TERMS AND CONDITIONS AGREEMENT
Germantogo.com is an online platform to help you learn German with an interactive video course as well as other great resources. You can also find out more about Germany and the German way of life.
Welcome to germantogo.com. This website is owned and operated by German to go, Juliane Klingenberg Nery. Please review this terms and conditions agreement (this “Agreement”) carefully, as it constitutes a legal agreement between you (“you”, “User” or “Member”) and German to go (“German to go”, “we” or “us”).
By visiting this website and accessing the information, resources, services, products, materials and tools we provide (the “Services”) on this germantogo.com website (the “Site”), you understand and agree to accept and adhere to the following terms and conditions. If you disagree with any part of the terms then you do not have permission to access the Services and/or the Site.
Last updated: September 30th, 2020.
We reserve the right, at our sole discretion, to modify or replace these Terms from time to time without notice. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of this site after any modifications will constitute acknowledgment and agreement of the modified terms and conditions. If you do not agree to the new terms, you are no longer authorized to use the Services/Site.
III. Terms and payments
a) Account and information
Certain activities on the Site require you to have an account. We ask for some personal information when you create an account, including without limitation your full name, contact details, email address and a password, which is used to protect your account from unauthorized access, and credit card/Paypal information. An account allows you to access the Services and parts of the Site that require payment and registration.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that
(ii) the information you supply to us is true, correct, complete and up to date.
You agree that you will not register for a user account on behalf of an individual other then yourself without the consent of that individual.
The Services/Site may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties.
b) Membership term and rates
Membership to this Site is based on a 365 day basis. The current subscription fee is 365 € for 365 days (+VAT where applicable) for the “premium” subscription and 99 € for 365 days (+VAT where applicable) for the “lite” subscription. All denominations are in EUR unless explicitly stated otherwise. You will be billed in advance. German to Go, in its sole discretion and at any time, may modify the subscription fees for the subscriptions.
c) Renewal / Termination
Your Subscription will not renew automatically and will end after the chosen period.
If membership is terminated due to a violation of this Agreement, German to Go will not reimburse the Member for the remainder of any paid term.
d) Refund Policy
German to Go offers a full refund within the first month. In order to be eligible for a refund, you need to send a request to email@example.com and explain your reasons. A refund cannot be given if a significant amount of course videos have already been consumed or too many PDF and audio files have already been downloaded.
IV. Using the Services/Site
a) Responsible use and conduct
By visiting our Site and accessing the Services, you agree to use these Services only for the purposes intended as permitted by the terms of this Agreement, and applicable laws, regulations and generally accepted online practices or guidelines.
b) Non-account and account-related Activity
You can access the Services/Site in part without having an account. Certain activities on the Site require you to have an account. All such “Users” and “Members” are subject to this Terms and Conditions Agreement.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account/s. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
f) Intellectual property
The Services and its original content available on the Site, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of German to Go, and are protected by applicable copyright. They will remain the exclusive property of German to Go and its licensors. The Service/Site also contain content from all Users and third parties. Except for content posted by you, you may not copy, modify, translate, publish, display, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service or Site. Any inappropriate use, for any purpose, is strictly prohibited unless specifically authorized by German to Go.
g) No sharing
Members of German to Go may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
h) Fraudulent Use
German to Go reserves the right to cancel any membership it believes has been compromised or is being used fraudulently, at its own discretion. Any suspected illegal, fraudulent or abusive activity may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Subscribers to this site have not purchased or rented the video content of this Site. The video content on this Site is made available to subscribing students in conjunction with an active membership to this site, and is to be viewed only on the German to Go provided website video viewer, for the sole purpose of learning the German language. Downloading or “ripping” of videos, text content, or images to a local storage device to circumvent German to Go subscription/member fees, or for any other reason, is expressly forbidden. German to Go reserves the right to legally pursue any student or member of the public who downloads any content, images or videos found on this site in violation of this agreement or shares access to this site with anyone other than one registered user per paid account. Pdf and mp3 files in the download areas may be downloaded, but not shared with any non-subscribers unless specifically authorized by German to Go.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. In such a case, we have no responsibility to you or to any third party.
We may provide various open communication tools on our website, such as comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. If you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
iii. Contains any type of unauthorized or unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” and/or any other form of solicitation.
iv. Impersonates any person or entity, including any germantogo.com employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this Agreement. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, becomes the property of German to go, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Services.
Engaging in any inappropriate activity will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at the Company’s sole discretion.
This Agreement does not create a partnership, joint venture or agency relationship between German to Go and any User/Member. The User/Member does not have any right, power, or authority to act as a legal representative of German to Go.
l) Links to other websites
Our Service may contain links to third party web sites or services that are not owned or controlled by German to Go. German to Go has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that German to Go shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
You are not required to provide personally identifiable information to visit the Site. However, in order to take advantage of certain features and become a Member you need to provide some personally identifiable information.
To create an account on a Site, we require you to provide your name and email address, to create a user name and to provide a password.
a) Data Disclosures
Except as otherwise set forth herein, German to Go does not disclose, sell or rent user information (the “Data”), without User’s prior consent or unless required by order or other requirement of a court, administrative agency, or other governmental body or applicable law. The User expressly permits German to Go to disclose the Data to:
(i) German to Go personnel who access and manage the Data in connection with the Services;
(ii) service providers for purposes of providing functions or services related to the Services and German to Go’s Members’ accounts; and
(iii) German to Go’s marketing partners through which Customer purchased the Services, if any.
(iv) any person assisting us in order to investigate violations and to take appropriate action;
Except as otherwise set forth herein, German to Go will not provide any Data to any third party without Customer’s authorization and will use commercially reasonable efforts to prohibit any third party that receives any such Data from selling or redistributing such Data without User’s authorization.
b) Usage Information
We may record information about your usage, including without limitation such as when you use the Site and/or Service, the pages you visit, the videos you watch, the files you download and the frequency and size of data transfers, as well as information you display or click on the Site.
If you sign up as part of a group, your Group Manager will also see some of your usage data, such as when you complete lessons, which lessons you watch, your questions and comments in the “Questions and comments” section and your lesson calendar.
c) Content Uploaded to Site
Any personal information, video content or other content that you voluntarily disclose online (on discussion boards, in messages, comment and chat areas) become publicly available and can be collected and used by others.
Once any content is posted by you or your account on the Site, German to Go has a license to use and retains the right to continue using or posting such content at its sole discretion even after you terminate this Agreement.
e) IP Addresses
If you have provided your User information, German to Go may contact you for marketing purposes by various means, including, but not limited to email. When you activate a German to Go account, you expressly consent to receive marketing communications via email (at the email address you provided when you activated your account) or other communications methods.
g) Editing and deleting your account information and preferences.
You can edit certain personal information that you have provided by logging into your Site account. When your membership ends, it does not currently remove your personal information from our servers.
h) Our Commitment to Data Security.
German to Go uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us or on the Site and you do so at your own risk.
VI. Limitation of Warranties
Your use of the Services is at your sole risk. By using our Site, you understand and agree that all Services we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i. the use of our Services/Site will meet your needs or requirements nor do they give any warranty about the results that may be obtained by using the them.
ii. the use of our Services/Site will be uninterrupted, timely, available, secure or free from errors, viruses or other harmful components.
iii. the information obtained by using our Services/Site will be accurate or reliable, and
iv. any defects in the operation or functionality of any Service/Site we provide will be repaired or corrected.
Furthermore, you understand and agree that any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
To the maximum extent permitted by applicable law, German to Go and its affiliates, resellers, distributors, agents, dealers and suppliers disclaim any and all representations, warranties and conditions, whether oral or written, express or implied, including (without limitation) any warranty as to merchantability, fitness for a particular purpose or use, title, or non-infringement, with respect to the Services.
VII. Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services during the twelve (12) month period ending on the date of the cause of action giving rise to the claim, loss or damage.
In no event will German to Go or its directors, employees, partners, agents, suppliers, or affiliates, be liable to you or any third party for any special, direct, indirect, incidental, consequential, exemplary or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether or not we have been informed of the possibility of such damage, resulting from or related to
(i) your access to or use of or inability to access or use the site and/or service;
(ii) any defamatory, offensive or illegal conduct or content of any third party on the Service;
(iii) any content obtained from the Service;
(iv) loss or damages which may be incurred by you as a result of using our Service, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime and
(v) unauthorized access, use, alteration, theft, destruction of your transmissions or content in any way made available for distribution via the Site and/or Services.
You expressly acknowledge that the Site and the Service are hosted by a third party over which German to Go has no control.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
VIII. Governing Law
This website is controlled by German to Go from our offices located in Berlin, Germany. We make no representations that the Site and Services are appropriate or available for use in other locations. Those who access or use the Site and/or Service from other jurisdictions do so at their own volition according to this Terms and Conditions Agreement and are responsible for compliance with local law.
As each country has laws that may differ from those of the Federal Republic of Germany, by accessing our website, you agree that the statutes and laws of the Federal Republic of Germany, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this site.
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. These terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
You agree to defend, indemnify and hold harmless German to Go and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, sums of money, costs or debt, expenses (including but not limited to attorney’s fees) and/or actions, resulting from or arising out of any violation of these Terms.
X. Contact Information
If you have any questions or comments about this Terms and Conditions agreement as outlined above, you can contact us at firstname.lastname@example.org