(Cops n Robbers - World Tour)

Version dated 18.5.2018

  1. General Terms and Conditions (“GT&Cs”)
  2. Scope
  3. These General Terms and Conditions (the “GT&C” or “contract”) apply to and govern the use of all content and services offered by Funstage Spielewebseiten B.m.b.H (“the Operator”), on the online Application Cops ‘n’ Robbers World Tour (the “App”) 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 services sent, that may be posted or uploaded by users to the Apps (the “Users”), including e-mails, SMS (text messages), forum contributions, chat messages and images (“User Content”), as well as to the acquisition of virtual goods and virtual currencies. The Apps are mobile applications which the user can obtain from third-party suppliers (online stores). The Apps allow the user to use games on mobile smartphones and tablet devices.

  1. 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.
  2. The Operator explicitly reserves the right to change the GT&C at any time.
  3. The user confirms that he/she fully acknowledges and agrees to the GT&C in the course of using the Apps by selecting the check box “I accept the GT&C”. The contract between the User and the Operator on the use of the content and services offered on the App is formed upon the acceptance of the GT&C.
  4. The Privacy Notice is integral part of the GT&C. Therefore by agreeing to the GT&C the user acknowledges and accepts also the Privacy Notice.
  5. In the event of discrepancies between the English GT&C and any other possible version, the English version will take precedence. This also applies to all game instructions and any texts found on the App.
  6. Place of Contract Formation and Jurisdiction
  7. The legal relationships between the Operator and the user are governed by the Austrian law, excluding the provisions of Austrian international private law and the UN Sales Law. Unless the excluded law is more favorable for the user e.g. Regulation (EC) 593/2008. The place of the contract performance is Vienna.
  8. The court having jurisdiction over the 1st district of Vienna shall be the place of jurisdiction for any disputes arising from or in connection with the existence, formation or termination of this contract between the user and Operator.
  9. Company’s Purpose
  10. The Operator allows users to participate in the games by using the Apps. Detailed information about the services covered by the Apps can be found in the FAQ section.
  11. The Operator can also, at its own discretion, make access to the gaming platform, games, and services subject to specific conditions, which shall be communicated on the Apps on a case-by-case basis. Furthermore, access to games and the content and/or services offered therein may be temporarily or permanently limited at any time, which shall be communicated on the Apps on a case-by-case basis.
  12. The Operator reserves the right to extend, change, supplement or limit the available range of services at any time.
  13. Conditions of Participation
  14. The right to participate in the games and use the services provided on the App exists only to the extent actually offered by the Operator in each case, taking into account all conditions and/or limitations introduced by the Operator. Such limitations and/or conditions can apply to all users, user groups and individual users.
  15. The user is solely responsible for the technical configuration of the user’s end device. The Operator offers users 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.
  16. Any additional benefits beyond the aforesaid offered free of charge do not form part of the performance obligations and may be discontinued by the Operator at any time.
  17. Accessing the App
  18. The users are not required to register an account to access the App. Each user may download and access the App free of charge. The App allows the users to:

The User must be at least 18 years old in order to access the App services and purchase virtual good and/or currencies (the “Coins”). The Operator assumes no responsibility or liability in case the users intentionally breach the age limit provided in the GT&C and/or circumvent the processes in order to use the services. In case we come to knowledge that a User is younger than 18 years, we shall prevent the access to the App.

  1. Should any information provided by the user prove to be false, the Operator is entitled to bar the offending user wholly or in part from using the services and/or content, and may refuse to issue any Coins won by the user.

3 The user is also responsible for protecting his/her access data against unauthorised third-party access. Any actions carried out via the account of the user or under the user’s name shall be attributed to the user.

  1. These users´ data are processed in anonymous mode as the Company does not perform any identity check and/or seeks whatsoever to identify the App users.
  2. Property Rights to Content
  3. By using the services and/or content provided the Apps, the user acknowledges that the entire content of the App is the sole and unrestricted property of the Operator. The user undertakes to use the App, services and any related content and information exclusively for the intended personal, private purpose, and to refrain from changing, copying, publishing, distributing or otherwise exploiting any of the aforementioned resources. The user further undertakes to refrain from interfering with the App, services and any related content and information by any technical means whatsoever.
  4. Any User Content transferred directly or indirectly by the user to the Operator via the App shall become the sole and unrestricted property of the Operator. No entitlement to compensation shall arise. The transfer of User Content of any kind, including the technical and tactical sequences of the games themselves, by the user constitutes a transfer of rights to the transferred content.
  5. Proper Conduct
  6. Improper conduct on the App is strictly prohibited and includes but is not limited to:
  1. The user shall, in particular:
  1. If required, the Operator reserves the right to take the necessary steps to detect and prevent the use of such software by users, including but not limited to identifying and locating the programs installed on the user’s computer or (mobile) end device, or profiling a player’s behaviour for the purposes of an investigation. Should the Operator detect or suspect with good reason the use of such prohibited software, the Operator shall be entitled to suspend the relevant user’s account for a period of at least six (6) months or more, 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 the Operator’s Apps and any other services and content of the Operator or its associated companies.
  2. Sanctions for Improper Conduct

The Operator reserves the right to instantly terminate the contract of any users who conduct themselves contrary to the rules stated in the GT&C. The Operator also has the right to terminate any ongoing games, block or ban a user with or without prior notice and delete or withhold the Coins where applicable.

  1. Termination
  2. The user and Operator may terminate the contract with immediate effect at any time by uninstalling the App. In this case the Operator shall not be further able to keep any remote connection with the App. In terminating the contract, the user loses all claims to any services, content, virtual goods and virtual currencies that are revoked upon termination.
  3. Should a user not be active for certain periods, the App may be closed by the Operators due to a lack of activity. In closing the account, the user loses all claims to his/her account and to any services, content, virtual goods and virtual currencies, which are revoked upon termination.
  4. Using the App
  5. The App is only offered for smartphones and tablet platforms. The technical configuration of the user’s devices used for that purpose is the sole responsibility of the user.
  6. The App is available and may be downloaded via third-party suppliers (app shops). Consequently the terms and conditions of the relevant third parties shall apply to the users.
  7. By installing the App, the user agrees to make all or part of the following details concerning his/her end device to the Operator anonymously for the purposes of error correction and App quality improvement: version number of the App used, end device model and version number of the operating system, free capacity, process cycle of the App, display characteristics, hardware configuration and software environment, system settings, system log file and, if applicable, information on the inbuilt radio receiver and its configuration.
  8. Upon proper downloading and registration of the App, the user will also be able to automatically access the games and online shop.
  9. The App is downloaded on the user’s end device via an internet connection. The connection costs applied may vary depending on the mobile operator or internet service provider and the user is charged separately by them. It is explicitly stipulated that the connection costs charged by mobile and internet service providers (and possible basic fees) are not included in the scope of the Operator’s services and users will be charged for them separately by mobile and internet service providers.
  10. The Operator reserves the right to change, reduce or expand the range of the App at any time, as well as to change the price of the Coins at any time, without stating a reason. Furthermore, the Operator has the right to no longer offer the App at its own discretion. In exercising that right, the Operator has no obligations whatsoever towards the user. The user has no claim to compensation if the App that he/she downloaded are no longer offered or are offered under limited or changed conditions.
  11. The App is protected by the copyright and trademark rights of the Operator. The user is allowed to save the App on his/her end device. Any other form of saving, copying, any other duplication, editing or distribution of the game by the user is strictly forbidden.
  12. Virtual Goods
  13. The Operator allows users to acquire and use in the App virtual goods and/or virtual currencies (the “Coins”). The goods and currencies offered may vary depending on the type of game. The User must be at least 18 years old in order to access the services and purchase virtual goods and/or currencies.
  14. The user has the opportunity to acquire the right to use Coins in the App by paying with real money. The acquisition of Coins grants the user the right to use them within the scope of and in accordance with the game; acquiring any further rights to the acquired goods or currencies (e.g. ownership) shall be excluded. The object of purchase is exclusively a right which is limited in terms of time, content and location to the use of the relevant goods and currencies within the scope of and in accordance with the respective game.
  15. By purchasing virtual goods or currencies in the App or in the games, the user exclusively acquires a right in accordance with the GT&C which is limited in terms of time, content, and location to the use of these virtual goods or currencies within the scope of and in accordance with the respective game. Any refund, redemption or compensation in real money is excluded. In case of violation of the GT&C, the Operator is entitled to withdraw and revoke any and all of the rights granted for the use of virtual goods or currencies. Upon termination of contract for any reason whatsoever, any and all rights granted for the use of virtual goods and currencies shall expire. Any virtual goods/currencies still available to the user upon termination shall be forfeited. The user shall not be entitled to any compensation.
  16. The user is forbidden from transferring his/her player account, any virtual goods, currencies as well as User Content held therein to any third party or to other users. The player account for use of the services provided on the App, any data on the Operator’s servers and any User Content are the sole and unrestricted property of the Operator.
  17. The virtual goods and currencies on offer can be found on the App. The Operator reserves the right to change, reduce or expand the range of virtual goods and currencies at any time, as well as to change the price of the goods and currencies at any time, without stating a reason. Furthermore, the Operator has the right to no longer offer goods and currencies or to offer them either free of charge or for a fee, at its own discretion. In exercising that right, the Operator has no obligations whatsoever towards the user. The user is not entitled to any compensation should the goods and currencies he/she uses be withdrawn or provided under different conditions, regardless of whether said goods and currencies are offered on a temporary or permanent basis. Moreover, the Operator 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. In such cases, the user is entitled to terminate the contract with immediate effect. Any further claim by the user is excluded.
  18. Within the App, virtual goods and currencies can be acquired from third-party paymet providers. The User warrants that is the legitimate holder or user of the chosen payment method. The legitimate holder or user has no right to claim a refund in case of an unauthorized use of a payment method. The terms of the third party payment methods shall apply to the users.
  19. The main currency for payments of virtual goods and currencies on the App is the GBP (£). Other currencies are may be available depending on the Operator discretion and operating systems chosen by the User i.e. Google or Android. The prices for virtual goods and currencies are displayed in the currency of the user’s country, provided that this currency is supported by the App. If the user uses a currency other than the GDP, the exchange rates and conversions will be calculated and processed by the third party payment provider.
  20. Payment for virtual goods and currencies with real money can be made via different payment methods found on the Website or within the App using the payment methods of third-party suppliers. The Operator reserves the right to change the payment methods available without giving a reason. The Operator further reserves the right to set specific prerequisites for the use of certain payment methods. The Operator offers no guarantee for the uninterrupted availability of all payment methods.
  21. Virtual goods and currencies shall be considered paid for as soon as the account of the Operator has been irrevocably credited with the corresponding amount. All account and/or monetary transactions are checked by the Operator without assuming any liability. Any suspicious account and/or monetary transactions will be reported to the appropriate authority.
  22. The Operator reserves the right, at its own discretion, to refuse the allocation of virtual goods and currencies or to set limitations on the number of goods and currencies or on the total amount. In case of suspicion of fraud or violation of laws or these GT&C, the Operator has the right to suspend the acquisition processes and the related payment transactions until the situation has been clarified.
  23. LIABILITY and WARRANTY
  24. Claims for damages against the Operator, against its associated companies, against the agents of the Operator in connection with the services and content offered on the App and the services and content offered therein are excluded, unless the relevant loss or damage is caused by the Operator, its associated companies or its vicarious agents due to gross negligence or deliberate action. This limitation of liability does not apply to personal injury.
  25. The Operator, its associated companies and/or its agents and its business partners shall be liable for damages only in accordance with the relevant statutory provisions.
  26. The Operator assumes no liability for loss or damage of any kind arising from the improper use of the account by the User. The Operator is not liable for any damage whatsoever arising from the improper use of the App by a third party (i.e. persons other than the Operator, the Operator’s agents or associated companies, or the user), provided that the improper use by said third party is not caused by the gross negligence or deliberate action on the part of the Operator.
  27. The Operator assumes no liability for any loss or damage due to circumstances beyond its control (e.g. acts of God).
  28. The Operator assumes no liability for User Content, but reserves the right to delete any content that infringes upon the conditions of use or any legal provisions as soon as any such content becomes known, and to pass any such infringing content on to the appropriate law enforcement authority upon the instructions of the court or authority.
  29. The user is obliged to inform the Operator immediately in the event of any violation of the GT&C. In the event of any violation of the GT&C, the user is also obliged to free the Operator of any responsibility for resulting damages or claims by third parties, and to reimburse any losses, costs or damages. This shall not reduce or limit the Operator’s duty to mitigate loss or damage.

III. OTHER TERMS

  1. The Operator reserves the right to extend or change the services offered at any time.
  2. The user explicitly accepts that any provided ranking lists (leaderboard) may not reflect the actual capability of players, as the game offered involves luck even if only as a secondary factor. The Operator further warrants that the generation of random numbers is based on a random generator reflecting high technical standards and is in no way manipulated by the Operator.
  3. Revisions of the GT&C will be provided on the App and should be accepted by the user. Any objection from the user shall lead to automatic termination of the contract.
  4. No communications and declarations concerning this contractual relationship shall be deemed effective unless made in writing via e-mail and/or via the App.
  5. Upon downloading and using the App, every user acknowledges the exclusive intellectual property right of the Operator to the GT&C.
  6. If any of the provisions and conditions of the contract is or becomes legally ineffective, the remaining parts of the contract shall remain in full force and effect, unless adherence to the contract would entail an unacceptable hardship for either party.