Terms of Use

 
Section 1 Person Responsible
Section 2 Subject Matter of the Agreement and Definitions
Section 3 Scope of the Terms of Use
Section 4 Registration / Conclusion of the Agreement
Section 5 Scope of Services
Section 6 Prerequisites Regarding the Customer's System
Section 7 Customer's Obligations
Section 8 Profile Pictures
Section 9 Restrictions Regarding the Obligation to Perform
Section 10 Terms of Payment / Price
Section 11 Right of Withdrawal 
Section 12 Youth Protection
Section 13 Liability
Section 14 Fight Against Unauthorised Reproduction (Anti-piracy)
Section 15 Language of the Agreement                                                                                   
Section 16 Amendments to the Terms of Use
Section 17 Applicable Law
Section 18 Place of Jurisdiction
Section 19 Online Dispute Resolution
Section 20 Final Provision
 
 
Section 1 Person Responsible
 
PANTAFLIX Technologies GmbH
Neue Schönhauser Straße 16
10178 Berlin
Managing director: Dan Maag, Stefan Langefeld
Amtsgericht [district court] Charlottenburg, HRB 172999 B
Value-added tax identification number: DE30401968
(hereinafter referred to as "PANTAFLIX")
 
Section 2 Subject Matter of the Agreement and Definitions
 
PANTAFLIX offers users a video-on-demand service (hereinafter referred to as "VoD Service") at www.pantaflix.com. PANTAFLIX addresses holders of rights (hereinafter referred to as "Holders of Rights") that wish to provide movies, serials and other audio-visual contents (hereinafter referred to as "Contents") to customers for streaming in selected countries/territories. PANTAFLIX provides the Contents of the Holders of Rights, encoded and encrypted, to consumers of full age for streaming.
 
  1. "Streaming" for the purpose of these Terms of Use is the use by the Customer simultaneously with the transmission and without change, where no permanent copy is made on the Customer's terminal device.
 
  1. "Download-to-Rent" is the (intermediate) storage for a limited period of time on the Customer's computer or any other terminal device of the Customer certified by PANTAFLIX for use at a later time or simultaneously with the transmission.
 
  1. "Consumer" is any natural person that enters into a legal transaction for a purpose which is not predominantly attributable to its commercial or self-employed professional activity.
 
  1. "Entrepreneur" is any natural or juristic person or business partnership having legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
 
  1. "Customer/User" for the purpose of these Terms of Use is the Consumer.
 
Section 3 Scope of the Terms of Use
 
These Terms of Use apply to all services offered and provided by PANTAFLIX to a customer of full age. Only these Terms of Use shall apply between PANTAFLIX and the Customer. Other general terms and conditions or terms of use shall not apply even if the Customer communicates them to PANTAFLIX or refers to them in the communication with PANTAFLIX or elsewhere and PANTAFLIX does not reject them. Hence, other general terms and conditions or terms of use shall apply only if acknowledged in writing by PANTAFLIX.
 
Section 4 Registration / Conclusion of the Agreement
 
  1. The services of PANTAFLIX offered at www.pantaflix.com do not represent a binding offer vis-à-vis the Customer to conclude a contract. Rather, they invite the Customer to make a proposal to conclude a contract.
     
  2. In order to use the VoD Service, the Customer is required to provide authoritative information beforehand. This includes the provision of the following:
 
  1. The Customer's e-mail address  
  2. The Customer's first name and surname
  3. The Customer's full (residential) address
  4. The Customer's date of birth (confirmation of legal age, verification of age (AVS, Adult Verification System))
 
  1. A request for use binding the Customer is effected only after he has verified his e-mail address, has entered all data required for the performance of the contract, has acknowledged these Terms of Use and the right of withdrawal and its consequences and has clicked on the "RENT" button.
     
  2. PANTAFLIX reserves the right to reject the Customer's request for use. PANTAFLIX shall not be obliged to conclude a contract because of a request for use. Acceptance shall in each case be effected by PANTAFLIX providing the Contents. This shall not apply where verification of age (AVS) is necessary. The Customer will be informed of the necessity of age verification prior to the completion of the registration process. Where verification of age is necessary, the contract shall be concluded under the condition precedent of completion of the AVS process.
     
  3. PANTAFLIX may accept the Customer's offer within 60 seconds. The period for acceptance of the offer shall start at the second following the sending of the offer by the Customer and shall end upon the expiry of 60 seconds after the sending of the offer.
     
  4. PANTAFLIX reserves the right to reject the Customer's proposal to conclude a contract for use in an individual case if a legitimate interest exists.
     
  5. The information provided by the Customer will be stored as part of the text of the contract and sent to the Customer by e-mail after the dispatch of his request for use, together with a reference to these present Terms of Use and the information about his right of withdrawal. In addition to this, the text of the contract is also archived at www.pantaflix.com and can be viewed by the Customer free of charge in his personal customer account after logging in using his login data. 
 
  1. Before the Customer bindingly makes his request for use using the online order form, he can continuously correct his entries using the keyboard and the mouse.
 
  1. A customer account cannot be transferred.
 
Section 5 Scope of Services
 
  1. After the contract for use has been concluded, PANTAFLIX will provide to Customers who are of full age the encoded and encrypted Contents for streaming.
 
  1. The Contents provided to the Customer by PANTAFLIX are legally protected, in particular by copyrights and ancillary copyrights. Upon conclusion of the contract for use, the Customer is granted only a right to use the Contents within the contractually defined limits for a limited period of time for presentation in non-public areas for non-commercial purposes taking account of the other provisions of the contractual relationship. The Customer is not granted any further rights of use. He is in particular not entitled to edit or modify the Contents in any way whatsoever.
 
  1. In the case of single retrieval by means of streaming, the Customer may, after conclusion of the contract, start playback within a period of 30 days. After the first playback, the Customer can retrieve the Contents from the server for playback any number of times within a period of 48 hours without saving them (except for temporary intermediate storage in the cache) and view them on a terminal device, provided that the first playback takes place within the 30-day period. Upon expiry of one of the time limits stated, the Customer must conclude a new contract for use.
 
  1. All productions are encrypted with a Digital Rights Management System (DRM) to ensure distribution of the digital Contents is secured in the best possible way as regards access and use.
 
  1. The Contents available through the VoD Service may be different for each region and country and change frequently due to different licencing. The territorial restrictions regarding the use of the Contents provided by PANTAFLIX are guaranteed by means of geo-blocking, taking account of the statutory regulations.
 
Section 6 Prerequisites Regarding the Customer's System
 
To use the VoD Service, the Customer must have an internet connection provided by any provider. The Customer is aware that considerable additional costs may be incurred when using the VoD Service via the internet, in particular in the case of rates based on time or volume. These costs have to be borne by the Customer. It is the Customer's responsibility to obtain information from his provider about any additional costs and to ensure that his terminal device meets the respective technical system requirements, in particular for downloading Contents (z. B. software version, download manager). The display quality of the streamed Contents may be different on different computers and on different devices and may depend on various factors such as location, available bandwidth and/or speed of the internet connection. The minimum speed for standard resolution is 0.6 Mbit/s. PANTAFLIX recommends a flat-rate broadband internet connection with a minimum of 2 Mbit/s. Bandwidths lower than recommended allow use of the VoD Service only with a considerable loss of quality. The same goes where individual media of the VoD Service are intended for use with higher bandwidths. To receive HD Contents - defined as 720p or higher - PANTAFLIX recommends a minimum download speed of 5.0 Mbit/s.
 
Section 7 Customer's Obligations
 
  1. The Customer is responsible for the accuracy of the data he enters. The Customer assures that the information requested upon registration as per Section 4 is true. Any change of this data shall be communicated by the Customer himself, if this is possible, online at "Profiles".
     
  2. The Customer must not disclose code words/passwords to a third party. The Customer must keep them safe and protected against being accessed by a third party. Should there be any reason to assume that unauthorised persons have gained knowledge of the code word/password, the Customer shall without delay change the code word/password. On digital media, code words/passwords must be stored only in encrypted form. Any commercial resale or leasing of the services of PANTAFLIX to third parties is prohibited.
     
  3. The Customer must not misuse the VoD Service. In particular, he must
 
a. not manipulate the digital key provided for decoding and playback of the Contents;
b. not circumvent the territorial restrictions of use (geo-blocking) of the Contents provided (e.g. circumvention by means of VPN client or tunnel);
c. use the Contents retrieved exclusively for presentation in non-public areas for non-commercial purposes and not publicly present them or make them publicly accessible or transmit, edit, copy, spread, distribute, publicly play back or advertise them or support such kind of use or otherwise use them in any form outside the contractually defined purpose;
d. use the Contents retrieved exclusively in compliance with national and international copyright regulations in the context of the rights of use granted;
e. not alter the copyright and intellectual property right notices;
f.   present Contents to children or juveniles, allow them to present Contents or make Contents accessible to them only if such Contents have the appropriate age rating for the respective age group.
 
Section 8 Profile Pictures
 
  1. The Customer may add a profile picture to his user profile. The Customer warrants that all subjects, photographs and works used for this are free from third-party rights, in particular that he has acquired the rights from all authors, ancillary copyright holders or other entitled persons that are necessary for such use and that no agreements with third parties exist that are contrary to the permitted use of the rights of use transferred.
 
  1. The Customer undertakes to not publish and/or permit to be published any Contents that infringe on the rights of a third party or otherwise violate existing law. It is prohibited to even store any content at www.pantaflix.com that is pornographic, glorifying violence, right or left wing extremist or immoral. PANTAFLIX is entitled and obligated to block access to the VoD Service in such a case and to remove the relevant contents. The same shall apply in the event that any Customer stores subjects that are suitable to offend a third party's honour or to insult or denigrate a person or group of persons. The same shall apply where an actual legal claim does not exist. Any breach by the Customer also entitles PANTAFLIX to termination without notice.
 
Section 9 Restrictions Regarding the Obligation to Perform
 
In the event of a substantial breach of duty by the Customer and in the case of justified considerable suspicions of a substantial breach of duty, PANTAFLIX shall be entitled to withhold the respective service or the availability of the functionality to which the breach relates by blocking the Customer's use thereof. PANTAFLIX shall promptly resume the service if it is found that the suspicions were unfounded and/or if there is no substantial breach of duty by the Customer. PANTAFLIX shall ensure that the Customer can use the agreed service as agreed in the contract for use. PANTAFLIX's right of termination for an important reason shall not be affected.
 
Section 10 Terms of Payment / Price
 
  1. The Customer undertakes to pay the respective usage fee/price for a fee-based service. The usage fee stated is the total price and includes the applicable statutory value-added tax. The usage fee falls due immediately upon provision of the service, unless otherwise provided below.
 
  1. The Customer can use various means of payment which are stated on the respective page where the service is offered. The usage fees may be paid using these permitted means of payment.
 
  1. The Customer shall have a right of set-off only to the extent that his counterclaim towards PANTAFLIX has been determined without further legal recourse, is not disputed or is acknowledged. This shall not affect the right of retention, in particular the defence of lack of performance of the contract.
     
  2. In the event of default in payment, the statutory regulations shall apply. In the event of blocking due to a substantial breach of duty, the duty of payment shall continue to exist and further claims may be raised based on default in payment.
     
  3. The Customer shall be liable to pay also those usage fees that are incurred because a third party has retrieved Contents via the Customer's connection or using the Customer's passwords, provided the Customer is responsible for such use.
 
Section 11 Right of Withdrawal 
 
Consumers as a rule have a right of withdrawal. More information about their right of withdrawal is provided in the PANTAFLIX Information About Your Right of Withdrawal, available  here.
 
Section 12 Youth Protection
 
1.  PANTAFLIX exclusively addresses persons of full age. These are given access to Contents that address certain age groups. The website www.pantaflix.com is protected by the officially supported standard for the voluntary age labelling of online contents (also called "Age-de.xml-Labeling"). This technical age labelling can be read by youth protection software, so that unsuitable Contents will not be displayed. This gives parents the technical means required for using free youth protection software. Hence, parents can decide themselves which Contents shall be accessible to their children. Mobile apps carry an "FSK" marking [voluntary self-regulation of the German movie industry]. To restrict access in the mobile area, the Customer can use the parental controls of Google, Apple or Microsoft.
 
2.  The Customer is obligated to ensure that persons under the age of 18 are not given access to the VoD Service. To do this, access by persons under the age of 18 must be prevented to a reasonable extent. If there is reasonable suspicion, PANTAFLIX shall be entitled to block the use. Apart from this, Section 6 of these Terms of Use applies.
 
3.  PANTAFLIX reserves the right to offer development-impairing Contents with transmission time restrictions, to program the relevant websites for a recognised youth protection program or to restrict access to them by an AVS or a youth protection PIN.
 
Section 13 Liability / Liability for Defects
 
PANTAFLIX shall be fully liable as follows for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses irrespective of the legal basis:
 
  • In case of wilful intent or gross negligence
  • In case of injury to life, body or health caused by wilful intent or negligence
  • On account of a guarantee commitment unless provided otherwise
  • On account of compulsory liability such as pursuant to the Produkthaftungsgesetz [German Product Liability Act]
 
Should PANTAFLIX negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless where unlimited liability applies under the preceding provision. Material contractual obligations are obligations imposed on PANTAFLIX by the contents of the contract in order to achieve the purpose of the contract, fulfilment of which enables performance of the contract in the first place and compliance with which the Holder of Rights may usually rely on.
 
Apart from this, liability on the part of PANTAFLIX is excluded. The above liability provisions also apply with respect to PANTAFLIX's liability for its vicarious agents and legal representatives.
 
Apart from this, the statutory regulations of the BGB [German Civil Code] regarding liability for defects shall apply.
 
Section 14 Fight Against Unauthorised Reproduction (Anti-piracy)
 
1.  The Contents available from PANTAFLIX are legally protected, in particular by copyrights and ancillary copyrights. PANTAFLIX will proceed against unauthorised reproduction (piracy) jointly with the artists and other Holders of Rights.
 
2.  Unauthorised passing on of Contents via a peer-to-peer network, e.g. unauthorised posting, making available, uploading, downloading or other distribution of Contents, and/or supporting such actions are expressly prohibited and may result in extraordinary termination of the contract and claims for compensation.
 
3.  Where PANTAFLIX has probable cause to assume that the Customer infringes on the rights of third parties in the context of the use of the VoD Service and/or other services of PANTAFLIX (e.g. illegal offering of protected Contents on the internet at "file-sharing sites", p2p networks, on data carriers, infringement of the Digital Rights Management System, also by removing copyright notices etc.) PANTAFLIX shall be entitled to block the Customer permanently. This shall not affect the right of termination for an important reason. 
 
Section 15 Language of the Agreement
 
The language of the agreement is English.
 
Section 16 Amendments to the Terms of Use
 
PANTAFLIX reserves the right to amend these Terms of Use at any time without stating a reason. The amended provisions shall be sent to the Customer by e-mail not later than four weeks before they come into force. Should the Customer not object to the validity of the new Terms of Use within a period of four weeks after receipt of the e-mail, the amended Terms of Use shall be deemed to have been accepted. In the e-mail, PANTAFLIX shall separately point out to the Customer the possibility of the objection and the significance of the four-week period.
 
Section 17 Applicable Law
 
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other international conventions, even after their incorporation into German law. Vis-à-vis consumers, this choice of law shall apply only to the extent that the protection granted is not precluded by mandatory legal regulations of the country where the customer has its habitual abode.
 
Section 18 Place of Jurisdiction
 
  1. For business transactions with merchants, corporate bodies under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered seat of PANTAFLIX GmbH. The same shall apply if the Customer has no place of general jurisdiction in Germany or the EU or if its place of residence or habitual abode are unknown at the time an action is brought. This shall not affect the authority to also invoke a court at another legal place of jurisdiction.
 
  1. For users who are consumers, a place of jurisdiction shall be at the user's respective place of residence.
 
Section 19 Online Dispute Resolution
 
If they have a complaint against PANTAFLIX, European Customers may at any time turn to the European Platform for Online Dispute Resolution (so-called "OS Platform") in consumer affairs, at the following link: http://ec.europa.eu/consumers/odr/.
 
Section 20 Final Provision
 
The parties hereto hereby agree on the requirement of the text form for their business relationships.