PANTAFLIX B2C Usage Terms
 
Section 1 Responsible Persons
Section 2 Contract Object and Definitions
Section 3 Applicability
Section 4 Registration and Agreement Conclusion
Section 5 Service Scope and Rights Granting
Section 6 End Customer System Requirements
Section 7 End Customer Obligations
Section 8 User Content
Section 9 Service Suspensions
Section 10 Usage Fees / Payment Conditions
Section 11 Withdrawal Rights
Section 12 Youth Protection
Section 13 Liability
Section 14 Contract Duration
Section 15 Contract Language
Section 16 Usage Term Changes
Section 17 Online Dispute Resolution
Section 18 Final Provisions
 
 
Section 1 Responsible Persons
 
PANTAFLIX Technologies GmbH
Neue Schönhauser Straße 16
10178 Berlin, Germany
Managing Directors: Christoph Urban, Stefan Langefeld
Berlin-Charlottenburg Local Court, HRB 172999 B
VAT ID: DE30401968
(hereafter referred to as "PANTAFLIX")
 
Section 2 Contract Object and Definitions
 
  1. PANTAFLIX offers video-on-demand services (hereafter referred to as "VOD services") that allow end customers to use selected movies, series and other audio-visual content (hereafter referred to as "content") worldwide or in certain countries through VOD (TVOD and EST) in exchange for a fee.
 
  1. Definitions:
 
"VOD" shall mean the exploitation of content by making it publicly available in the sense of Section 19a of the German Copyright Act [Urheberrechtsgesetz, UrhG], i.e., the right to make productions available to members of the public on demand.
 
"TVOD" (also referred to as transactional VOD or pay-per-view VOD) shall mean the fee-based VOD exploitation of content for temporary use by the end customer (including offline use after download) in accordance with these Usage Terms.
 
"EST" (electronic sell-through) shall mean the fee-based VOD exploitation of content made available to end customers for temporary use in accordance with these Usage Terms.
 
"Consumer" shall mean every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
 
"End customers" in the sense of these Usage Terms shall exclusively mean consumers who are of age.
 
Section 3 Applicability
 
  1. These Usage Terms shall apply to all VOD services offered and services performed by PANTAFLIX for end customers.
 
  1. Contrary or additional terms and conditions of end customers shall not apply, unless recognized by PANTAFLIX in writing.
     
Section 4 Registration and Agreement Conclusion
 
  1. Use of the VOD services shall require the conclusion of a framework agreement for use of the VOD services in accordance with the regulations of these Usage Terms (hereafter referred to as the "framework agreement"). For this, the end customer must first correctly and completely enter the data required by PANTAFLIX's registration form. The framework agreement shall then be concluded through the registration of the respective end customer for PANTAFLIX's VOD services. The registration and conclusion of the framework agreement shall be confirmed to the end customer by email.
 
  1. The conclusion of an agreement between PANTAFLIX and an end customer for use of the content offered through the VOD services (hereafter referred to as a "usage agreement") shall require the complete and correct entry of additionally requested data through the input screen provided by PANTAFLIX and the completion of any required age verification procedures by the end customer (if age verification is required, the end customer's offer to conclude a usage agreement shall be conditional on the successful completion of the age verification procedure). A usage agreement shall only be concluded through the activation of the respective content by PANTAFLIX. The activation and conclusion of a usage agreement shall be confirmed to the end customer by email.
 
  1. The end customer's offer to conclude a framework agreement shall be binding for the end customer. PANTAFLIX shall not be required to accept an end customer's offer for the conclusion of a framework agreement.
     
  2. The data provided by the end customer for the conclusion of a framework agreement and usage agreement shall be saved and may be accessed by the end customer through his user account. In addition, the text of the agreement shall be sent to the end customer by email after the conclusion of a framework or usage agreement.
 
  1. The end customer may correct his entries for the conclusion of a framework or usage agreement through keyboard and mouse functions at any time. In addition, PANTAFLIX shall provide technical means to the end customer for customary completeness and plausibility controls and that allow input errors to be recognized and corrected when entering data (e.g., checking whether all required fields were completed and whether characters are appropriate for the respective fields).
 
  1. PANTAFLIX may obtain any information and, if applicable, take any measures required for determining the end customer's Member State of residence in accordance with Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market.
 
Section 5 Service Scope and Rights Granting
 
  1. After the conclusion of a usage agreement, PANTAFLIX shall provide the respective content to the end customer via TVOD or EST—depending on the content of the usage agreement—for retrieval.
 
  1. Usage agreements for retrieval via TVOD shall allow the end customer to use the content as follows:
 
  1. The end customer may first play back the content for direct playback through the VOD services, i.e.,—except for so-called buffering—without interim storage on the end customer's terminal device, within 30 days of the conclusion of the usage agreement (online availability). If labeled accordingly on the VOD service, the end customer may first download the content onto a final device authorized by PANTAFLIX within the stated 30-day period for subsequent playback without being connected to the internet (offline availability). For offline availability, the initial playback shall only be possible for 30 days after the conclusion of the usage agreement.
 
Contrary to the above-stated regulations—and unless labeled otherwise by the VOD services—, content purchased uniformly as part of a season of a series may initially be downloaded and played back for 180 days after the conclusion of the respective usage agreement.
 
  1. After the first playback, the end customer may replay the content as often as desired for 48 hours.
 
  1. After the expiration of one of the periods stated in Subsections a. and b. above, the content may no longer be downloaded or played back.
 
  1. The end customer shall merely be granted the non-exclusive, non-transferrable and non-sub-licensable right to (i) reproduce and save and (ii) play back the content for private and non-commercial purposes in accordance with the above-stated regulations for the periods specified in Subsections a. and b. Further usage rights shall not be granted to the end customer. The end customer may especially not permanently save the content in whole or in part, reproduce the content beyond the above-stated extent, edit the content or use the content for commercial purposes.
 
  1. Usage agreements for retrieval via EST shall allow the end customer to use the content as follows:
 
  1. The end customer may playback the content through the VOD services for direct display without temporal limitations, i.e.,—except for so-called buffering—without interim storage on the end customer's terminal device (online availability).
 
  1. In addition, the end customer may download the content for permanent storage on a terminal device authorized by PANTAFLIX and that is also covered by the usage agreement and may playback the downloaded and permanently saved copy as often as desired. Unless expressly excluded from the content of the respective VOD services, the end customer may also download the content onto other terminal devices authorized by PANTAFLIX through his user account.
 
  1. The playback and download of the content shall require the PANTAFLIX application on an end customer's terminal device authorized by PANTAFLIX and a user account.
 
  1. The end customer shall merely be granted the non-exclusive, non-transferrable and non-sublicensable right to (i) reproduce and save and (ii) play back the content for private and non-commercial purposes in accordance with the above-stated regulations for the periods specified in Subsections a. and b. Further usage rights shall not be granted to the end customer. The end customer may especially not permanently save the content in whole or in part, reproduce the content beyond the above-stated extent, edit the content or use the content for commercial purposes.
 
  1. The terminal devices authorized by PANTAFLIX may be found on the VOD service: https://www.pantaflix.com/en
 
  1. Territorial usage restrictions of the content provided by PANTAFLIX shall be technically enforced through geo-blocking under adherence to any applicable legal requirements (especially Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market).
 
  1. User accounts shall be non-transferrable and may not be used by third parties.
 
Section 6 End Customer System Requirements
 
  1. End customers need an internet connection and a terminal device that can connect to the internet (e.g., PC, Mac, smartphone or tablet) to use these VOD services.
 
  1. The end customer shall be responsible for ensuring that his terminal device fulfills the technical system requirements, especially for high-resolution displays, if applicable, and downloading content. The presentation quality of the content may vary between terminal devices and depend on various factors, such as how up to date the operating system and browser are or the location, available bandwidth and/or speed of the internet connection.
 
  1. Use of the VOD services through the internet may lead to additional costs for end customers, especially in case of time or volume-based rates. PANTAFLIX therefore recommends so-called flat rates. To receive content in standard definition (SD), PANTAFLIX recommends a broadband Internet connection with (actual) download speeds of at least 2 Mbit/s. To receive content in high definition (HD), PANTAFLIX recommends an (actual) download speed of at least 5.0 Mbit/s. Bandwidths below these recommendations will only allow limited use of these VOD services with significant loss of quality.
 
Section 7 End Customer Obligations
 
  1. The end customer must notify PANTAFLIX about any changes to the data provided by him, especially for the registration (Section 4.1) or conclusion of a usage agreement (Section 4.2), without delay by changing the personal data on his user account. If changes cannot be made through the user account, the end customer must notify PANTAFLIX through the provided contact form. The end customer shall assure that any statements submitted to PANTAFLIX are truthful.
 
  1. If the end customer does not provide the information required and requested by PANTAFLIX for determining his Member State of residence in accordance with Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market or does not provide this information completely or truthfully or fails to cooperate accordingly so that PANTAFLIX cannot determine his Member State of residence, the end customer may not use the content across borders in the sense of the stated regulation. For clarification: Any rights to use the content in countries other than the end customer's Member State of residence granted by the concluded usage agreements shall remain unaffected.
     
  2. The end customer must protect his user account from third-party access. The end customer may especially not provide his access data (particularly passwords) to third parties and must save it where it cannot be accessed by third parties. Passwords should be changed regularly. In case of reason for suspicion that third parties may have learned the end customer's password or otherwise obtained access to the end customer's user account, the end customer must notify PANTAFLIX through the provided contact form and change his password without delay.
     
  3. The end customer may not abuse these VOD services; he may especially not
 
  1. commercially rent or sell PANTAFLIX services to third parties;
  2. manipulate the digital key for decrypting and playing content;
  3. circumvent territorial usage restrictions (especially through geo-blocking) for the provided content (e.g., via VPN client or tunnel);
  4. change copyright notices;
  5. use the retrieved content without consideration of applicable laws or the rights granted by the respective usage agreement and these Usage Terms, i.e., the end customer may especially not (i) use the content for commercial purposes, (ii) publicly display the content, (iii) make the content publicly available, (iv) transfer the content, (v) edit the content, (vi) reproduce the content (beyond what is permitted), (vii) disseminate the content or (viii) distribute the content;
  6. show or otherwise make content not approved for their age group available to children or youths.
 
Section 8 User Content
 
  1. The end customer may add a profile image to his user account. The end customer shall assure that the images, pictures or works he uses do not infringe on third-party rights and, especially, that he acquired the rights required for use from the respective authors, performance rights holders or other authorized recipients and that no agreements with third parties exist that may prevent such use.
 
  1. If PANTAFLIX allows the end customer to publish additional content (e.g., through the comment function) on the VOD services, the end customer may not publish and/or have content published that may violate third-party rights and/or their honor, insult or defame persons or groups of persons or otherwise violate applicable laws. Any providing of such content, especially content that is pornographic, glorifies violence, constitutes right- or left-wing extremism or is contrary to accepted principles of morality, shall not be permitted on the end customer's user account. In case of such violations, PANTAFLIX may temporarily block the end customer's access to VOD services and remove any such content.
 
Section 9 Service Suspensions
 
  1. In case of severe breaches of duty by the end customer (e.g., payment default) or justified significant suspicions of severe breaches of duty, PANTAFLIX may, within legal regulations, suspend the respective service or availability of the functionality affected by the breach of duty.
 
  1. PANTAFLIX shall resume its services without delay if the suspicions prove to be unfounded and/or no severe breaches of duty by the end customer occurred. PANTAFLIX shall ensure that the end customer can use the agreed services according to the concluded usage agreement. PANTAFLIX's right to termination for an important reason shall remain unaffected.
 
Section 10 Usage Fees / Payment Conditions
 
  1. The end customer must pay the usage fees for the content and respective usage type stated on the respective offer pages. The stated usage fee shall constitute the total price and include VAT. The usage fee shall immediately become due upon the providing of the content.
 
  1. Several payment methods shall be available to the end customer and will be stated on the respective offer pages. Usage fees may only be paid through these authorized payment methods.
 
  1. The end customer may only exercise offsetting rights if his counterclaims against PANTAFLIX have been legally established and are uncontested or recognized. Rights of retention, especially the defense of contractual non-fulfillment, shall remain unaffected.
     
  2. Usage fee payment obligations shall also apply if third parties use content through the end customer's user account and the end customer is responsible for such use.
 
Section 11 Withdrawal Rights
 
Consumers shall be entitled to withdrawal rights. Further information about withdrawal rights shall be provided in PANTAFLIX's Withdrawal Rights Notice which can be found here: https://www.pantaflix.com/en/retraction
 
Section 12 Youth Protection
 
  1. PANTAFLIX is only aimed at people who are of age. The end customer must ensure that no persons under the age of 18 receive access to VOD services through his user account.
 
  1. VOD services shall be protected through a standard for voluntary age labeling of online content (also referred to as "Age-de.xml-Labeling"). This technical age labeling may be read by an appropriate youth protection software to provide an additional technical opportunity for the end customer to protect the content from unauthorized access by minors.
 
  1. PANTAFLIX shall reserve the right to provide temporary offers that may restrict development, make VOD services available for other youth protection programs or to restrict their access through an AVS or youth protection PIN.
 
Section 13 Liability
 
  1. PANTAFLIX shall be unlimitedly liable for any contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses, for any legal reason, in case of:
 
  1. Intent or gross negligence,
  2. Intentional or negligent injuries to life, limb or health,
  3. Guarantee promises, if not regulated otherwise,
  4. Mandatory liability, e.g., under the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG].
 
  1. If PANTAFLIX negligently violates an essential contractual obligation, PANTAFLIX's liability shall be limited to foreseeable damages typical to the contract, unless unlimited liability applies under the above-stated regulations. Essential contractual obligations shall be obligations to which PANTAFLIX is subjected by the content of the contract to achieve the contractual aims and on whose fulfillment orderly contract implementation depends and on whose adherence the rightsholder may regularly rely.
 
  1. Apart from that, PANTAFLIX's liability shall be excluded. The above-stated liability regulations shall also apply to PANTAFLIX's liability for its vicarious agents and legal representatives.
 
Section 14 Contract Duration
 
  1. The framework agreement shall be concluded for an indefinite period. It may be terminated by the end customer at any time without stating reasons. The end customer may terminate the framework agreement by deleting his user account or notifying PANTAFLIX through the contact form.
 
  1. PANTAFLIX may terminate the framework agreement in writing (email shall suffice) at any time with a two-week notice period. If the end customer concluded a usage agreement about the retrieval of content via EST, PANTAFLIX may, contrary to the above-stated regulations, only partially terminate the framework agreement if the retrieval of content via EST is not impaired.
 
  1. The durations specified in Section 5.2 and Section 5.3 of these Usage Terms shall apply to usage agreements.
 
  1. Termination rights for an important reason shall remain unaffected. For PANTAFLIX, an important reason shall especially be present if the end customer violates Section 7.3 or Section 7.4 of these Usage Terms.
 
Section 15 Contract Language
 
The following languages shall be available for contract conclusion: German, English.
 
Section 16 Usage Term Changes
 
  1. PANTAFLIX may change less substantial regulations of these Usage Terms at any time and without stating reasons if doing so does not alter the overall contractual relationship. Substantial regulations shall mean regulations that determine the type, scope, duration and termination of the contractually agreed services.
 
  1. PANTAFLIX may also change regulations of these Usage Terms if required for removing difficulties with the implementation of the contractual relationship due to regulatory gaps that occur after contract conclusion. This may especially be required in case of technical developments, legal changes or similar significant reasons.
 
  1. The changed Usage Terms shall be sent to the end customer by email at least four weeks prior to entering into effect. If the end customer does not object to the new Usage Terms within four weeks of receipt of the email, the changed Usage Terms shall be considered to have been accepted. PANTAFLIX shall note the end customer's right to object and the significance of the four-week period separately in the email. Should the end customer exercise his right to object, the change request shall be rejected and the contractual relationship shall be continued under its original conditions.
 
Section 17 Online Dispute Resolution
 
  1. Due to legal regulations, irrespective of our participation, we are required to inform you that the European Commission established an online platform for out-of-court consumer dispute resolution. This platform can be found at http://ec.europa.eu/consumers/odr/.
 
  1. We will not and are not required to participate in any dispute resolution proceedings before a consumer conciliation body in the sense of the German Act on Alternative Dispute Resolution in Consumer Matters [Gesetz über die alternative Streitbeilegung in Verbrauchersachen, VSBG]. Our email address is: info@pantaflix.com.
 
Section 18 Final Provisions                                                                           
 
  1. Any legal relationships between the Parties shall be governed by the law of the Federal Republic of Germany. The UN Sales Convention (CISG) shall not apply. This legal form shall only apply to consumers if the provided protection is not withdrawn through legal regulations of the state in which the consumer has his habitual residence.
 
  1. Changes to the framework agreement, usage agreement or these Usage Terms must be issued in written form; this shall also apply to changes and additions to these Usage Terms, including this written form clause. Oral or written side agreements do not exist. Section 126(3) of the German Civil Code [Bürgerliches Gesetzbuch, BGB] shall apply.
 
  1. Should individual regulations of these Usage Terms prove to be wholly or partially invalid, the validity of the remaining regulations shall remain unaffected.