actual civil name, in particular when the Customer wishes to retain the option of not being associated with its Website activities visible to third parties. Following registration the Customer receives a password for its account.
2.3. The Customer must ensure that its user name and password are not made accessible to third parties and bears sole responsibility for all activities that third parties may perform on the Website after gaining access to the Customer’s account details as a consequence of carelessness in handling the user name and password. Furthermore the Customer is obliged to inform PONS without delay of any abuse of the Customer’s user name or password. The Customer must also ensure that it leaves its account (“Log out” / “Sign off”) after every use.
2.4. The use of the internet (e.g. via an access provider) is associated with costs charged at regular intervals. These costs are not borne by PONS.
2.5. Minors may apply for services requiring a login to the Website when they are aware of the implications involved in agreeing to the processing and usage of their details and understand the significance of such agreement. For the case that legal guardians allow minors to use the Website and to take part in prize winning games, these legal guardians accept their responsibility for all of the minor’s activities and for the consequences when the same minor abuses the services provided on the Website.
2.6. PONS reserves the right to reject registrations from case to case, to deny access permissions to customers violating these general terms and conditions of use, and to exclude individual participants from chat rooms, forums, etc., at any time without stating reasons.
3.1. Customer and forum contributions are protected by copyright. The Customer grants PONS the nonexclusive right without time or geographical restraints to utilise the published customer and forum contributions in any form and to any extent. This includes in particular the right to provide on demand any customer and forum contributions to users at times and places of their choosing – also via mobile terminals – (online right) and to duplicate and propagate them on data media (CDs, DVDs, etc.) (offline right); and the right to utilise these in connection with printed and broadcasted advertisements for the products or services of third parties. This granting of rights also extends to the right to transfer the granted rights of use for customer and forum contributions to third parties (in particular to subsidiary and partner companies of PONS). Moreover PONS and its legal successors are entitled to prosecute third parties in its own name for violating the copyright on customer contributions.
3.2. The interactive features that PONS provides on its Website may subject the structure and contents of published customer contributions to constant change. By registering the Customer permits its published contributions to be edited by the editorial department or by other PONS customers and to be linked to other contents.
3.3. PONS reserves the right to modify, delete, and refuse to publish customer contributions at any time. This does not require justification or a separate notification on the part of PONS. This is the case in particular when the customer contributions do not comply with the objectives of a lexical knowledge base or violate the terms and conditions hereof. This applies specifically to customer contributions that have offensive or commercial contents or violate legal regulations.
4.1. The contents of the Website (in particular the text, images, graphics, and sound, video, and animation files) are the property of PONS and/or third parties and are protected by industrial property rights (e.g. copyrights, trademark rights, etc.) and other rights.
4.2. The Customer is permitted to produce single duplicates of the contents provided on the Website exclusively for private, noncommercial purposes, in particular to download and print out these contents.
4.3. In addition the Customer is entitled to publish articles from the PONS Online Dictionary on its own private homepage when presented for noncommercial purposes. The published contents must be provided with the source details (URL), the date, and a hyperlink to the originating PONS webpage (the hyperlink must be integrated as a clickable link when the duplicating medium supports this function). In principle the number of permitted duplications is limited to ten articles. This use of articles is restricted to two years. On the generation of a new, updated copy of the article (which is particularly desirable after every change to the article’s contents on the originating website) this restrictive period begins anew. Explicitly excluded from this permission however are images and other multimedia elements.
4.4. The rights of use PONS grants the user are limited to the time PONS provides and maintains the Website on the internet. The Customer is not entitled to publish or make accessible to the public any contents, whether singly or in conjunction with other contents. In addition the Customer is not entitled to remove the symbols used for industrial property rights from the contents it retrieves.
4.5. The Customer does not acquire any rights other than the above right of use for the contents the Customer uses. All other rights must be requested in writing from PONS.
5.1. The Customer is obliged to proceed conscientiously, circumspectly, and respectfully when creating customer contributions. The Customer assures that it is the owner of all the requisite rights for the contents of the customer contributions it publishes and assures moreover that the use of its customer contributions in accordance herewith does not violate the rights of third parties.
5.2. When the Customer communicates with third parties via the access PONS grants (e.g. in chat rooms or forums), the Customer is obliged to show consideration for the cultural, religious, and personal needs of third parties and to heed the applicable laws or administrative or court orders.
5.3. The Customer is itself responsible for the published customer contributions, for their contents, and for the other contents of its communication. The Customer must forbear making contributions or remarks that violate applicable legislature (in particular the terms under criminal law, the data protection act, copyright law, trademark law, the privacy rights of third parties, or administrative or court orders) and remarks of an offensive, commercial, or indecent nature.
5.4. Violations to the above obligations for the Customer may lead e.g. to its liability for damages and to the denial of rights to use the Website. The Customer exempts PONS from all and any third party claims that may be filed against PONS on the grounds of a violation of third party rights caused or claimed to be caused by contributions the Customer publishes, by their contents, or by other contents of the Customer’s communication. The Customer is further obliged to compensate for all damage incurred to PONS as a consequence of the contributions the Customer publishes, of their contents, or of other contents of the Customer’s communication, and in particular of the claims from third parties. This compensation also extends to the costs of an adequate legal representation for PONS.
6.1. PONS does not accept any warranty for the permanent and uninterrupted availability of the Website.
6.2. PONS makes every effort to maintain the availability of the Website twenty four hours a day for the Customer, but this does not entitle the Customer to claim any particular availability. As a rule the Website is updated at certain intervals, but this does not grant the Customer any claim to an update. PONS reserves the right to restrict or temporarily suspend availability for technical reasons – e.g. maintenance work.
6.3. PONS reserves the right to modify the contents of the Website without prior notice. The Website is subject to modification especially when it becomes necessary for technical reasons or as a consequence of obligatory legal provisions.
7.1. All PONS contents in the monitored section of the Website, highlighted in green in the application, are subject to meticulous examination by the editorial department. PONS makes every effort to expand and update this offer at all times. However no warranty can be accepted for the completeness, correctness, or the latest updated level. PONS provides all contents without assurances or warranties of any kind, whether explicit or tacit.
7.2. PONS is liable for third party contents only when PONS is aware of illegal contents or links to external webpages with illegal contents and has failed to remove these. PONS does not accept any responsibility for contents or for external links that PONS has not integrated expressly in the monitored section under 7.1.
7.3. PONS is liable without limitation for malicious intent and gross negligence. In the event of ordinary negligence, but not including injury to life, limb, or health, PONS is liable only when material contractual obligations (cardinal obligations) are violated. This liability is then limited to the typical contractual and foreseeable damage.
7.4. In the event of ordinary negligence no liability is accepted for indirect and unforeseeable damage, lost profits, missed savings, financial loss, or third party claims.
7.5. When the liability of PONS is excluded or limited in accordance with the above terms and conditions this also applies to the personal liability of its employees, representatives, and vicarious agents.
7.6. Contents on the subjects of health and nutrition do not replace the advice or treatment of a qualified specialist, e.g. nutritional adviser, therapist, doctor, or other member of the healing professions. PONS rejects any and all liability for damage or injury that may be incurred directly or indirectly as a result of applying the recommendations, practices, exercises, therapies, and treatment measures presented on the Website. Persons suffering from health complaints are advised explicitly not to partake in self-medication on the basis of the Website’s contents without prior consultation with their doctor.
8. PONS is aware of the importance of handling the Customer’s personal details with all the due care. The Customer is referred to the Data Protection Declaration of PONS GmbH for the use of the Website. The user declares that it has read and confirmed the data protection declaration.
9.1. Both parties can terminate this agreement by email with immediate effect.
9.2. After the termination hereof the rights of use granted in accordance with Section 4 continue to apply without restriction or suspension to all of the Customer’s contributions published hitherto.
9.3. After the termination hereof the availability of the Customer’s contributions on the Website continues to be maintained under the specified user name.
10.1. Exclusively the laws of the Federal Republic of Germany apply to all legal relations between PONS and the Customer to the exclusion of the terms and conditions under the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) and comparable international regulations.
10.2. Should one of the terms and conditions herein or a part thereof be or become invalid this does not affect the validity of the other terms and conditions. The invalid terms and conditions are replaced by valid terms and conditions that approximate to the greatest possible extent the terms and conditions of use as a whole and the other contractual agreements in their actual, legal, and financial aspects. The same procedure also applies when the terms and conditions of use should not cover an eventuality.
10.3. Provided that it is not stated otherwise under obligatory legal provisions the place of performance and venue is Stuttgart.
PONS GmbH, Stuttgart, 10 Sept 2008