I. General Terms and Conditions (“GT&C”)
It is important that the Player reads and understands these General Terms and Conditions before he/she accepts 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”) in the Diamond Cash Slots App (the “App” or “Diamond Cash Slots”), 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 users of Diamond Cash Slots (the “Players”), including, where applicable, emails, SMS (text messages), forum contributions, chat messages and images (collectively “Content”), as well as to the acquisition of virtual goods and virtual currencies.
2. Diamond Cash Slots is a mobile application, which Players can obtain from third-party suppliers. It allows Players to access the content and games on mobile smartphones and tablet devices. Diamond Cash Slots is offered via the Google Play Store and/or the Apple App Store. In this regard, the provisions of the respective third-party provider also apply. The type and mode of use, particularly by means of 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; the amended GT&C will be available to the Player on Diamond Cash Slots.
4. The Player confirms that he/she fully acknowledges and agrees to the GT&C in the course of registering on Diamond Cash Slots by selecting the checkbox “I accept the GT&C” and pressing the “Registration” button.
6. In the event of discrepancies between the English and other language versions of this document, the English GT&C will take precedence. This also applies to all game instructions and any texts found on Diamond Cash Slots.
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 the UN Sales Law or any law more favorable to the Player (e.g. Regulation (EC) 593/2008). The place of 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. Diamond Cash Slots is intended for entertainment purposes only for guest and/or registered Players aged 18 and over. Diamond Cash Slots allows Players to participate in the games as guests or by registering an account.
2. Funstage reserves the right, at its own discretion, to allow or to forbid access to the App, games and services subject to specific conditions on a case-by-case basis, which shall be communicated to the Player via the Diamond Cash Slots App, via customer support or via the email address associated with the account, if applicable.
Furthermore, access to the App and games and the content and/or services offered therein may be temporarily or permanently limited or restricted at any time on a case-by-case basis, which shall be communicated to the Player via the Diamond Cash Slots App, via customer support or via the email address associated with the account, if applicable.
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 Diamond Cash Slots 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 email 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.
4. If use of Diamond Cash Slots is legally prohibited in the Player’s country of residence, the user must refrain from accessing and using Diamond Cash Slots. Virtual goods and virtual currencies offered on Diamond Cash Slots can only be earned and/or acquired by Players whose country of residence legally allows the acquisition of such goods and currencies.
1. Account – General:
1.1. The Player must be at least 18 years old in order to open an account and/or to access the Diamond Cash Slots services and purchase virtual goods and/or virtual currencies. Funstage does not knowingly collect information related to individuals who have not yet reached the minimum age of 18 years and assumes no responsibility or liability in case Players breach the age restriction provided in the GT&C and/or circumvent the processes in order to use the services. In case Funstage becomes aware that a Player is younger than 18 years, Funstage will close the Player’s account, terminate all services and ban his/her access to Diamond Cash Slots. The Player shall not be entitled to keep any acquired virtual goods, virtual currencies or progress.
1.2. Upon installation of the Diamond Cash Slots App and by accepting these GT&C, the Player concludes an agreement with Funstage on the use of the content and services offered on Diamond Cash Slots.
1.3. In order to register an account in the Diamond Cash Slots App, Players must not have been previously banned from the Diamond Cash Slots App and must not already hold an account in the Diamond Cash Slots App.
1.4. The Player has the right to request a revocation of the contractual agreement with Funstage within a period of 14 days of registering for an account or completing payment for virtual goods (see section L), without giving any reason or justification.
2. Registering an Account
2.1.a. Visiting Diamond Cash Slots is free of charge and enables the general use of games and products offered by Funstage in the App. Players become guest users of Diamond Cash Slots upon installation of the App. A guest is a user who does not have a registered account in accordance with this section.
2.1.b. In addition to accounts registered in accordance with this section, Players may use the App as guests in Guest Mode. Guest Mode allows the use of Diamond Cash Slots and supports all functions enabled for registered Players. Virtual goods, virtual currencies and progress acquired in Try-mode remain saved on the Player’s device. If the Player is in Try-mode and subsequently registers an account via Facebook and/or email, any virtual goods, virtual currencies and progress acquired in Try-mode shall be assigned to the newly registered account.
2.2.a. Players may open an account by completing the registration in the Diamond Cash Slots App.
2.2.b. A Player may only open one account. The registration of an account is free of charge and allows the Player to create and customize a personal profile.
2.3. Funstage offers the option to create a Player account by two different means.
2.4. a. Registration in the Diamond Cash Slots App via email:
The registration on Diamond Cash Slots via the Player’s email requires the Player to provide the following information:
- Email address; and
2.4.b. Registration in the Diamond Cash Slots App via Facebook:
In the event the Player registers an account on Diamond Cash Slots via Facebook, the following data from the Player’s Facebook account is collected:
- Name (first name and surname);
- Facebook user ID;
- Facebook token;
- Facebook profile picture;
- Facebook location;
- Facebook app friends.
In all cases, in order to move forward with the creation of the account, Players need to confirm that they are at least 18 years old.
2.5. By registering on Diamond Cash Slots, the Player’s nickname and the selected avatar shall be made visible to the other Players of the Diamond Cash Slots App.
2.6. Use of account features is possible after confirmation of the registration by means of activation via a link sent to the Player by email together with the acknowledgement of registration.
2.7. 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 virtual goods, virtual currencies and progress from this Player’s account.
2.8. The Player undertakes to keep his/her personal data up to date at all times and to correct the Player data on Diamond Cash Slots in the event of any change to it. The Player is also responsible for protecting his/her access data against unauthorized 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 on Diamond Cash Slots, the Player acknowledges that the entire content of Diamond Cash Slots is the sole and unrestricted property of Funstage. The Player undertakes to use Diamond Cash Slots, 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 Diamond Cash Slots, 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 Diamond Cash Slots, the Player account for use of the services provided on the Diamond Cash Slots, including the Player avatar in the App and any associated images, 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 to the transferred Player Content to Funstage.
G. Proper Player Conduct
1. Improper conduct on Diamond Cash Slots 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 alter the normal course of a game or promotion, or to influence the result of a game or promotion by collusion, tampering with the program or by any technical or other means contrary to the rules;
- causing malfunctions or failures deliberately in order to influence the course of a game or promotion, or the results of a game or promotion, and/or abusing any such malfunctions and failures in any way;
- creating several gaming accounts for one person;
breaking any other rules set forth in the GT&C and/or in any game rules in the App, 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 Diamond Cash Slots, interfere with these in any other way, or develop any software that interferes with the gaming software used on Diamond Cash Slots 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 the 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 on Diamond Cash Slots exclusively through the App;
- refrain from using any scripts which are not authorized by Funstage;
- not use any software that allows the Player to analyze or reproduce Diamond Cash Slots or individual games, or that allows the Player to interfere with Diamond Cash Slots and/or the games and/or any promotion 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 his/her 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, virtual currencies and/or progress 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 or 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 mobile or other end device or profiling a Player’s behavior 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 Diamond Cash Slots 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 him/her 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 behavior.
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.;
- harassing other Players or representatives of Funstage in any way;
- 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. To 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 any virtual goods, virtual currencies and/or progress, where applicable.
1.a. The Player and Funstage may terminate the Contract with immediate effect at any time and without stating a reason. To do this, the Player can send an email with his/her name and/or email address and nickname to support@DiamondCashSlots.com. Customer support shall trigger the deletion of the account as soon as the Player who requests deletion is identified as the owner of the account by means deemed sufficient by Funstage.
1.b. Alternatively, the Player can trigger the deletion of the account at any time by using the “Delete Account” button in the App. The deletion of the account takes effect 24 hours after the request. During this 24-hour period, the deletion request can be cancelled via the Diamond Cash Slots App.
2. Should an account not be logged into for longer periods of time, it may be closed due to inactivity. However, before the closure is carried out, at least two notification emails will be sent to the account holder using the email address provided in the Player account data.
3. Upon terminating the Contract and/or closing an account, the Player loses all claims to his/her account and to any services, content, virtual goods, virtual currencies and progress that are revoked upon termination.
K. Coins and Other Virtual Currencies (Bonus Points)
1. Bonus Points in the form of Coins are the primary currency on Diamond Cash Slots. Players are awarded such Bonus Points for undertaking certain actions while using Diamond Cash Slots, and these Bonus Points can be further used in the various games on Diamond Cash Slots. To this regard, Coins are acquired without charge. Coins are also available on Diamond Cash Slots for a fee as Virtual Goods (see section L below).
2. Other virtual currencies may, from time to time and at the sole discretion of Funstage, be available to be earned and/or acquired on Diamond Cash Slots without charge and/or for a fee as Virtual Goods (see section L below).
3. Coins and other virtual currencies are awarded according to a system that is explained in detail in the “FAQs” in the “Help” section on Diamond Cash Slots. 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 Diamond Cash Slots as guests and upon account 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 Diamond Cash Slots by paying real money or by 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 Diamond Cash Slots 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 Diamond Cash Slots 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 changes will be visible to the Player via the App. Funstage does not guarantee the availability of the same virtual currencies in Diamond Cash Slots 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 in the Diamond Cash Slots App (payment methods available in the Diamond Cash Slots App shop). The payment methods are provided by 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 of the chosen payment method. The payment method’s legitimate holder or Player has no right to claim a refund in case of unauthorized use of such payment method.
6. The Operator is entitled to set a monthly limit for the Player’s purchases on Diamond Cash Slots.
7. The currency used to purchase the virtual goods and currencies offered on Diamond Cash Slots shall depend on the payment provider used to make the payment to the Google Play Store and/or to the Apple App Store, as well as on the Player’s country of residence. If a different currency other than euro is used, 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 borne 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 Diamond Cash Slots and the services and content offered therein are excluded unless the relevant loss or damage is directly 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 and 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 as perceived by the Player. In the event of any violation of the GT&C by the Player, he/she 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 by 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 understands that if Diamond Cash Slots is downloaded and used on the device via an internet connection, the resulting connection costs depend on the applicable mobile or internet service provider and are charged separately. These connection costs charged by the mobile or internet service provider, as well as any other such charges, do not fall under the scope of Funstage’s services.
3. Funstage may at its sole discretion offer on Diamond Cash Slots chat functionalities that allow Players to communicate with each other in the context of gaming activities or of specific offers and promotions. The chat functionality is monitored by Funstage to avoid any possible misconduct by Players. Funstage reserves the right at any time and its sole discretion to amend and change the Player’s rights in the chat functionalities, including a complete access ban.
4. 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 email from our support team.
5. In order to offer Players the best entertainment experience, Funstage uses different channels to promote special bonuses, price reductions and new features, and offer general information about updates, new slots, in-game activities, changes in the Player’s status, upcoming promotions and individual prices. These channels may include, but are not limited to, the following:
- The email address provided by the Player during registration. The Player can freely subscribe to or unsubscribe from this communication channel in the App at any time.
- Push notifications feature, which the Player can enable and disable in the App at any time.
- Generic notifications from Diamond Cash Slots such as banners, buttons in the lobby, messages via the inbox or special promotions in the App shop.
The Privacy Notice provides further details on how the data is processed as part of marketing communications and on the Players’ rights in this respect.
6. Funstage may change these GT&C from time to time. Revisions of the GT&C will be provided on Diamond Cash Slots 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).
7. No communications and declarations concerning this contractual relationship shall be deemed effective unless made in writing and sent by post, email or via the Diamond Cash Slots App.
8. 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 email address provided by the Player in his/her account shall be deemed received if sent to the address provided by the Player.
9. 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.