Terms & Conditions
for the use of the online platform „Panfu“ (www.panfu.com), a product of
District Court Charlottenburg, HRB 110809 B
Updated: 3 May 2011
- Area of Application
- goodbeans GmbH (hereinafter referred to as GOODBEANS) is operator of the online portals Panfu (www.panfu.com) and Oloko (www.oloko.com). Members and users of the services provided on these platforms will hereinafter be referred to as „users“.
- GOODBEANS delivers all services to the user exclusively based on these Terms and Conditions (hereinafter „Terms and Conditions“). These regulate the use of the services on Panfu, provided by GOODBEANS, as well as the relationship between GOODBEANS and the users of the service.
- The Terms and Conditions apply to all content, functions, tools and other services (hereinafter summarised as services) that GOODBEANS provides through Panfu. In addition to the Terms and Conditions, the Data Protection Statement as well as the „Conditions of Participation in Competitions“ for the participation in competitions apply. GOODBEANS urges all users and all parents to read the „Code of Conduct“ of goodbeans GmbH carefully and act accordingly.
- Prerequisite for the conclusion of a contract is that you are of legal age or act with the consent of your legally authorised representatives (e.g. example parents).
- The contractual partner of GOODBEANS is authorised to create a user account for themselves or another person and to grant this person („user“) the authorisation to use the services provided. If the use of the services is granted to another person through the contractual partner, especially an underage person, it lies within the responsibility of the contractual partner to ensure that all obligations that arise from these Terms and Conditions are fulfilled by that person and the contractual partner is also to be held liable for the behaviour of this person towards GOODBEANS. Apart from that, the clauses 9.5, 10.1 and 7.5 and 7.6. apply. A user account is non-transferable.
- With the use of the services offered and respectively with the registration to Panfu, the user accepts these Terms and Conditions. Conflicting Terms and Conditions, explicitly also potential Terms and Conditions of users, are herewith explicitly rejected. They only apply if GOODBEANS has expressly and in written form agreed to them. In particular, the mere omission of a rejection on the part of GOODBEANS regarding other Terms and Conditions does not imply that these were agreed upon.
- The Terms and Conditions are available for the user on www.panfu.com via the link „Terms and Conditions“ at any point in time.
- GOODBEANS reserves the right to change these Terms and Conditions in the future. In this case, GOODBEANS will notify you of any changes to the Terms and Conditions via email in advance and point out that the changes are considered accepted, unless you object to them within four weeks, or if you use the service again after being notified of the change of Terms and Conditions. If the customer objects to the changes, GOODBEANS is entitled to terminate the contractual relationship with immediate effect.
- Our services may contain links to other websites. We make an effort only to display links on websites that, at the point of linking to them, have been deemed safe. However, GOODBEANS does not have any influence on the content of the linked pages and the contents of the linked websites can therefore be changed without our knowledge. We would like to point out that we do not continuously monitor the contents of the linked websites. We do not comply with the contents which will be available on or via such sites or sources and deny any liability or guarantee for these. For the content of external or embedded pages, the Terms and Conditions of the respective providers apply.
- Technical Requirements
- To use Panfu, you will need a computer with internet access, an internet connection as well as browser software. For the use and playback of the contents, your computer has to be equipped with the necessary output devices (sound card, speakers, etc.), as well as appropriate software.
- Creating the required technical conditions is the sole responsibility of the user. GOODBEANS would like to point out that through use of the internet, further costs and fees charged by third parties may be incurred (e.g. supply of internet access, connection charges). GOODBEANS recommends the use of a broadband connection that charges for connection in a lump sum („flat rate“).
- Service Description
- Within the scope of technical and operational limitations, GOODBEANS grants access to the services it provides on the internet to the users. In this context, the user receives simple, non-transferable usage rights to the services provided within the scope of these Terms and Conditions.
- Services on Panfu are constantly updated, modified and expanded on. The user therefore receives usage rights to the specific service only within the current version. The user has no claim to an update of the respective game. The user does not have a claim towards GOODBEANS to provide certain functions and to continuously keep them available.
- The use of the services rendered within the context of these Terms and Conditions through GOODBEANS for profit-making purposes or other commercial purposes is not permitted.
- Usage and Contract Conclusion
- GOODBEANS offers its services exclusively to consumers within the meaning of § 13 BGB (German Civil Code). Contracting parties can only be persons who (i.) are no less than 18 years old, (ii.) whose legal representatives have agreed to the usage or (iii.) who are 7, but not yet 18 years old and who pay for the contractual services through means provided to them for this particular purpose or for use at their discretion by their legal representative or, with their consent, by a third party.
- In order to use the services provided on Panfu, users have to register a user account on Panfu.
- The user account will only be created on the condition that the user fills in all data fields that are marked as required within the registration form completely, truthfully and accurately, accepts the validity of the Terms and Conditions and agrees to the data storage and use as detailed in the Data Protection Statement.
- On registration, the user enters a first (free) contractual relationship with GOODBEANS, regulated by these Terms and Conditions.
- By ordering cost-related content (referred to as „Gold Membership“), the registered customer enters another contractual relationship with GOODBEANS which is separate from the registration and is also regulated by these Terms and Conditions. The user is notified of the cost of the service and the current applicable prices and terms of payment prior to the conclusion of this contractual relationship. This additional contractual relationship regarding payable services is created when the customer accepts the payment obligation by clicking on the confirmation field on the corresponding web page.
- Every user needs to have a valid email address to register a user account. After you have completed the registration process, GOODBEANS will confirm the conclusion of contract by sending an email to the email address that you provided during the registration process.
- The contract is concluded only when the confirmation email has been sent to you. GOODBEANS will store your contractual data in accordance with the regulations governing the protection of data and send the articles of agreement along with the confirmation email in accordance with clause 4.6. You can access your contractual data at any point in time via the My Account section. The provision of the email address only serves to confirm the user account and for GOODBEANS to establish contact with the customer, the email address will not be forwarded to other GOODBEANS users.
- Legally binding statements (e.g. changes in conditions of participation, cancellation or other notifications) may be sent to the member via email, using the email address provided during the registration process. These statements shall be considered delivered if they are accessible in the email inbox under normal conditions. Member access is password protected. At registration, the user is obligated to choose a safe password (at least 6 characters in length, consisting of letters, numbers and special characters). The user is obligated to keep their password secret and not to forward it to third parties. In this context, GOODBEANS points out that its employees will not ask a user for their password at any point in time, neither during conversations/telephone conversations, nor via email.
- The user is obligated to notify GOODBEANS immediately, if they become aware of unauthorised third parties having knowledge of their password. If, through the negligence of users, third parties should use the Panfu services with their password, the users shall be personally liable for any damages incurred to GOODBEANS.
- Availability and Functionality
- GOODBEANS strives to keep Panfu accessible 24 hours per day and 7 days per week. Because of maintenance work or technical issues of e.g. communication networks, it is possible that access to Panfu will be either temporarily limited or interrupted completely. GOODBEANS therefore does not assume any liability or guarantee for the uninterrupted availability or the uninterrupted usability of Panfu.
- The Panfu chat is accessible to members on weekdays from 3 pm to 10 pm German time and on the weekends from 12 pm (noon) to 10 pm. Outside of these hours, the Panfu chat is either not available at all or only in a limited fashion.
- GOODBEANS strives for smooth operation, efficient functioning and functionality of Panfu. However, the user accepts that software is never free of errors and that technical errors can not be excluded generally. The user also acknowledges that for communication over the internet, various computers with various software in various configurations interact, which generally causes difficulties in terms of smooth functionality. That is why GOODBEANS does not accept liability or guarantee for the function or functionality of Panfu, potentially offered downloads therein and for the error-free operation of the hardware and software used for and by Panfu.
- In principle, the use of Panfu is free. If additional services and features are used on the online portal, a paid membership (Gold Membership) is required. The usage charges as well as the scope of the chargeable services provided by GOODBEANS result from the Prices and Benefits that are valid at the time of conclusion of the respective contract. Prices and Benefits can be accessed at: (www.panfu.com/legal-information/preise-und-leistungen.html). Term-dependent payments are to be made in advance. Due fees are exclusively payable through the payment options listed on the website or the price list.
- The offer of using cost-related content through GOODBEANS constitutes a binding offer for the user for the purpose of concluding a contract. The user can accept this offer by sending the order to GOODBEANS after registering with the desired and chosen payment system provider. Entry errors can be corrected by the user through using the browser back navigation button or by cancelling and restarting the order process.
- GOODBEANS stores the user order and the order data that was provided. The user will receive an order confirmation.
- Contract Period, Contract Extension, Cancellation, Blocking
- The respective contract period of a Gold Membership results from our Prices and Benefits. The list of prices and services is accessible at: www.panfu.com/legal-information/preise-und-leistungen.html
- The contract for a Gold Membership is automatically renewed for the length of the original contract period and for the standard price listed in Prices and Benefits, unless it is cancelled at the latest two weeks in advance of the end of the respective contractual period in written form via email. For the In the case of trial subscriptions, promotional subscriptions and similar offers, this rule might be departed from. In those cases, the user will also be notified about the contract period that applies for the trial subscription, the right of withdrawal and the otherwise following automatic extension.
- When ordering a cost-related service (Gold Membership), the user will be notified about the respective contractual period, the contract’s start date, and the duration of the extension if a cancellation was not sent in time with the receipt of the order confirmation.
- In terms of a cancellation, a strict differentiation has to be made between the free of charge contractual relationship that is created through registration and the cost-related contractual relationship that is created by ordering a cost-related service (Gold Membership).
- The customer has the right to cancel the free contractual relationship with GOODBEANS without giving any reasons at any point in time. The cancellation of this free membership effectively follows the use of the link „Delete Profile “ under „My Account“ on the Panfu website. Alternatively, the user can declare the cancellation of a free contractual relationship via email. GOODBEANS reserves the right to cancel a free contractual relationship with a user with a notice period of 14 days. The right for termination for good cause or for the blocking of a customer remains hereby unaffected.
- The cancellation of the cost-related contractual relationship (Gold Membership) has to be made at least 14 calendar days before the current contractual period expires – or, if at purchase of the cost-related access another deadline was set, within the deadline that was given – (clause 7.2).
- Cancellation of the cost-related contractual relationship (Gold Membership) is effective only if executed through an express written declaration via email. For the purpose of clear assignment and to protect from misuse, the customer is obligated to provide in legible form (CAPITAL LETTERS) their full name, the country in which they use the Panfu services, the email address that was used to register to Panfu and their user name within their letter of cancellation.
- Explicit information: A cost-related contractual relationship (Gold Membership) cannot be cancelled by simple deletion of the profile. If a user of a cost-related service (Gold Membership) deletes their profile, the cost-related contractual relationship remains unaffected. Through the deletion of the profile, the customer merely renounces the use of a not yet used, but already paid service. That means that the customer will not receive a refund of the already completed payment. A written cancellation of the cost-related contractual relationship - as detailed above – is required in any case.
- Both contracting parties shall be entitled to terminate the contract without adherence to a cancellation period for good cause. For GOODBEANS, good cause is given especially if
- you fail to make a payment for longer than 10 days after you have received a payment reminder.
- you, or a user who uses the service through a user account supplied by you, violate GOODBEANS’s Code of Conduct or in another way continually infringe essential conditions of these Terms and Conditions and, despite a warning, do not within a reasonable period of time resolve the issue. A warning is not required if it is not deemed likely to be successful or if the violation is sufficiently serious for GOODBEANS not to be expected to adhere to the contract. An infringement may also result from your failure to adhere to your duty of supervision as detailed in clause 9.5.
- legal requirements or requirements set by another authority necessitate the cancellation of the services in their current form or GOODBEANS suspends the services or its business operations. Legal rights of rescission remain unaffected by the aforementioned cancellation rights.
- If you or a user, who uses the service through a user account provided by you, violate the Code of Conduct as set out by GOODBEANS, or in another way violate these Terms and Conditions, GOODBEANS, without prejudice to the right of extraordinary cancellation as per clause 7.5, is authorised to block the access to the service through the respective user account either temporarily in parts or completely. As far as is reasonable, the blocking requires a previous warning issued by GOODBEANS in order to give you the possibility to resolve the issue. A previous warning is not required if the blocking is necessary to avert any possible damage to GOODBEANS, a business connected to GOODBEANS, or other users of the service. Blocking of access for the aforementioned reasons does not invalidate the obligation of the customer to pay for the cost-related content (Gold Membership). In case of the blocking of a user account, the affected user is not permitted to gain access to our services through new or different user accounts.
- Even after the termination of a contract, the regulations as detailed in clauses 10.1, 10.4, 11.4, 14 and 15 apply.
- Right of Withdrawal
- Every user can withdraw a declaration to conclude a contract within two weeks without stating any reasons.
- The respite of two weeks begins at the earliest with receipt of these policies in writing and at the latest at conclusion of the contract, if you confirm the receipt of these policies through clicking on the appropriate field.
- The withdrawal is to be declared in written form and to be directed to goodbeans GmbH via email. The timely dispatch of the withdrawal shall be deemed sufficient for compliance with the terms of withdrawal. The withdrawal is to be sent to:
Email: Contact form
- Should the user not cancel the contract during the contract period of the Gold Membership, the Gold Membership is automatically renewed at the end of the contractual period by the original time period chosen and at standard rate. The standard rates result from the list of prices and services valid at the time of the respective conclusion of contract. Prices and Benefits are accessible at: www.panfu.com/legal-information/prices-and-services.html. Statutory regulations are not affected by this.
- General Responsibilities of the User and Obligatory Supervision
- Members are obligated to ensure that users keep to these Terms and Conditions and the resulting obligations. Members shall be held fully responsible for all actions made through their member account. The following obligations are thereby also applicable to users who are members of the household and who are not members themselves.
- Upon registration, you shall be obligated to provide truthful, current and complete information as requested for the registration form.
- You are not allowed to use our service or parts of it for commercial purposes of any kind, offer our services through you as services or provide access to our services without obtaining prior written consent from us; e.g. imitate, sell, rent out, use or offer them for your own or third party promotional purposes.
- You are obligated to ensure that your access to our services is used exclusively by yourself or by authorised users (see clause clause 1.5). You are furthermore required to keep your access data, especially passwords, secret and you are also required to ensure that the passwords of the users will be kept secret by them. You are also obligated to immediately notify GOODBEANS of any fraudulent use of passwords or user accounts.
- By taking appropriate measures, you have to ensure that the users who use the services through a user account provided by you, keep to these Terms and Conditions and specifically also to any and all obligations arising out of these Terms and Conditions. You shall be held responsible for all actions that a user takes through your access to our service. Parents are obligated to support and supervise the use of the service by minors. A breach of aforesaid duty can lead to a blocking of your access in parts or completely and/or a cancellation of your contract (see clauses 7.5 and 7.6).
- Each member must undertake to to refrain from acts and to keep other users from committing acts that disrupt or may disrupt the functionality of the services of GOODBEANS (e.g. through software or other scripts). This applies specifically also to the use of ‚robot’, ‚spider’ or ‚offline reader’ software that automatically generates user requests via the internet.
- Liability and Forbidden Practices
- The liability for any and all information, data, texts, audio files, photos, graphics, videos, messages or other material (‚content’), that is stored, published or transmitted by using Panfu, lies exclusively and without limitations with the person who this content originates from; so e.g. content that the member or an authorised user created themselves, but also content that the member or an authorised user have obtained from other sources, and which they store, publish and/or transmit using www.panfu.com, lies exclusively and without limitations with the member.
- GOODBEANS does not control content that members or users store, publish and/or transmit through Panfu and therefore does not assume any liability for the accuracy, adequacy, quality and and conformity with the law of such content.
- Within the context of the use of the services, you or other users are prohibited from carrying out illegal activities, especially:
- storing, publishing and/or transmitting content that according to the appropriate legal regulations or to an assessment of GOODBEANS is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, inflammatory, extremist, racist, or otherwise objectionable or harmful to minors in any way or impairing their development, is especially pornographic, glorifying violence or otherwise harmful to minors;
- store, publish, and/or transmit content that violates the rights of third parties, especially patents, brands, copyrights or ancillary copyrights, confidential business information, personal rights or proprietary rights;
- store, publish and/or transmit content that contains software viruses or other information, files or programs that are designed to interrupt, damage, destroy or limit the functionality of computer software or hardware or telecommunications equipment;
- store, publish and/or transmit content that the member is not permitted to disclose;
- impersonate another person, for example a representative of GOODBEANS, or someone in another way authorised for these services, or misrepresent an affiliation to such people, or give false personal details (e.g. CV, qualifications);
- forge headers or otherwise manipulate identifying marks in order to disguise the origins of any content transmitted through the service;
- store, publish or transmit unrequested advertising, commercial advertising, junk or mass emails (‚spam’), chain letters, snowball systems or other advertising;
- harass, insult, threaten, defame, cause distress or embarrass or cause any other type of harm to anyone, whether it is a natural person or a legal entity or a corporation, or claim or spread untruthful things about a natural person or a legal entity or a corporation;
- collect, store or transmit personal data about other users without their consent.
- Even though GOODBEANS does not check or control user content, GOODBEANS still reserves the right to reject, block, delete content, or to publish content in a different location within the service that is accessible via www.panfu.com, without stating any reasons and with immediate effect, in particular user content that, to the knowledge of GOODBEANS, is in violation of these Terms and Conditions.
- Hosting; User-posted Content
- We permit you to use our services in accordance with the statutory regulations and the regulations of these Terms and Conditions, for the purpose of storing content, publishing, transmitting and sharing with other users. GOODBEANS does not supervise you and does not claim any ownership of your content.
- By using our services, you commission us with the storing and making available of your contents within our services in their current or future form, in accordance with the provisions of these Terms and Conditions.
- You acknowledge and agree that, within our services and through that, in the vicinity of your content, potentially also before and after your content (especially for pictures, audio entries and videos) advertising marketed by us may be performed and you hereby explicitly declare your agreement with this procedure. In order to improve usability of our services, especially through a search function, you also permit us to create smaller pictures (thumbnails) of pictures and videos and to use them within the services of GOODBEANS. You also acknowledge that the technical processing and transmission of our services, including the content submitted by you, may necessitate transmittals through different networks and/or making technical changes, in order to match the technical requirements of connected networks or other technical devices.
- You guarantee that you or users who use the services through a user account provided by you have all the necessary rights regarding the content for which you are using our services to store, publish and/or transmit and that therefore, no third-party rights of any kind, no legal provisions and no provisions of these Terms and Conditions, specifically not the provisions set out in clause 10.3, are violated. In the event that you yourself are not owner of the rights to content which you have submitted, you guarantee that all transfers of rights, licenses, agreements, consents and other have been obtained by you. In the event that you violate these guarantees or one of them, you release us from any liability towards third parties in accordance with clause 15 and indemnify us fully.
- GOODBEANS is authorised to store content and forward it to third parties, if required by law to do so, or if in good faith belief that such measures are necessary and legally authorised, to (a) fulfil legal regulations or to respond to an official order (court order, official injunction), (b) enforce these Terms and Conditions, (c) to react to a notification of an infringement by third parties or (d) to protect and defend the rights, property or personal safety of GOODBEANS, its users or the public.
- Infringement Notifications
- GOODBEANS respects the intellectual property of others and asks its users to do the same.
- If you feel that you are suffering infringement of your copy rights through content of another member/user who uses the service www.panfu.com for the storage, publication or transmission of their content, please inform us of this providing the following information:
- a description of the copyrighted work that has been violated in your opinion;
- a description of where the material can be found that is violated in your opinion;
- an electronic or handwritten signature of the person who is authorised to act for the bailee;
- your postal address, telephone number and email address;
- a statement by you that you have good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- a statutory declaration from you that the the above information is truthful and that you are the owner of the copyrights or that you are authorised to act for the bailee.
- Data Protection
- Please find detailed information about data protection within our Data Protection Statement. The Data Protection Statement is accessible at : www.panfu.com/legal-information/data-protection.html.
- Liability and Limitation of Liability
- Claims for compensation against GOODBEANS are excluded, irrespective of the legal basis, unless GOODBEANS, its legal representatives or auxiliary persons have acted wilfully or in gross negligence. For ordinary negligence, GOODBEANS shall only be liable if a contractual obligation essential to meeting contractual ends has been violated by GOODBEANS, its legal representatives or executive employees or auxiliary persons. In this case, the claim to damages shall be limited to contract-typical, foreseeable damage.
- The preceding liability limitations and exclusions are not applicable to damage claims resulting from damages to life, body, health, the assumption of a guarantee as to condition or a fraudulent concealment of defects through GOODBEANS.
- Damage claims against GOODBEANS are subject to a limitation period of twelve months after origination, unless they result from tort or wilful intent.
- If liability of GOODBEANS is excluded, this also applies to businesses associated with GOODBEANS as well as the personal liability of its officers, employees, representatives and assistants, partners and auxiliary persons of GOODBEANS and/or the ones of businesses associated with GOODBEANS.
- Exemption from Liability
- With this, you declare that you indemnify and hold GOODBEANS, businesses connected with GOODBEANS as well as its officers, employees, representatives and assistants, partners and auxiliary persons of GOODBEANS and/or the ones of businesses connected to GOODBEANS, harmless from any claim or demand made by any third party due to or arising out of content you store, publish and/or transmit within the services of GOODBEANS, or that are made against you because of your use of our services or because of violations of these Terms and Conditions or the violation of rights of third parties through you. This also includes reasonable attorney fees and costs of court.
- Trademarks and other Proprietary Rights of GOODBEANS
- You acknowledge that all rights to the services of GOODBEANS and its labels „GOODBEANS“, „Panfu“ and „Oloko“, including any trademark, patent, (intellectual) property or license rights or other rights or comparable legal positions in relation to them belong exclusively to GOODBEANS.
- All rights to programs, services, procedures, software, technologies, brand names, trademarks, inventions and materials belonging to GOODBEANS are the exclusive property of GOODBEANS. GOODBEANS is the owner of all usage rights to the above rights. The use of all programs and content contained therein, materials as well as brands and trademarks is exclusively permitted for the purposes detailed in these Terms and Conditions. Any duplication of the programs, services, procedures, software, technologies, brand names, trademarks, inventions and materials that are the property of GOODBEANS is forbidden, unless explicitly permitted through GOODBEANS.
- Panfu is a registered trademark of GOODBEANS GmbH, registered in many countries of the world.
- Applicable Law, Place of Performance. Place of Jurisdiction, Other
- German law applies, with the exclusion of the UN Sales Convention.
- Place of performance and sole place of jurisdiction is, as far as legally permissible, Berlin.
- No ancillary verbal agreements have been made. A business relationship or any other legal relationship besides the usage agreement regulated herein does not exist through the activity within our services. Modifications to the contractual terms must be made in written form. This shall also apply to the suspension or modification of this clause.
- If certain terms of the contract should be or become invalid completely or in parts, the validity of the remaining provisions shall not be affected. In the event of such an invalidity, the contractual partners will replace the ineffective provisions with legally effective ones that correspond, as far as possible, to the intended economic purpose of the provision to be replaced. This also applies to any regulatory gaps in which no regulation exists.
- GOODBEANS has the right to commission third party service providers and auxiliary persons with the provision of parts of or the entire GOODBEANS performance spectrum, as long as this does not place the customer at a disadvantage.
- If any individual provisions of these Terms and Conditions or of the contract should be or become invalid or incomplete, this shall not affect the validity of the remaining Terms and Conditions and of the contract. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by statutory provisions.
- This agreement is governed by the laws of the Federal Republic of Germany, excluding the German conflict-of-laws provisions.
- At the conclusion of contract, the customer has the opportunity to call on the contractual provisions applicable to them, including the Terms and Conditions and to store them in reproducible form.
- Responsibility for Panfu lies with GOODBEANS GmbH, Winsstraße 62/63, 10405 Berlin, represented by its executive directors Verena Delius and Moritz Hohl.
- GOODBEANS GmbH is a limited liability company of German law, registered with the district court Charlottenburg – registry court under HRB 110809 B.