AGB Terms and Conditions

Content


 1. Preamble
 2. Scope of Application
 3. Target Group
 4. Service Description, Funcubes
 5. Registration, Signing of the Contract
 6. Cancellation policy
 7. Prices, Offset
 8. Termination of free usage
 9. User Obligations
10. Violation of User Obligations
11. Granting of Rights
12. Prohibition of Commercial and Business Use
13. Usage Agreement of "Commercially Funcubes" and "Action Funcubes"
14. Compensatory Damage
15. Liability of Funcubes.de
16. Changes to General Terms and Conditions
17. Final Provisions



1. Preamble


The following general terms and conditions (hereinafter referred to as GTC) apply to all websites and mobile apps of Funcubes. They provide a legally binding agreement between the WALLENWEIN & Development UG (hereinafter called "Funcube.de"), registered with the commercial register of the Stuttgart Municipal Court (under HRB 745012 / 2013) and the users who use Funcubes services.

If there are discrepancies due to the understanding of the translation, always has the German version of the GTC validity.


2. Scope of Application

The services and offerings of Funcube.de towards the users result exclusively from these GTC. They apply, even if the services of Funcube.de are used outside of the Federal Republic of Germany. Any regulations and especially user regulations that are in contradiction with the GTC of Funcube.de require the provider´s written approval. The user data is kept secret. It is only disclosed to the extent, that the user has approved.

Information about the protection of user data by Funcube.de can be found in the Privacy Policy.

3. Target Group

The minimum age for Funcube.de is 16 years.

4. Service Description, Funcubes

Funcube.de provides a geobased social network community on the Internet and offers users access to its services on the Internet. The user is granted access to a database by Funcubes.de, via which he can connect with other users to form friend- and relationships. The database can be accessed via the applications for mobile devices (currently iOS and Android) as well as www.Funcubes.de (representative for all domains associated with the system). It contains profiles with pictures and information about the users of Funcube.de. Profiles and information can be accessed by registered users and contact among users is made possible.

In order to avoid misuse and to improve services, the content of single messages can be reviewed on a random basis, if a striking number of messages are being sent by individual users. The contractual use of the services is not limited by this.

Funcube.de strives to ensure service availability over the Internet to the greatest possible extent. Temporary non-availability can occur due to technical reasons.

Funcubes are coordinate fields of different sizes, consisting of GPS data. A registered user becomes visible to other registered users through the Funcubes app, when he enters the coordinate field (Funcubes). The user is aware of this and acknowledges it. The user is at any time able to avoid visibility by deactivating the GPS function or deleting his account.

Registered users can locate Funcubes through the Funcube app or the websites.

Funcube.de has the right to place virtual items (augmented virtuality objects "VO") within the Funcubes (GPS coordinate fields). Users have the possibility to locate placed VO with the Funcubes app.

Funcube.de is primarily intended for private use. Commercial users however can apply for "Commercially Funcubes" or "Action Funcubes" on Funcube.de. These can contain attractive advertising offers.

In order to provide the entire scope of services Funcube.de is entitled, to obtain goods or services from a third party.

Funcube.de is revocably entitled to send electronic information to the user. The revocation can occur at any time per email by the user.

5. Registration, Signing of the Contract

By successfully completing the registration with Funcube.de through the website or the app the contract between the user and Funcube.de becomes legally effective.

The user can also register through so called connect features (e.g. Facebook, Twitter, Google+). Selected data of the various user profiles is then adopted in Funcubes. The user explicitly approves of this data adoption by registering through the connect features. He further acknowledges the respective terms of third party providers.

The user receives the web services incl. all "Premium Features" free of charge for one month after successful registration. After the expiration of the first month the "Premium Features" are reduced to the "Standard Features". The remaining features stay free of charge for the user. In this case however Funcube.de reserves the right to display advertisements.

If the user would like to further make full use of the "Premium Features", he can book these for a charge via his user account within the scope of a monthly subscription. The monthly subscription is renewed for another month, if the user does not cancel it within the specified period of 24 hours before the ending of the current month.

Information regarding the "premium features" and the subscription charge can be found by the user on the website of Funcube.de or the Funcubes app. Possible methods of payment are finally listed in the current price list. Explicitly excluded are cash payments and payments with post stamps or checks.

The user assures that he will only create one user account. Possible other existent user accounts are deleted by the user.

6. Cancellation policy

If the user resides in a member state of the European Union, the following cancellation policy applies to the use of Funcubes for consumers in connection with the conclusion of paid subscriptions or buying of credits:

Right of cancellation

You have the right to cancel this contract within fourteen days without giving reason. The cancellation period is fourteen days after the date of contract conclusion.

To exercise your right of cancellation, you must inform us (Wallenwein Adminstration & Development UG, Unkenweg 61, 70499 Stuttgart, Germany, Email: support@Funcube.de) of your decision to cancel this contract by means of a clear statement to this effect (e.g. a letter sent by post, fax or e-mail).You may use the enclosed cancellation form for this, though it is not obligatory.

The dispatch of the notification that you are exercising your right of cancellation before the end of the cancellation period is sufficient to observe the cancellation deadline.

Consequences of Cancellation

If you cancel this contract, we shall refund to you all payments which we have received from you, including delivery charges without delay and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund we shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; under no circumstances shall any charges be debited to you for this refund.

If you requested that the service should start during the cancellation period, you will have to pay a suitable amount of money that covers the service provided in the period between the beginning of the contract and the date your right of cancellation of this contract has reached us. This amount corresponds to the relative share of the already provided service compared to the full range of service that the concluded contract covers.

Your right of cancellation expires early, after Funcube.de has fully provided the service and has only started to provide the service after your express consent and at the same time acknowledgement of the fact, that you lose your right of cancellation with fulfillment of the contract by Funcube.de.

cancellation form

7. Prices, Offset

The Premium version costs per month € 0.99 and is automatically extended by another month if the user unsubscribes not 1 day ago one month has elapsed. If the User cancel the subscription, then ends at the end of the month.

The price include the statutory value added tax.



Commercial offers from Funcube.de on the Internet, brochures, advertisements, e-mails or in other ads are (also with regards to possible stated prices) non-binding altogether and without obligation.



The user is only entitled to an offset against a claim of Funcube.de, if the counterclaim is undisputed, acknowledged by Funcube.de, ready for decision or legally proven or in a close synallagmatic relationship to the customer´s claim.


8. Termination of free usage

The contract on the use of services can be cancelled by the user at any time.

In the settings menu of the app as well as the protected login area of the website (www.funcubes.de) is a "delete function". Cancellation occurs by triggering the delete function.

Any balance of the user can be applied for per e-mail to support@funcubes.de under specification of bank account details.

The contract can be cancelled by Funcube.de without stating the reasons, if the user has violated the GTC.

Funcube.de reserves the right to refuse a user´s registration. Funcubes.de does not have to state reasons for this refusal.

After cancellation through Funcubes.de or through the user the user data is deleted within a reasonable period of time. Funcube.de has the right to refuse a data deletion, if illegal activity of the user has occurred and the data could serve as evidence.

9. User Obligations

Users are solely responsible for their posted data. That includes the texts, pictures, film and audio material provided by the user, as well as their contributions to communication on Funcube.de. The user assures that he does not upload any pictures or other works without authorization according to the corresponding copyright arrangements (Funcube.de can ask for documentary evidence).

In particular, it is expressly forbidden to save, post, transmit and spread contents that glorify racism, offense, discrimination, harassment, slander, distinct sexuality, pornography, violence, threatening or any other unlawful content. Funcube.de explicitly states, that the user undertakes to respect the rights of third parties in all his actions. That includes in particular intellectual and commercial property rights of third parties, such as copyrights and trademarks or the general right or privacy. The user informs himself in the run-up to the use.

The user undertakes to take appropriate measures in order to avoid unauthorized use of his or her data (especially passwords) through third parties. He further commits to immediately inform Funcube.de of observed or presumed illicit use of his or her account.

The user assures that the claims made are truthful and describe him as a person. Funcube.de reserves the right (but is not obliged) to verify the user´s claims regarding him as a person for correctness.

It is prohibited for the user to deliberately state data of third parties as his own. That includes him stating a different e-mail address as his own.

The user undertakes to treat data confidential. He ensures that he will not pass on, publish or commercially use the data obtained through Funcube.de (especially that concerning personal data of other users) without permission of the other user or originator of the data. This applies to foreign contact information (e.g. phone or fax numbers, e-mail addresses, URLs and the like).

When signing up with Funcube.de and using its services the user adopts the obligation to observe the respectively applicable laws.

Misuse of the Funcubes account by other users is expressly prohibited.

In particular prohibited is
- Spamming
- The upload of data that contains malware of any kind
- A kind of use that negatively affects the availability of the service offerings for other users
- Spying out of data
- Promote other Internet portals
- Sending of chain letters

The user is liable towards Funcube.de and affected third parties with regard to damages that arise from a breach of the GTC by the user.

The user agrees to indemnify Funcube.de for all kinds of claims, damages, losses or demands that result from an action or omission of the user regarding the aforementioned area of responsibility. This does not apply if such damage results from intent or negligence of Funcube.de or its legal representative or agent.

10. Violation of User Obligations

Funcube.de reserves the right to delete or lock the user account or single content and data that violate the GTC or legal provisions.

No obligation exists to restore information deleted by Funcube.de.

Furthermore, Funcubes.de has the right to warn the user about non-compliance with the general conditions of use, and suspend or definitely end Funcube.de services for the particular user. Depending on the seriousness and manner of the offence, infringement may also result in civil or criminal penalties for the user.

In the aforementioned cases and with deletion, all free and purchased credits and premium services expire without replacement.

Funcubes.de expressly reserves the right to assert further damages, in particular claims for damages.

11. Granting of Rights

Funcube.de permits its registered users to upload and provide content, taking into account the terms and conditions.

The user grants Funcube.de the irrevocable, royalty-free, non-exclusive and geographically-unrestricted right to use all content. Funcube.de expressly points out that Funcube.de does not obtain ownership of the content provided by the user and therefore Funcube.de does not carry out any supervisory role of content.

Funcube.de explicitly advises user that content may be saved and forwarded to third parties, as far as is required by law or is necessary and legally permitted in its opinion.

Funcube.de is entitled to delete user data at any time without giving reasons. The user is not notified by Funcube.de in this case. This affects in particular chat history logs that then can´t be accessed by the user any longer.

12. Prohibition of Commercial and Business Use - Provisions to attend Trevohunt

a) Commercial use of services of Funcube.de is forbidden and is prosecuted, unless it is expressly permitted by Funcubes.de.
Content must not be uploaded and provided with the intention of making a profit. Referencing goods and services of different internet providers or other providers (of commercial or private nature) is not allowed.

b) Commercial use by registered traders in connection with "Commercially Funcubes" or "Action Funcubes" is excluded from the ban of commercial or business use (see item 13 of GTC).

c) participation in the aforementioned actions and campaigns is possible only for private users when signing a paid subscription or purchase for a Premium version (3 months). Redeeming the virtual gift, voucher or profits (hereinafter VO) against the real object is only possible if the user can prove uninterrupted Premium period since the end of the first, free Premium month.

d) FUNCUBES.de provides that in each Trevohunt Funcube a VO is deposited. Was a VO removed by a user, FUNCUBES.de will make another VO after a set time (eg 30 minutes) in this Funcube available again.

e) The transfer of the "real" object always takes place at a specified time by FUNCUBES.de which is independent from the time of obtaining the virtual object. FUNCUBES.de informed on its website www.funcubes.de about periods and aforementioned timings.

f) FUNCUBES.de reserves the right, at any time changes without notification on the course of the campaign to make the VO or the times. In particular, FUNCUBES.de reserves, without giving reasons, campaigns anytime without notice to cease. The handing over of potential captured by VO FUNCUBES.de omitted thereby. The user shall be free from any FUNCUBES.de damages.


13. Usage Agreement of "Commercially Funcubes" and "Action Funcubes"

Enterprises can sign up for "Commercially Funcubes" and/or "Action Funcubes" services.

The use of these offers allows for the companies to advertise themselves.

a) "Commercially Funcubes" allow for virtual items (e.g.vouchers or special offers/promotions) of the respective company to be placed in the Funcubes (coordinate fields) mentioned under item 4 for the remaining private users of Funcubes services.
Private users can pick up, receive and reedem those action items by moving to the GPS spot of the respective Funcubes, in which the entrepreneur has placed the virtual action items beforehand. The entrepreneur can define virtual objects only in specific, assigned Fun Cubes.The private user can pick up those action items and virtually place them in the account of his Funcubes app.
With his mobile device he can then cash those items with the respective company. This is achieved by transferring the virtual item via app from his account to the company´s account.

b) Action Funcubes are offers from locations (bars, cafés, restaurants, etc.).
Similar to the above-mentioned "Commercially Funcubes" locations can place action items in Funcubes for private users.

The cost of the deposit of the virtual objects as described above, you should settle into separate price agreements between the corporate and Funcubes.

The contractor is liable in principle even for stored and provided by him texts and graphics. The business operators shall ensure expressly, Funcubes from all claims of third parties.



The entrepreneur warrants further that it only provides products that meet the entrepreneurial and commercial rules and are legally compliant.


14. Compensatory Damage

Any user who attempts to use or uses his participation for commercial or business purposes (apart from the commercial use by registered entrepreneurs in connection with "Commercially Funcubes"), is liable to pay compensatory damages to Funcube.de amounting to two thousand euro. In this case the user is permitted to provide evidence that no damage has occurred at all or is considerably less than two thousand euro. Funcube.de reserves the right to prove that a greater amount of damage has occurred hereby.

In the event of willful or grossly negligent violation of the user obligations described in the Terms and Conditions, the user undertakes to pay the operator compensation, as far as the violation is not already established as the standard compensation according to the previous paragraph. The user is permitted to provide evidence that no damage has occurred at all.

15. Liability of Funcubes.de

For damages that occur of a physical, psychological or financial nature which are connected to the service offered, Funcube.de is only liable insofar if these damages result from a grossly negligent breach of duty on the part of Funcube.de, its legal representative or agents, or from willful intent on the part of Funcube.de, its legal representatives or agents.

For damages due to slight negligence on the part of Funcube.de, its legal representatives or agents, Funcube.de is only liable insofar if it breaches cardinal obligations (essential contractual obligations the fulfillment of which make the proper execution of the contract possible and the observance of which the contractual partners regularly rely upon) and insofar liability is limited to typical foreseeable damages.

All users are personally responsible for verifying user information before contacting users in the form of chat conversations, meetings outside or inside the Funcubes platform, in Funcubes other interactions. Funcube.de may not be sued for incorrect information given during user registration, as the information given by the user may not always be checked due to its large volume and the identification of people on the internet is only partially possible.

Funcube.de takes no responsibility for contents of third parties and external links. The Funcubes contents generated, uploaded and provided/published by users are third party information, as laid down in articles 8 and the following of the German Telemedia Act. Funcube.de takes no responsibility for third party information, unless Funcubes.de has knowledge of unlawful information that is not removed immediately from willful intent or gross negligence. This requires that it is technically feasible and reasonable to prohibit the use. According to the German Telemedia Act, Funcube.de is not obligated to review third party information or scan for circumstances that indicate unlawful actions.

Funcube.de does not bear liability for damages due to misuse of other users or third parties. Furthermore, Funcube.de is not liable for third parties, e.g. hackers, becoming aware or personal data of users through unauthorized database access, unless Funcube.de or its legal representatives or agents are responsible under the conditions laid down in the first two paragraphs of Nr.15 of the GTC.

Funcube.de is authorized (but not obliged) to check every content of every text, sent/uploaded pictures and graphic files for the provisions of these underlying Terms and Conditions and, if necessary, to modify, to remove or delete it.

Funcube.de may not be sued for both service impairments and breakdowns, or external data loss and data transfer errors outside the sphere of influence of Funcube.de, e.g. as a result of force majeure or technical internet failure, especially through failure of third party services.

Funcube.de does not bear liability for content summaries or contents of advertisements displayed in the "Commercially Funcubes". The user indemnifies Funcubes in any case, in particular if the posted commercial offers and contents of third parties are not fulfilled or not as declared. The user has the right to address the third parties which have made the statements and offerings in the "Commercially Funcubes". The same applies to "Action Funcubes", which revolve around offers from locations (bars, cafés, restaurants, etc.).

16. Changes to General Terms and Conditions

Funcube.de reserves the right to change the Terms and Conditions at any time. Funcube.de will communicate amendments of the Terms and Conditions by means of e-mail delivery to the e-mail address given by the user.

The user states his acceptance of the implementation of the amended Terms and Conditions for contracts completed before the changes, if Funcube.de informs the user that an amendment of the Terms and Condition has taken place and if the user does not object to the change within six weeks, beginning with the day following the notification of the change.

Funcube.de is obligated to include information about the possibility and the time limits for objections in the amendment, as well as the relevance and the consequences of the failure to object.

17. Final Provisions

Individual changes, especially amendments and collateral agreements, require the written form, unless stated otherwise in these GTC. The same applies to a waiver of the requirement for the written form.

The Terms and Conditions and the usage of Funcubes services are subject to German law under exclusion of the UN sales law (CISG) and the conflict of laws.

Should any provision or provisions of these GTC be or become ineffective in whole or in part, the validity of the remaining provisions shall not be affected. In such a case, the void or ineffective clause shall be replaced by such a clause which most closely approximates to the economic purpose of the ineffective clause. The above provisions shall also apply in the event that the Terms and Conditions are found to be incomplete.



Funcubes Stuttgart, 25.06.2015