Welcome to ChineseKuang! ChineseKuang is an offer provided under the internet domain http://www.chinesekuang.com (hereinafter known as “ChineseKuang” or “Website”) from Felix Kuang (hereinafter known as “Provider”), located at Burgunder Str. 5, 14197 Berlin. You (hereinafter known as the “User”) can find further information in our Legal disclaimer.
These General Terms & Conditions (hereinafter known as “GTC”), in conjunction with any applicable supplementary conditions pursuant to para. 5, provide the final legal framework for all ChineseKuang services intended for consumers. Deviating and supplementary provisions only apply if expressly agreed upon.
These GTC applicable in equal measure to both free and non-free offers from ChineseKuang.
1. Offered Services, Scope of Application
1.1 ChineseKuang offers free learning material for the Chinese language.
2. Website Accessibility, Limitations to Liability
2.1 The Provider uses the current and commonly used technologies for its services. In order to fully use ChineseKuang, the User must also use these technologies (e.g. current browser technologies, Adobe Flash) or enable their use on their computer or mobile device (e.g. activation of Java script, cookies, pop-ups). When using older or not commonly used technologies, it is possible that the User can only use ChineseKuang to a limited extent.
2.2 The internet services required for the use of ChineseKuang and the necessary equipment are the sole responsibility of the User with regard to the costs incurred, the availability and the security of the data connection.
2.3 The Provider expressly does not guarantee that the services offered are suitable for the specific goals pursued by the individual user.
2.4 Claims of the User for damages are excluded. This does not apply to claims for damages by the user resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty on the part of the Provider, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. A “cardinal duty” or “essential contractual obligations” are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner regularly trusts and may rely.
2.5 In the event of a breach of essential contractual obligations, the Provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the user resulting from injury to life, limb or health.
2.6 The limitations of paragraphs 2.4 and 2.5 also apply to the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
3.1 ChineseKuang may only be used in accordance with these GTC. In particular, Users are not authorized to:
- Reverse engineer, decompile, disassemble, modify, or create derivative works based on the ChineseKuang Voice Portal;
- Circumvent protective measures that the provider or its licensors use to protect content that is accessible via ChineseKuang;
- To copy, store, edit derivative works made by ChineseKuang, to develop derivative works based on them, or to modify them in any way;
- To lease their own user account or to grant sub-licenses;
- Sharing one’s own user account with other persons and / or granting others access to the paid services of ChineseKuang (so-called “shared account”);
- Use ChineseKuang in any other improper manner that violates these GTC.
3.2 In the under 3.1 described cases, as well as in all other cases of improper use, the User agrees to indemnify the provider. In any case, the provider reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use and the provider has a legitimate interest in blocking.
4. Intellectual property Rights
4.1 All texts, images and other copyrightable content and works made available under ChineseKuang are protected by copyright. Any non-contractual use, especially for commercial or business purposes, requires the prior consent of the provider in writing.
4.2 Content specifically provided through a Creative Commons license is subject to the terms of the applicable Creative Commons license.
4.3 Any use of all trademarks, brands, designs and business names used by the provider in the context of the offer also requires the prior consent of the provider in text form.
5. Final Clauses
5.1 The contractual relationship between the Provider and the User is, to the extent permitted by law, subject to German law. If the law of the country in which the consumer is resident provides for greater consumer protection, it will remain unaffected.
5.2 The Provider does not participate in any dispute settlement proceedings before a consumer arbitration board in the sense of the Consumer Dispute Settlement Act.
5.3 The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
5.4 The Provider reserves the right to change these GTC for a material reason (e.g. due to changes in the legal situation or its own offer, technical developments and the like). This is especially true when new offers fromthe Provider require new regulations.
5.5 The amended GTC are sent to the User in advance by email or by any other suitable form. If the User does not object to the amended GTC within six weeks, they shall be deemed accepted. In the event of an objection, the Provider may block the User’s user account, with payments already made being reimbursed proportionally in proportion to the remaining term. The Provider will separately point out these legal consequences in the email containing the changed terms and conditions.
Chinese Kuang – Felix Kuang, Burgunder Str. 5, 14197 Berlin