General Terms and Conditions
I. General Terms and Conditions
A. Scope of application
1. These general terms and conditions (‘Terms’) shall apply to and govern the use of the ‘Gaminator’ application (for short: ‘Gaminator’ or ‘the app’), developed by Funstage Spielewebseiten Betriebsges.m.b.H (hereinafter also ‘the operator’). In particular, the Terms shall also apply to the acquisition of virtual currency (‘Gaminator credits’). Gaminator is a mobile application that users can obtain from third parties, including the Google Play Store and the Apple App Store. This means that Gaminator can be played on mobile smartphones and tablets.
2. The manner in which mobile devices are used does not affect the validity of the Terms.
3. The operator, Funstage Spielewebseiten Betriebsges.m.b.H, expressly reserves the right to change the Terms at any time.
4. By installing, registering and using the app, the user acknowledges that he or she has read the Terms in full and at the same time expresses his or her explicit consent to the Terms.
B. Place of contract
1. All legal relations between the operator and the user are subject exclusively to Austrian law, excluding provisions on the conflict of laws set out in the Austrian International Private Law and the United Nations Convention on Contracts for the International Sale of Goods unless mandatory legal provisions that are more favourable for the user are applicable in all cases, such as consumer rights under the Rome I Regulation (EC 593/2008). The place of fulfilment is Vienna, Austria.
2. The place of jurisdiction for any disputes arising out of or in connection with the formation, existence or termination of the legal relationship between the user and the operator shall be the responsible court for District 1 in Vienna, if this agreement is legally permissible. Against users who are classified as consumers under the Austrian Consumer Protection Act and who are either (i) ordinarily resident in Austria, (ii) domiciled in Austria or (iii) employed in Austria, the operator may only file a lawsuit through the responsible court in the area where the user concerned is (a) ordinarily resident, (b) domiciled or (c) employed, with respect to the where the job is performed.
C. Description of services
1. The operator provides a range of online slot machines through the app.
2. The operator may, at its discretion, specify conditions concerning access to the app and the online slot machines as well as the content and services provided therein; notification of these shall be given in the app on a case-by-case basis. Furthermore, operator may temporarily or permanently limit access to the app and the online slot machines as well as the content and services provided therein; notification of this shall also be given in the app on an individual basis.
3. The operator reserves the right to extend, change, augment or restrict the range of services on a continuous basis.
4. The app is available for smartphone and tablet platforms through the Google Play Store and the Apple App Store. In this regard, the provisions of the applicable third party shall also apply.
5. The app is downloaded using an Internet connection on the user’s end device, and it is then used on the same device. The connection costs incurred depend on the individual mobile or Internet service provider and shall be charged separately by the provider. It is expressly made clear that the connection costs charged by the mobile or Internet service provider (and any basic charges) are by no means covered by the scope of services provided by the operator and shall be charged separately by the respective mobile or Internet service provider.
6. The operator reserves the right to modify, reduce or expand the offer of the app on a continuous basis and to change the prices for the app at any time without stating a reason. Furthermore, the operator is entitled to stop offering the app at its discretion. The operator has no obligations to the user in exercising this right. The user is not entitled to compensation if the downloaded app is no longer available or is only offered subject to limited or changed conditions.
7. The app offered is subject to copyright and trademark protection in favour of the operator. The user is authorised store the app on his or her end device. However, any other form of storage is strictly forbidden, as is copying, otherwise duplicating, further processing or distributing the app.
D. Conditions for participation
1. The right to play the online slot machine games and to use the services offered in the app only exists to the extent actually offered by the operator in each case, taking into account all conditions and/or restrictions imposed by the operator. Such conditions and/or restrictions may apply to all users and user groups or only individual users.
2. The technical configuration of the user’s end device is the sole responsibility of the user. Details concerning the recommended configuration can be found under Help and FAQ. The operator offers users a free support service. There is no entitlement to receive an answer to every enquiry. The support team can be contacted using the corresponding form in the app.
3. Any additional services offered free of charge that go beyond this support service do not form part of the service due and may be cancelled by the operator at any time.
1. The user can register for Gaminator using a personal Facebook account and the Facebook Connect function. By installing and using this app, the user acknowledges that he or she has read the Terms in full and expresses his or her explicit consent to the Terms. If the user does not agree with the Terms, the app may not be used and should be uninstalled or deleted.
2. It is possible to use a guest account as well as a Facebook account. A guest account makes it possible to use the app, but this does not support all the features that are available by registering with a Facebook account. The balance of Gaminator credits acquired using the guest account remain stored on the user’s end device. If the user has a guest account and later links the app to his or her Facebook account, the balance of Gaminator credits acquired shall also be associated with the Facebook account.
3. It is free to use the Gaminator app, which allows users to play a selection of slot machine games included in the app.
4. The following information from the user’s Facebook account will be stored:
- Name (first name and surname)
- Profile picture
- Email address
- Facebook user ID
- Facebook tokens
- Friend list
5. By registering on Gaminator, the user agrees that his or her name and profile picture will be made public. As a result, the name and profile picture may appear in search engine results. Furthermore, the user may give the operator permission in a separate agreement to create posts in his or her name.
6. When a Facebook account is linked to the app, the contract comes into effect between the user and the operator concerning the use of the content and services provided in the Gaminator app.
7. The operator is entitled to exclude the user from using the services and/or content in full or in part, even on a permanent basis. In such an event, the (won) Gaminator credits cannot be paid out.
8. The user is required to protect his or her login details from unauthorised access by third parties. Any activities carried out using the account or the user’s information shall be attributed to the user.
9. By providing the operator with a personal email address, the user gives the operator permission to send emails containing information about special offers, updates, new features, new games and so on. This permission may be withdrawn at any time by following a link in the relevant email.
10. The app is intended for individuals who have reached the legal age in their home country. Furthermore, the app is designed for entertainment purposes only. Individuals under the age of 18 are not permitted to use the app. The operator collects information about people who have not yet reached the legal age without their knowing.
F. Intellectual property
1. By linking a Facebook account to the app, the user acknowledges that the entire content of the app is the sole and unrestricted property of the operator. The user agrees to use all the services of the app and all the content and information contained therein solely for personal and private use in accordance with the contract. Furthermore, the user shall not modify, copy, publish, distribute or otherwise use the app, and nor shall the user manipulate the app, its services or any of the content and information contained therein using technical means or in any other way whatsoever.
G. Misconduct and abuse
1. Misconduct and abuse when using the app is strictly forbidden. The following acts in particular shall be deemed as misconduct, although this list is not exhaustive:
- deliberately providing inaccurate or misleading information;
- attempting to influence the results of games by altering the program (hacking) or by abusing the rules in any other way;
- deliberately causing malfunctions or defects in order to influence the course of a game;
- violating any other regulations contained in the present Terms.
2. In particular, the user shall not:
- make any attempt to decompile or reverse engineer the game software used in the app or to interfere with this in any way, or develop software that interferes with game software and client–server communication used in the app;
- use any kind of software program that makes it possible to use artificial intelligence;
- use any software classified as a program by the operator at its sole discretion and that allows users to cheat;
- make use of any scripts that have not been authorised by the operator;
- use software that allows the user to analyse or reproduce the app or individual games, or to interfere with the app and the games or their programming in any other way;
- use programs that place an excessive load on the server.
3. The operator reserves the right to take the necessary steps to detect and prevent the use of such software by users if the need should arise, especially to identify and locate the programs installed on the user’s end device or to create player behaviour profiles for the purpose of investigation. If the operator identifies or has reason to suspect the use of prohibited software, it has the right to prevent the user concerned from accessing the app and to withhold any virtual currency stored therein and/or to declare it forfeit and/or to exclude the user from accessing the app as well as other services and content provided by the operator and other companies affiliated with the operator, either in full or in part and on a temporary or permanent basis.
H. Sanctions in the event of misconduct
1. In the event of misconduct or abuse by a user, the operator reserves the right to terminate the contract without notice. Furthermore, the operator shall be entitled to abort games in progress and to exclude the user from the app with or without prior notification and to cancel and/or withhold any virtual credit.
I. Termination and deletion of data
1. Both parties – either the user or the operator – may terminate the contract at any time with immediate effect without stating a reason. If a guest account is used to access the app, the app must be uninstalled from the end device in order to delete it. If the user registered his or her account using Facebook Connect, the app must be deleted by selecting the appropriate settings on the user’s Facebook account. If the user wants the operator to delete all personal data that has been collected, a request to delete the account must be made using the support form in the app. After receiving a request to delete an account, the operator shall erase all user data, except any information that is needed for administrative purposes and/or that the operator is required to retain and process for legal reasons, in which case this information shall remain stored. When personal data is deleted, the user loses the right to use the app as well as any services and content gained in connection with the app and Gaminator credits, which are deemed forfeit when the account is cancelled.
J. Gaminator credits (‘credits’)
1. Gaminator credits can be purchased in the app in a variety of ways and used in the online slot machines.
2. Gaminator credits are issued according to a system that is explained in more detail in the FAQ and Help sections of the app. The operator reserves the right to alter the system at any time.
3. The user shall receive Gaminator credits at no charge but also has the option to acquire them from the shop against payment. For more information on this topic, see item K (‘Virtual currency’).
K. Virtual currency
1. The operator allows users to acquire and use Gaminator credits in the app.
2. The acquisition of Gaminator credits only entitles the user to use these within the framework of and in accordance with the online slot machines; the additional acquisition of any rights whatsoever (e.g. ownership) is excluded with respect to the acquired Gaminator credits. The sole object of purchase is a licence to use the Gaminator credits within the framework of and in accordance with each online slot machine, limited in terms of time, content and location.
3. Regardless of the terminology used in the app or online slot machine, the purchase of Gaminator credits only grants the user a licence to use the Gaminator credits within the framework of and in accordance with each online slot machine, limited in terms of time, content and location, subject to the current Terms. It is not possible to refund or redeem credits, or convert them into real money. In the event of a violation of these Terms, the operator has the right to withdraw any number of licences issued with respect to the use of Gaminator credits and to declare them forfeit. Upon termination of the contractual relationship for whatever reason, all licences issued with respect to the use of Gaminator credits shall expire. Any Gaminator credits remaining on the account when the contract is terminated shall lapse. There is no entitlement to compensation.
4. If the legal system of the country where the user resides forbids use of the app in that country, the user must refrain from using the app. Gaminator credits may only be acquired by users who live in a country where the purchase of virtual currency is permitted.
5. The user is expressly forbidden from transferring Gaminator credits to third parties. Furthermore, it is not permitted to acquire, sell or exchange Gaminator credits outside of the app. Any infringement of this provision represents a breach of the Terms and shall cause the user to be excluded from the service provided by the operator.
6. The services of the app, all data on the servers of the operator and all user content are the sole and unrestricted property of the operator.
7. The offer of Gaminator credits can be seen in the app. The operator reserves the right to modify, reduce or expand the offer of Gaminator credits on a continuous basis and to adjust the prices for Gaminator credits at any time without stating a reason. Furthermore, the operator has the right to stop offering Gaminator credits at its discretion or to provide these either for free or against payment. The operator has no obligations to the user in exercising this right. The user is not entitled to compensation if acquired Gaminator credits are no longer available or are only offered subject to changes conditions. This applies to Gaminator credits whether or not they are offered on a temporary basis. Furthermore, the operator has the right to delete or to modify the user’s account and the associated player history and Gaminator credits at any time and without stating a reason. In such cases, the user has the right to terminate the contract with immediate effect. Any further claim by the user is excluded.
8. Payment for Gaminator credits is made through the relevant third party (e.g. the Google Play Store or Apple App Store).
9. The currency used to pay for Gaminator credits depends on the payment method provider (Google Play Store, Apple App Store) and the home country of the user.
10. Gaminator credits shall be deemed paid when the amount has been irrevocably credited to the account of the third-party provider. All account and/or monetary transactions shall be checked by the operator without guarantee. Any suspicious account and/or monetary transactions shall be referred to the responsible authorities.
11. The operator reserves the right to refuse allocations of Gaminator credits at its discretion or to apply limits with respect to the number of Gaminator credits or the total amount. In cases of suspected fraud, violation of the law or infringement of the present Terms, the operator has the right to freeze the purchase process and any associated payment transactions until the situation is clarified. The provisions under item H shall also apply.
II. Liablity and Guarantee
1. Claims for damages against the operator, companies affiliated with the operator and agents acting on behalf of the operator in connection with the services and offered in the app are excluded unless the damages in question were caused by gross negligence or wilful misconduct by the operator, a company affiliated with the operator or an agent acting on behalf of the operator. This limitation of liability does not apply to personal injury.
2. The operator and any affiliated companies and/or agents as well as any sales partners for the app shall only be liable within the framework of the statutory provisions for any damages that lie outside the scope of the Austrian Product Liability Act.
3. The operator assumes no liability for damages of any kind that result from misuse of the app by the user. Furthermore, the operator assumes no liability for damages of any kind that result from misuse of the app by third parties (i.e. individuals other than the operator, agents acting on behalf of the operator, companies affiliated with the operator or the user) unless such misuse by a third party is caused by gross negligence or wilful misconduct by the operator.
4. The operator assumes no liability for any damages that are due to circumstances beyond its control (e.g. (force majeure).
5. In the event of an infringement of the present Terms, the user is required to notify the operator without delay. Furthermore, in the event of an infringement of the present Terms, the user is required to indemnify the operator of any resulting damages and claims by third parties and to compensate the operator for any losses, costs or damages incurred as a consequence. This provision does not limit the duty of the operator to avert, minimise or mitigate loss.
III. Miscellaneous Provisions
1. The operator guarantees that the generation of random numbers is based on an internationally respected random generator that is not influenced by the operator in any way.
2. The current version of the Terms can be viewed in the app by tapping ‘Settings’ and selecting the ‘Legal’ link. The user is required to remain up to date concerning the current version of the Terms. As soon as a new version of the Terms is published, the user accepts this new version by using the service. If the user does not consent to the new version of Terms, the app must be uninstalled or deleted by selecting the appropriate settings on the user’s Facebook account.
3. The operator uses push notifications to communicate with users. These notifications can be activated and disabled using the app on Android systems or by adjusting the settings on the user’s device for iOS systems.
4. Any notifications or declarations concerning the present contractual relationship are only valid if they are published in the app.
5. By using the app, the user acknowledges the exclusive (intellectual) property of the operator with respect to the present Terms.
6. If individual provisions and terms of the contract should become legally invalid, the remaining parts shall remain effective. This provision shall not apply if adhering to the contract would represent an unacceptable hardship for either contractual party.