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Terms and Conditions

  1. General Terms and Conditions
    1. Applicability
      1. These General Terms and Conditions (the “General Terms and Conditions” or “Agreement”) apply to and govern the access and use by the players (the “User”) of the “GameTwist Casino” application (“GameTwist Casino” or “App”) operated by Funstage Spielewebseiten B.m.b.H (the “Operator”). These General Terms and Conditions also apply to the purchase of virtual currency (the “Credits”) that may be used in the App. GameTwist Casino is an application provided on Facebook and a mobile application which can be accessed by the Users from third-party providers, including the Google Play Store and the Apple App Store. GameTwist Casino can be played both in browsers and on mobile smartphones and tablets.
      2. The type of use, especially on computers, mobile devices, and/or other hardware and/or software, have no influence on the applicability of these General Terms and Conditions.
      3. The Operator expressly reserves the right to alter these General Terms and Conditions at any time.
      4. Before registering for and using the App, the User confirms his/her full awareness of these General Terms and Conditions and freely and expressly provides his/her consent to these General Terms and Conditions and the Privacy Notice at the same time.
    2. Place of Conclusion of the Agreement
      1. All legal relationships between the Operator and the User shall be exclusively subject to Austrian law. This excludes 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 User become applicable on a mandatory basis, as is the case, for example, with consumer law under Regulation (EC) No 593/2008. The place of fulfillment is Vienna.
      2. 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 User and the Operator are the competent courts of Vienna.
    3. Object
      1. The Operator offers various games in the App and all games are freely accessible.
      2. At its own discretion, the Operator can also subject access to the games, content, services, and/or offers provided in the App to specific conditions which shall be set out in the App on each case. Furthermore, access to the App, games, content, services, and/or offers provided therein, can be temporarily or permanently restricted at any time. The Operator shall publish and announcements in the App for each case.
      3. The Operator reserves the right to continuously enhance, alter, expand, and limit the range of services.
      4. The App is available for browsers and smartphone and tablet platforms.
      5. GameTwist Casino is available via Facebook, the Google Play Store, and the Apple App Store. Therefore, the terms and conditions of the third-party provider concerned also apply. The Users should review the terms and conditions of the third party provides and the Company assumes no responsibility for their content.
      6. GameTwist Casino is either played in the browser or downloaded via an Internet connection to the end device of the User and then played on said end device. 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.
      7. The Operator reserves the right to alter, reduce and/or expand the provision of the App on a continuous basis and to alter the prices for the mobile App at any time and without justification. 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 User. The User shall have no claim to compensation if his/her downloaded App is no longer provided or is only provided on a limited basis or under different conditions.
      8. The App is subject to the copyright and trademark protection of the Operator. The User is permitted to store the App on his/her end device. All other manners of storage, copying, any other reproduction, processing, and distribution of the games obtained by the User are strictly prohibited.
    4. Prerequisites for Participation
      1. The claim to participate in the games and services provided in the App exists only as offered by the Operator and with consideration for all conditions and/or restrictions introduced by the Operator. Such conditions and/or restrictions can apply to all Users, User groups, and even individual Users.
      2. The User bears sole responsibility for the technical configuration of the User’s end device. Details on recommended configurations can be found in the support and FAQ sections. The Operator shall offer Users free support. Users 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.
    5. Registration and Log-In
      1. Users can register in the GameTwist Casino using their Facebook account. Before installing and using the App, the User confirms to have obtained full knowledge of these General Terms and Conditions including the Privacy Notice and explicitly consents to them. If the User does not agree to the General Terms and Conditions and Privacy Notice, the App may not be used and must be uninstalled and/or deleted.
      2. The Users have the option to use a guest account (the “Guest Account”) in the mobile App instead of registering via a Facebook account. This permits the use of the App but it does not support all of the functions unlocked by registering with a Facebook account. The Credits obtained using a Guest Account shall remain stored on the end device of the User.
      3. Participation in GameTwist Casino is free and it unlocks the games contained in the App.
      4. In case the Users access the App via a Guest Account the Company shall process a very limited amount of data that include primarily: user number, payment number (for purchased Credits) and device ID.
      5. When logging-in via Facebook account, the following data are collected from the Facebook account of the User: name, middle name, surname, profile picture, gender, e-mail address, Facebook user ID and friends’ list.
      6. By logging into GameTwist Casino via the Facebook account, the User 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 User appearing in search engine results. Furthermore, the User can choose to freely authorize the Operator to post his/her name on special events (e.g. level up) on his/her profile time line.
      7. Before connecting the Facebook account to the App the User should accept the General Terms and Conditions and Privacy Notice.
      8. The Operator is entitled to disqualify, including permanently, the User from participating in the content and/or services, either fully or in part. The Credits, including those that have been won, cannot be disbursed.
      9. The User must protect his/her access data against unauthorized access by third parties. All actions taken in connection with the account and data of the User shall be attributed to the User.
      10. The User shall freely consent the Operator to send information on marketing offers and updates, new features, new games, etc. by e-mail. This authorization can be revoked at any time by clicking on a link in the newsletter.
      11. The App is only to be used for the purposes of entertainment. Persons under the age of 18 are not allowed to use the App. The Operator shall not collect information from any person under that is under 18 years old.
    6. Ownership of Content
      1. By connecting his/her Facebook account with the App, the User acknowledges that the full content of the App is the sole and unrestricted property of the Operator. The User 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 utilize the content and information contained in the App or its services, or to use technical means to access the same in any manner.
    7. Prohibition of Abuse
      1. Abusive behavior in GameTwist Casino is strictly prohibited. Such abusive behavior 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 and 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 User 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 type of software that permits the use of artificial intelligence;
        • refrain from using any software which the Operator considers to be a program that allows Users to cheat;
        • refrain from any use of scripts that have not been authorized by the Operator;
        • refrain from using any software which allows the User to analyze or reproduce the App or individual games or otherwise access the App, the games, and their programming;
        • refrain from using any programs that overload the server.
      3. If necessary, the Operator reserves the right to take the necessary steps to uncover and prevent the use of such software by the User, especially by identifying and localizing the programs installed on the computer or mobile end device of the User or creating in-game behavior 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 User 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 User from using the App and other services, offers, and content of the Operator and companies affiliated with the Operator, either fully or in part, temporarily or permanently.
    8. Sanctions in Cases of Abuse
      1. In cases of abusive behavior on the part of a User, the Operator reserves the right to terminate the Agreement with immediate effect. Furthermore, the Operator is entitled to cancel ongoing games of the User from the App, with or without prior notice, and delete and/or withhold any credit.
    9. Termination and Deletion of Data
      1. The Operator and the User can terminate the Agreement with immediate effect without being required to provide a reason. The User can do this by contacting the customer support. The User can delete the Facebook app through the settings in his/her Facebook account. The User can also uninstall the App from his/her mobile end device. However the Operator shall not automatically consider these cases as termination of the Agreement.
      2. If the User wishes the Operator to delete all data collected about the User, 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 User’s data with the exception of any data which is necessary due to legal retention obligations. After the data are deleted, the User shall lose his/her claim to use of the App and the services, content, and Credits obtained in connection with the App, which shall be deemed forfeit as of the deletion.
    10. 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 User may receive Credits free of charge but can also purchase them from the store. See section L. Virtual Currency for more information on this subject.
    11. Rankings and Tournaments
      1. Rankings
        1. The Operator shall provide rankings for all Users on a daily as well as weekly basis. These rankings are not limited to any one specific game. The rankings are based on the Users’ high scores.
      2. Tournaments
        1. Tournaments held in GameTwist Casino can be subject to restrictions on participation if this is explicitly announced. The User has no entitlement to participate.
        2. It will be announced in advance if there are Credits to be won in the tournament. The Operator reserves the right to alter the number of winnable Credits without prior notice. Under the condition that said Credit prizes cannot be replaced by material prizes or items in any manner or form.
        3. The User announced as the official winner of the tournament by the Operator shall be deemed the winner of the tournament, all errors excepted. The Operator is entitled to deny Credit prizes awarded erroneously against the conditions of the game without providing a reason. The results of the tournaments are final.
        4. Credit prizes cannot be returned or redeemed for cash.
        5. Employees of the Operator or the sponsors and their families may not participate in tournaments.
    12. Virtual Currency
      1. The Operator provides the opportunity to purchase and use Credits in the App.
      2. Obtaining Credits merely grants the user 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.
      3. Regardless of the terminology used in the App or in the game, by purchasing Credits the User shall receive a temporary and localized license, with restricted content, to use these Credits in line with the games and in accordance with these General Terms and Conditions. Reimbursement, redemption, and compensation in real money are 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 licenses granted to use of the Credits. Upon the termination of the legal relationship, on whatever grounds, all licenses granted to use of the Credits shall end. The Credits remaining on the date of termination shall be forfeit. The User has no entitlement to compensation.
      4. If in case the law in the country of the User should deem the App illegal or partially illegal, the User must refrain from using the App. Users may only purchase Credits if their countries allow the purchase of virtual currency.
      5. The User 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 User from the services of the Operator.
      6. The services of the App, any data on the servers of the Operator and any User 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, the Operator is entitled to cease offering Credits or to provide them either free of charge or at a price at its own discretion. If it asserts this right, the Operator shall not be subject to any obligations towards the User. The User 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 the Credits without providing a reason. In such cases, the User shall be entitled to terminate the Agreement with immediate effect. Additional claims of the User are excluded.
      8. Credits shall be paid for through the third-party providers e.g. Facebook, the Google Play Store, or the Apple App Store.
      9. The currency for the payment of credits depends on the provider of the payment method (Facebook app, Google Play Store, Apple App Store) and the User’s country of residence.
      10. Credits shall be deemed paid for by the Operator if the amount is irrevocably credited to the account of the third-party provider. The Operator shall monitor all account and/or monetary transactions, without engagement. Any suspicious account and/or monetary transactions shall be reported to the competent authorities.
      11. 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 the Operator 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.
  2. LIABILITY and GUARANTEE
    1. Claims for damages against the Operator, companies affiliated with the Operator, and 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 agents of the Operator. This limitation of liability does not apply to damage to persons.
    2. The Operator, the companies affiliated with the Operator, and/or agents of the Operator and its distribution partners for the App shall only be liable for damage beyond the ambit of the Austrian product liability laws 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 User. 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 agents, companies affiliated with the Operator, or the User), 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 e.g. force majeure, etc.
    5. In the event of a breach of these General Terms and Conditions, the User shall be obliged to immediately inform the Operator accordingly. In the event of a breach of these General Terms and Conditions, the User 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.
  3. MISCELLANEOUS PROVISIONS
    1. The Operator assures that the generation of the random numbers is based on an internationally accepted random generator standards and that the generation is in no way influenced by the Operator. More information on the random generator can be requested from the customer support.
    2. The current version of the General Terms and Conditions can be found via the About Us section of the App. As soon as a new version of the General Terms and Conditions is published, the User accepts it before using the services. If the User does not agree to the new version, the Agreement may be terminated and/or the App may be uninstalled and/or deleted via their Facebook account settings.
    3. The Operator uses push notifications to communicate with Users. These messages can be deactivated in the App on Android and in the settings of the User’s mobile end device on iOS.
    4. All announcements and statements concerning this legal relationship shall only be valid if released via the App functionalities.
    5. By using the App, every User acknowledges the exclusive intellectual property rights of the Operator to these General Terms and Conditions.
    6. 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.