Terms & Conditions
Version as of 23.09.2022
- These Terms and Conditions (the “T&C” or “Contract”) apply to and govern the use of the www.gaminator.com website and the application (the “Gaminator” “Website/App” ) provided by Funstage GmbH with its registered address at Wiedner Hauptstraße 94, 1050 Vienna, Austria (the “Operator” ). The T&C also apply in particular to the acquisition of virtual currency (for example the “Gaminator Credits”) by the Website’s/App’s users (the “Players” or Users”). The Gaminator mobile application can be obtained from third-party providers, including the Google Play Store and the Apple App Store, as well as a web application. This enables Gaminator to be played on smartphones, tablets and in supported browsers.
- The manner of usage on mobile devices or via web browsers does not affect the applicability of the T&C.
- The Operator expressly reserves the right to change these T&C at any time.
B. Place of contract formation
- The legal relationship between the Operator and the User is governed by Austrian law, excluding the provisions of Austrian international private law and UN Sales Law, unless the excluded law is more favourable for the user, such as Regulation (EC) 593/2008. The place of fulfilment is Vienna.
- The court of jurisdiction for any disputes arising from or in connection with the existence, formation or termination of the legal relationship between the User and the Operator is the court responsible for the first Municipal District of Vienna, unless other legal provisions apply.
C. Subject of business
- The Operator offers various slot games on the Website/App.
- The Operator can, at its own discretion, provide access to the Website/App, and to any content and/or services offered therein, subject to certain conditions. In addition, access to the Website/App, and to any content and/or services offered therein, can also be temporarily or permanently restricted at any time. The Users will be notified in such cases.
- The Operator reserves the right to continuously expand, modify, supplement or restrict the services that are offered.
- The Website/App are offered for smartphone and tablet platforms via the Google Play Store and the Apple App Store and are also available for certain browsers on desktop computers on the web. In this regard, the provisions of the respective third-party provider also apply.
- If the App is downloaded on the User’s device via an internet connection and used on this device, the resulting connection costs depend on the applicable mobile or internet service provider and are charged separately. It is expressly stated that connection costs charged by the mobile or internet service provider, as well as any other basic charges, categorically do not fall under the scope of the Operator’s services.
- The Website/App are subject to the Operator’s copyright and trademark protection. The Users are permitted to save the App on their devices. Other means of storage, copying, reproduction in any other way, and editing or distribution of the App in any form at all are strictly prohibited.
- The Operator reserves the right to continuously modify, reduce and/or expand the provision of the Website/App and/or to modify the prices for the Website/App at any time without specifying reasons. In addition, the Operator is entitled, at its own discretion, to cease providing the Website/App. Should the Operator exercise this right, it has no obligations towards the User. The User is not entitled to reimbursement if the Website/App he/she downloaded are no longer provided or are only provided subject to restricted or modified conditions.
D. Conditions of participation
- The User is only entitled to participate in slot games and services offered on the Website/App subject to the scope, conditions and/or restrictions imposed by the Operator. These conditions and/or restrictions may apply to all Users, groups of Users or only to individual Users.
- The technical configuration of the User’s device is the sole responsibility of the User. The Help and FAQ pages contain details of the recommended configuration. The Operator offers free support to Users. Users do not have the right to have their queries answered. User support can be obtained using the support form on the Website /App.
- Support is offered free of charge. Users have no entitlement to additional free services. Any additional services can be discontinued by the Operator at any time.
All Users of Gaminator shall accept and consent to the T&C. If the Users do not accept the T&C, they may not use the Website/App and must uninstall and/or delete it.
In addition to accounts registered via Facebook, Apple and/or email, the Users may play as guests, also called “try-mode”. Try-mode enables the use of the Website/App but does not support all functions enabled for registered users. The virtual currency (for example, the Gaminator Credits) acquired via try-mode remain saved on the User’s device. If the User is in try-mode and subsequently registers an account via Facebook and/or email with the Website/App, the virtual currency acquired within try-mode shall be assigned to the registered account.
Visiting Gaminator is free of charge and enables the general use of selected slot games included on the Website/ App.
In the event of account registration via email, the following user data shall be collected:
In the event of account registration via Facebook, the following data from the User’s Facebook account shall be collected:
- Name (first name and surname);
- Email address
- Facebook user ID;
- Facebook token;
- Facebook profile picture;
- Facebook location;
- Facebook app friends.
In the event of account registration via Apple, the following information from the Apple account is collected:
- Apple identifier for developers;
- Apple login details.
In all cases, the Users shall need to confirm that they are at least 18 years old upon registration.
5. By registering on Gaminator, the User’s nickname, a preselected avatar picture or their Facebook profile picture shall be made accessible to the other Users on the Website/App. In addition, if applicable, the User shall separately consent to the Operator making posts on their behalf.
- The User confirms that he/she has not been previously banned from play by the Operator or by a company connected to the Operator. Only one registered account per User is allowed.
- To offer the User the best possible experience, the Operator uses different channels to promote special bonuses, price reductions, new features and general information about updates, new slots, in-game activities, changes in the User’s status or upcoming promotions and individual prices. These channels may include, but are not limited to, the following:
- Email: provided by the User during registration via Facebook, Apple or email. The User can activate or deactivate this communication channel on the Website /App at any time.
- Push notification: the User can enable and disable this feature on the Website /App.
- App: generic notifications from the App such as banners or buttons in the lobby, messages via the inbox or special promotions in the shop.
The Privacy Notice provides further details on the marketing communications and user rights.
- The Operator is entitled to bar the User from participating in some or all of the services and using some or all of the content, including permanently, due to breach of the T&C. In such cases, it will not possible to make any payout of Gaminator Credits that have been won or purchased by the User.
- The Operator is entitled to set a monthly limit for the User’s purchases.
- The User must protect his/her Facebook login details, Apple login details or email address against any unauthorised use by third parties. Any activity carried out using the registered account of a User will be attributed to him/her.
- The Website/App is only available to individuals who have reached the minimum age of 18 years on the date of registration. The Website/App is intended for entertainment purposes only. The Operator does not knowingly collect information relating to individuals who have not yet reached the minimum age of 18 years. In the event that the User intentionally provides inaccurate information about his/her age, it will qualify as a breach of the T&C and entitle the Operator to immediately close the User´s account and terminate all services.
F. Ownership of content
- By creating an account via Facebook or by sending an email to the Website/App, the User acknowledges that all content of the Website/App is the sole and unlimited property of the Operator. The User as well as any person accessing an account on the Website/App undertakes to use all services provided on the Website/ App, as well as all content and information they contain, exclusively for the purposes of personal or private use in accordance with the GT&Cs and not to modify, copy, publish or distribute them or use them in any other way, and not to use technical means to intervene in any way in the Website/App, its services or any content and information they contain.
G. Prohibition of misuse
- Misuse of the Website/App is strictly prohibited. Misuse includes in particular, but is not limited, to the following:
- Intentionally providing incorrect or misleading information, including age;
- Attempting to influence the results of games by intervening in the program or by any other unauthorised means;
- Intentionally causing errors and disruption in order to influence the course of a game;
- Violating other regulations included in the T&C.
- In particular, the user also undertakes not to:
- Attempt to decompile or replicate the game software used in the Website/App, to intervene in this software in any other way or to develop software that intervenes in the game software and client-server communication used in the Website/App;
- Use any software programs that enable the use of artificial intelligence;
- Use software that, solely at the Operator’s discretion, is deemed to constitute a program that enables users to cheat;
- Use scripts that are unauthorised by the Operator;
- Use software that allows the user to analyse or reproduce the Website/App or individual games or intervene in the Website/App and the games or their programming in any other way;
- Use programs that place excessive demand on the server.
- The Operator reserves the right to take necessary steps where required to detect and prevent the use of any interventions by users, in particular by identifying or localising programs installed on a User’s mobile device or creating profiles of player behaviour for security and investigative purposes. If the Operator establishes the use of prohibited software or has good reason to suspect that it is being used, it is entitled to block the relevant User’s access to the Website/App, to retain and/or delete any virtual currency contained on the Website/App and/or to bar the User, temporarily or permanently, from using in whole or in part, the Website/App or any other services and content provided by the Operator or companies associated with the Operator.
H. Sanctions for misuse
- In the event of misuse by a User, the Operator reserves the right to terminate the contract without notice. In addition, the Operator has the right to cancel any ongoing games and to bar that User, with or without prior notice, from the Website/App and to delete and/or retain any virtual currency.
- Both parties to the contract, i.e., both the User and the Operator, can terminate the contract at any time with immediate effect without giving reasons. If the User wishes to withdraw consent or wishes to terminate the contract, the player can delete his/her account permanently from the settings within the App. The User loses all entitlement to use the App and any services, content or Gaminator Credits acquired in relation to the App. Any Gaminator Credits and status information are deleted along with the User’s account.
J. Virtual currency
- The Operator offers Users the opportunity to acquire and use so-called virtual currencies, for example Gaminator Credits, on the Website/App. Here, the user can purchase virtual currencies for a charge in a store. The Operator might introduce additional virtual currencies, other than Gaminator Credits, in the future. The User may also receive virtual currencies free of charge.
- Acquiring virtual currencies, such as Gaminator Credits, only entitles the User to use them in the context of and in accordance with the slot games and features of the Website/App. No additional rights with respect to the acquired virtual currencies, such as ownership or payout, can be acquired. The sole object of purchase is a permit the use of virtual currencies acquired in the context of and in accordance with the respective slot game or feature, subject to restrictions with respect to time, content and location.
- Regardless of the terminology that is used in the Website/App or the slot game, by purchasing virtual currencies such as Gaminator Credits the User exclusively acquires the right to use virtual currencies in accordance with the T&C. Any refund, redemption, reimbursement or payout in real currency is excluded. In the event of breaches of the T&C, the Operator is entitled to withdraw and cancel one or all rights issued for the use of virtual currencies. If this contractual relationship is terminated for any reason, all rights issued for the use of virtual currencies on the Website/App are cancelled. Any virtual currency that the User still has at the time of termination will be deleted. The User is not entitled to reimbursement or payout.
- If use of the Website/App is legally prohibited in the User’s country, the User must refrain from using the Website/App. Virtual currency used on the Website/App can only be acquired by Users whose countries permit the acquisition of virtual currency.
- The User is expressly prohibited from selling, transferring or acquiring accounts and/or virtual currency to or from players or other third parties. In addition, it is not permitted to acquire, sell or exchange virtual currency outside the Website/ App. Infringing these provisions is a violation of the GT&Cs and will result in the closure of the account and termination of the Operator’s services.
- The Website/App services, any data on the Operator’s servers and any user content are the sole and unrestricted property of the Operator.
- The virtual currencies available are displayed on the Website/App. The Operator reserves the right to continuously modify, reduce and/or expand the provision of Gaminator Credits and other virtual currencies and/or to modify the prices for Gaminator Credits and other virtual currencies at any time without specifying the reasons. In addition, the Operator is entitled, at its own discretion, to cease providing virtual currencies or to make them available either for free or subject to a charge. Should the Operator exercise this right, it has no obligations towards the User. The User is not entitled to reimbursement if the virtual currencies from the Website/App that they have been using for free are no longer provided or are only provided subject to modified conditions. This applies to any virtual currency provided for free both on a temporary and a non-temporary basis. In addition, the Operator has the right to delete or modify the gaming account and associated player history or any other virtual currencies at any time without specifying reasons. In such a case, the User is entitled to terminate the contract with immediate effect. Any further claims by the User are excluded.
- Payment for virtual currencies is made via the relevant third-party payment provider, such as the Google Play Store or the Apple App Store.
- The currency for the purchase of Gaminator Credits or any other virtual currency used on the Website/App depends on the provider being used to make payment to the Google Play Store, Apple App Store and the User’s country.
- Payment for the virtual currencies used on the Website/App is complete once the payment amount has been irrevocably credited to the account of the third-party provider. All account and/or monetary transactions are checked by the Operator without liability. Any suspicious account and/or monetary transactions will be reported to the authorities responsible.
- The Operator reserves the right, at its own discretion, to refuse allocations of virtual currencies or to impose limits on the number of virtual currencies or total amount. If deception or violations of legal provisions/these T&C are suspected, the Operator is entitled to suspend acquisition processes and associated payment transactions until the situation is clarified. The provisions under Point H above also apply.
II. Liability and guarantee
- Claims for damages from the Operator, companies associated with the Operator and agents appointed by the Operator in relation to the services and content provided on the Website/App are excluded unless the relevant damages were caused deliberately or as a result of gross negligence by the Operator or companies associated with the Operator or agents appointed by the Operator. This limitation of liability does not apply to personal injury.
- The Operator, companies associated with the Operator, agents appointed by the Operator or companies associated with the Operator and/or the Website/App distribution partners appointed by the Operator or companies associated with the Operator are only liable for damages that fall outside the scope of product liability law where legal provisions apply.
- The Operator does not assume any liability for damages of any kind resulting from misuse of the Website/App by the User. Furthermore, the Operator does not assume any liability for damages of any kind resulting from misuse of the Website/App by third parties, i.e., persons other than the Operator, companies associated with the Operator, agents appointed by the Operator, or the User, unless the misuse by the third party was caused deliberately or as a result of gross negligence by the Operator.
- The Operator assumes no liability for any damages resulting from circumstances beyond the Operator’s control (force majeure etc.)
- The User is obliged to inform the Operator promptly in the event of any breach of the T&C. The User is also obliged, in the event of any breach of these T&C, to indemnify the Operator against any resulting damages and claims from third parties and to pay for any resulting losses, costs or damages. This does not affect the Operator’s duty of mitigation.
III. Other provisions
- The Operator ensures that games´ random numbers are generated by an internationally recognised random number generator and are not influenced by the Operator in any way.
- The updated version of the T&C can be found in the App under ‘Settings’ > ‘Legal’. The User is required to read the T&C. If a new version of the T&C is published, the User will be required to accept the new version. If the User does not accept the new version of the T&C, the User may not use any services provided by the Operator. If the User wants to delete his/her account, he/she must request the deletion of his/her account via support and delete the App.
- Any notifications and declarations that affect this contractual relationship are only valid if they are made on the Website/App.
- The contract remains in force even if individual provisions and conditions prove to be legally void. This does not apply if, in such a case, adherence to the contract would constitute an unreasonable hardship for one of the parties to the contract.