Version dated 2.10.2018
I. General Terms and Conditions
A.1. These General Terms and Conditions ( the “GT&C” or “contract”) apply to and govern the use of the “Golden Match”, “Slots Pharaoh’s Way” and “Slots Pharaoh’s Fire” applications (the “Apps”) of Funstage Spielewebseiten B.m.b.H with address at Wiedner Hauptstraße 94, 1050 Vienna, Austria (the “Company”) by the player (the “player”, “user” or “you”). The GT&C also apply to the purchase of virtual money (“Virtual currency” or “Diamonds”). The Apps are applications w available on mobile devices (iOS & Android) and which can therefore be played on mobile smartphones and tablets.
A.2. The type of use, especially on mobile devices and/or other hardware and/or software, has no influence on the applicability of these GT&C.
A.3. The Company expressly reserves the right to alter these GT&C at any time.
A.4. In order to access all servies offered by the Apps the player will be expressly required to agree to the GT&C. The Privacy Notice and Cookies Policy are integral part of the GT&C. By accepting the GT&C the player accepts also the Privacy Notice and Cookies Policy.
B. Place of Conclusion of the Agreement and Jurisdiction
B.1. All legal relationships between the Company and the user are governed by the Austrian law, excluding provisions of Austrian international private law and the UN Sales Law, unless the excluded law is more favourable for the user. The place of performance is Vienna.
C. The 1st district of Vienna shall be the place of jurisdiction for any disputes arising from or in connection with the existence, formation or termination of this contract between the user and Company.
C.1. The specific game rules, scoring rules, controls and guidelines for the Apps can be found within the Apps. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of the Apps which you choose to access and/or play.
C.2. At its own discretion, the Company can also subject access to the Apps, the content, services and/or performances provided therein, to specific conditions which shall be set out in the Apps for each case. Furthermore, access to the Apps, as well as the content, services and/or performances provided therein, can be temporarily or permanently restricted at any time; likewise, announcements shall be published in the Apps for each case.
C.3. The Company reserves the right to continuously enhance, alter, expand and limit the service offer.
C.4. The Apps are available via the Google Play Store and the iOS App Store for smartphones and tablets. Therefore, the terms and conditions of Google Play Store and iOS App Store also apply.
C.5. The Apps are played on the end device of the player. The connection costs accrued in this process are independent of the phone network or internet service provider used by the player, and are charged separately. Please note that under no circumstances shall the connection costs (plus any base fees) charged by the phone network or internet service provider be covered by the scope of services of the Company. These costs are charged by the phone network or internet service provider separately.
C.6. The Company reserves the right to alter, reduce and/or expand the provision of the Apps on a continuous basis. Furthermore, the Company is entitled to cease providing the Apps at its own discretion. If it asserts this right, the Company shall not be subject to any obligations towards the player. The player shall have no claim to compensation if the Apps are no longer provided or are only provided on a limited basis or under different conditions.
D Prerequisites for Participation
D. The Apps are protected by the copyright and trademark rights of the Company. The player is allowed to save the Apps on his/her end device. Any other form of saving, copying, any other duplication, editing or distribution of the game by the user is strictly forbidden.
D.1. The claim to participate in the services provided in the Apps exists only as offered by the Company, with consideration for all conditions and/or restrictions introduced by the Company. Such conditions and/or restrictions can apply to all players, player groups or even individual players.
D.2. The player bears sole responsibility for the technical configuration of the player’s end device. The Company shall offer players free support. Players are not entitled to have their questions answered within a specific period of time. The support team can be contacted using the support form in the Apps.
D.3. Any additional auxiliary services provided free of charge shall not be a component of the service owed and can be ceased by the Company at any time.
E. Apps Access
E.1 The players may access the Apps via the guest mode. The guest mode allows you to access the Apps and related services without the need to register an account. The data processed in the guess mode are very limited and anonymised, as provided in the Privacy Notice.
The Company may also allow the players to connect to Facebook in order to share their Apps gaming activities. This option shall be provided in the Apps based on the Companys´ discretion. This service is provided in cooperation with Facebook, therefore the players shall be subject also to Facebook terms and conditions.
The Company may decide to offer in the future other access forms to the Apps e.g. by registering players accounts. The players shall be notified within the Apps with regard to these options.
E.2. Participation in Apps is free and it unlocks selected content and services contained in the App.
E.3. The Company is entitled to disqualify (including permanently) the player from participating in the Apps content and/or services, either fully or in part. In this case, the virtual currency or other similar benefits won or collected cannot be disbursed.
E.4. The player is also responsible for protecting his/her access data against unauthorised third-party access. Any actions carried out via the account of the user or under the user’s name shall be attributed to the user.
E.5. The player may provide his/her email address and authorise the Company to send information by email regarding offers, updates, new features, new games, etc. This authorisation can be revoked at any time as provided in the Privacy Notice.
E.6. The Apps are only to be used for the purposes of entertainment.
E.7 The players represent that they are at least 18 years old before using the Apps. Persons that are under the age of 18 should not attempt to use the Apps, send any information to the Company and buy in-game currency through Google Play or iTunes. The Company assumes no responsibility or liability in case the users intentionally breach the age limit provided in the GT&C and/or circumvent the processes in order to use the Apps. In case we learn that a user is under 18, we will close the account.
F. Property Rights to Content
F.1. By accessing the Apps and/or using their services and/or content, the player acknowledges that the entire content of the Apps is the sole and unrestricted property of the Company. The player undertakes to use the Apps, services and any related content and information exclusively for the intended personal, private purpose, and to refrain from changing, copying, publishing, distributing or otherwise exploiting any of the aforementioned resources. The player further undertakes to refrain from interfering with the Apps, services and any related content and information by any technical means whatsoever.
G. Prohibition of Abuse
G.1. Abusive behaviour in the Apps is strictly prohibited. Such abusive behaviour includes, but is not limited to, the following:
- Intentionally providing incorrect or misleading information;
- Attempting to influence the outcome of games by means of programming or other prohibited means;
- Intentionally causing errors and disruptions in order to influence the course of a game;
- Violating the provisions of the GT&C
G.2. In particular, the player shall also:
- make absolutely no attempts to decompile or recreate the gaming software used in the Apps, access it in any other manner or develop software to access the gaming software or client–server communications used in the Apps;
- refrain from using any software which the Company considers to be a program that allows players to cheat;
- refrain from any use of scripts that have not been authorised by the Company;
- refrain from using any software which allows the player to analyse or reproduce the Apps or individual games and otherwise accessing the Apps, the games and their programming.
G.3. If necessary, the Company reserves the right to take the necessary steps to uncover and prevent the use of such software by the player, especially by identifying and localising the programs installed on the computer or (mobile) end device of the player or creating in-game behaviour profiles for the purposes of an investigation. If the Company should identify or have just cause to presume the use of prohibited software, it shall be entitled to block the account of the player in question for a minimum period of six (6) months or longer, withhold and/or declare as forfeit any virtual currency held by the account and/or ban the player from using the Apps and other services and content of the Company and companies affiliated with the Company, either fully or in part, temporarily or permanently.
H. Sanctions for Abusive Conduct
H.1. In cases of abusive behaviour on the part of a player, the Company reserves the right to terminate the contract with immediate effect. Furthermore, the Company is entitled to cancel ongoing games and ban the player from the Apps, with or without prior notice, and delete and/or withhold any credit.
I.1. The Company and the player, can terminate the contract at any time with immediate effect without being required to provide a reason. The player can delete the Apps from his/her mobile device at any time. Ther player shall have the right to exercise his/her rights according to the Privacy Notice. In case of termination the player shall lose his/her claim to use of the Apps and the services, content and Diamonds or other virtual currency purchased in connection with the Apps, which shall be deemed forfeit.
J.1. In the Apps, Diamonds can be obtained in a variety of ways and used in the games.
J.2. Diamonds are awarded under a system described in more detail in the FAQ of the Apps support area. The Company reserves the right to make changes to the system at any time.
J.3. The player may receive Diamonds free of charge but can also purchase them from the Google Play Store and iOS App Store. See section on Virtual Currency for more information on this subject.
K.1. The Apps offer different playing levels. To play a level, the player may be required at least one life or an equvalent form as provided in the Apps. The amount of lives is limited to a defined value. If the amount of lives is below the limit, the player will receive an additional life in defined intervals.
K.2. Losing a level will reduce the amount of lives by one.
K.3. If there are no lives left, the player may choose to wait until a life is restored or trade virtual currency to receive new lives.
K.4. Lives can never be converted to virtual currency.
L. Virtual Currency
L.1. The Company provides the opportunity to purchase and use virtual currencies or diamonds in the Apps.
L.2. Obtaining virtual curreny grants the player the right to use them as part of and in line with the game. The acquisition of any other rights at all (e.g. ownership) to the obtained virtual currency is excluded. The object of purchase is simply a temporary, localised right – with restricted content – to use these virtual currency as part of and in line with the games.
L.3. Regardless of the terminology used in the Apps or in the game, by purchasing virtual currency the player shall receive a temporary, localised right to use these virtual currency as part of and in line with the services in accordance with these GT&C. Reimbursement, redemption or compensation in real money is excluded. In the event of a breach of these GT&C, the Company shall be entitled to revoke and declare forfeit one or all rights granted for use of the virtual currency. Upon the termination of the legal relationship, on whatever grounds, all rights granted for use of the virtual currency shall end. The virtual currency remaining on the date of termination shall be forfeit. The player has no entitlement to compensation.
L.4. If case law in the country of the player should deem the Apps illegal or partially illegal, the player must refrain from using the Apps. Players may only purchase virtual currency if their countries allow the purchase of virtual currency.
L.5. The player is not permitted to transfer his/her virtual currency to third parties. Furthermore, it is not permitted to purchase, sell or trade virtual currency outside of the Apps. Doing so shall represent a breach of these GT&C and result in the exclusion of the player from the service of the Company.
L.6. The services of the Apps, any data on the servers of the Company and any player content are the sole and unrestricted property of the Company.
L.7. The offer of virtual currency can be found in the Apps. The Company reserves the right to alter, reduce and/or expand the offer of virtual currency on a continuous basis and to alter the price of virtual currency at any time and without justification. Furthermore and at its own discretion, the Company is entitled to cease offering virtual currency or to provide them either free of charge or at a price. If it asserts this right, the Company shall not be subject to any obligations towards the player. The player shall have no claim to compensation if his/her virtual currency are no longer provided or are only provided under different conditions. This applies to virtual currency offered on both a temporary and permanent basis. Furthermore, the Company shall always be entitled to delete or alter the gaming account and its gaming history and virtual currency without providing a reason. In such cases, the player shall be entitled to terminate the agreement with immediate effect. Additional claims of the player are excluded.
L.8. The Virtual currency is paid for via the Google Play Store and iOS App Store. The currency used to pay for the virtual currency depends on the home country of the player.
L.9. The virtual currency shall be deemed paid for if the amount is irrevocably credited to the account of the third-party provider (Google and Apple).
L.10. The Company reserves the right to reject allotments of virtual currency or limit the number of virtual currency or the overall amount at its own discretion. If it suspects fraud or violations against the law or these GT&C, the Company shall be entitled to suspend purchasing processes and the associated payment transactions until the situation is resolved. Furthermore, the provisions under section H shall apply.
II. Liability and Guarantee
A. Claims for damages against the Company, companies affiliated with the Company and vicarious agents of the Company in connection with the services and content provided in the Apps shall be excluded if the damage in question was not caused as a result of intent or gross negligence on the part of the Company, companies affiliated with the Company or vicarious agents of the Company. This limitation of liability does not apply to physical injury.
B. The Company, the companies affiliated with the Company and/or the vicarious agents of the Company and its distribution partners for the Apps shall only be liable for damage beyond the ambit of the Austrian product liability law (PHG) as stipulated by the statutory provisions.
C. The Company accepts no liability for any type of damage caused as a result of abuse of the Apps by the player. Moreover, the Company accepts no liability for any type of damage caused as a result of abuse of the Apps by third parties (i.e. persons other than the Company, its vicarious agents, companies affiliated with the Company or the player), provided that the abuse by the third party was not caused by gross negligence or intent on the part of the Company.
D. The Company accepts no liability for any damage caused by circumstances beyond its influence (force majeure etc.).
E. In the event of a breach of these GT&C, the player shall be obliged to immediately inform the Company accordingly. In the event of a breach of these GT&C, the player shall also be obliged to indemnify the Company against consequent damage and third-party claims and provide compensation for losses, expenses or damage resulting from this. This does not limit the duty of the Company to mitigate losses.
III. Miscellaneous Provisions
A. The Company assures that the generation of the numbers is fully random. They are based on generation pools programmed by the Company. More information on the random generator can be requested using the support form in the Apps.
B. The current version of the GT&C can be found in the Apps. The players shall be required to read and accept any change to the GT&C. If the player objects to the new version, the Company shall terminate the services and the Apps must be uninstalled or deleted from the player’s device.
C. All announcements and statements concerning this legal relationship shall only be valid if released in the Apps.
D. By using the Apps, every player acknowledges the exclusive intellectual and property rights of the Company to these GT&C.
E. If any of the provisions or conditions of this contract should be legally ineffective, this shall not affect the rest of this contract. This shall not apply if, in such an event, adherence to the contract would represent an unreasonable hardship for one the party.
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