I. General Terms and Conditions (“GT&C”)
It is important that the Player reads and understands these General Terms and Conditions before they accept them and uses the services. The Player must be at least 18 years old in order to participate in games or use the services.
1. These General Terms and Conditions (the “GT&C” or “contract”) apply to and govern the use of all content and services offered by Funstage GmbH (“Funstage”) on the website www.casinoofgold.com (“Casino of Gold Website” or “Casino of Gold”), or otherwise in electronic form, unless different or additional conditions apply or are agreed upon in individual cases.
The GT&C also apply to content and service or other communications sent, posted or uploaded by game players of Casino of Gold (the “Players”), including e-mails, SMS (text messages), forum contributions, chat messages and images (collectively “Content”), as well as to the acquisition of virtual goods and virtual currencies.
2. The type and mode of use, particularly by means of a computer, mobile devices and/or other hardware or software, will not affect the validity of the GT&C.
3. Funstage explicitly reserves the right to change the GT&C at any time and the amended GT&C will be available to the Player on Casino of Gold.
4. The Player confirms that he/she fully acknowledges and agrees to the GT&C in the course of registering on Casino of Gold by selecting the checkbox “I accept the GT&C” and pressing the “Registration” button.
6. In the event of discrepancies between the English or other language versions and the German version of this document, the German GT&C (Allgemeine Geschäftsbedingungen) will take precedence. This also applies to all game instructions and any texts found on Casino of Gold.
B. Place of Contract Formation and Jurisdiction
1. These GT&C are governed by Austrian law, with the exception of their conflict-of-law rules, such as Player the UN Sales Law or any law more favorable to the Player (e.g. Regulation (EC) 593/2008). The place of the fulfilment is Vienna.
2. The courts of Vienna shall have jurisdiction over any disputes arising from or in connection with the existence, formation or termination of this contract between the Player and Funstage.
3. Players also have the right to use the Online Dispute Resolution (“ODR”) process. The ODR offers an out-of-court solution to disputes connected to online transactions: http://ec.europa.eu/consumers/odr/.
C. Company’s Purpose
1. Casino of Gold allows the Player to participate in the games by registering an account.
2. Funstage reserves the right, at its own discretion, to allow or forbid access to the gaming platform, games, and services subject to specific conditions, on a case-by-case basis, which shall be communicated to the Player via the Casino of Gold Website or via customer support. Furthermore, access to the gaming platform and games and the content and/or services offered therein may be temporarily or permanently limited at any time on a case-by-case basis, which shall be communicated to the Player via the Casino of Gold Website.
3. Funstage reserves the right to extend, change, supplement or limit the available range of services at any time.
D. Conditions of Participation
1. The right of the Player to participate in the games and use the services provided on Casino of Gold exists only to the extent actually offered by Funstage in each case, taking into account all conditions and/or limitations introduced by Funstage, and considering any legal and/or regulatory restrictions, which may apply. Such limitations and/or conditions can apply to all Players, Player groups and individual Players.
2. The Player is solely responsible for the technical configuration of the Player’s end device. Funstage offers Players free e-mail and/or chat support at its discretion. There is no guarantee of the continuous availability of the customer service or that requests will be answered within a certain period of time.
3. Any additional benefits beyond the aforesaid offered free of charge do not form part of the performance obligations and may be discontinued by Funstage at any time without notice to the Player.
1. Account - General:
1.a. The Player must be at least 18 years old in order to open and account, access the Casino of Gold services and purchase virtual goods and/or currencies. Funstage assumes no responsibility or liability in case the Players intentionally breach the age limit provided in the GT&C and/or circumvent the processes in order to use the services. In case Funstage comes to knowledge that a Player is younger than 18 years, Funstage will close the Player’s account.
1.b. Upon completion of the registration process on the Casino of Gold Website, and by accepting these GT&C, the Player concludes an agreement with Funstage on the use of the content and services offered on Casino of Gold.
The Player has the right to request a revocation of the contractual agreement with Funstage within a period of 14 days of the registration or of the payment for virtual goods (see section L), without giving any reason or justification.
2. Registering with an Account
2.1.a. Players may open an account by completing the registration on the Casino of Gold Website. The Player must have an account in order to use the bonus system available (“Stars”).
2.1.b. Each Player may only open one account. The registration of an account is free of charge and allows the Player to:
- Access the games on Casino of Gold;
- Create a personal profile;
- Use the Casino of Gold Slot Races feature on Casino of Gold;
- Collect bonus points (“Stars”).
2.2. Funstage offers the option to create various types of Player accounts.
2.2. a. Registration on the Casino of Gold Website (short version):
The short version registration available on the Casino of Gold Website must include the following information:
· Date of birth;
· Email address; and
2.2.b. Registration on the Casino of Gold Website (long version):
The long version registration available on the Casino of Gold Website must include in addition to the above data also the following information:
· Name and surname;
· Security question;
· Telephone number; and
· if requested at the time of registration, gender.
2.3 Use of account features is possible by means of activation of a link sent to the Player by e-mail together with the acknowledgement of registration. Until the account has been activated, the Player will neither be able to participate in games nor purchase Stars Packs in the shop.
2.4 Should any information provided by the Player prove to be false, Funstage is entitled to ban the violating Player wholly or in part from using the services and/or content, and may remove any Stars from this Player’s account balance.
2.5 The Player undertakes to keep their personal data up-to-date at all times and to correct the Player data on Casino of Gold in the event of any changes of name, address, e-mail, etc. The Player is also responsible for protecting their access data against unauthorised third-party access. To this regard, any actions carried out via the account of the Player or under the Player’s name shall be attributed to the Player.
F. Property Rights to Content
1. By registering an account and/or using the services and/or content provided at Casino of Gold, the Player acknowledges that the entire content of Casino of Gold is the sole and unrestricted property of Funstage. The Player undertakes to use Casino of Gold, the services and any related content and information exclusively for the intended personal, private use, and to refrain from changing, copying, publishing, distributing or otherwise exploiting any of the aforementioned resources. The Player further undertakes to refrain from interfering with Casino of Gold, the services and any related content and information by any technical means whatsoever.
2. Save for the Player’s personal data, any Player Content transferred directly or indirectly by the Player to Funstage via Casino of Gold, the Player account for use of the services provided on the Casino of Gold and any data on Funstage’s servers shall become the sole and unrestricted property of Funstage. No entitlement to compensation shall arise. Such transfer of Player Content of any kind by the Player, including the technical and tactical sequences of the games themselves, constitutes a transfer of rights on the transferred Player Content to Funstage.
G. Proper Player Conduct
1. Improper conduct on Casino of Gold is strictly prohibited and includes but is not limited to:
- breaking the rules regarding communication between Players (see section H);
- deliberately providing false or misleading information, or personal information belonging to another person;
- any attempt to influence the result of a game by collusion, tampering with the program or by any technical or other means contrary to the rules;
- causing malfunctions or failure deliberately in order to influence the course or results of a game;
- creating several gaming accounts for one person;
- breaking any other rules set forth in the GT&C, as these may be updated from time to time.
2. The Player shall, in particular and among others:
- make no attempt to decompile or reproduce the gaming software used on Casino of Gold, interfere with these in any other way, and develop any software that interferes with the gaming software used on Casino of Gold and for the client-server communications;
- not use any type of software that permits the use of artificial intelligence or allows opponent profiling or Player collusion or creation of multiple accounts;
- not use any software that, at Funstage’s sole discretion, is regarded as a program that allows a Player to cheat or gives a Player an unfair advantage over another player;
- use the games and services at the Casino of Gold Website exclusively through an internet browser;
- refrain from using any scripts which are not authorised by Funstage;
- not use any software that allows the Player to analyse or reproduce the Casino of Gold or individual games, or that allows the Player to interfere with Casino of Gold and the games and/or their programming in any other way;
- not use any program causing an excessive burden on the server.
3. The Player shall not advertise or transfer their Player account, any virtual goods and/or virtual currencies, as well as any Player Content held therein to any third-party or to other Players.
4. Funstage has the right to delete or change the Player account and its associated Player history and/or virtual goods and currencies at any time and without giving a reason, if Funstage believes - at its sole discretion - that the Player has violated any provisions of the GT&C, any game rules or if deemed necessary as per regulatory or legal requirements. In such cases, the Player is entitled to terminate the contract with immediate effect. Any further claim by the Player is excluded.
5. Funstage reserves the right at its sole discretion to take any necessary steps to detect and prevent the use of software used by Players and leading to improper Player Conduct. Such steps may include, but are not limited to, identifying and locating the programs installed on the Player’s computer or (mobile) end device or profiling a Player’s behaviour for the purposes of an investigation. Should Funstage detect or suspect with good reason the use of such prohibited software by the Player, Funstage shall be entitled to suspend the relevant Player’s account, to withhold any virtual goods and currencies in that account and/or to declare them as revoked and/or to suspend the Player wholly or in part, temporarily or permanently, from Casino of Gold and any other services and content of Funstage or its associated companies.
H. Communication and Other Conduct between Players
1. The Player is responsible for ensuring any Player Content generated by them does not violate any legal provisions or third-party rights. Specifically, the Player undertakes to respect the privacy of other Players and to refrain from posting any offensive, immoral, objectionable, nationalistic, political, racist, xenophobic, discriminatory, pornographic, or sexually degrading statements or content, or statements that glorify violence, as well as any kind of threat or harassing behaviour.
2. The following is also prohibited:
- distribution of advertising;
- conducting surveys;
- distribution of chain letters;
- use of the term “administrator”;
- spreading viruses, worms, etc. and any other activity affecting other computer systems and programs;
- messages that serve the exclusive purpose of spreading religious, political and ideological convictions;
- bothering other Players by entering senseless combinations of characters, etc.;
- deliberately blocking games and communication processes in any way.
I. Sanctions for Improper Player Conduct
Funstage reserves the right to instantly terminate the contract with any Players who behave contrary to the rules stated in the GT&C. In this regard, Funstage also has the right to terminate any ongoing games, block an account or ban a Player with or without prior notice and delete or withhold Stars, where applicable.
1. The Player and Funstage may terminate the contract with immediate effect at any time and without stating a reason. To do this, the Player must send an e-mail with their real name and account name to firstname.lastname@example.org. The closure of the account will be carried out once the security question has been answered correctly. If the correct answer to the security question cannot be provided, a copy of current and official proof of identity must be sent by email to email@example.com. The identification document must be valid and the details must match those provided in the account.
2. Should an account not be logged in for longer periods of time, it may be closed due to inactivity. However, before the closure is carried out, at least two notification e-mails will be sent to the account holder using the e-mail address provided in the Player account data.
3. Upon terminating the contract and/or closing an account, the Player loses all claims to their account and to any services, content, virtual goods and virtual currencies that are revoked upon termination.
K. “Stars” (Bonus Points)
1. Players are awarded bonus points (“Stars”) for undertaking certain actions while using Casino of Gold, which can be further used in the various games on Casino of Gold. To this regard, Stars are acquired without charge. Stars are also available on Casino of Gold for a fee, as Virtual Goods (see Section L below).
2. Stars are awarded according to a system that is explained in detail in the “FAQs” under the section “Help” on Casino of Gold. Funstage reserves the right to make changes to this system at any time.
L. Virtual Goods
1. Funstage allows Players to acquire and use virtual goods and/or virtual currencies on Casino of Gold, upon successfully completing registration. The goods and currencies offered may vary depending on the type of game.
2. The Player has the opportunity to acquire virtual goods and/or virtual currencies on Casino of Gold by paying real money or using virtual currency. The Player is granted the right to use such virtual goods and/or virtual currencies solely within the scope of a game. Irrespective of which terminology is used on Casino of Gold or in the games, this right is limited in terms of time, content and location to the use of such goods and/or virtual currencies within the scope of a game. Any further rights to the acquired virtual goods and/or virtual currencies (e.g. ownership) are excluded.
3. Any redemption or compensation for virtual goods and/or virtual currencies in real money is excluded. In the case of violation of the GT&C by the Player, Funstage is entitled to withdraw and revoke any and all of the rights granted for the use of virtual goods and/or virtual currencies. Upon termination of the contract for any reason whatsoever, any and all rights granted for the use of virtual goods and/or virtual currencies shall expire, any remaining virtual goods and/or virtual currencies still available to the Player upon termination shall be forfeited and the Player shall not be entitled to any compensation to this regard.
4. The virtual goods and/or virtual currencies on offer can be found on Casino of Gold and are offered at Funstage’s discretion, as an additional feature of the games. Funstage reserves the right, from time to time and at its discretion, to amend or adopt different virtual goods and/or virtual currencies, reduce or expand the range offered, as well as change the price (incl. offering them for free) of the virtual goods and/or virtual currencies. Such change will be visible to the Player via Casino of Gold. Funstage does not guarantee the availability of the same virtual currencies in Casino of Gold for a certain period of time. The Player shall not be entitled to any compensation should the virtual goods and/or virtual currencies he/she uses be withdrawn or offered under different conditions, regardless of whether said virtual goods and/or virtual currencies are offered on a temporary or permanent basis.
5. Payment for virtual goods and virtual currencies with real money can be made via different payment methods found on the Casino of Gold Website (payment methods available at the Casino of Gold Website shop) using the payment methods of third-party suppliers. Funstage reserves the right to change the payment methods available from time to time, as well as to set specific requirements for the use of certain payment methods. Funstage offers no guarantee for the uninterrupted availability of all third-party payment methods. The Player warrants to be the legitimate holder or Player of the chosen payment method. The payment method legitimate holder or Player has no right to claim a refund in case of unauthorized use of such payment method.
6. To obtain virtual goods and currencies on the Casino of Gold Website, the Player must first complete a registration as provided above.
7. The main currency for payments of virtual goods and/or virtual currencies on Casino of Gold is Euro (€). The prices for virtual goods and/or virtual currencies are displayed in the currency of the Player’s country, provided that this currency is supported by Casino of Gold. If the Player uses a currency other than Euro, the exchange rate at the time of the payment is applied when converting into Euros. All figures in any currency other than the Euro shall be calculated by applying the current exchange rate of the European Central Bank. Any additional fees associated with the payment method selected by the Player are to be carried exclusively by the Player and Funstage is not responsible for any said charges associated with such third-party fees.
8. Virtual goods and currencies shall be considered paid for as soon as the account of Funstage has been irrevocably credited with the corresponding amount. All account and/or monetary transactions are checked by Funstage without assuming any liability. Any suspicious account and/or monetary transactions will be reported to the appropriate authority, as per regulatory and/or legal requirements.
9. Funstage reserves the right, at its own discretion, to refuse the allocation of virtual goods and/or virtual currencies or to set limitations on the number of virtual goods and/or virtual currencies or on the total amount the Player can pay in order to acquire virtual goods and/or virtual currencies. In case of suspicion of fraud or violation of laws or these GT&C, Funstage has the right to suspend the acquisition process and the Player’s payment transactions related to acquiring virtual goods and/or virtual currencies until the situation has been investigated and clarified. The conditions set forth in section I shall also apply.
10. Funstage warrants that data processing during payment transactions conforms to the guidelines of the PCI DSS (Payment Card Industry Data Security Standard).
1. Claims for damages against Funstage, against its associated companies and against its agents in connection with the services and content offered on Casino of Gold and the services and content offered therein are excluded, unless the relevant loss or damage is caused by Funstage, its associated companies or its vicarious agents, due to gross negligence or deliberate action. This limitation of liability does not apply to personal injury.
2. Funstage, its associated companies and/or its agents, business partners shall be liable for damages only in accordance with the relevant statutory provisions.
3. Funstage assumes no liability for loss or damage of any kind arising from the improper use of the account by the Player. Funstage is not liable for any damage whatsoever arising from the improper use of the account by a third party (i.e. persons other than Funstage, its agents or associated companies, or the Player), to the extent that the improper use by the said third party is not caused by the gross negligence or deliberate action on the part of Funstage.
4. Funstage assumes no liability for any loss or damage due to circumstances attributed to unusual or unforeseeable events beyond its control (e.g. acts of God, malfunctions or failures caused by using a mobile operator or internet service provider etc.).
5. Funstage assumes no liability for Player Content (including, but not limited to, inappropriate content and content against these GT&C) and reserves the right to delete any content that infringes these GT&C or any legal provision as soon as any such content becomes known to Funstage, and to pass any such infringing content on to the appropriate law enforcement authority, including upon the instructions of a court or authority.
6. The Player shall inform Funstage immediately in the event of any violation of the GT&C which falls into their perception. In the event of any violation of the GT&C by the Player, the latter will free Funstage of any responsibility for resulting damages or claims by third parties, and reimburse any losses, costs or damages. This shall not reduce or limit Funstage’s duty to mitigate losses or damages caused due to gross negligence or deliberate action, as per the GT&C.
III. OTHER TERMS
1. Funstage reserves the right to extend or change the games and services offered at any time.
2. The Player explicitly accepts that the ranking lists (leaderboard) may not reflect the actual capability of players, as almost every game offered involves luck even if only as a secondary factor. Funstage further warrants that the generation of random numbers is based on an internationally renowned random generator and is in no way manipulated by Funstage. Further information about the random generator is available via e-mail from our support team.
3. Funstage may change these GT&C from time to time. Revisions of the GT&C will be provided on Casino of Gold and should be accepted by the Player. Non-acceptance of the GT&C shall lead to the Player not being able to play the games and use the services offered, and the contract being automatically terminated (account closed).
4. No communications and declarations concerning this contractual relationship shall be deemed effective unless made in writing and sent by post, e-mail or via Casino of Gold.
5. The Player undertakes to keep his/her personal data up-to-date at all times, as per section E. 2.5 of the GT&C. Any legally relevant declarations, statements or other communications sent from Funstage to the mailing address or e-mail address provided by the Player in their account shall be deemed received if sent to the address provided by the Player.
6. If any of the provisions and conditions of the GT&C is or becomes legally ineffective, the remaining parts of the GT&C shall remain in full force and effect, unless adherence to them would entail an unacceptable hardship for either party.
Version 1. December 2020