Conditions of Use for Digital Products, Online Services and Apps
Stöckachstraße 11, 70190 Stuttgart,
A. General Information
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 with the brands PONS, Langenscheidt and Klett (hereinafter also referred to as “PONS” / , “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.
If there are contradictions between regulations in these conditions of use and the T&C, the regulations of these conditions of use prevail.
3. Changes of Conditions of Use
3.2 In this case PONS will send the customer the changed conditions of use by post or by e-mail or by updating in the services. 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.
3.3 Objections to the changes of the conditions of use must be directed to:
• by letter: PONS GmbH, Stöckachstraße 11, D-70190 Stuttgart oder
• by E-Mail: firstname.lastname@example.org
4. Right of Revocation
Please note the exclusion of revocation after removal of the seal of a data carrier and the premature expiry of the right of revocation for non-physical digital products and online services).
B. General Conditions of Use for digital Services
1. Object of the contract
PONS provides the user with its services for use in accordance with this contract
2. Circle of users
2.1 The website and the free services offered by PONS are available to everyone. Use of the online shop is only available to users who have reached the age of 18; there is one exception for users who have reached the age of 14 and who use the online shop with the consent of their parents.
2.2 If users have the opportunity to register for certain services on the website, they must register once by entering the data requested via an input mask (e.g. user name, e-mail address). As part of the registration process, the user is obliged to fill in the registration form completely and correctly - if marked as a mandatory field. In the event of changes, the data must be updated. The user is liable for damages caused by culpably incomplete or incorrect information.
2.3 The contract with regard to a free service that is subject to registration (e.g. user account) is concluded when the user sends the registration form and, if applicable, when PONS confirms the registration or notifies PONS that the user account has been activated, if applicable, by providing the access data.
2.4 The access data of the user account must be treated personally and confidentially, stored carefully and protected against loss or access by third parties. The user is not entitled to provide other persons with access data for the use of the website. Each user bears full responsibility for activities under his access data. PONS shall only be liable for damages arising from unauthorised access in the event of intent and gross negligence. The user must inform PONS immediately of any indications of misuse of his access data. PONS reserves the right to block access to the website in the event of misuse.
3. Contents of the websites
3.1 The contents of the websites are protected by copyright. In the absence of written consent from PONS, every user has the right to use the contents offered for his personal, non-commercial purposes, in particular to print them out for himself or to save them as files. In addition, users are not permitted to exploit content in any form, in particular to reproduce, distribute, make publicly accessible, reproduce or edit it, without the separate written consent of PONS. In particular, the user may not transfer and/or store contents of the websites in other networks (e.g. school, university, company, authority intranets, exchange exchanges, etc.), unless PONS has given its written consent.
3.2 PONS makes every effort to ensure that the content of the website is up to date and free of errors. Nonetheless, PONS cannot guarantee or guarantee that the content is up to date or free of errors. PONS is not liable for any loss or damage that may be incurred by a user as a result of relying on the contents of the website.
3.3 PONS reserves the right to change the content and structure of the websites and the services offered via them at any time. This also includes discontinuing certain offers and services. In principle, the previous use does not give rise to any claims for the user.
3.4 The websites contain links to third-party websites ("external links"), the content and design of which are beyond the control of PONS. The respective operator of the linked website is solely responsible for the content and correctness of the information provided there. At the time of linking, PONS was not aware of any legal infringements. PONS has no influence whatsoever on the current and future content of the linked websites. The mere setting of external links does not mean that PONS adopts as its own the contents of third parties accessible via the links. PONS does not control and check the external links without concrete evidence of possible violations of the law.
4. Rights and Obligations of the customer
4.1 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.
4.2. 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.
4.3 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.
4.4 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.
4.5 The user guarantees to be the owner of all the required rights to the content in their published user contributions; and that the use of their user contributions breaches no third-party rights.
4.6 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.
4.7 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.
5. Copyright; Granting of Use Rights
5.1 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.
5.2 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.
5.3 The customer is not entitled to remove markings of industrial property rights (such as copyright notices, serial numbers, watermarks and other product information) in the retrieved content.
5.4 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.
5.5 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.
5.6 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.
5.7 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.
6.1 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.
6.2 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.
C. Specific Conditions of Use for the “PONS ONLINE DICTIONARY”
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.
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
PONS Schülerwörterbuch Englisch
PONS Schülerwörterbuch Französisch
PONS Schülerwörterbuch Spanisch
PONS Schülerwörterbuch Latein
PONS Wörterbuch Deutsch
PONS App zum Buch Englisch
PONS App zum Buch Französisch
PONS App zum Buch Spanisch
PONS App zum Buch Italienisch
PONS Bildwörterbuch Englisch
PONS Bildwörterbuch Französisch
PONS Bildwörterbuch Italienisch
PONS Bildwörterbuch Spanisch
PONS Bildwörterbuch Deutsch als Fremdsprache
PONS Bildwörterbuch Türkisch
PONS Bildwörterbuch Russisch
1.2 When they purchase the corresponding printed work PONS provides its customers with the right to use the app described in the printed work free of charge. For this purpose customers receive a code with which they can register on a one-off basis for installation of the app either on an iOS or on an Android device, and free use of the app. The prerequisite for this is that customers have previously downloaded the app to their digital device from the respective distribution platform.
PONS assumes no liability for the choice of the distribution platform or for the constant and uninterrupted availability of the distribution platforms.
2. Granting of rights of use
2.1 On purchase of the access code for the use of the app customers receive a non-exclusive, non-time-limited, non-transferable and non-sub-licensable right to use the software to the extent granted in these terms and conditions.
2.2 The contractual use includes the installation as well as the loading, displaying and running of the installed software. Customers are only entitled to copy, edit or decompile the software if this is legally permissible and only if the necessary information is not made accessible at the customer's request by the software manufacturer or by PONS.
2.3 Customers do not have the right to transfer the software made available to them to third parties. In particular, they are not permitted to sell, lend, rent or otherwise sub-license the software or to publicly reproduce or make available the software. If a customer violates any of the above provisions, all rights of use granted within the scope of this contract will immediately become invalid and automatically revert to PONS. In this case, the customer must immediately and completely cease the use of the software and delete all copies of the software installed on his or her systems.
2.4 Customers are obliged to take appropriate measures to protect the software against access by unauthorised third parties.
2.5 PONS warrants that the use of the software or app in accordance with the contract does not conflict with any rights of third parties.
2.6 The rights of use granted by PONS to the user are limited in time to the period in which PONS offers and maintains the apps on the Internet distribution platforms. Customers do not have the right to publicly reproduce any content of the apps or make it publicly accessible, either individually or in connection with other content.
In this part E. (OWB General Terms and Conditions), in addition to Part B., specify the provisions under which a user may use a dictionary or a dictionary package in the Langenscheidt Online Dictionary ("OWB") for use by one or more users.
1.1 Possibilities of using the Langenscheidt Online Dictionary for a fee
There are various ways of using the OWB for a fee as part of a temporary subscription (hereinafter referred to collectively as "paid subscriptions"):
1.1.1 Conclusion of a Named User Subscription:
The Named User subscription, which can be concluded online via this website, consists of the following components: the subscribed dictionary or dictionary package and the maximum number of additional users that can be registered for the subscription (Named Users).
In the Named User subscription, each user is known to the OWB and must register via the website (Section 2 of these OWB General Terms and Conditions (Part D.) applies).
Redeeming an access code: Buyers of a printed product of the Langenscheidt brand, e.g. a printed Langenscheidt dictionary, receive an access code to the OWB with the printed product. After successful registration (for this, Section 2 of these OWB General Terms and Conditions applies (Part B.) and entry of the access code in the designated field on the website, the buyer then receives access to the dictionary available in the OWB for the purchased print product. As a Named User subscription, this access is personally limited to the Purchaser and for a maximum period of 2 years from registration and entry of the access code on the website and is not automatically extended; ordinary termination pursuant to Section 8.2 of the OWB General Terms and Conditions (Part C) is excluded in this respect.
1.1.2 Conclusion of an IP Range Subscription:
Within the framework of the IP Range Subscription, which cannot be concluded via the Website, the Subscriber (e.g. a company) shall inform PONS of the IP Range for which he wishes to activate the subscription. Access is granted to all users who call the OWB from a workstation within this IP range.
The right of use is granted for the number of users specified in the respective offer. An increase in the number of users is possible after prior written consent by PONS against a corresponding increase in subscription fees. A reduction of the number of users is possible for the first time after the end of the agreed subscription period.
1.2 Free access for testing
In addition to the chargeable usage options listed in Section 1.1 of these OWB General Terms and Conditions (Part D.), free, temporary test accesses to the OWB are issued as part of marketing measures. After successful registration for a test access, the OWB may be used free of charge for the period specified in each individual case.
1.3 Contractual partner
The user contract concluded in accordance with section 2 of these OWB GTC for one of the paid subscriptions listed under sections 1.1.1 to 1.1.2 of these OWB GTC (the "subscription contract") is binding for PONS GmbH ("PONS") and the user (the "user" or "subscriber"). In the event that the user registers as an employee in the name or on behalf of his company or another legal entity, he declares with his registration/registration that he is entitled to enter into this contractual relationship for his company or for another legal entity in its name. In this case, the company or legal entity of the contractual partners of PONS.
1.4 Prerequisite for the use of the OWB
1.4.1 The subscriber of a paid subscription confirms to be at least 18 years old and legally competent. In order to use a test account, the user must be at least 14 years old and act with the consent of his legal representatives.
2. Registration for the OWB and conclusion of the contract
2.1 Registration via the Website
2.1.1 A user who wishes to take out a paid named user subscription for the use of the OWB, or who wishes to redeem an access code or receive test access, must register with the OWB on the website once with his user data and a password of his choice.
2.1.2 If a Named User Subscription with costs is concluded, the User may invite other Users to use the OWB via the OWB administration interface (hereinafter referred to as "Additional Users"), unless the User has concluded this Named User Subscription by redeeming an access code. The maximum number of Additional Users results from the respective scope of services of the selected subscription.
Invited Additional Users register with OWB using their e-mail address and a password of their choice. Alternatively, the user can create additional users directly via the OWB administration interface. In this case, the user assigns the passwords for the other users, who can later change them independently via the OWB administration interface.
Please note: the registration of an IP range or member login account does not take place via the website and is regulated separately and individually.
2.2 Conclusion of contract via the website
The subscription contract with PONS via the website is concluded after clicking the button "order now for a fee" (= offer) and acceptance by PONS. The acceptance takes place with the immediate electronic confirmation of the customer's order.
3. Right of revocation
Consumers shall have a statutory right of revocation for a period of two weeks with regard to the conclusion of the contract on the paid use of the OWB. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity (§ 13 BGB).
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must
70190 Stuttgart, Germany
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the sample revocation form provided for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
FOLLOWING THE REVOCATION
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this agreement in relation to the total Services provided for in the Agreement.
PONS will inform you about the sample revocation form in accordance with the statutory provisions as follows:
Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back:
70190 Stuttgart, Germany
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods: ____________(*) / the provision of the following service:_____________ (*)
Ordered on _________________(*) /received on:______________(*):
Name(s) of consumer(s) ______________________________________
Address of the consumer(s) ______________________________________
Signature of the consumer(s) ____________________________________ (only for paper notification)
(*) Delete as appropriate.
- End of the legal revocation instruction -
4. Scope of services of the OWB
4.1 The user may use the search function of the OWB. The dictionary or dictionaries that have been activated by the corresponding paid subscription or test access shall be used for this purpose.
4.2 The user may use the OWB up to a maximum of 300 sessions per dictionary per month, unless otherwise contractually agreed. A session describes a period of 5 minutes. Any number of search queries may be sent during a session. Unused sessions of a month cannot be transferred or refunded to the following month.
4.3 The use is limited to a maximum of 3 parallel http sessions per user, unless otherwise regulated within the scope of an IP range subscription or a member login subscription.
5. Subscription fees and payment
5.1 The fees for the OWB subscription are due at the beginning of the respective subscription period. Details of the subscription fees and payment methods can be found in the respective offer.
5.2 PONS may interrupt the services or terminate their use if the fees have not been paid within 30 days of the due date.
5.3 PONS may change the parameters that determine the price for the agreed use of the OWB for the future (price per dictionary or dictionary package, number of sessions, number of users in the package). PONS must inform the Subscriber of this at the latest 45 days prior to the next renewal of the contract in the case of a monthly subscription and at the latest 6 months prior to the next renewal of the contract in the case of an annual subscription. The above does not apply to a Named User subscription which the user has concluded by redeeming an access code.
The use of the OWB does not imply the granting or transfer of copyrights, ancillary copyrights or any other rights. All rights remain fully with the copyright holder and are protected accordingly. Therefore the use of the contents or data contained in the OWB of PONS as well as the implementation of such contents or data on websites of third parties is not permitted. Misuse will be prosecuted under criminal and civil law.
7. Accessibility of the service; liability
PONS aims at an average OWB availability of 98% per calendar year. Accessibility is calculated according to the following formula: Accessibility = (total time - total downtime) / total time * 100%. The following times are not taken into account when calculating the total downtime:
(i) Times of unavailability which are due to disturbances of the Internet which cannot be influenced by PONS or other circumstances for which PONS is not responsible, in particular force majeure (e.g. strike, lockout, natural disasters, fire, terrorism);
(ii) Times of unavailability due to scheduled maintenance work on the OWB, which are carried out from time to time between 6.00 a.m. and 8.00 a.m;
(iii) Times due to mandatory unscheduled work necessary to eliminate technical faults (the client will be informed of this as far as possible by a reference on the OWB website);
(iv) periods of unavailability due to the fact that the necessary technical prerequisites to be created by the client for access to the OWB are temporarily not met, e.g. due to a malfunction of the client's hardware.
If accessibility is not achieved during a billing period, the subscription fees for this billing period may be reduced proportionately.
8. Term and termination of the subscription contract
8.1 The contract duration depends on the respective contract type (e.g. Named User subscription, test access). The duration of a contract concluded via this website will be indicated prior to conclusion of the contract.
8.2 The ordinary cancellation of a subscription is possible for the subscriber and for PONS, namely
(i) for monthly subscriptions in written form at any time after expiry of the first month after conclusion of the contract. The cancellation will then take effect on the last day of the following month. If the subscription is not cancelled, it is automatically extended by a further month.
(ii) in the case of annual subscriptions, in writing no later than three months before the expiry of the 12-month term, starting from the order date. The cancellation will then take effect on the last day of the 12-month period. If the subscription is not cancelled in due time, it will automatically be extended by a further 12 months.
8.3 Both PONS and the subscriber may terminate the contract at any time for good cause. Important grounds for termination include, but are not limited to, (i) the other party's material breach of the terms of the Agreement and failure to remedy the breach within 30 days of receipt of written notice, or (ii) the other party's cessation of business or filing for bankruptcy.
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.
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.
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.
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.