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General Terms and Conditions

Applicability

1. These General Terms and Conditions apply to and govern the use of the ‘Slots – Pharaoh’s Way’ application (hereinafter referred to as the ‘App’) of Funstage Spielewebseiten Betriebsges.m.b.H (hereinafter also referred to as the ‘Operator’). These General Terms and Conditions also apply to the purchase of virtual currency in particular (‘Credits’). The App is an application which is available on Facebook and which can therefore be played in a browser and on mobile smartphones and tablets.
2. The type of use, especially on computers, mobile devices and/or other hardware and/or software, has no influence on the applicability of these General Terms and Conditions.
3. The Operator, Funstage Spielewebseiten Betriebsges.m.b.H, expressly reserves the right to alter these General Terms and Conditions at any time.
4. By installing and using this App, the player confirms his/her full awareness of these General Terms and Conditions and expressly agrees to these General Terms and Conditions at the same time.

Place of conclusion of the agreement

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1. All legal relationships between the Operator and the player shall be exclusively subject to Austrian law, excluding any and all Austrian principles on conflicts of law and the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions that are more convenient for the player become applicable on a mandatory basis, as is the case, for example, with consumer law under Regulation (EC) No. 593/2008. The place of fulfilment is Vienna.
2. As far as legally permissible, the place of jurisdiction for any and all disputes arising from or in connection with the existence, conclusion or termination of the legal relationship between the player and the Operator shall be agreed to be the competent court for the first district (Gemeindebezirk) of Vienna. The Operator can only file a lawsuit against players who are consumers in the sense of the Austrian Konsumentenschutzgesetz (KSchG – governing provisions to protect consumers) and who either (i) have their habitual residence in Austria, (ii) have their domicile in Austria or (iii) are employed in Austria with the competent court of the area in which the player in question (a) has his/her habitual residence, (b) has his/her domicile or (c) is employed.

Object

1. The Operator shall provide the player with a range of slot machines (hereinafter referred to as ‘Slots’) based on a virtual currency (hereinafter referred to as ‘Credits’) in the form of a level system.
2. At its own discretion, the Operator can also subject access to the App and the Slots, and the content, services and/or performances provided therein, to specific conditions which shall be set out in the App for each case. Furthermore, access to the App and the Slots, 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 App for each case.
3. The Operator reserves the right to continuously enhance, alter, expand and limit the service offer.
4. The App is available via Facebook for browsers, smartphones and tablets. Therefore, the terms and conditions of Facebook also apply.
5. Slots – Pharaoh’s Way is played in a browser or on the end device of the player. The connection costs accrued in this process are independent of the phone network or Internet service provider 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 Operator and that these are charged by the phone network or Internet service provider separately.
6. The Operator reserves the right to alter, reduce and/or expand the provision of the App on a continuous basis. Furthermore, the Operator is entitled to cease providing the App at its own discretion. If it asserts this right, the Operator shall not be subject to any obligations towards the player. The player shall have no claim to compensation if the App is no longer provided or is only provided on a limited basis or under different conditions.
7. The App is subject to the copyright and trademark protection of the Operator. The player is strictly prohibited from storing, copying and otherwise reproducing, modifying or distributing the App and its Slots.

Prerequisites for participation

1. The claim to participate in the Slots and services provided in the App exists only as offered by the Operator, with consideration for all conditions and/or restrictions introduced by the Operator. Such conditions and/or restrictions can apply to all players, player groups or even individual players.
2. The player bears sole responsibility for the technical configuration of the player’s end device. The Operator 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 App.
3. Any additional auxiliary services provided free of charge shall not be a component of the service owed and can be ceased by the Operator at any time.

Registration and logging in

1. The player can register for and log in to Slots – Pharaoh’s Way on Facebook by using his/her Facebook account. By installing and using the App, the player confirms his/her full awareness of and express consent to these General Terms and Conditions. If the player does not agree to the General Terms and Conditions, the App may not be used; it is to be uninstalled and deleted instead.
2. Participation in Slots – Pharaoh’s Way is free and it unlocks selected Slots contained in the App.
3. When logging in, the following data is stored from the Facebook account of the player:
   • Name
   • Profile picture
   • Sex
   • Email address
   • Facebook user ID
   • Friends list
4. By logging into Slots – Pharaoh’s Way, the player consents to his/her name and profile picture being made accessible to the public. This may result in the name and profile picture of the player appearing in search engine results. Furthermore, the player can choose to authorise the Operator to post in his/her name.
5. Connecting the Facebook account to the App shall create the agreement between the player and the Operator concerning the use of the content, performances and services offered in Slots – Pharaoh’s Way.
6. The Operator is entitled to disqualify (including permanently) the player from participating in the content and/or services, either fully or in part. The Credits (won) cannot be disbursed.
7. The player must protect his/her access data against unauthorised access by third parties. All actions taken in connection with the account and data of the player shall be attributed to the player.
8. By disclosing his/her email address to the Operator, the player is authorising the Operator to send information by email regarding offers, updates, new features, new games, etc. This authorisation can be revoked at any time by clicking on a link in the newsletter.
9. The App is only for people of legal age in their home country. Furthermore, the App is only to be used for the purposes of entertainment. Persons under the age of 18 are not entitled to use the App. The Operator shall not purposefully collect information from any person under the legal age.

Ownership of content

1. By connecting his/her Facebook account with the App, the player acknowledges that the full content of the App is the sole and unrestricted property of the Operator. The player undertakes to use all services of the App and all content and information contained therein exclusively for the purposes of contractual, personal, private use and not to alter, copy, publish, distribute or otherwise utilise the content and information contained in the App or its services, or to use technical means to access the same in any manner.

Prohibition of abuse

1. Abusive behaviour in the App is strictly prohibited. Such abusive behaviour includes, but is not limited to, the following:
   • Intentionally providing incorrect or misleading information
   • Even merely 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 General Terms and Conditions
2. In particular, the player shall also
   • make absolutely no attempts to decompile or recreate the gaming software used in the App, access it in any other manner or develop software to access the gaming software or client–server communications used in the App;
   • refrain from using any software which the Operator considers to be a program that allows players to cheat;
   • refrain from any use of scripts that have not been authorised by the Operator;
   • refrain from using any software which allows the player to analyse or reproduce the App or individual games and otherwise accessing the App, the games and their programming.
3. If necessary, the Operator 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 Operator 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, withhold and/or declare as forfeit any virtual currency held by the account and/or ban the player from using the App and other services and content of the Operator and companies affiliated with the Operator, either fully or in part, temporarily or permanently.

Sanctions in cases of abuse

1. In cases of abusive behaviour on the part of a player, the Operator reserves the right to terminate the agreement with immediate effect. Furthermore, the Operator is entitled to cancel ongoing games and ban the player from the App, with or without prior notice, and delete and/or withhold any credit.

Termination and deletion of data

1. Both contractual partners, i.e. both the Operator and the player, can terminate the agreement at any time with immediate effect without being required to provide a reason. The player can delete the Facebook app through the settings in his/her Facebook account. If the player wishes the Operator to delete all data collected about the player, he/she can submit a deletion request using the support form in the App. Upon receiving the deletion request, the Operator shall delete all of the player’s data with the exception of any data which is necessary for administrative purposes and/or which must be stored, processed and subsequently stored by the Operator due to its statutory data retention obligations. After the data is deleted, the player shall lose his/her claim to use of the App and the services, content and Credits purchased in connection with the App, which shall be deemed forfeit as of the deletion.

Credits

1. In the App, Credits can be obtained in a variety of ways and used in the games.
2. Credits are awarded under a system described in more detail in the FAQ of the App support area. The Operator reserves the right to make changes to the system at any time.
3. The player receives Credits free of charge but can also purchase them from the Facebook store. See section L (‘Virtual currency’) for more information on this subject.

Diamonds

1. With each spin, the player shall receive ‘diamonds’ in addition to Credits. ‘Diamonds’ are experience points. The more diamonds collected, the higher the player’s experience level.
2. The player can unlock various in-game functions based on the number of diamonds he/she has collected.
3. Diamonds can never be converted to Credits.

Virtual currency

1. The Operator provides the opportunity to purchase and use Credits in the App.
2. Obtaining Credits merely 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 Credits is excluded. The object of purchase is simply a temporary, localised licence – with restricted content – to use these Credits as part of and in line with the games.
3. Regardless of the terminology used in the App or in the game, by purchasing Credits the player shall receive a temporary, localised licence – with restricted content – to use these Credits as part of and in line with the Slots in accordance with these General Terms and Conditions. Reimbursement, redemption or compensation in real money is excluded. In the event of a breach of these General Terms and Conditions, the Operator shall be entitled to revoke and declare forfeit one or all licences granted for use of the Credits. Upon the termination of the legal relationship, on whatever grounds, all licences granted for use of the Credits shall end. The Credits remaining on the date of termination shall be forfeit. The player has no entitlement to compensation.
4. If case law in the country of the player should deem the App illegal or partially illegal, the player must refrain from using the App. Players may only purchase Credits if their countries allow the purchase of virtual currency.
5. The player is not permitted to transfer his/her Credits to third parties. Furthermore, it is not permitted to purchase, sell or trade Credits outside of the App. Doing so shall represent a breach of these General Terms and Conditions and result in the exclusion of the player from the service of the Operator.
6. The services of the App, any data on the servers of the Operator and any player content are the sole and unrestricted property of the Operator.
7. The offer of Credits can be found in the App. The Operator reserves the right to alter, reduce and/or expand the offer of Credits on a continuous basis and to alter the price of Credits at any time and without justification. Furthermore and at its own discretion, the Operator is entitled to cease offering Credits or to provide them either free of charge or at a price. If it asserts this right, the Operator shall not be subject to any obligations towards the player. The player shall have no claim to compensation if his/her Credits are no longer provided or are only provided under different conditions. This applies to Credits offered on both a temporary and permanent basis. Furthermore, the Operator shall always be entitled to delete or alter the gaming account and its gaming history and Credits 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.
8. Credits are paid for via Facebook. The currency used to pay for the Credits depends on the home country of the player.
9. Credits shall be deemed paid for if the amount is irrevocably credited to the account of the third-party provider (Facebook).
10. The Operator reserves the right to reject allotments of Credits or limit the number of Credits or the overall amount at its own discretion. If it suspects fraud or violations against the law or these General Terms and Conditions, the Operator shall be entitled to freeze purchasing processes and the associated payment transactions until the situation is resolved. Furthermore, the provisions under section H shall apply.

Tournaments

1. The Operator shall give the player the opportunity to participate in tournaments free of charge within the App.
2. A minimum number of Credits is required in order to participate in the tournament. The number of Credits depends on the predefined stake per spin. This stake shall be announced before the start and can no longer be changed during the tournament.
3. The player will collect ‘stars’ over the course of the tournament. The players with the most stars at the end of the tournament will be the winners. More detailed information on how to win stars can be found under the menu item ‘Info & Pays’ within the App.
4. The players announced by the Operator to be the winners at the end of the tournament are the winners of the tournament. The announcement of winners is subject to error. The Operator is entitled to deny Credit prizes awarded erroneously without providing a reason. The results of the tournaments are final.
5. Credits can be won at tournaments. Credits shall be awarded at the sole discretion of the Operator, and the award process can be changed without prior notice. Under no circumstances can Credits won in tournaments be converted into material prizes, items or cash. Players can click on the ‘Info’ button to see how Credits have been awarded to the tournament participants.
6. Players can deregister from the tournament before it starts. Leaving the tournament whilst it is running counts as deregistration from the tournament.
7. Tournaments can be subject to special restrictions on participants. This shall be announced explicitly in the App. The player has no entitlement to participate.

Liability and guarantee

1. Claims for damages against the Operator, companies affiliated with the Operator and vicarious agents of the Operator in connection with the services and content provided in the App shall be excluded if the damage in question was not caused as a result of intent or gross negligence on the part of the Operator, companies affiliated with the Operator or vicarious agents of the Operator. This limitation of liability does not apply to physical injury.
2. The Operator, the companies affiliated with the Operator and/or the vicarious agents of the Operator and its distribution partners for the App shall only be liable for damage beyond the ambit of the Austrian Produkthaftungsgesetz (PHG – ‘product liability act’) as stipulated by the statutory provisions.
3. The Operator accepts no liability for any type of damage caused as a result of abuse of the App by the player. Moreover, the Operator accepts no liability for any type of damage caused as a result of abuse of the App by third parties (i.e. persons other than the Operator, its vicarious agents, companies affiliated with the Operator or the player), provided that the abuse by the third party was not caused by gross negligence or intent on the part of the Operator.
4. The Operator accepts no liability for any damage caused by circumstances beyond its influence (force majeure etc.).
5. In the event of a breach of these General Terms and Conditions, the player shall be obliged to immediately inform the Operator accordingly. In the event of a breach of these General Terms and Conditions, the player shall also be obliged to indemnify the Operator 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 Operator to mitigate losses.

Miscellaneous provisions

1. The Operator assures that the generation of the random numbers is based on an internationally accepted random generator and that the generation is in no way influenced by the Operator. More information on the random generator can be requested using the support form in the App.
2. The current version of these General Terms and Conditions can be found by clicking on the link ‘General Terms and Conditions’ in the App. The player undertakes to remain informed about the current version of these General Terms and Conditions. As soon as a new version of these General Terms and Conditions is published, the player accepts the new version by using the service. If the player objects to the new version, the App must be uninstalled or deleted through the settings in the player’s Facebook account.
3. All announcements and statements concerning this legal relationship shall only be valid if released in the App.
4. By using the App, every player acknowledges the exclusive (intellectual) property rights of the Operator to these General Terms and Conditions.
5. If any of the provisions or conditions of this agreement should be legally ineffective, this shall not affect the rest of this agreement. This shall not apply if, in such an event, adherence to the agreement would represent an unreasonable hardship for one party to the agreement.