As of March 9, 2009
bab.la (http://bab.la including all associated country and sub-domains) is an interactive website provided by bab.la GmbH (hereinafter referred to as "operator" or "bab.la") aimed at language enthusiasts.
The relations between bab.la and the user shall be governed by these general terms and conditions (hereinafter also "GTC"). Any user's terms that differ from and conflict with these GTC do not apply.
By registering at bab.la the user agrees to these GTC. In the registration process, the user expressly accepts the GTC with a click on the confirmation box.
1. Scope of Application
1.1 The contract covering the use of bab.la's offers is entered into for an indefinite period; it serves as a master agreement for all offers used by the user that are accessible with the chosen login details (user name and password). The contract takes effect when the chosen login details are activated by bab.la. The contract is not transferable as far as the user is concerned. The user is not permitted to share login details with third parties.
1.2 The offers provided by bab.la are directed only at users with full legal capacity or those acting with the approval of their legal representatives. If a legal representative endorses use of services requiring registration by a minor, he/she then accepts responsibility for the online behavior of said minor, for the access control, as well as for any consequences resulting from misuse of the offered services by the minor. The legal representatives are aware that some of the operator's offers may contain content that is not appropriate for use by a minor. bab.la will block such content and - insofar as is possible - technically disable the postings from being repeated.
1.3 The user must register by creating a profile. Users can view other users' profiles and interact with them. Each user may only register once and must fill out all required fields for a successful registration. When choosing a user name, the user must comply with the terms in accordance with paragraph 5.1. bab.la reserves the right to change or delete user names in violation of paragraph 5.1. Multiple registrations are not permitted.
1.4 The user is obligated to provide bab.la with the required details (e.g. identity, address, e-mail address and - inasmuch as is necessary for invoicing purposes - payment details) accurately and in their entirety during the registration process. Users must keep their personal information up-to-date for the duration of the contract.
1.5 Occasionally bab.la sends important messages concerning the contract. The user will receive these, as a rule, via e-mail at the e-mail address specified by the user. Therefore users must keep their e-mail address updated at all times and check their e-mail account regularly for incoming messages, just as they would their home mailbox.
2. Offers from bab.la
2.1. bab.la operates a language portal in the form of an online information and communication platform with which the user can learn languages and impart linguistic knowledge. Users have the opportunity, for example, to search the language vocabularies provided and to actively add to them, to create language quizzes, to share them with other users, to evaluate or take language quizzes themselves. The user can exchange ideas about language related topics with other users. Users can integrate certain, specially marked contents into their own websites.
2.2 Commercial use (e.g. reselling, renting) of offers from bab.la is not permitted.
2.3 The predominant number of offers from bab.la are free of charge. Where a service is not free of charge, bab.la will inform the user prior to the use of such chargeable services and disclose the prices and features. Prices and features of chargeable products are stated in the respective performance specification of the service in question.
3. Use of Data and Data Protection
3.1. bab.la respects the user's privacy and complies with all applicable data protection regulations. These regulations include first and foremost the German Teleservices Act (TMG), the German Federal Data Protection Act (BDSG) and the data protection regulations of the German Telecommunications Act (Article 85 et seq. TKG).
3.2 bab.la does not share its users' personal information with third parties, unless the user gave prior explicit consent or there exists a legal obligation to forward information. If the user has given consent, he/she can then revoke it at any time for future effect with a simple message (e-mail, fax, letter).
4. Liability of bab.la
4.1 bab.la is not liable for the content of the users' postings; this applies particularly to cases in which the content posted by the user infringes upon the intellectual property (trademark rights, copyright, etc.) or the personal rights of third parties. This disclaimer also applies to the content of websites to which bab.la users have provided links.
4.2 bab.la is not liable for the accuracy or the content of statements made solely by users in the registration process or in the users' profile information or for any other contents generated by the users. The operator assumes no responsibility for possible misuse of information.
4.3 bab.la is not liable for financial, physical or intangible damages resulting from the use of this information and communication platform, so long as the damages are not demonstrably due to the intent or the gross negligence of bab.la or its staff.
4.4 bab.la constantly strives to ensure a smooth operation at all times. However, bab.la guarantees neither the uninterrupted availability or accessibility of bab.la, nor is bab.la liable for delays or failures in transmission due to technical reasons. For instance, technical malfunctions as well as necessary maintenance work may cause temporary disruption of bab.la services.
4.5 It is not possible for bab.la to carry out constant content control on external websites that are linked by users and without a concrete indication of a rights violation this can also not reasonable be expected. As soon as a rights violation on a linked external website should become known to bab.la, those links will be removed immediately.
5. Responsibility of the User
5.1 The user is solely responsible for the content of his registration and thereby the information that he provides about himself. The user may only use the bab.la services in a manner or for purposes that do not violate these general terms and conditions or any effective German law or do not violate the rights of third parties. The users must heed the following in particular:
- The distribution of racist or pornographic content, content that glorifies or trivializes violence, plus immoral content is forbidden. Likewise prohibited is the distribution of information that can impair or endanger the development or upbringing of children or adolescents, or infringe upon the human dignity or other legally protected interests secured by the criminal code. Furthermore it is not permitted to incite criminal acts or to give or distribute instructions for criminal acts.
- Insulting, harassing, slandering or threatening other users is forbidden.
- Third-party copyright, trademark or other intellectual property rights may not be infringed through the use of the site.
- The distribution of unsolicited bulk mailings (spam e-mails, junk e-mails) is prohibited.
- The use of individual functions shall not result in negative effects on bab.la, other providers, networks or other third parties.
- Electronic assaults of any kind on the bab.la platform (particularly the database, the network) or on individual users are strictly prohibited. This includes, for instance, hacking attempts, use of computer programs to crawl for data, spamming and brute force attacks.
- It is prohibited to post information on bab.la in pursuit of a commercial agenda (particularly spamming, chain letters, pyramid schemes, or similar), to spread or promote political or ideological views (particularly using symbols or emblems of such views) or to otherwise have a political or ideological objective (such as petitions, calls for the expression of opinions, assemblies, etc.).
5.2 The user is responsible for ensuring that content posted either to the storage space or otherwise on bab.la is free of viruses, worms, trojans, or other content that could interfere with or compromise the functional capacity of bab.la's services or other users.
5.3 If the user is culpable of violating these GTC or effective law, bab.la can take necessary action. With minor violations, this could be limited to a warning that the GTC, statutory regulations or the duty to show consideration have been violated. Serious violations may lead to temporary or total suspension of individual services or access, or even termination without notice. Furthermore bab.la reserves the right to press charges in the event of any illegal violations.
5.4 bab.la is entitled to block content that the user has posted if reasonable suspicion exists that said content violates statutory regulations or these GTC or the rights of third parties. Reasonable suspicion exists particularly if official or criminal investigations are conducted because of content posted by the user, or if a rights owner makes a not obviously unfounded complaint. bab.la can sustain the suspension until the suspicions are dispelled.
5.5 Profiles serving to improperly read out, store, edit, alter, forward or otherwise misuse information may not be created on bab.la.
6. Publishing of Content
6.1 Contents entered by users, such as words or tests, are accessible to the public and can be viewed and used by other users around the world.
6.2 Where the user enters, edits or adds to items in the dictionary or vocabulary lessons on bab.la, this is done on behalf of bab.la as the database creator in accordance with Article 87a et seq. of the German Copyright Law (UrhG).
6.3 The user must be the owner of the necessary rights for all content that he/she posts or provides access to within the framework of bab.la's services. Therefore the user must check whether he/she holds the required rights before publication of content.
7. Termination of the Contract
7.1 The user can terminate the contract without prior notice. This is done after logging in, via page "Home", sub-page "Edit Profile", by clicking on "Delete Profile".
7.2 bab.la has the right to terminate the contract entered into with the user without prior notice if the user is culpable of violating these GTC or effective law and adherence to the contract is no longer to be expected.
7.3 bab.la is furthermore entitled to duly terminate the contract with two weeks notice without stating a reason.
7.4 Termination by bab.la is done via e-mail to the e-mail address provided by the user.
7.5 In the event of termination by the user (paragraph 7.1) or following a termination prompted by the user for cause (paragraph 7.2), the user is obligated to continue paying fees for bab.la's services or products as far as a minimum or fixed term was agreed for them. A refund or proportional reduction will only occur if and insofar as the user can prove savings resulting for bab.la.
7.6 Following termination by bab.la, the user can re-register for bab.la's offers only with explicit consent from bab.la. bab.la users are not permitted to enable former users whose contract was terminated by bab.la to use bab.la services or products.
7.7 Once termination takes effect, the user can no longer use bab.la's services. The profile information stored by the user will initially be blocked when the contract is terminated. Profile information will be deleted no later than six months after the contract has been terminated. At that time the content data posted by the user will be made anonymous by bab.la.
7.8 The user's right to terminate the contract for cause remains unaffected.
8. Liability, Release
8.1 bab.la is liable for every culpable violation of fundamental contractual obligations as well as in the case of adoption of a Guarantee of Quality (Article 443 of German Civil Code (BGB)) according to the relevant statutory regulations. bab.la is liable for damages due to want of agreed quality, only as far as these are included in such an agreement. In all other cases bab.la is liable only if the resulting damages were the result of gross negligence or a deliberate act.
8.2 Notwithstanding paragraph 8.1, bab.la is exempt from liability for damages due to slight negligence concerning services that bab.la provides free of charge.
8.3 The liability for death or bodily injury, as well as liability according to the German Product Liability Act (ProdHaftG) remains in either case unaffected by the preceding provisions.
8.4 The user is furthermore obligated to compensate bab.la for actions, damages, losses or claims of any kind resulting from culpable violations of statutory regulations or the infringement of these GTC. The user is particularly obligated to release bab.la from all obligations, expenditures and claims resulting from damages due to libel, slander, defamation, violation of personal rights, due to the loss of services for other users, due to the violation of intangible assets (trademark, copyright, etc.) or other rights. The indemnification extends to cover required costs for the necessary legal costs (lawyer's fees) for the defense of such claims.
9. Involvement of Third Parties
bab.la is entitled to commission third parties to supply a portion of or the full range of their services. In so doing bab.la will adhere to the legal obligations of data protection.
10. Intellectual Property Rights of bab.la
The user accepts that all trademark, copyright, performance protection and other intellectual property rights in bab.la's offering are exclusively the entitlement of bab.la and shall not be utilized without bab.la's prior written approval. No software from bab.la whatsoever shall be duplicated, distributed or made publicly accessible, decompiled or edited, unless bab.la gives explicit consent.
11. Notice of Rights Violations
11.1 At http://bab.la/hakkimizda/iletisim a form is provided with which persons of the opinion that content posted by users violate their copyright or other intellectual property rights can contact bab.la. The holder of rights must take into account that it is necessary to provide complete and accurate details in order to trace the alleged infraction. These include:
- a description of the copyrighted material that was violated in the opinion of the holder of the rights;
- a description of where the objectionable material is to be found;
- the address, telephone number and e-mail address of the claimant.
11.2 Furthermore, should users have posted content on bab.la that violates these GTC or legal regulations, bab.la requests that you make contact either by using the above-mentioned form or via the address indicated in the imprint, providing the necessary details to locate the objectionable content.
12. Place of Jurisdiction, Choice of Law
12.1 Insofar as is legally permissible, Hamburg is agreed as sole place of jurisdiction for all disputes arising from the contractual relationship.
12.2 The laws of the Federal Republic of Germany shall apply.