Terms and conditions | Langbird


Terms and conditions

1. Background

1.1 The language platform Langbird is operated by the company Langbird AB (”Langbird AB”), with corporate offices at Slagbjörnsgatan 9, 722 45 VÄSTERÅS, on the internet domain www.langbird.com. The language platform Langbird is a web-based system (”Langbird”), designed to learn foreign languages. Langbird is available over web-browser or through downloadable apps installed on units with the operating systems Android, iOS or Windows.

1.2 When registering with Langbird or starting to use Langbird content, you (the ”User”) agree to these terms and conditions (”T&C”). A valid contract between the User and Langbird AB is entered when the user registers on Langbird or starts using Langbird after clicking a button on the "welcome" screen. Please read these T&C carefully. They make up the legal framework applying to the use of Langbird.

1.3 Langbird offers some content and features for free. Some services are offered for payment. Services that are offered for payment are clearly described and marked as such on the domain www.langbird.com. There are no charges without explicit information to the User. The User will not be charged for limited use, or registration. Langbird exclusively addresses private individuals or final consumers, and they are the only ones who may register.

2. Cookies

2.1 Langbird uses cookies according to Electronic Communications Act, 25 juli 2003. A cookie is a small text file which is stored on your computer and contains information to be able to identify and follow users. There are session cookes and cookies which are permanently stored on your computer. During your first visit, your web-browser may be assigned a session cookie which is unique and is used not to confuse you with other users. To be able to use Langbird, it is recommended that you allow cookies in your web browser. This type of cookie is only used to give the User a better experience and support and does not store any personal details. Cookies can be erased.

3. Definitions

3.1 The Terms & Conditions apply to all non-commercial Users of Langbird. If any deviating or supplementary provisions are agreed upon the conclusion of the contract, they shall only apply if agreed between the parties and drawn up in writing. The Terms & Conditions apply to all services, both to free services and services against payment.

4. Registration and Conclusion of Contract

4.1 Each User may only register once. The User is required to provide complete and truthful information in the sections provided on the registration form. The User gives Langbird AB the right to the publication of its User name, selected language versions, current credits, current chapter, if the User is online, date of registration as well as any additional information provided, including but not limited to the User’s profile image.

4.2 The contract between the User and Langbird AB applies to the use of and access to Langbird and is concluded when the User completes and sends the registration form by clicking the button for registration and creation of an account or logs in using Facebook or Google accounts. The "Base Contract" described in section 5. below is concluded when the User clicks a button on the "welcome" screen.

4.3 Before the User can start to use services against payment, the User must enter an invoice address and credit card information. The User undertakes to provide provide complete and truthful information in the sections provided. Langbird AB may restrict or prevent access to Langbird at any time if incorrect information is provided. When an invoice address and credit card information has been entered, the credit card can be charged when the user clicks a "buy" button. Billings and receipts of such transactions are availble in the "Your Invoices" section of Langbird.

4.4 The prices which are quoted at Langbird are including valid statutory turnover tax unless explicitly stated otherwise.

4.5 The rights to Langbird and all thereto associated rights, including but not limited to every immaterial right are and remain after the entering of this contract the exclusive property of Langbird AB.

4.6 The User agrees to not without permission trying to get access to any other person’s account through login or any other way of using the account.

4.7 The User agrees not to transfer its user account to any other person or organization without prior written agreement by Langbird AB.

4.8 Langbird AB reservs the right to remove or block the Users account name, first name, last name or password if these are considered inappropriate or damage third party rights (particularly but not limited to trademark rights).

5. Free Use of Base Functions (Base Contract)

5.1 The registration is free of charge to the User. The use of the base functions at Langbird are free.

5.2 The contract for using the basic functions (base contract) of Langbird is concluded for an unlimited period of time and may be terminated without notice by either party at any time as long as no Payment Contract with a subscription has been entered. To terminate the contract, the user must inform Langbird AB in writing. If the user has entered a Payment Contract with a subscription, the Payment Contract must first be terminated according to paragraph 7 of the T&C. The basic contract can then be terminated after the end of the subscription term in the manner described above.

5.3 The User account will be deleted when the basic contract has been terminated. After termination of the agreement, the User cannot claim the use or return of contents that he/she has posted.

5.4 To get unlimited access to all content and functions, fees will be charged if this has been indicated and the User has explicitly ordered or booked such services.

6. Services and Products against Payment (Payment Contract)

6.1. Langbird AB offers services and products (“premium content” or “premium services”) for a charge at the Langbird homepage as well as in downloadable apps (“Payment Contracts”).

7. Cancellation and Renewal of the Contract

7.1 Certain services or products are available according to current offers either as subscription or one-off purchases. Billing type, prices and terms are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding by pressing the “buy” button.

7.2 Payment Contracts with subscriptions are always concluded for a specified period of time. The payment for the entire subscription term is payable on conclusion of the contract. After each subscription term, the contract is automatically renewed according to the term agreed upon in the contract (e.g. 3, 6 or 12 months), unless the User cancels the subscription before the end of the subscription period. The full payment amount of each renewal term will also be charged in advance on the first day of the renewal. All subscription contracts can be cancelled up to the end of their respective subscription periods.

7.3 Payment Contracts with “one-off purchase” can be for a limited or unlimited period of time. If they are indicated to be valid for a limited period of time, the contract will terminate without needing to be cancelled.

7.4 Payment Contracts with a subscription can, if they were concluded via www.langbird.com be terminated by Email to info@langbird.com or through the item “End subscription” under “Account”. If the user terminates a basic contract contrary to paragraph 5.2 about Payment Contracts with subscriptions Langbird can no longer be used. However, the subscription term is not terminated, and further costs may be incurred if the subscription term is not terminated separately, even though the subscribed content can no longer be accessed. The User is never entitled to any refund of usage fees.

7.5 Payment Contracts with a subscription term were concluded via App Store from Apple or Google Play Store from Google must be terminated via App Store from Apple or Google Play Store from Google for technical reasons. Termination must occur no later than 48 hours before the subscription is renewed. If the user terminates a basic contract contrary to paragraph 5.2 about Payment Contracts with subscriptions Langbird can no longer be used. However, the subscription term is not terminated, and further costs may be incurred if the subscription term is not terminated separately, even though the subscribed content can no longer be accessed. The User is never entitled to any refund of usage fees.

7.6 The right to termination for cause remains intact.

7.7 Langbird AB has the right to cancel Payment Contracts without stating any reasons with the termination taking effect at the end of the respective term at any time. Base contracts may be terminated at any time by Langbird AB.

8. Payment Methods

8.1 Fees for premium services are always payable in advance.

8.2 The User may affect payment by using the credit cards he/she has entered. Payments are processed via the Payment Service “Stripe”.

8.3 Billings and receipts take place digitally and are available in the section "Your invoices". No paper bills or receipts will be given.

9. Right of cancellation for consumers

9.1 A consumer is any natural person or individual who concludes a contract for purposes that are not attributable to either their commercial or independent professional occupation. The following right of withdrawal is only valid for consumers.

9.2 Right of cancellation (withdrawal). You have the right to withdraw from this contract within 14 days. In your message to us, you must clearly state that you have changed your mind and want to withdraw. The cancellation period expires 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us in writing (Langbird AB, Slagbjörnsgatan 9, SE-722 45 VÄSTERÅS, SWEDEN, phone: +46 73 682 15 47, Email info@langbird.com), e.g. in a letter sent by post or Email, of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the end of the cancellation period. You are not entitled to withdrawal if you have started to use the services during the cancellation period.

9.3 Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless if we have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement in any event. You are not entitled to withdrawal if you have started to use the services during the cancellation period.

10. Content, Liability and Accessibility

10.1 Langbird AB strives to ensure best service and proper function at all times when using Langbird. However, Langbird AB does not guarantee uninterrupted access.

10.2 For providing its service, Langbird AB uses technologies currently and commonly used. To be able to make full use of the services offered by Langbird AB, the User must also use these technologies (e.g. up-to-date browser technologies, HTML 5 and so on) or enable their use on his/her computers (e.g. activate Java Script, enable cookies and pop-ups). Using older or not commonly used technologies, might imply that the User might only be able to make limited use of the services provided by Langbird AB.

10.3 The User agrees not to circumvent security-related features of Langbird, not to disable or otherwise interfere with them or those of or any associated websites and/or tablet and/or mobile applications or features connected to Langbird that prevent or restrict use or copying of any content or enforce limitations of the use.

10.4 The User agrees not to use or start any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses Langbird in a manner that sends more request messages to Langbird and/or servers used by Langbird AB in a given period of time than a natural person (human individual) can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Langbird AB grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Langbird AB reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from Langbird, nor to use the communication systems provided by Langbird (e.g., comments, Email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any Langbird Users with respect to their content. In all use of Langbird and all associated services, website and mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations.

11. Copyrights

11.1 All texts, images and other works created by Langbird AB or licensed to Langbird AB by third parties are protected by copyright laws. Such copyrighted content may not be reproduced, changed or published in any way without prior written consent from Langbird AB. This does not apply when content is expressly labelled as licensed under Creative Commons-licenses (CC) or Wikimedia Commons.

11.2 If the User is a copyright owner or an agent thereof, is located within the United States and its territories, and believes that any content on Langbird infringes upon his/her copyrights, the User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. 512(c)(3)): (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list representing such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) Information reasonably sufficient to permit Langbird AB to contact the User, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that the User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices, other comments, feedback, questions to technical support, and other communications should be directed to the company (Langbird AB) at: info@langbird.com.

11.3 Sound licensed under CC BY3.0 https://creativecommons.org/licenses/by/3.0/legalcode). Sound files licensed under CCBY3.0 and their licensing authors are the finished level sound (Fanfare by freesound.org/bone666138), the silver medal sound (cheer 01.wav by freesound.org/Corsica_S), the wrong and correct answer sounds (Game Sound Wrong.wav and Game Sound Correct.wav by freesound.org/Bertrof), the finished turn sound (320655__rhodesmas__level-up-01.mp3 by freesound.org/shinephoenixstormcrow), the gold medal sound (Ba-da-dum.wav by freesound.org/Simon_Lacelle), the trophy sound (clappy2.wav by freesound.org/themfish) and the fireworks sound (Fireworks display 2 by freesound.org/waxsocks).

12. Content generated by Users

12.1 When using Langbird, Langbird AB offers Users the opportunity to transfer content generated by themselves or automatically generated content. This may be images, text or information that can be shared on social media. The content is transferred to Langbird AB who can make it accessible to the public. Before being sharing any information on social Media, the User must register according to section 4. above.

12.2 The User hereby grants Langbird AB a perpetual, worldwide, non-exclusive, free and transferable right to make such content available to the public and to modify it.

12.3 Langbird AB always has the right to remove or delete any content published by the User in its own discretion at any time.

12.4 Being of age and proper registration via a User account is a prerequisite for transferring content. All content transferred by Users shall be able to be traced back to the Users account and User name.

12.5 The User itself shall ensure that information registered by the User can’t be misused by third parties. The User is particularly obligated to make sure that no third-party access to its registration information is possible. At the consequence of being held personally liable, the User is also responsible for ensuring that the contents it has posted at Langbird are free from viruses, worms, Trojans or other programs that could jeopardize or impair the operability of Langbird, other web-pages or cause risks to other Users access.

12.6 The User warrants Langbird AB that the content transferred does not infringe on any third party’s intellectual property rights and that the content can be used in accordance with Section 12.2. This includes any moral rights of any people pictured, mentioned or else referred to in the content. The User is obliged to investigate if any such material is subject to or infringing other additional law. Langbird AB has no knowledge of and takes no responsibility for such infringements or limitations.

12.7 If this contract is breeched, Langbird AB reserves the right to exclude the User from its offer. The User warrants and represents and shall ensure at the consequence of being held personally liable that the contents posted by it violate neither pertinent statutory or administrative regulations nor, in addition, are pornographic, racist, insulting or in any other similar manner violate morals, or violate the terms & conditions for Use of such material on other media on which it may be published by Langbird (such as social media, e.g. Facebook, Google+ or the like).

12.8 The rights granted to Langbird AB by the User and the preceding warranties and releases or claims by Langbird AB on the User shall not expire upon termination of the Users right to access Langbird.

13. Disclaimer

13.1 Langbird AB does not guarantee: (a) that Langbird fulfils the User’s needs; (b) that Langbird works together with other hardware or software; (c) that Langbird works without errors or without interruptions.

13.2 The User is responsible for any losses or damage to the User, to Langbird AB or to third parties through the use of Langbird.

14. Damages

14.1 Damages may be applicable if any of the parties make fundamental breeches of contract.

14.2 No damage claims above 10.000 SEK may be submitted against Langbird AB.

14.3 Langbird AB has the right to damages for all the damage Langbird AB may be caused by a fundamental breeching of contract.

15. Force majeure

15.1 Langbird AB is free from consequences for omission of fulfilling certain obligations according to this contract, if the omission is caused by circumstances of the kind which are outlined below (”exonerating circumstances”) and the circumstance, prevents, obstructs or delays the fulfilment or makes the fulfilment of obligations more difficult.

15.2 As exonerating circumstances shall be considered, among others, war, act of war, government action or negligence, new or changed laws, labor market conflicts, lock-outs, strikes, blockades, boycotts, fire, flooding, major accidents, and similar circumstances.

16. Passivity

16.1 Passivity of any party to use any rights according to the contract or the omission of raising a certain circumstance relating to the contract shall not mean that the party has lost its right to making such claims.

17. Applicable law and Jurisdiction

17.1 This contract shall be subject to the laws of Sweden.

17.2 Disputes related to this contract shall finally be settled by a Swedish court of law.

17.3 These T&C may be published in different language versions by Langbird AB (including but not limited to the domains www.langbird.com, www.langbird.se or www.langbird.co.uk). The original language of the contract is Swedish. Translated version of the contract shall be seen as pure information to the User and a way of understanding its contents. A translated version shall never replace the Swedish contract. If in doubt, the Swedish version shall take precedence.

17.4 The User and Langbird AB agree that these T&C and other legal information published by Langbird AB make up the total agreement between the User and Langbird AB.

17.5 Should individual parts of these Terms & Conditions be legally invalid, the remaining parts hereof shall be unaffected and remain binding.

18. Transfer of the agreement

18.1 Langbird AB reserves the right to fully or partly transfer this agreement under provision that the acquirer assumes the same obligations that Langbird AB takes on under the agreement.

18.2 The User does not have the right to transfer or pledge his/her rights and obligations according to the contract without prior written consent from Langbird AB. The User may not transfer or give access to the use of Langbird or the functions and services made available by Langbird AB.

19. Changes of these Terms & Conditions

19.1 Langbird AB reserves the right to modify these Terms & Conditions at any time and without indicating any reason for such modification. The User is responsible to keep updated about such changes in Terms & Conditions published on domains by Langbird AB (www.langbird.com, www.langbird.se or www.langbird.co.uk). If the User does not immediately object to the changes in Terms & Conditions, the changes are considered to be accepted by the User. If the User objects to the changes, Langbird AB may block the User’s account and thereafter reimburse the User for any payments already made for remaining subscriptions.