1. Subject of the Terms and Conditions
1.1 The following terms regulate the use of online and mobile games provided by Funkypanda Digital Ltd. (also referred to as "Funky Panda", "Company") on their internet pages and in App-Stores, as well as their additional range of services.
1.2 The Company offers online and mobile games as well as other services within the framework of their technical and operational capabilities with an average annual availability of 90%. This does not include periods of time during which the use of online and mobile games or other service offerings are interrupted or affected by compelling technical reasons or required maintenance work. In these cases Funky Panda are not compelled to provide compensation in accordance with the provisions of this agreement. Periods of time, during which the servers of the Company. in general or of certain games in particular are unavailable on the internet due to reasons beyond the Company’s control (force majeure, third party responsibility etc.) are also not included.
1.3 The online and mobile games as well as the additional range of services are continuously being developed, updated and adjusted further by the Company. Thus, users are merely participating in the respective online and mobile games or additional offers in their respective version provided at any given time.
1.4 Online and mobile games as well as other services offered by Funky Panda are intended solely for the purpose of entertainment. The use for business or commercial purposes is prohibited.
1.5 Users are responsible for the suitability and up-to-dateness of their software and hardware.
1.6 In addition to these terms and conditions, existing rules for individual online and mobile games apply. In case of inconsistency between these terms and conditions and the rules of the game, the provisions of these terms and conditions take precedence. Specific terms and conditions also apply to certain online or mobile games, specific versions and/or components of online or mobile games, and individual service offerings on the Funky Panda Internet pages. Users will be informed prior to using the respective offering in an appropriate manner.
1.7 Users have the opportunity to use the services of contractors of Funky Panda for various online and mobile games as well as other services. In these cases, a separate contract between users and the respective contractor of Funky Panda applies. Users will be informed appropriately prior to finalizing the contract.
1.8 Other provisions or terms and conditions of users only apply if Funky Panda agree to their validity by prior written consent.
2. Conclusion of Contract
2.1 User registration – alternatively installation of the app – is required for the use of online or mobile games as well as other services offered by Funky Panda.
2.2 Only natural persons are eligible for registration. Only individuals will be accepted as authorized users (no groups, families, spouses or life partners, etc.). Insofar as the user is a minor, they certify that by sending the registration request, an effective consent of the legal representatives is available.
2.3 During registration, users have to provide a player name and a valid, registered e-mail address. Users are not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Moreover, no e-mail or web address may be chosen as the player name. Users have to ensure that the information provided to Funky Panda during registration is genuine and complete.
2.4 The registration must be conducted in person. Registration through third parties, especially those that register individual people commercially at various teleservice providers (registration services and/or entry services), is not permitted.
2.5 With the successful registration, the user opens an account (“user account”) which the user manages independently. Without the explicit consent of Funky Panda, the user account is not transferable.
2.6 A right to claim a registration or activation does not exist. Users are only permitted to register once per game round (e.g. world, universe, etc.) in a browser game. Once users have registered, they may not register again for the same game round for the duration of the current registration, by entering changed personal data, for example.
3. General User Obligations
3.1 User data
Users agree to provide Funky Panda with all future changes of their registration data, especially a change in the e-mail address, without delay. Users are obliged to confirm the accuracy of their data towards Funky Panda upon request.
3.2 Log-in Data, Identification, Passwords
3.2.1 Users are obliged to keep log-in data as well as all identification and passwords strictly confidential.
3.2.2 The terms "log-in data", "identification" and "passwords" include all letter and/or character and/or number sequences, used to authenticate users and to prevent use by an unauthorized third party. The password should not be identical with the player name, and it should consist of a combination of numbers and letters.
3.2.3 Users are obliged to protect all log-in data, identifications and passwords from unauthorized access of third parties.
3.2.4 In the event that users have reason to believe that third parties have obtained this information, or may have done so, they shall inform Funky Panda immediately, change their data or have it changed by Funky Panda. In this case or in the event that Funky Panda have evidence of misuse of data, Funky Panda have the right to block user access temporarily. Users shall be permitted use again as soon as the suspicion of misuse of data has been erased.
3.2.5 Users are under no circumstances entitled to use the log-in data of another user, unless the rules of the game provide specific exceptions.
3.3 Use of Funky Panda Internet pages and content of Internet pages
3.3.1 Funky Panda websites include various contents that are protected by trademarks, copyrights or other means in favor of Funky Panda, or for the benefit of third parties. Unless explicitly permitted within these terms and conditions, users are not entitled to edit, to copy, to distribute, to reproduce publicly, to use for advertisement or to use these beyond the contractually agreed purpose Funky Panda Internet pages or the content or any portion thereof. Merely the technical reproduction for the purpose of browsing as well as the permanent reproduction solely for private use is permitted. Copyright information and brand names may not be changed, suppressed or eliminated.
3.3.2 The term “content” includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information, provided by Funky Panda. The term “content” also includes all available service offerings for downloading.
3.3.3 Users are obliged to abstain from any measure, which may compromise or interrupt the proper functioning of Funky Panda Internet sites or individual services, as well as from accessing data which users are not authorized to access. The retrieval of the contents may only take place in a manner such that the use of Funky Panda Internet sites and contents through other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.
3.3.4 Any use of Funky Panda Internet sites for commercial purposes, especially advertisement, requires the express prior written consent of Funky Panda.
3.3.5 Users are not entitled to publish content on the Funky Panda’ Internet pages.
3.3.6 The use of Funky Panda’ internet sites through an anonymization service that is hiding the true IP address of the user is not permitted.
It is permitted to establish a link on the websites of Funky Panda to the extent that it only serves as a cross reference. Funky Panda reserve the right to revoke this permission.
4 Specific Terms for the Use of Online and Mobile Games
4.1 Users are only permitted one account per game round (i.e. world, universe) or an online or mobile game, unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. Such multi-user accounts may be deleted or banned by Funky Panda at any time and at their sole discretion.
4.2 Users are prohibited from any form of manipulative interference in online or mobile games. In particular, users are not entitled to utilize measures, mechanisms or software that could interfere with the function or the course of the game. Users may not take measures that may cause an unreasonable or excessive burden on the technical capacity. Users are not allowed to block, to rewrite or to modify contents generated by the game administration, or to interfere with the game in any other manner.
4.3 Users are also prohibited from running the online game (including all individual web pages) with other programs besides the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh-functions and other integrated mechanisms of the internet browser, if it includes automated operations.
4.4 Users may under no circumstances
a) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
b) use software, that allows “data mining” or otherwise intercepts or collects information in connection with the online and mobile games,
c) use virtual items outside of online or mobile games, buy for “real” money or sell or swap virtual objects that are used in online or mobile games,
d) sell, buy, or trade user accounts.
This includes all evasions, similar actions or actions that match in their effect the aforementioned bans.
4.5 The application of advertising suppressing measures is prohibited. It is immaterial whether advertising is deliberately suppressed or generally blocked e .g. by so-called Pop-Up Blockers, text-based browers or similar.
4.6 Automated opening of user accounts, regardless of whether the home page is displayed or not, is not permitted.
4.7 Funky Panda or contractors authorized by Funky Panda hold all and exclusive rights to objects used in online and mobile games as well as virtual objects provided at a charge. The same applies for user generated virtual objects. Users provide Funky Panda with spatio- temporal and textual unrestricted, exclusive right of use to such self-created virtual objects. This right includes in particular the rights to reproduction, distribution and processing. Users will only receive a non-exclusive right of use to the virtual objects for the duration of the contract.
4.8 Chip Transfers
a) Chip Gifting - You may gift chips to your buddies using the “send chips” tool. This tool is found by clicking on a buddy’s picture at the table or by viewing their profile page. However, you are not allowed to send these gifts in exchange for money or money equivalent. Doing so will result in your accounts beings suspended and/or banned.
b) Chip Transfers - The only allowed method for transferring chips between users is by using the “send chips” tool. Losing chips on purpose (eg. but not limited to losing poker hands on purpose at the table) to send chips to a friend (or yourself on another account) is a violation of our terms and conditions and will be aggressively enforced through account suspensions and/or banning.
c) Chip Farming / Scripting - Using scripts and manual processes to abusively accumulate free chips is not permitted and will result in your account(s) being suspended or banned.
5 Specific Conditions for the Use of Communication Facilities (particularly discussion forums, chat, comments) on the Funky Panda’ websites
5.1 Funky Panda may provide users with different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as utilzation of the commentary function) for self-created content and entries on the Funky Panda internet pages, which may be used on availability. Funky Panda only provide users with the technical environment for the exchange of information. However, users do not have the right to claim such communication features.
5.2 Users assume responsibility for their contents and contributions and commit to releasing Funky Panda entirely of any third- party claims or lawsuits. Funky Panda explicitly do not claim the content entered by users. However, users provide Funky Panda with the permanent, irrevocable, non-exclusive right to use the content and contributions that they posted. Funky Panda point out that Funky Panda have no active monitoring system of the content posted. However, random audits will be performed instead. In addition, each user has the option to inform Funky Panda of suspected illegal content. Funky Panda will then respond as quickly as possible and edit or delete reported contents, as necessary.
5.3 Users are prohibited from publishing or distributing content on Funky Panda’ internet pages, in particular in the context of the communications facilities, that
a) violates the law, is improper or is immoral;
b) violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
c) is obscene, racist, violent, pornographic, adult content or otherwise threatening to the development of children and adolescents, or of a harmful nature;
d) is of abusive, harassing or defamatory nature;
e) includes chain letters or pyramid schemes;
f) falsely suggests that it is provided or supported by Funky Panda;
g) contains personal data of third parties without their explicit consent;
h) is commercial, in particular promotional in nature.
5.4 The inclusion of Internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising.
5.5 All users of the communication facilities provided on the Funky Panda Internet pages are required to choose an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.
5.6 Notwithstanding any other rights under these terms and conditions, Funky Panda has the right to amend and fully or partially delete content and contributions, which violate these rules. Funky Panda also has the right to exclude users who violate these rules, in whole or temporarily from further use of online and mobile games, Funky Panda internet pages and other service offerings.
6 Consequences of Breach of Duty
6.1 Funky Panda are not liable for damages resulting from a breach of duty by users.
6.2 Independently of additional legal or contractual rights, Funky Panda may take the following actions against any user who is in breach with statutory law, third party rights, these terms and conditions or the respective additional regulations and game rules:
a) change or delete content,
b) issue a warning to the user,
c) publication of misconduct in the respective online or mobile game with mentioning of the user name,
d) temporary or permanent blocking of a user from individual or all online and mobile games and content of Funky Panda internet pages,
e) exclusion of a user,
f) issuing a temporary or permanent virtual ban from the house in cases of a violation of section 6, or
g) immediate termination of the contract.
6.3 If users have been blocked or excluded, they may not log in again without prior consent of Funky Panda. There is no right for a waiver of an exclusion, a virtual ban from the house or any other measures.
7 Usage Fees
7.1 Unless otherwise stated, the use of online and mobile games as well as other services offered is free of charge.
7.2 Users may, however, purchase individual service offerings and individual features offered in the context of online or mobile games. Users will be informed separately on the features available for purchase, especially which function each feature provides, the duration of availability of the feature for purchase (if applicable), the purchase price and the available payment method in connection with the online or mobile game.
7.3 If minors wish to purchase features, they affirm that they received the funds to buy the features for purchase from their legal guardian for this purpose or for unrestricted use.
7.4 The agreed-upon charges are due for payment with the conclusion of the contract. The debit payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable.
7.5 Users affirm that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.
7.6 The payment options vary according to the online or mobile game, participant country and the market availability of technically feasible payment options. Funky Panda reserve the right to amend their payment options.
7.7 Funky Panda reserve the right to change the fees of the in-game features (including virtual currencies). This includes Funky Panda`s right to increase or decrease fees for all singular in-game features for all future transactions.
7.8 In case of default, statutory interest accrues. Funky Panda are also entitled to block the user account, to recover damages and to terminate services.
7.9 Should Funky Panda through a fault of the user (including an inadequate account balance) incur back charges or cancellation fees, the user shall bear the related costs. Funky Panda are allowed to request these costs and the accrued charges. If payment is made by credit card, back charges are incurred up to 50 USD per credit card transaction plus bank charges incurred by Funky Panda. Funky Panda are entitled to charge further compensation.
8 Limitation of Liability
8.1 Users are directly liable to third parties for violation of their rights. Users agree to reimburse Funky Panda for all damages resulting from the non-observance of the obligations of these terms and conditions. Users release Funky Panda from all claims, which other users or other third parties file against Funky Panda for violation of their rights by content posted by the user or due to violation of other obligations. Users take over the cost of legal defense of Funky Panda including all court and lawyer costs. This does not apply if the user is not responsible for the infringement.
8.2 The liability of Funky Panda, on whatever legal grounds, whether due to contractual misconduct or breach of duty, is ultimately determined in accordance with the following rules:
8.2.1 Where Funky Panda provide the respective liability-causing service free of charge, Funky Panda are liable only for malice and gross negligence.
8.2.2 In case of non-gratuitous services, Funky Panda’ liability is limited to cases of intent and gross negligence, but unlimited in cases of personal injury. In case of slight negligence, Funky Panda will only be liable for a breach of essential contractual obligations such as delay or impossibility, which Funky Panda can be made responsible for.
‘Essential contractual obligations’ as previously stated, are the obligations that ensure that the contract runs in accordance with its regulations and which are required to achieve the contractual aim, and on which the user may rely upon.
8.2.3 Funky Panda assume no liability for disturbances within the network that are not caused by Funky Panda.
8.2.4 Funky Panda are liable for the loss of data in accordance with the foregoing paragraphs only, if such a loss has been unavoidable by adequate backup measures taken by the user.
8.2.5 The foregoing limitations of liability do not apply in case of explicit guarantees by Funky Panda, in case of malice, and for damage due to the loss of life, limb or health as well as in case of mandatory statutory regulations.
9 Privacy Protection
Personal data of users will be only collected, processed or used, when the user has consented, or when the Data Protection Act of United Kingdom or another law permits or requires it.
10 Amendments to these Terms and Conditions; Miscellaneous; Communications; Salvatorious Clause
10.1 Funky Panda reserve the right to change these terms and conditions. Users will be informed of any changes at least two weeks in advance when they log in before they come into effect, via the Funky Panda internet portal or via the respective online or mobile game. Alternatively, Funky Panda may send its users the change in terms and conditions via e-mail or inform them that the change in conditions can be accessed through the Funky Panda internet pages. Users declare their consent of the changed terms and conditions by logging in to the Funky Panda portal, or by logging in to the respective online or mobile game, after the announced change has become effective. Funky Panda will inform its users of the two-week respite, the revocation rights and the legal consequences of their silence on such change in an appropriate manner.
10.2 Users may transfer rights and obligations under this contract only after prior written consent of Funky Panda.
10.3 Users are only entitled to set-off, when their counterclaim has been legally established or has been recognized by Funky Panda and is uncontested. Users can only exercise a right of retention as far as there are claims arising from this contract.
10.4 Funky Panda communicate with the user – unless indicated otherwise by theses terms and conditions – usually by e-mail. Users need to ensure that the e-mail specified at registration is checked regularly for messages from Funky Panda. When contacting Funky Panda, users have to indicate which online or mobile game and which user account they are referring to.
10.5 Any amendment and/or repeal of these terms and conditions must be in writing. This also applies for changes and/or waivers of written form.
10.6 If any provision of these terms and conditions should be or become ineffective and/or oppose statutory provisions, the effectiveness of the remaining provisions of the terms and conditions will not be affected. The ineffective provision shall be replaced by the parties by such a provision, which legally comes closest to the economic sense and purpose of the invalid provision. The above provision applies in case of loopholes accordingly.