I. General Terms and Conditions
A.1. These General Terms and Conditions apply to and govern the use of the ‘Golden Match’ application (hereinafter referred to as the ‘App’) of Cervo Media Gesellschaft mit beschränkter Haftung (hereinafter also referred to as the ‘Operator’). These General Terms and Conditions also apply to the purchase of virtual currency in particular (‘Diamonds’). The App is an application which is available on mobile devices (iOS & Android) and which can therefore be played on mobile smartphones and tablets.
A.2. The type of use, especially on mobile devices and/or other hardware and/or software, has no influence on the applicability of these General Terms and Conditions.
A.3. The Operator, Cervo Media Gesellschaft mit beschränkter Haftung, expressly reserves the right to alter these General Terms and Conditions at any time.
A.4. By installing and using this App, the player confirms his/her full awareness of these General Terms and Conditions and expressly agrees to these General Terms and Conditions at the same time.
B. Place of Conclusion of the Agreement and Jurisdiction
B.1. All legal relationships between the Operator and the user are governed exclusively by Austrian law, excluding the reference provisions of Austrian international privacy laws and the UN Sales Law, unless the excluded law is more favourable for the user, as in the case of Regulation (EC) 593/2008 on consumer law, for instance. The place of performance is Vienna.
Provided that this is legally permissible, it is agreed that 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. Users who are consumers within the scope of the Austrian Consumer Protection Act – and are either (i) habitually resident in Austria, (ii) domiciled in Austria or (iii) employed in Austria – can only file a lawsuit against the Operator before the competent court in the relevant location, where (a) the user in question is habitually resident, (b) the user in question is domiciled or (c) the user in question is employed.Object
C.1. The specific game rules, scoring rules, controls and guidelines for the App can be found within the App itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of the App which you choose to access and/or play.
C.2. At its own discretion, the Operator can also subject access to the App, the content, services and/or performances provided therein, to specific conditions which shall be set out in the App for each case. Furthermore, access to the App, as well as the content, services and/or performances provided therein, can be temporarily or permanently restricted at any time; likewise, announcements shall be published in the App for each case.
C.3. The Operator reserves the right to continuously enhance, alter, expand and limit the service offer.
C.4. The App is available via the Google Play Store and the iOS App Store for smartphones and tablets. Therefore, the terms and conditions of Google Play Store respectively the iOS App Store also apply.
C.5. Golden Match is played on the end device of the player. The connection costs accrued in this process are independent of the phone network or Internet service provider and are charged separately. Please note that under no circumstances shall the connection costs (plus any base fees) charged by the phone network or Internet service provider be covered by the scope of services of the Operator and that these are charged by the phone network or Internet service provider separately.
C.6. The Operator reserves the right to alter, reduce and/or expand the provision of the App on a continuous basis. Furthermore, the Operator is entitled to cease providing the App at its own discretion. If it asserts this right, the Operator shall not be subject to any obligations towards the player. The player shall have no claim to compensation if the App is no longer provided or is only provided on a limited basis or under different conditions.
The App is protected by the copyright and trademark rights of the Operator. The player 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.Prerequisites for Participation
D.1. The claim to participate in the services provided in the App exists only as offered by the Operator, with consideration for all conditions and/or restrictions introduced by the Operator. Such conditions and/or restrictions can apply to all players, player groups or even individual players.
D.2. The player bears sole responsibility for the technical configuration of the player’s end device. The Operator shall offer players free support. Players are not entitled to have their questions answered within a specific period of time. The support team can be contacted using the support form in the App.
D.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.
E. Registration and Logging in
E.1. By installing and using the App, the player confirms his/her full awareness of and express consent to these General Terms and Conditions. If the player does not agree to the General Terms and Conditions, the App may not be used; it is to be uninstalled and deleted.
E.2. Participation in Golden Match is free and it unlocks selected content and services contained in the App.
E.3. Connecting the Facebook account to the App shall create the agreement between the player and the Operator concerning the use of the content, performances and services offered in Golden Match.
E.4. The Operator is entitled to disqualify (including permanently) the player from participating in the content and/or services, either fully or in part. The Diamonds (won or collected) cannot be disbursed.
E.5. . The player 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.
E.6. By disclosing his/her email address to the Operator, the player is authorising the Operator to send information by email regarding offers, updates, new features, new games, etc. This authorisation can be revoked at any time by contacting the support team.
E.7. The App is only to be used for the purposes of entertainment. Persons under the age of 13 are not entitled to use the App. The Operator shall not purposefully collect information from any person under the age of 13.
F. Property Rights to Content
F.1. By accessing the App and/or using the services and/or content provided by the App, the player acknowledges that the entire content of the Apps is the sole and unrestricted property of the Operator. The player undertakes to use the 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 player further undertakes to refrain from interfering with the App, services and any related content and information by any technical means whatsoever.
G. Prohibition of Abuse
G.1. Abusive behaviour in the App is strictly prohibited. Such abusive behaviour includes, but is not limited to, the following:
Intentionally providing incorrect or misleading information
Even merely attempting to influence the outcome of games by means of programming or other prohibited means
Intentionally causing errors and disruptions in order to influence the course of a game
Violating the provisions of the General Terms and Conditions
G.2. In particular, the player shall also
make absolutely no attempts to decompile or recreate the gaming software used in the App, access it in any other manner or develop software to access the gaming software or client–server communications used in the App;
refrain from using any software which the Operator considers to be a program that allows players to cheat;
refrain from any use of scripts that have not been authorised by the Operator;
refrain from using any software which allows the player to analyse or reproduce the App or individual games and otherwise accessing the App, the games and their programming.
G.3. If necessary, the Operator reserves the right to take the necessary steps to uncover and prevent the use of such software by the player, especially by identifying and localising the programs installed on the computer or (mobile) end device of the player or creating in-game behaviour profiles for the purposes of an investigation. If the Operator should identify or have just cause to presume the use of prohibited software, it shall be entitled to block the account of the player in question for a minimum period of six (6) months, withhold and/or declare as forfeit any virtual currency held by the account and/or ban the player from using the App and other services and content of the Operator and companies affiliated with the Operator, either fully or in part, temporarily or permanently.
H. Sanctions for Abusive Conduct
H.1. In cases of abusive behaviour on the part of a player, the Operator reserves the right to terminate the agreement with immediate effect. Furthermore, the Operator is entitled to cancel ongoing games and ban the player from the App, with or without prior notice, and delete and/or withhold any credit.
I. Termination and Deletion of Data
I.1. Both contractual partners, i.e. both the Operator and the player, can terminate the agreement at any time with immediate effect without being required to provide a reason. The player can delete the App from his/her mobile device at any time. If the player wishes the Operator to delete all data collected about the player, he/she can submit a deletion request using the support form in the App. Upon receiving the deletion request, the Operator shall delete all of the player’s data with the exception of any data which is necessary for administrative purposes and/or which must be stored, processed and subsequently stored by the Operator due to its statutory data retention obligations. After the data is deleted, the player shall lose his/her claim to use of the App and the services, content and Diamonds purchased in connection with the App, which shall be deemed forfeit as of the deletion.
J.1. In the App, Diamonds can be obtained in a variety of ways and used in the games.
J.2. Diamonds 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.
J.3. The player receives Diamonds free of charge but can also purchase them from the Google Play Store respectively the iOS App Store. See section M (‘Virtual currency’) for more information on this subject.
K.1. With each completed level, the player shall receive ’Energy’ in addition to Diamonds. The amount of received Energy will be determined by the number of matched/collected energy symbols within the completed level.
K.2. The player can unlock various in-game functions or content based on the number of energy he/she has collected.
K.3. Energy can never be converted to Diamonds.
L.1. To play a level, the player needs at least one life. The amount of lives is limited to a defined value. If the amount of lives is below the limit, the player will receive an additional life in defined intervals.
L.2. Losing a level will reduce the amount of lives by one.
L.3. If there are no lives left, the player may choose to wait until a life is restored or trade diamonds to receive new lives.
L.4. Lives can never be converted to Diamonds.
M. Virtual Currency
M.1. The Operator provides the opportunity to purchase and use Diamonds in the App.
M.2. Obtaining Diamonds merely grants the player the right to use them as part of and in line with the game; the acquisition of any other rights at all (e.g. ownership) to the obtained Diamonds is excluded. The object of purchase is simply a temporary, localised licence – with restricted content – to use these Diamonds as part of and in line with the games.
M.3. Regardless of the terminology used in the App or in the game, by purchasing Diamonds the player shall receive a temporary, localised licence – with restricted content – to use these Diamonds as part of and in line with the services in accordance with these General Terms and Conditions. Reimbursement, redemption or compensation in real money is excluded. In the event of a breach of these General Terms and Conditions, the Operator shall be entitled to revoke and declare forfeit one or all licences granted for use of the Diamonds. Upon the termination of the legal relationship, on whatever grounds, all licences granted for use of the Diamonds shall end. The Diamonds remaining on the date of termination shall be forfeit. The player has no entitlement to compensation.
M.4. If case law in the country of the player should deem the App illegal or partially illegal, the player must refrain from using the App. Players may only purchase Diamonds if their countries allow the purchase of virtual currency.
M.5. The player is not permitted to transfer his/her Diamonds to third parties. Furthermore, it is not permitted to purchase, sell or trade Diamonds outside of the App. Doing so shall represent a breach of these General Terms and Conditions and result in the exclusion of the player from the service of the Operator.
M.6. The services of the App, any data on the servers of the Operator and any player content are the sole and unrestricted property of the Operator.
M.7. The offer of Diamonds can be found in the App. The Operator reserves the right to alter, reduce and/or expand the offer of Diamonds on a continuous basis and to alter the price of Diamonds at any time and without justification. Furthermore and at its own discretion, the Operator is entitled to cease offering Diamonds or to provide them either free of charge or at a price. If it asserts this right, the Operator shall not be subject to any obligations towards the player. The player shall have no claim to compensation if his/her Diamonds are no longer provided or are only provided under different conditions. This applies to Diamonds offered on both a temporary and permanent basis. Furthermore, the Operator shall always be entitled to delete or alter the gaming account and its gaming history and Diamonds without providing a reason. In such cases, the player shall be entitled to terminate the agreement with immediate effect. Additional claims of the player are excluded.
M.8. Diamonds are paid for via the Google Play Store respectively the iOS App Store. The currency used to pay for the Diamonds depends on the home country of the player.
M.9. Diamonds shall be deemed paid for if the amount is irrevocably credited to the account of the third-party provider (Google respectively Apple).
M.10. The Operator reserves the right to reject allotments of Diamonds or limit the number of Diamonds or the overall amount at its own discretion. If it suspects fraud or violations against the law or these General Terms and Conditions, the Operator shall be entitled to freeze purchasing processes and the associated payment transactions until the situation is resolved. Furthermore, the provisions under section H shall apply.
II. Liability and Guarantee
A. Claims for damages against the Operator, companies affiliated with the Operator and vicarious agents of the Operator in connection with the services and content provided in the App shall be excluded if the damage in question was not caused as a result of intent or gross negligence on the part of the Operator, companies affiliated with the Operator or vicarious agents of the Operator. This limitation of liability does not apply to physical injury.
B. The Operator, the companies affiliated with the Operator and/or the vicarious agents of the Operator and its distribution partners for the App shall only be liable for damage beyond the ambit of the Austrian Produkthaftungsgesetz (PHG – ‘product liability act’) as stipulated by the statutory provisions.
C. The Operator accepts no liability for any type of damage caused as a result of abuse of the App by the player. Moreover, the Operator accepts no liability for any type of damage caused as a result of abuse of the App by third parties (i.e. persons other than the Operator, its vicarious agents, companies affiliated with the Operator or the player), provided that the abuse by the third party was not caused by gross negligence or intent on the part of the Operator.
D. The Operator accepts no liability for any damage caused by circumstances beyond its influence (force majeure etc.).
E. In the event of a breach of these General Terms and Conditions, the player shall be obliged to immediately inform the Operator accordingly. In the event of a breach of these General Terms and Conditions, the player shall also be obliged to indemnify the Operator against consequent damage and third-party claims and provide compensation for losses, expenses or damage resulting from this. This does not limit the duty of the Operator to mitigate losses.
III. Miscellaneous Provisions
A. The Operator assures that the generation of the random numbers is based on an internationally accepted random generator and that the generation is in no way influenced by the Operator. More information on the random generator can be requested using the support form in the App.
B. The current version of these General Terms and Conditions can be found by clicking on the link ‘General Terms and Conditions’ in the App. The player undertakes to remain informed about the current version of these General Terms and Conditions. As soon as a new version of these General Terms and Conditions is published, the player accepts the new version by using the service. If the player objects to the new version, the App must be uninstalled or deleted from the player’s device.
C. All announcements and statements concerning this legal relationship shall only be valid if released in the App.
D. By using the App, every player acknowledges the exclusive (intellectual) property rights of the Operator to these General Terms and Conditions.
E. 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.