GTC – General terms and conditions for using Rhetorican
§ 1. Introduction
Rhetorican as a product of MOSOS UG (limited liability), pursues a great vision: We want to make it possible for everyone to become a speaker and partner in conversation in such a way, he or she has always desired to be and to be able to express himself/ herself with intelligence and rhetoric stylistic devices as he/ she wishes to. On one hand we set our focus on theoretic transfer of knowledge and on the other hand on practical exercise, which we offer here – and all of this online. Rhetorican distinguishes itself by being a strong and benevolent community, where we support each other on our way to become a real “Rhetorican“ in being and staying motivated on our path of personal growth. We are happy to welcome you as part of the Rhetorican community.
The following general terms and conditions lay down the legal framework for the use of Rhetorican and the services we offer. Please read these general terms and conditions attentively. You are welcome to retrieve and print out the current valid general terms and conditions from our website any time.
§ 2. Coverage of regulations (GTC)
2.1. Contract party and subject matter of contract
These general terms and conditions (subsequent: “GTC“ or „regulations“ provide the base for the contract of use, which is formed between you and us, the MOSOS UG (limited liability), Am Bahnhof 12, 88437 Maselheim (subsequent: mentioned as ”us” or “we”). Subject matter of this contract is the use either against payment or free of charge of our website by the name of Rhetorican www.rhetorican.de and/or www.rhetorican.net , other Rhetorican websites (subsequent: each ”Rhetorican“ or ”Rhetorican services“).
The regulations apply to all users of the website, including users, who contribute videos, information and other materials or services to Rhetorican.
2.2 Participation requirements
Prerequisite for opening a user account and the use of the Rhetorican services is that you are already 18 years old and with full legal capacity.
Rhetorican exclusively addresses consumers. A consumer is, per definition, every natural person, who makes a legal transaction for purposes which can neither be identified with their commercial or professional work or self-employment. The use of Rhetorican for business or other commercial purposes is explicitly prohibited/ forbidden.
In order to use the Rhetorican services you therefore have to agree to the regulations. You must not use the Rhetorican services if you do not agree to the regulations.
You can agree to the regulations by simply using the Rhetorican services. You take note and agree that from this point in time we take your use of the Rhetorican services as acceptance of the regulations.
You are not allowed to use the Rhetorican services and to accept the regulations if
a) the law of the state/ country, in which you live, or from which you access or use the Rhetorican services, you are excluded from reception and use of the Rhetorican services or they are otherwise forbidden by law for you.
You should print out or locally save these regulations for your own records.
2.3. Language of the regulations
The language of contract is German.
In so far as we supply you with a translation of the German version of the regulations, this is for your comfort only. Relevant for your relationship with us will always be the German version.
Should there be an inconsistency between the German version and a translated version the German version is the relevant one.
2.4. Supplementary conditions
We reserve the right to arrange supplementary conditions for individual Rhetorican services. Thereupon we will inform you prior to the use.
It is advisable to check the regulations regularly.
§ 3. Rhetorican services and prices/ charges
3.1. Services free of charge and against payment
The possibilities and the extent of the Rhetorican services accessible to you, which are part of Rhetorican, depend on the fact whether you use the Rhetorican services against payment or free of charge. For the use/utilization free of charge you have access only to certain basic functions and information. An extended range of functions is available to you if you make the connection with Rhetorican with a separate single payment or in the course of a subscription.
Note, that for the use of our services to a full extent you require aids or technical devices (smartphone, tablet, notebook or PC with screen, also a webcam, speakers, camera and microphone, internet connection, etc.).
These are not part of the Rhetorican services and have to be acquired or supplied by you, possibly at your own costs.
3.2. Prices/ charges
Get informed on the website www.rhetorican.de or www.rhetorican.net about the current price/ charge and subscription models each and the according services usable. All prices/ charges include each the current valid turnover tax respectively value-added tax (VAT).
§ 4. User account
4.1. Registration procedure
Before using the Rhetorican services you have to register first and open a user account. When you set up your user account you have to give correct and complete information. It is important that you keep the password to your Rhetorican user account safe and secret/confidental.
During the registration process you will be asked to accept the general terms and conditions (GTC) and data protection regulations. After the completed registration you will receive an email for security reasons/ measures first, in which we will ask you to verify your registration by clicking the button “account confirmation“. After confirming this you will be lead to an internet site, on which we will finally confirm your registration. Only after this the registration process will be completed.
Alternatively you have the opportunity to register with your Facebook or Google account. In this case the registration process will be completed when you have entered the account data of your Facebook or Google account and after that click on the button/ icon “confirm”.
You have to inform us immediately if you notice any violation/ breach of safety precautions or an unauthorized use of your Rhetorican user account.
You agree to be solely responsible for any activity which will occur related to your Rhetorican user account (as well as in relationship to us and also towards others).
§ 5. Conclusion of contract
In which way the contract takes effect depends on how you initially register with Rhetorican and whether you make use of additional services against payment.
5.1. Registration on the internet on www.rhetorican.de or www.rhetorican.net
By registration via our website www.rhetorican.de or www.rhetorican.net the contract of use between you and us takes effect after completion of the registration process.
5.2. Conclusion of contract for single additional services or subscriptions against payment
You can purchase single additional services either by paying a one-time/ one-off fee or within a subscription. If you purchase an additional service via our website www.rhetorican.de or www.rhetorican.net the contract takes effect, if you click the button “purchase/ buy now“ or click on a comparable button/ icon and have successfully given your payment information.
5.3. Correction of entry/ input errors
As far as you want to purchase a single additional service or a subscription on our website www.rhetorican.de or www.rhetorican.net, you can abort the procedure at any time and correct possible entry errors until you have entered your payment details successfully.
§ 6. Operation time/ period
6.1. Contract of use
The contract of use between you and us, which takes effect with opening your user account, is valid for an indefinite period.
6.2. Premium subscription
Our premium subscriptions are offered with different minimum terms and are automatically extended in each case for the period of the last chosen minimum term, until a cancellation either from your or our side is made.
Note, that the duration/ term of a premium subscription follows the calendar and is independent from duration and extent of your use of each Rhetorican service.
6.3. Single additional services
Single additional services can be offered for a fixed term/ period. They end automatically with the course of time and don’t require cancellation.
Note, that the duration/ term of a subscription follows the calendar independently from the duration and extent of your use of each Rhetorican service.
§ 7. Terms of payment
7.1. Collection of fees
For the purchase of additional services against payment by making a one-time payment the fees will be collected with the conclusion of the contract.
For the purchase of a premium subscription the fee for the chosen minimum term will be collected at the point of time of the conclusion of the contract. If the subscription is extended automatically the fee for the extended term/ period will be collected at the beginning of this term.
7.2. Delay/ default
We reserve the right for enforcement/ assertion of further claims due to late payment.
§ 8. Payment method
When you purchase Rhetorican services against payment via our website www.rhetorican.de or www.rhetorican.net the billing/ settlement of accounts occurs through the provider you chose.
We use Paypal as payment service provider for payments. Furthermore we use the payment provider Stripe for the payment method ”credit /debit card“ and ”immediate transfer“.
When paying with PayPal you will, during the order process, be transferred to the website of the online provider PayPal. In order to pay the amount charged via PayPal, you have to be registered there, respectively you have to register first, legitimize with your access/ login data and to confirm the payment/ money order to us. After the submission of your order we automatically ask Paypal to initiate the payment transaction, which will be executed automatically.
In so far as expenses and expenditures arise to us, because a payment is rejected and you are to blame for it (e.g. because the account is not covered or the limit on the credit card is already used up), we are entitled to charge you the incurred costs and/ or expenditures in the actual amount.
We reserve the right not to offer certain payment methods and to point out other payment methods if there is a justified cause.
§ 9. Right of revocation/ cancellation
9.1. Revocation instruction
When you conclude a contract of use, a contract for a subscription, or a contract for a single additional service with us, you have the following right of revocation.
You have the right to revoke the contract within fourteen days without giving reasons. The period for revocation is 14 days starting on the day of the conclusion of the contract.
In order to exercise your right of revocation you have to contact/ inform us
MOSOS UG (limited liability)
Am Bahnhof 12
88437 Maselheim
by means of a clear statement (e.g. a letter by mail, fax or email) about your decision to revoke the contract. You are welcome to use the standard form included in the GTC, although this is not mandatory. You can write/ print out the standard revocation form or another clear statement and send it to us by email or regular mail. If you make use of this possibility we will immediately (e.g. via email) send you a confirmation about the receipt of such a revocation. In compliance with the deadline it is sufficient that the declaration of revocation is sent preceding the deadline.
Consequences of revocation
If you revoke the contract we have to return all payments, which we received from you, including delivery costs (with the exception of additional costs, which arose, that you chose another method of delivery than the less expensive standard delivery offered by us), prompt and the latest within fourteen days from the day, on which we received the note of your revocation of the contract. For this reimbursement we use the same method of payment, which you utilized for the original/ initial transaction, unless we agreed on something different with you; on no account you will be charged fees for this reimbursement.
If you have requested, that the services should start within the revocation period/ deadline, you will pay us an adequate amount, according the share of the already rendered services until this point of time, at which you notify us about exercising the right of revocation, in accordance with the total volume of the services arranged in the contract.
9.2. Standard form for your revocation
You can (but don’t have to) use the following revocation form for your revocation, which you can send to us by mail or email.
If you want to revoke/ cancel the contract, please fill out this form and send it back to:
MOSOS UG (limited liability)
Am Bahnhof 12
88437 Maselheim
I/ We hereby give notice (*) to revoke/cancel the (*) concluded contract with me/ us, about the purchase of the following products (*)/ the rendering of the following services (*):
Ordered/ received on (*): _________________________________________
Name of user(s):____________________________________
Address of
User(s):_______________________________________________________
Email address of user (Rhetorican user account email address):
__________________________________________
Date: ___________________
Signature of user(s):____________________
(*) delete as applicable
------ End of revocation instruction ------
9.3. Expiration of right of revocation
The revocation right expires in case of a contract of rendering of services if we rendered the service completely and also if we started rendering the service, after you gave explicit consent, and at the same time confirmed your knowledge, that by our fulfillment of contract in full you will lose your right of revocation.
The revocation right expires in case of a contract of delivery of digital contents on non-corporal data carriers also if we started the execution of the contract, after you gave your explicit consent, and at the same time confirm your knowledge, that by the start of our fulfillment of contract in full you will lose your right of revocation.
§ 10. Special offers and promotion
Time and again we have different offers, promotions and sales campaigns such as e.g. discounts. Rhetorican users learn about the offers through the newsletter and are informed about the status. These special offers are not a fixed component of the regular program and are generally limited in terms of time and extent. There are separate conditions for the special offers which can be accessible and retrievable for information and participation.
§ 11. General restrictions of use
11.1. In general
We grant you permission, based on the hereafter listed explicit conditions, to access and use the website and services. Furthermore you agree, that any departure from one of these regulations is a breach/ violation of agreement from your side:
a) You agree not to distribute any part or parts of this website through any medium, without us having authorized this in writing beforehand. This applies also – but not exclusively – to any user transmission (as defined below);
b) You agree not to change or modify any part of the website or any of the services (including –without limitation – the assessment/evaluation system and its related technologies);
c) You agree not to access user transmissions (as defined below), or other contents made accessible on this website (including contents of Rhetorican as defined below), any other technologies or means other than the site for video playback of the website itself or such others means, which we explicitly determine for this purpose.
d) You agree not to bypass (or try to do this), turn off, or to impair in any other way the safety-related functions of the website, or other functions which prevent or limit the use, or reproduction of user transmission, or contents of Rhetorican, or guarantee the limitation of usability of the website, or contents accessible through the website.
e) You agree not to use the website or any services for any commercial purpose, without us having authorized this in writing beforehand. The prohibited commercial uses include among others – but not exclusively:
aa) the resale of the access to the website, or any of the services on any other website for the overriding/ priority purpose to gain advertising revenues; and
bb) the further distribution of the services (including any user transmission accessible through these services) for the priority/ overriding purpose, to gain revenues from essentially similar or comparable business enterprises like the ones from Rhetorican.
cc) Not included though is the exercise of a pitch or the introduction of a person/ his/her company/ her/ her product, which primarily serves the purpose of practicing rhetoric and any use, which we explicitly permit you in written form.
f) You agree not to collect and use any individual-related data of any user of the website or any of the services.
g) You agree not to use the website and the service (including the comments and email function of the website) for the initiation of business in context with trade or a commercial business.
h) You agree not to make contact to any user of the website, because of his/her user transmissions, in pursuit of commercial purposes and
i) You agree to gain access to user videos only in from of streaming and evaluation/ assessment and to no other purpose than for strictly personal, non-commercial use and only in a way which is given and permitted through the normal features of the Rhetorican services. ”Streaming“ refers to a simultaneous digital transmission of the material via internet through us onto a user operated web-enabled terminal device in a way that the data is meant for real-time view, but not for (permanent or temporary) download, copying, or saving, or further distribution through the user.
You agree to comply with all other requirements and regulations and the Rhetorican guidelines every time you’re using Rhetorican services.
11.2. Constant upgrading
We constantly upgrade/ update Rhetorican in order to give you the best possible use. You take notice and agree that form and nature of the Rhetorican services might change from time to time without you being given notice beforehand.
11.3. No claim to infinity of user relationship
You take notice and agree that Rhetorican, being part of our constant renewal at solely our own discretion, can terminate (temporarily or permanent) to provide the Rhetorican services to you or users in general, without you being given notice beforehand. You are entitled to terminate the use of Rhetorican at any random time. You don’t have to inform us specifically about the termination of the services.
11.4. Sole responsibility
You agree that you solely are responsible (and that we are not responsible towards you or third parties) in connection with consequences of breach/ violations of your duties and under the regulations (including any loss or damage, which we will experience because of this).
§ 12. Your user transmissions
12.1. Explanations of terms
As owner of a user account with us you can transmit videos (“user videos“) and written comments (“user comments“) (both together: ”user transmission“). You take notice that we don’t guarantee privacy for any user transmissions, no matter if these user transmissions are made publicly.
12.2. Right of ownership for user transmissions
You keep all rights of ownership for your user transmissions. Regardless of this it is necessary that you give us and other users of the website limited rights of use. These are explained further in clause 15 of these regulations (rights which you grant).
12.3. General responsibility of your user transmissions
You take notice and agree that you yourself are solely responsible for your user transmissions and the consequences for your postings or publication. We don’t adopt or confirm user transmissions or the opinions, suggestions or advice included in any of these, and we explicitly exclude any liability in connection with user transmissions.
You ensure and guarantee that you have all necessary licenses, rights, agreements, and permissions (and will have for the entire time of your use of Rhetorican services for this purpose), which are necessary that we can use your user transmission for the purpose of provision for our Rhetorican services in this and other ways, named in these regulations, make use of your user transmissions.
We process every one of your uploaded audio or audiovisual contents in accordance with the Rhetorican data processing conditions (www.rhetorican.de/privacy), except in cases in which you have uploaded these contents for the purpose of carrying out personal or family activities.
§ 13. Responsibility and content of your user transmissions
13.1. Your responsibility
You yourself are solely responsible for the contents, which you upload within our services. We won’t take ownership of these and won’t check them either.
13.2. Outline of forbidden contents
You agree that your conduct when using the website (and the content of all user transmissions through you and your account) is in accordance/compliance with the following and here listed guidelines, where as you have to take note of the following points, which apply to the public speech area, as well as the private one, and the comments, and also must not appear in the background (behind, next to the person, who makes a speech):
a) No uploading/ recording/ writing of dangerous or damaging contents
You are not allowed to upload videos which encourage other users to actions, which might cause substantial damage to them. This includes videos with contents that show possibly unhealthy or dangerous actions or invite to such.
b) No uploading/ recording/ writing of hateful contents and/ or contents which include insults, harassment, slander, cyberbullying and threats
We, from Rhetorican, are a benevolent, intercultural and friendly community. This we also reflect in our video contents, even though we value and observe freedom/expression of speech. Although or respectively because of this it is not okay if contents or expression of opinion are posted through videos and comments in the following manner, which
- support, approve of, or sanction violence against groups or individuals because of race, ethnical origin, religion, disability, age, nationality or sexual orientation, respectively gender identity, which primary sense and purpose it is to stir up hate because of these characteristics,
- have an insulting content, harass and/ or slander/ cyberbully other people,
- is a form of stalking, threat, intimidation or inconsiderate behavior.
- is individual-related data of other people, no matter of what kind, are calls for violence or offence against user conditions.
c) No uploading/ recording/ writing of copyright-protected materials
It is of your own interest, to respect and to comply with the copyright law. Upload videos only, which you have produced yourself and/or to which use you own all necessary rights. Because of this do not upload third person’s videos and also no contents in your own videos, which belong to another person’s copyright, e.g. sequences of copyright-protected materials such as programs, videos, or music produced by others, with the exception, that you have the necessary authority.
d) No uploading/ recording/ writing of alarming contents such as nudity or sexual contents
We do not support pornographic or sexual explicit contents. Should this apply to a content it must not be posted on Rhetorican, even if it shows you personally.
e) No uploading/ recording/ writing of private or professional secrecy
It is of your own interest not to upload anything that reveals private or professional secrets. Here you should pay special attention that nothing of that kind appears in the background, behind or next to the speaking person.
f) No uploading/ recording/ writing of cruel/ brutal or violent contents
It is self-explanatory that violent or cruel contents must not be published in our community. If you present explicit contents, which have a current, historic or documentary informal content, please make sure, to supply sufficient and enough information, so that the viewer can sort it out correctly. You are not allowed to encourage anybody to commit an act of violence, nor are you allowed to sanction or support an act of violence.
g) No uploading/ recording/ writing of contents with fraud, contents for sale, contents containing spam or are spam
You are not allowed to generate misleading descriptions, titles or video contents or to insert links, which should encourage sales on other websites or which advertise your services. The main purpose of this platform is the improvement of rhetoric skills and not the increase of your sales or customer numbers. The only exception is in the academy’s level “the correct presentation“ the chapter “the pitch“. Of course, in this chapter you can introduce and pitch your product, business or service. Please pay attention in your other speeches that, e.g. while introducing yourself, you act according to these guidelines and follow the points named in this paragraph.
13.3. No unlawfulness of the contents
You agree that you do not post or upload user transmission, which possession is illegal in the country where you live, or which use or possession would be illegal in connection with the providing of services through us.
13.4. Explicitly no property rights of others
You agree that you do not post or upload user transmission, which is item of third person’s property rights (including right to secrecy or personal right) if you don’t have a formally valid license or permission by the lawful owner that allows you to post the according materials and the grant of license to us in compliance with§ 14 clause 1 of the GTCs.
13.5. Consequences of violations
If a violation is pointed out to us or did a violation/ breach by you in relation to § 13 clause 1 of this GTC is noticed, we will decide with reference to a proportionality assessment if we only contact you in a written form asking for an explanation, to prevent enabling the visibility of your contribution, to delete your contribution completely, and/ or to give you a warning with detailed reference to your violation/ breach and to order you to stop and/ or to block your account temporarily, respectively to cancel the contractual relationship with you for good cause, in accordance to § 18.3. of these GTCs.
13.6. Report of violations
If any user discovers, or thinks to have discovered a violation of the guidelines, as described in § 13.1., he/ she is entitled and asked to report this content with the button “report“, so we can examine this violation.
13.7. Reserved right by us
We reserve the right, though are not obligated, to decide whether user transmissions meet the requirements for contents, as listed in these regulations. We are entitled at any time, without prior notice and explicitly at our own discretion, to delete such user transmissions which violate these regulations and/ or to block the access of a user necessary to upload user contents.
13.8. Further offensive or indecent contents, which you notice on this platform
You take notice of and agree that while using the website and the services you might be exposed to user transmissions, which are in actual respect untrue, offensive or indecent and can be found irritating by you. You agree that you waive any right and legal remedies against us, you would be entitled to in regard of such user transmission.
13.9 Exemption
In case that you violate § 13.2, § 13.3 and/or § 13.4 of these GTCs and you are responsible for this, if you acted negligently or intentionally, you are obligated to exempt us from such violation against claims of third persons. The exemption also includes the costs of a proper defense. You are obligated to help in case of the clarification of the facts of the conflict. We explicitly reserve the right to exercise claims of compensation and further claims.
§ 14. Rights, which you grant us and other users
14.1. In general
When you upload or post user transmissions, by recording videos, uploading or writing comments you grant
a) us a worldwide, non-exclusive, and at the same time, free of charge license with the right of sublicensing regarding the use, reproduction, distribution, production of derivative works, the exhibition, publication and performance, and the user transmission in connection with making our services available, and further in connection with making the website and our business available, including, but without limitation to advertising, for the further distribution of the complete, or in parts, website and derivative works in the same format based medium on the website and no matter through which distribution platforms;
b) every user of Rhetorican a worldwide, non-exclusive, free of charge license regarding the access to your user transmission through Rhetorican, as well as regarding the use, reproduction, distribution, production of derivative works, the exhibition, publication and performance of user transmission in connection with making our services available and further in connection with making the website through the functionality of Rhetorican, and it’s regulations in the permitted extent, available.
14.2. Expiration of the license granted by you
The licenses for user videos granted by you in § 14.1. expire as soon as you remove your user videos from the website. The, in § 14.1., granted licenses for user comments are unlimited/
indefinite and irrevocable, but apart from that leaves your property rights, as described in § 12.2. unaffected.
§ 15. Our contents on Rhetorican
15.1. In general
All contents on the website – with the exception of user transmissions – are of inclusion, though at the same time without limits of texts, software, script, graphics, photos, sounds, music and interactive elements on Rhetorican, are our property or are licensed to us and are therefore item of trademark/ brand rights, copyrights and other intellectual property rights of ours or of our licensors. All of the trade or service brands connected with us are entitlement of the according owners.
15.2. Limitation/ restriction of contents
For further or other purposes, no matter of which kind, our contents must not be downloaded, copied, reproduced, distributed, transmitted, sent, exhibited, sold, licensed or used in any other way, without written approval beforehand by us or our licensors. We reserve all non-explicitly granted rights for and in regard to our contents.
§ 16. Liability for deficiencies
16.1. Statutory provisions
For claims based on defective/ flawed services apply legal regulations. Your right as user stays unaffected in any case.
16.2. No Guarantee
We don’t give guarantees and/ or assurances/ warranties, that you get the desired result of the rhetoric private or professional training or other results through the use of the according Rhetorican service. We don’t owe you a specific success. Besides, the result of your rhetoric skills is also influenced by factors that cannot be controlled, such as inner self-confidence, the kind of your voice, physical disposition and conditions, and character traits so that the results of two different people, using Rhetorican in the same kind, can vary greatly.
§ 17. Liability
17.1. In general
If you post video recordings and complete exercises and tasks, it is in your responsibility to ensure, that your do not talk about others or say something in general, that violates the standards of German and international law (for example but not exclusively insults, defamation, slander, disclosure of private or professional secrets, etc.).
Because of this, get informed prior to a recording in order not to violate the existing law in your country with your statements.
You are also obligated to ensure, that in your recordings no photos or other video/ audio recordings are visible or audible which violate the existing law of your country.
You are obligated to comply with our references about responsibility of user generated contents in these GTC § 17.
17.2. Liability for rendered free of charge services
We are liable in case of services rendered free of charge, independent on which legal ground, exclusively for damages due to intent and gross negligence and/ or lack of guaranteed characteristics/ properties. We are always unlimitedly liable in cases of intent. In cases of gross negligence and the lack of guaranteed properties our liability is limited to typical foreseeable damage. Otherwise all further liability is excluded.
17.3. Liability for rendered services against payment
We are always unlimitedly liable in cases of services rendered against payment, independent on which legal ground.
In case we violate an essential contractual obligation with minor negligence, then our liability is limited to the typical foreseeable damage. An essential contractual obligation is any obligation, which is necessary for the fulfillment of contractual purpose and on which fulfilment you can rely on as consumer, or should have been able to rely on.
Our liability for a violation, caused by us, of life, body or health is unaffected by the limitations mentioned before.
Otherwise our liability is excluded.
17.4. Liability of our members of staff
To the extent, of which our liability is excluded or limited, the exclusion or limitation also applies in favor to our members of staff and representatives.
17.5. Product liability
Claims according to the product liability law is unaffected by the former listed liability exclusions or liability limitations.
§ 18. Rights of use for Rhetorican contents
All of the digital contents provided by us are copyright or otherwise protected.
As customer you purchase, with these contents, a timely limited and non-transferable right, which we grant you, and you can use in a non-commercial form in the course of the contractual regulations. The right of use expires when your account is no longer activated for the according service (e.g. after cancellation of your premium account) respectively with termination of the user relationship.
§ 19. Contract termination
19.1. Contract of use
You have the right to delete your user account, without the obligation to give reasons, and to terminate your contract of use at any time. For this you have to go to your profile, then to the link subscription“, and then click on ”delete user account”. Please note, that after deleting your user account all of your uploaded user transmissions could be deleted by us and you won’t have access to already acquired contents any more. Should you still have booked an ongoing premium subscription or another additional service, which term has not ended at the point of time of the deletion of your account, it is possible, that an already made payment or parts of it won’t be reimbursed.
We reserve the right, to cancel the contract of use in written form, without giving reasons, with a two weeks notice, yet at the earliest by the end of a minimum term, respectively the according extension of term of a premium subscription chosen by you, or by the end of a single paid additional service.
19.2. Premium subscription
Every premium subscription has to be canceled, if you want to terminate the fee-based term. Without giving reasons you can cancel the according subscription with effect by the end of the minimum term of the according extension period.
On our website www.rhetorican.de and www.rhetorican.net you can cancel the purchased subscription by clicking “subscription“ in your profile on our website and there on the red button “cancel premium subscription”. You can also declare the cancellation of your premium subscription by email via support@rhetorican.de or support@rhetorican.net or by regular mail.
After cancellation of your premium subscription your user account and further subscriptions continue and are subject to further cancellation.
We reserve the right to cancel any subscription by end of the minimum term respectively by end of the extension period with a two weeks notice in written form.
19.3. Termination for serious reason
The right of cancellation for good reason is unaffected for both parties. We especially reserve the right to block your user contract and/or cancel your premium subscription with immediate effect if you severely and repeatedly violate the regulation of the contract of use and/ or of these general terms and conditions, or are late with your payment obligations despite reminder.
Furthermore because of this reason we can cancel the contract by end of the term of the premium subscription if we are of the opinion that Rhetorican is no longer economic and profitable for us or if we are legally obligated (e.g. if a making available of the services of Rhetorican for you in your country is or will be illegal).
§ 20. Data protection
We process your personal-related data in accordance with our data protection regulations, which you can read in each current form www.rhetorican.de/privacy-policy (in German) or www.rhetorican.net/privacy-policy (in English). In these privacy statements it is particularly regulated and explained to which extent your person-related data is visible to other users and which possibilities you have to control the transmission to other users.
In the settings of your profile you have the possibility to control who can see your information (profile, videos and comments, also the user transmissions) (in the so called data protection settings). If you don’t want to provide a video to the public, use the recording function “private speech“ in the academy for your free speech.
Privacy declaration of consent
I agree that from the beginning of my Rhetorican membership, respectively as long as I make /no??? changes to the data protection settings, all Rhetorican users, even without my specific authorization can see my profile, my speech/ feedback/ comment data, my posts, etc. Through this it should be easier, to follow me and/ or to support me along the way through comments and feedback. If I don’t want this anymore, I can change my profile settings to “private“, to delete publically made speeches, and make new speeches in “private“, through which only chosen Rhetorican users have access to the listed information mentioned before. I am aware that I cannot set “private“ for a publically made evaluation/ assessment, the evaluation/ assessment itself by giving stars, and for comments.
§ 21. Online settlement of disputes
The EU Commission provides a platform for extrajudicial/ out-of-court settlements. Consumers have the possibility, to settle disputes in connection with an online purchase order out-of-court/ extra judicially. You can find the dispute resolution platform here:
https://ec.europa.eu/consumers/odr/
Consumer information: non-participation in dispute settlement proceeding.
We are neither willing nor obligated to participate in a dispute settlement proceeding at a consumer conciliation board. You can find our email- address in the imprint.
§ 22. Changes of the general terms and conditions (GTC)
We reserve the right to change and adjust these general terms and conditions if this is required or necessary because of changed legal, official or technical general set-up, and the changes are tolerable, in consideration of your interests in good faith. We will inform you of the changes of the new version of the general terms and conditions the latest two weeks prior to the planned effective date. If you don’t disagree/ object with the validity of the new general terms and conditions within this term/ period and you continue to use Rhetorican, then the new general terms and conditions are accepted. In case of objection/revocation we explicitly reserve the right of proper cancellation. We will point out to you your right of objection separately, the specific term/ period, and the legal consequences of your silence/ keeping silent or your objection.
§ 23. Final provisions
23.1. Applicable law
Between these parties exclusively applies German law under the exclusion of the UN sales law (CISG). In business transaction with consumers within the European Union the law of the consumer’s residence can also apply, where mandatory application of consumer right provisions are concerned.
23.2. Place of jurisdiction
If you don’t have a place of general jurisdiction in Germany, or in another EU country/ EU member state, or you have taken your permanent residence in a country outside the EU, or by the effective date of these general terms and conditions your permanent address, permanent residence at the time of legal action is unknown, then our place of business is exclusive place of jurisdiction for all disputes.
23.3. Severability clause
If single regulations of the general terms and conditions (GTCs) should be or will be invalid/ ineffective in part or in whole, the validity of the other regulations is not affected.
§ 24. Information about us
Rhetorican
A product of MOSOS UG (limited liability)
Am Bahnhof 12
88437 Maselheim
E-mail: info@rhetorican.net
Managing director: Oliver Munz
Registered at the district court – court of trade register – Ulm: HRB 732777
VAT registration number – ID: DE303804040
§ 24 Possibility to print text of contract
If you want to print out the GTC, you’re welcome to do so at any time.
These general terms and conditions are valid from 01. March 2019.
You are currently using your 14-day Premium-Test-Subscription, which will automatically end.
With this trial, you are be able to hold unlimited speeches in the "Free Speech" section and you can make in the "Academy" section the first two Academy Courses "The Basics" and "The intermediate speaker". If you also want to attend the other courses, you need a premium subscription, which you can buy from € 9.99 per month.
Once your premium-membership has expired, you you can watch all the speeches, but only hold a private speech. We wish you lots of fun and many good speeches on Rhetorican!
Your Rhetorican-Team
