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General Terms and Conditions
1. These GTC apply to and govern the use of the ‘Gaminator’ application (in short ‘Gaminator’ or ‘the App’) provided by Funstage Spielewebseiten Betriebsges.m.b.H (hereinafter ‘the Operator’). These GTC also apply in particular to the acquisition of virtual currency (‘Gaminator Credits’). Gaminator is a mobile application that the User can obtain 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 mobile smartphones, tablets and in supported browsers (hereinafter “the App”).
2. The manner of usage on mobile devices or via web browsers does not affect the applicability of the GTC.
3. The Operator, Funstage Spielewebseiten Betriebsges.m.b.H, expressly reserves the right to change these GTC at any time.
4. By installing, registering and using the App, the User confirms that they are fully aware of these GTC and expressly declares that they consent to them.
B. Place of contract formation
1. All legal relations between the Operator and the User are exclusively subject to Austrian law, excluding the principles on conflicts of law under Austrian international private law and the United Nations Convention on Contracts for the International Sale of Goods, provided no legally prescribed provisions that are more advantageous to the User apply, for instance consumer rights under the scope of Regulation (EC) 593/2008. The place of fulfillment is Vienna.
2. 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 – provided this is legally permissible – the court responsible for the first municipal district of Vienna. Legal action by the Operator against users who are consumers within the meaning of the Austrian Consumer Protection Act and who either (i) are ordinarily resident in or (ii) have their place of residence in Austria or (iii) are employed in Austria can only be brought before the court with jurisdiction for the place (a) where the applicable user is ordinarily resident, (b) where the applicable user has their place of residence or (c) where the applicable user is employed.
C. Subject of business
1. The Operator offers various slot games in the App.
2. The Operator can, at their own discretion, also make access to the App and slot games and any content and/or services offered therein subject to certain conditions which the User will be notified of in the App in individual cases. In addition, access to the App and slot games and any content and/or services offered therein can also be temporarily or permanently restricted at any time. The User will also be notified of this in the App in individual cases.
3. The Operator reserves the right to continuously expand, modify, supplement or restrict the services that are offered.
4. The App is offered for smartphone and tablet platforms via the Google Play Store and the Apple App Store. In this regard, the provisions of the respective third-party provider also apply.
4a. The App is downloaded to the User’s device via an Internet connection and then used on this device. The resulting connection costs depend on the applicable mobile or Internet provider and are charged separately. It is expressly noted that connection costs charged by the mobile or Internet provider (as well as any basic charges) categorically do not fall under the scope of the Operator’s services and are charged separately by the applicable mobile or Internet provider.
4b. The provided App is subject to the Operator’s copyright and trademark protection. The User is permitted to save the App on their device. Otherwise storing, copying, reproducing in any other way, editing or distributing the App in any form at all is strictly prohibited.
5. The Operator reserves the right to continuously modify, reduce and/or expand the provision of the App and/or to modify the prices for the App at any time without specifying reasons. In addition, the Operator is entitled, at their discretion, to cease providing the App. Should the Operator exercise this right, they have no obligations to the User. The User is not entitled to reimbursement if the App they downloaded is no longer provided or is only provided subject to restricted or modified conditions.
D. Conditions of participation
1. The User is only entitled to participate in the slot games and services offered in the App subject to the scope actually offered by the Operator and all conditions and/or restrictions imposed by the Operator. These conditions and/or restrictions may apply to all users, groups of users or only individual users.
2. The technical configuration of the User’s device is the sole responsibility of the User. The Help and FAQ topics contain details on the recommended configuration. The Operator offers users free support. Users do not have a right to have their queries answered. Support can be contacted via the support form in the App.
3. Users have no entitlement to additional free services that are offered beyond this. These additional services can be discontinued by the Operator at any time.
1. The User registers on Gaminator through their Facebook account using the ‘Facebook Connect’ function or via an email address. By installing and using the App, the User confirms that they are fully aware of these GTC and expressly declares that they consent to them. If the User does not consent to the GTC, they may not use the App and must uninstall/delete it.
2. Other than using a Facebook or email account, it is also possible to use a guest account. The guest account enables use of the App but does not support all functions enabled for registered users. The Gaminator Credits acquired via the guest account remain saved on the User’s device. If the User has a guest account and subsequently connects their Facebook account or email address to the App, the Gaminator Credits they have acquired are also connected to their account.
3. Participating in Gaminator is free of charge and enables the general use of selected slot games included in the App.
4. The following details from the User’s Facebook account are saved:
5. By registering on Gaminator, the User consents to their name and profile picture being made accessible to a limited number of individuals within the App – the App friends. This means that their name and profile photo can appear in search engine results. In addition, the User can separately consent to the Operator posting on their behalf.
6. By connecting their Facebook account or email address to the App, the contract between the User and the Operator concerning the use of content and services provided in Gaminator is formed.
7. The Operator is entitled to bar the User from participating in the services and content in whole or in part (including on a permanent basis). A payout of Gaminator Credits (that have been won) is not possible.
8. The Operator is entitled to set a monthly limit for the deposits of the user.
9. The User must protect their Facebook login details or their email address against unauthorized use by third parties. Any activity carried out using the account/details of the User is attributed to them.
10. If the User discloses their email address to the Operator, they thereby provide the Operator with the permission to inform the User of offers, updates, new features, new games, etc. via email. This consent can be withdrawn at any time via a link in the relevant emails.
11. The App is intended for individuals who have reached the legal minimum age in their home country. In addition, the App is intended exclusively for entertainment purposes. Persons aged under 18 are not permitted to use it. The Operator does not knowingly collect information relating to individuals who have not yet reached the legal minimum age.
F. Ownership of content
1. By connecting their Facebook account or email address to the App, the User acknowledges that all content in the App is the sole and unlimited property of the Operator. The User undertakes to use all services provided in the App as well as all content and information they contain exclusively for the purposes of personal, private use in accordance with regulations, 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 App, its services or any content and information they contain.
G. Prohibition of misuse
1. Misuse of the App is strictly prohibited. Misuse includes in particular, but is not limited to, the following:
2. In particular, the User also undertakes not to:
3. The Operator reserves the right to take necessary steps where required in order to detect and prevent the use of such software by users, in particular by identifying or localising programs installed on a user’s mobile device or creating profiles of player behaviour for investigative purposes. If the Operator establishes the use of prohibited software or has good reason to suspect that it is being used, they are entitled to block the relevant user’s access to the App, to retain and/or delete any virtual currency contained on the App and/or to bar the user, temporarily or permanently, from using in whole or in part the App or any other services and content provided by the Operator or companies associated with the Operator.
H. Sanctions for misuse
1. In case 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 App and to delete and/or retain any virtual currency.
I. Termination/data deletion
1. 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 App is being used via a guest account on your mobile end device, the App must be uninstalled from the mobile device in order to delete it. If the User has registered through Facebook Connect or via an email address, the App must be deleted in the App settings. If the User wishes the Operator to delete all data that has been collected on them, they can request this deletion via the support form in the App. After receiving the deletion request, the Operator will delete all the User’s data except for any data required for administrative purposes and/or any data that the Operator is legally required to retain and process and must hence continue to store. By deleting the data, the User loses all entitlement to use the App and any services, content or Gaminator Credits acquired in relation with the App. Any Gaminator Credits are deleted along with the data.
J. Gaminator Credits
1. Gaminator Credits can be acquired via various actions in the App and can be used in the slot games.
2. Gaminator Credits are allocated via a system that is explained in greater detail in the FAQs in the Help section in the App. The Operator reserves the right to make changes to the system at any time.
3. The User receives Gaminator Credits free of charge, but can also purchase them subject to a charge in the store. For more information on this topic, see Point K, ‘Virtual currency’.
K. Virtual currency
1. The Operator offers users the opportunity to acquire and use Gaminator Credits in the App.
2. Acquiring Gaminator Credits only entitles the User to use them in the context of and corresponding to the slot games; no additional rights with respect to the acquired Gaminator Credits (e.g. ownership) can be acquired. The sole object of purchase is a license to use Gaminator Credits in the context of and corresponding to the respective slot game, subject to restrictions with respect to time, content and location.
3. Regardless of the terminology that is used in the App or the slot game, by purchasing Gaminator Credits the User exclusively receives a license to use Gaminator Credits in the context of and corresponding to the respective slot game in accordance with these GTC and subject to restrictions with respect to time, content and location. Any refund, redemption or reimbursement in real currency is excluded. In case of infringements of these GTC, the Operator is entitled to withdraw and cancel one or all licenses issued for the use of Gaminator Credits. If this contractual relationship is terminated for any reason, all licenses issued for the use of Gaminator Credits are canceled. Any Gaminator Credits that the User still has at the time of termination will be deleted. The User is not entitled to reimbursement.
4. If the use of the App is legally prohibited in the User’s country, the User must refrain from using the App. Gaminator Credits can only be acquired by users whose countries permit the acquisition of virtual currency.
5. The User is expressly prohibited from transferring their Gaminator Credits to third parties. In addition, it is not permitted to acquire, sell or exchange Gaminator Credits outside the App. Infringing these provisions is a violation of the GTC and will result in the User being barred from the Operator’s service.
6. The App services, any data on the Operator’s servers and any User content are the sole and unrestricted property of the Operator.
7. Available Gaminator Credits are displayed in the App. The Operator reserves the right to continuously modify, reduce and/or expand the provision of Gaminator Credits and/or to modify the prices for Gaminator Credits at any time without specifying reasons. In addition, the Operator is entitled, at their discretion, to cease providing Gaminator Credits or to make them available either for free or subject to a charge. Should the Operator exercise this right, they have no obligations to the User. The User is not entitled to reimbursement if the Gaminator Credits that they have been using are no longer provided or are only provided subject to modified conditions. This applies both to Gaminator Credits provided 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 Gaminator Credits 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.
8. Payment for Gaminator Credits is made via the relevant third-party provider (such as the Google Play Store or the Apple App Store).
9. The currency for the purchase of Gaminator Credits depends on the provider the payment is being made to (Google Play Store, Apple App Store) and the User’s country.
10. Payment for the Gaminator Credits 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 responsible authorities.
11. The Operator reserves the right, at their own discretion, to refuse allocations of Gaminator Credits or to impose limits on the number of Gaminator Credits or total amount. If deception or violations of legal provisions/these GTC are suspected, the Operator is entitled to freeze acquisition processes and associated payment transactions until the situation is clarified. The provisions under Point H also apply.
II. Liability and Guarantee
1. 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 in the 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 injuries.
2. The Operator, companies associated with the Operator, agents appointed by the Operator or companies associated with the Operator and/or the 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.
3. The Operator does not assume any liability for damages of any kind resulting from misuse of the App by the User. Furthermore, the Operator does not assume any liability for damages of any kind resulting from misuse of the 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.
4. The Operator assumes no liability for any damages resulting from circumstances beyond the Operator’s control (force majeure, etc.)
5. The User is obliged to inform the Operator promptly in case of any violation of these GTC. The User is also obliged, in case of any violation of these GTC, 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
1. The Operator ensures that random numbers are generated by an internationally recognized random number generator and are not influenced by the Operator in any way with the exception of the tutorial.
2. The current version of the GTC can be found in the App under ‘Settings’ > ‘Legal’. The User undertakes to keep themselves up to date on the current version of the GTC. If a new version of the GTC is published, by using the service the User accepts this new version. If the User does not consent to the new version, they must uninstall the App or delete it under Settings in their Facebook account.
3. The Operator uses push notifications to communicate with users. These notifications can be activated or deactivated in the App (Android) or under Settings on the User’s mobile device (iOS). In the web application, this setting can be found in the options menu of the App.
4. Any notifications and declarations that affect this contractual relationship are only valid if they are made in the App.
5. By using the App, all users consent to these GTC being the exclusive (intellectual) property of the Operator.
6. The remainder of 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.
7. Only one user account per user is allowed.
8. The User asserts that they have not been banned from play by the Operator or by a company connected to the Operator.