§ 1 GENERAL INFORMATION, CONTRACTING PARTIES, SCOPE OF APPLICATION
(1) Professional360 GmbH is a young company based in Germany which has developed a novel and innovative 360° panorama ball camera – the Panono camera. Professional360 GmbH runs the website panono.com that allows orders or preorders of the Panono camera. Furthermore Professional360 GmbH provides on its website additional services relating to the Panono camera.
(2) The services of the website panono.com are offered to the user by Professional360 GmbH, Friedrichstraße 95, 10117 Berlin, Germany (hereinafter referred to as ”Panono”).
§ 2 DEFINITIONS
(1) “Panono” is the Professional360 GmbH, domiciled in Friedrichstraße 95, 10117 Berlin.
(2) “Panono.com” is the web presence offered by Panono through panono.com.
(3) “Users” are persons who call up the websites of panono.com or who use the provided services of the website.
(4) “Account” is the user account that is required for using the provided services of Panono.
(5) “Images” are all picture files that the user has created with a Panono camera.
(6) “Panoramas” are images that are edited by the services of Panono and stitched together to a Panono panorama.
(7) “Open area” means all webpages on panono.com in their entirety that are open to the user without the necessity of a registration and the activation of an account.
(8) “Registered area” means all webpages on panono.com in their entirety that are only open to registered users with an account.
(9) “Services” are all non-binding online services and functions provided by Panono on panono.com.
(10) “Panono App” is a software that the user can i.a. use to view his panoramas that are saved on panono.com by use of a smartphone or tablet.
(11) “Contents” are all images, panoramas, pictures, videos, information, tags, messages, graphics, data or other material and all albums and profiles that are uploaded, transferred, tagged, posted or shared by the user in the context of the provided services of Panono.
(12) “Third party services” are online services provided by third parties amongst other things in order to share or broadcast images, panoramas or other contents. Third party services are especially but not exclusively social media services such as facebook, twitter or Google+.
(13) “Private use of panoramas” is the usage of the user’s panoramas for his own website or in context of the Panono App.
(14) “Private use of the images” is any usage of the user’s images that exceeds the granted rights under § 8 (1) – (5).
(15) “Panono Cloud” is the name of the platform that Panono provides on panono.com
§ 3 OBJECT OF AGREEMENT
(1) Within the registered area of panono.com, Panono provides a platform with different services regarding the panono camera.
(2) The services include amongst other things the upload of images and their editing and stitching to panoramas. The storage space is limited. The user is not entitled to claim a certain amount of storage space. The user can add a short description to the panoramas. The uploaded images and panoramas as well as other contents of the user are stored by Panono. Panono reserves the right to charge the user for hosting panoramas on the Panono platform. The user’s profile contains a list of the user’s images. The user may create albums to organize the images. In addition, the user may choose between the following privacy settings:
(a) Private: This is the default setting. Only the user has access to the panoramas.
(b) Unlisted: The panoramas are visible for the user as well as other users, who know the link of the particular panorama. The panorama can shared by using the sharing function with third persons or by using the services of third parties and they can be embedded into web pages by using a code. The unlisted-panoramas are not visible to other users, who visit the user’s profile.
(c) Public: The panoramas are published in a publicly accessible feed und are visible to all persons, who visit the user’s profile.
(3) Panono is entitled to render the provided services by third parties.
(4) The user has to ensure sufficient internet access. Also, the user is responsible for complying with the necessary system requirements in order to use the services, especially for his operating system.
(5) Panono does not guarantee the permanent access and availability of the contents uploaded by the user on Panono.com or the availability, quality and success of the provided services. As long as the provided services are free of charge, the user is not entitled to claim maintenance of the operation of Panono.com and the provided services. In particular, Panono is not obliged to provide support or updates or to adjust services to possible changes of hard- and/or software. In addition, Panono does not guarantee for the use and inclusion of third party services.
§ 4 REGISTRATION
(1) In order to make use of the services provided within the registered area, a permanent registration and the activation of an account are required. Registration is cost-free.
(3) In order to register, the user needs to fill in the required data in the registration form in the open area of panono.com. The required data need to be complete and truthful as far as the declaration is not optional. Aliases, pseudonyms and fantasy names are allowed to be used. It is inadmissible to use someone else’s or incorrect data. By completing the registration process, the user makes a binding offer to the conclusion of a contract about the use of the services on Panono.com.
(4) Panono confirms the receipt of the registration and the submitted data via email sent to the email address provided by the user. This confirmation email is not a binding acceptance of the user’s offer. It rather verifies the user’s email address. In order to get full access to all services provided on Panono.com, the user needs to click the link sent to him in the confirmation email and thereby finally activate his account. Panono usually accepts the offer of the user regarding his account – as far as Panono does not explicitly state its acceptance – impliedly by enabling the user to access the registered area of Panono.com. The user is no longer bound by his offer, if more than three workdays passed without Panono accepting the offer.
(5) Besides, there is the option for the user to get access to the services only provided in the registered area via facebook log-in or twitter log-in. By entering his data, the user submits a binding offer to the conclusion of a contract about the use of the services on Panono.com. By activating the user’s account, Panono accepts the offer after verifying the submitted data by the operators of Facebook or Twitter. The user is no longer bound by his offer, if more than three workdays passed without Panono accepting the offer.
(6) The user’s right to use the services is neither exclusive, sublicensable nor transferable.
§ 5 RIGHT TO WITHDRAW
If the customer is a consumer with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) he has got the legal right of withdrawal that Panono hereby informs about:
§ 5a Withdrawal Policy
Legal Right of Withdrawaly
You are entitled to cancel this contract within fourteen days without giving reasons. The period of cancellation is fourteen days from the date when the contract was concluded.
To exercise your right of cancellation, you must notify us Professional360 GmbH, Friedrichstraße 95, 10117 Berlin, Fax: 030 220 128 991, E-Mail: email@example.com, Phone: 030 220 128 990,
by a clear statement (eg letter by mail, fax or email) of your decision to withdraw from this contract. You can use the withdrawal form (§ 5 b), however, this is not mandatory. If you make use of this opportunity, we will immediately send you a confirmation (e.g. via e-mail) of the arrival of such a withdrawal.
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the least expensive type of standard delivery offered by us) immediately at the latest within fourteen days from the date of receipt of your cancellation notice. For the repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will not be charged any fees for this repayment.
If you demanded that the services begin within the period of cancellation you must pay us a reasonable charge equivalent to the service provided until the date you informed us about your withdrawal in comparison to the entire contractual services you agreed upon.
§ 5b Standard Withdrawal Form
You can use the withdrawal form, however, this is not mandatory
Standard Withdrawal Form
Complete and return this form only if you wish to withdraw from the contract
To: Professional360 GmbH, Friedrichstraße 95, 10117 Berlin Fax: 030 220 128 991, E-mail: firstname.lastname@example.org, Phone: 030 220 128 990
- I/We (*) hereby give notice that I/We (*) withdraw from my/ our (*) contract of sale of the following goods (*) / for the provision of the following services (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper):
§ 6 USER OBLIGATIONS
(1) In order to ensure a duly course of services, the user has to comply with the following obligations that may lead to disadvantages for the user – particularly termination or claim of damages by Panono – in the event of misconduct.
(2) The user is obliged
1. to provide complete and truthful information regarding the registration process and all other enquiries that are necessary to achieve the purpose of the contract,
2. to immediately amend all mandatory information in the event of a subsequent change,
3. to assure that his user name and password are not available to any third party,
4. to prevent the use of Panono’s services under his account by any third party,
5. to refrain from the use of automated password presetting functions,
6. to inform Panono immediately in the event of any abusive use of his account or password, or if there are indications for any upcoming abusive use.
(3) The user must not act in a way that abuses the law, that is offending against good morals and that is against the law as well as infringes the rights of third parties. This contains in particular but not exclusively the following obligations:
1. The user guarantees that all information he enters to the network/internet do not contravene statutory regulations on youth protection, on the general right of personality and on the right in one’s own image, and rights such as trademark rights, copyrights and related rights. Therefore, before uploading images or other contents, the user must prove that he has all the required rights. In addition, the user must check if all persons in the picture uploaded gave their consent to the prevalence of the image. The user guarantees that all uploaded images do not infringe the law of publication of any third party, respectively that the creator will not bring any actions against Panono regarding the publication of the image.
2. The user has to refrain from entering immoral, discriminating, racist, extreme right-wing or religious feelings violating contents or data.
3. The user himself has to comply with statutory provisions of data protection and data security.
4. The user promises to comply with the code of conduct.
(4) The user must not change or impede Panono’s services. This also includes the transmission of viruses and spyware. Electronic attacks of all kinds on this platform or upon other users are strictly prohibited.
(5) If the user contravenes any of the foregoing obligations, he must reimburse all damages caused thereby as the circumstances require, unless he cannot be held responsible for the violation of duty. The user keeps Panono indemnified against all charges of third parties, especially regarding any infringements of copyrights or personality rights. The user has to notify Panono immediately about any derogations of the rights covered by the contract that become acquainted. Panono is entitled to bring suitable actions in order to defend itself and to exercise its own rights. The user must coordinate his own actions with Panono beforehand. The indemnification also includes the compensation of all costs that result or have resulted from any prosecution or legal defence.
§ 7 SANCTIONS
(1) If the user fails to comply with his obligations under § 6 (2) to (4) or the code of conduct, Panono is entitled to impose sanctions on the user. The same applies if Panono receives any notification by a third party about the infringement of the obligations under § 6 (3) – (4), as far as the allegations are not obviously untrue.
(2) When determining the sanction imposed, Panono will take into account the user’s legitimate interests und consideration will be made, amongst other things, whether an unwitting malpractice has occurred or a culpable violation. Panono is entitled to impose the following measures and sanctions depending on the gravity of the non-compliance:
(a) Warning to the user
(b) Partial or total deletion of contents of the user
(c) Limitation on the usage of Panono’s services
(d) Temporary blocking of the user
(e) Termination for cause of the user.
Prior to the imposition of the penalties set out under subparagraphs (b) to (e), Panono will discourage the user and request the user to remedy the breach of duty by setting a time limit of seven calendar days. After the unsuccessful expiry of the time limit, Panono will impose the sanction against the user (in accordance with the proportionality principle) without further notice.
(3) In particular, Panono is entitled to impose sanctions on the user in accordance to § 7 (2), if
(a) the user uses a Panono-Camera, that has been registered as obtained unlawfully from the owner (by theft, fraud or other criminal action) or
(b) the user uses the Panono-Camera, that he purchased directly from Panono but hasn’t fully paid for yet.
(4) If the user has been blocked, the further usage of Panono’s services is prohibited. The user must not re-register with Panono.
§ 8 COPYRIGHT AND RIGHT OF USE
In order to upload the images on Panono.com and to use Panono’s services, the user grants Panono all necessary rights for the chosen privacy settings:
(1) If the user chooses to use the default setting Private, he grants Panono all rights for the duration of the contract (editing right and right of use) that are necessary for stitching, storing and making accessible for the user by the digital inclusion on Panono.com and for providing for download.
(2) If the user chooses to use the setting Unlisted, he – additionally to § 8 (1) – grants Panono all rights for the duration of the contract that are necessary for making the panoramas accessible for third parties determined by the user on Panono.com and/or for including the panoramas within the scope of the sharing function on social medias Facebook, Twitter and Google+ and for distributing.
(3) If the user chooses to use the setting Public, he – additionally to § 8 (1) and § 8 (2) – grants Panono all rights for the duration of the contract that are necessary for publicly publishing the panoramas on the internet and making them retrievable on the home page of Panono.com. In addition, Panono is entitled to grant a simple right of use to third parties solely for non-commercial purposes.
(4) In case that the user subsequently limits the privacy settings, after he had chosen Unlisted instead of Private or Public instead of Unlisted, this change has no effect on the already transferred rights. The rights of use and rights of exploitation remain with Panono. The same applies in the event of termination of the user contract. The termination has no effect on the already transferred rights of use and rights of exploitation.
(5) Panono’s services, especially the complex stitching of the images, is free of charge, therefore, the user is not entitled to receive a licence fee in exchange for grant of rights according to § 8 (1) to (4).
§ 9 DURATION, TERMINATION, DE-REGISTER
(1) The contract on the use of services is concluded for an indefinite period of time. The legal relationship between user and Panono may be terminated at a term of one month to the end of the month without giving any reason. In order to delete the account sending an email to email@example.com with the request of deletion suffices.
(3) In case of termination by Panono, the user is prohibited from registering once again. This also applies to registrations under a different name and/or legal business name.
(4) The account will be deleted once the user successfully de-registered.
§ 10 LIABILITY OF PANONO
(1) Any claims for damages by the customer are excluded unless in those cases where the customer’s claims for damages arise from injury to his/her life, body, health or a violation of material contractual obligations (cardinal obligations) and except liability for any other damage caused by willful or grossly negligent breach of duty by Panono, its legal representatives or its vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract.
(2) In the event of a breach of material contractual obligations through ordinary negligence, Panono shall only be liable for any foreseeable damage typical for the contract, unless the damage claim is for injury to life, body or health.
(3) The restrictions set forth in subsections (1) and (2) above also apply in favour of Panono’s legal representatives and vicarious agents if damages are claimed directly from them.
(4) The provisions of the Produkthaftungsgesetz [German Product Liability Act] remain unaffected.
(5) Panono assumes no responsibility for user-generated-content and explicitly does not regard these contents as its own. Also, Panono assumes no responsibility for the correctness and completeness of user-generated-content.
Panono solely collects user data for the purposes arising from this contract under observation of the provisions on data protection (see also pivacy policy).
§ 12 FINAL PROVISIONS
(1) The contracts between Panono and its customers are governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the international sale of goods. As far as the customer is a consumer neither with habitual residence or abode in one of the Member States of the European Union (EU) nor in the European Economic Area (EEA), the law of the Federal Republic of Germany and the German consumer protection law is applicable to the exclusion of the United Nations Convention on Contracts for the international sale of goods.
(3) If any provision of this contract is legally invalid the other provisions hereof shall remain binding. Any ineffective provisions are replaced by legal provisions, as far as existent.
(4) Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission is providing an online dispute resolution platform (OS), which can be found at ec.europa.eu/consumers/odr/. Panono prefers to clarify the user's concern in direct exchange with the user. Panono is neither willing nor obliged to participate in a dispute settlement procedure before a conciliation board. Please contact us with questions and problems directly.
CODE OF CONDUCT
The following rules are mandatory and apply to the conduct of all users, to the content of all profiles, to all panoramas and videos as well as to all dealings with data that are accessible over the network:
All users shall maintain a respectful manner of expression and polite interaction. No one shall be negatively emphasized, defamed, harassed, insulted or ridiculed.
Any contents that contravene applicable law are not permitted. Especially contents showing images of physical or sexual violence as well as pornographic motives are prohibited. Panono reserves the right to bring legal action in the event of criminal activities.
Data must not be read, stored, edited, changed, forwarded or otherwise misused manually or automatically for the purpose of data acquisition without consent.
It shall be prohibited to set up profiles and websites within the network that serve to read out, store, edit, change, forward or otherwise misuse information.
There must not be any technical attacks in order to entirely or partly change, misuse, delete or otherwise damage data of individual users. Likewise, technical attacks of any kind on the servers and data bases of Panono are prohibited.