Terms of Use - magicsocialcasino.com

Version date 12.5.2012

I. General Terms and Conditions (“GT&Cs”)
A. Scope
1. These General Terms and Conditions (the “GT&C” or “contract”) apply to and govern the use of all content and services offered by Fantasy Pixels Studio LTD. (“the Operator”), on the website www.magicsocialcasino.com otherwise in electronic form, unless different or additional conditions apply or are agreed upon in individual cases.
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. The Operator explicitly reserves the right to change the GT&C at any time.
4. The user confirms that he/she fully acknowledges and agrees to the GT&C in the course of registering on the Website/Apps by selecting the check box “I accept the GT&C” and pressing the “Registration” button.
5. The Privacy Notice and the Cookies Policy are integral parts of the GT&C. Therefore by agreeing to the GT&C the user acknowledges and accepts also the Privacy Notice and the Cookies Policy.
6. In the event of discrepancies between the English or other 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 the Website /Apps.

B. Place of Contract Formation and Jurisdiction
1. The legal relationships between the Operator and the user are governed by the United Kingdom law, excluding the provisions of United Kingdom international private law and the UN Sales Law. Unless the excluded law is more favorable for the user e.g. Regulation (EC) 593/2008.
C. Company’s Purpose
1. The Operator Website allows users to participate in the games by registering with an account. In addition, the Operator offers Fantasy Pixels Studio LTD. within which the user can apply for an account or use an existing Website account. The same account can be used on the Website and in the Fantasy Pixels Studio LTD. Separate regulations concerning Fantasy Pixels Studio LTD. can be found under Point M. Detailed information about the services covered by the Fantasy Pixels Studio LTD. can be found in the FAQ section of the Fantasy Pixels Studio LTD. website.
2. 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 Website /Apps on a case-by-case basis. 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, which shall be communicated on the Website /Apps on a case-by-case basis.
3. The Operator reserves the right to extend, change, supplement or limit the available range of services at any time.

D. Conditions of Participation
1. The right to participate in the games and use the services provided on the Website /Apps 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. The scope of services concerning the games offered within the Fantasy Pixels Studio LTD. may not correspond in full with the scope of services on the Website and the games offered therein.
2. 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.
3. 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.

E. Registration
1. Account
1.1 Users may open an account by completing the registration on the Fantasy Pixels Studio LTD. Website. The user must have an account in order to use the bonus system.
1.2. Each user may only open one account. The registration of an account is free of charge and allows the user to:

Access to the games on the Website.
Creation of a personal profile;
Use of the Fantasy Pixels Studio LTD. challenge system;

2. Registering with an Account
2.1. The Operator offers the option to create various types of user accounts.
The registration available on Apps must include the following details, which must be stated correctly and without any misleading information:

personal and confidential pseudonym (“username”, “nick”). The user is not entitled to any specific nick. The username must be unambiguous and distinct. Offensive, immoral, objectionable or National Socialist etc. names and names that glorify violence are not permitted. Names that contain or clearly suggest internet links and account names that allege the user has certain enhanced rights (e.g. in a role as administrator) are also not permitted. The Operator reserves the right to prohibit, block and remove any unacceptable username at any time. The account will be unblocked once the user has changed the username to a permitted “nick” ;
Password and security question. The user is not entitled to any specific password;
Date of birth;
Email address. By checking the box to subscribe to the newsletter, the user gives his/her consent to receive promotional e-mails from the Operator and its partners. Such consent can be revoked at any time in the user’s personal settings.

The short version registration available on the Website must include the following information:

Nick name;
Date of birth;
Email address; and
Password.

The long version registration available on the Website must include in addition to the above data also the following information:

Name and surname;
Security question;
Address;
Telephone number; and
Gender.

The User must be at least 18 years old in order to access the Website /Apps services and purchase virtual good and/or currencies. 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 will close the account.
2.2 Use of account features is possible by means of the activation link sent by e-mail together with the acknowledgement of registration.
2.3 The contract between the User and the Operator on the use of the content and services offered on the Website /Apps is formed upon completion of the registration process on the Website or through use of a Fantasy Pixels Studio LTD.
2.4 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 points won by the user.
2.5 The user undertakes to keep his/her personal data up to date at all times and to correct the user data on the Website by following the link “Change Data” in the event of any changes of name, address, e-mail, etc. 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.

F. Property Rights to Content
1. By registering an account and/or using the services and/or content provided the Website/ Apps, the user acknowledges that the entire content of the Website/Apps is the sole and unrestricted property of the Operator. The user undertakes to use the Website / Apps, 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 Website/Apps, services and any related content and information by any technical means whatsoever.
2. Any User Content transferred directly or indirectly by the user to the Operator via the Website /Apps 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.

G. Proper Conduct
1. Improper conduct on the Website /Apps is strictly prohibited and includes but is not limited to:

breaking the rules regarding communication between users (see point H);
deliberately submitting false or misleading information;
any attempt to influence the result of a game by collusion, tampering with the program or by any other means contrary to the rules;
causing malfunctions or failure deliberately in order to influence the course of a game;
creating several gaming accounts for one person;
breaking any other rules set forth in the GT&C.

2. The user shall, in particular:

make no attempt to decompile or reproduce the gaming software used on the Website / Apps, not interfere with these in any other way, and not develop any software that interferes with the gaming software used on the Website/ Apps and as part of client-server communications;
not use any type of software that permits the use of artificial intelligence or allows opponent profiling or user collusion;
not use any software that, at the Operator’s sole discretion, is regarded as a program that allows a user to cheat or gives a user an unfair advantage over another player;
use the games and services at the Website exclusively through an internet browser;
refrain from using any scripts which are not authorised by the Operator;
not use any software that allows the user to analyse or reproduce the Website / Apps or individual games, or that allows the user to interfere with the Website /Apps and the games and/or their programming in any other way;
not use any program causing an excessive burden on the server.

3. 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 Website / Apps and any other services and content of the Operator or its associated companies.

H. Communication and Other Conduct between Players
1. The user is responsible for ensuring any User Content generated by him/her does not violate any legal provisions or third-party rights. Specifically, the user undertakes to respect the privacy of other users, and to refrain from posting any offensive, immoral, objectionable, National Socialist, 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:

the distribution of advertising;
conducting surveys;
the distribution of chain letters;
the 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 users by entering senseless combinations of characters, etc.;
deliberately blocking games and communication processes in any way.
J. Termination
1. The user and Operator may terminate the contract with immediate effect at any time and without stating a reason. To do this, the user must send an e-mail with his/her name and account name to support@magicsocialcasino.com. 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 a current and official proof of identity must be sent to support@magicsocialcasino.com. The ID must be valid and the details must match those in the account. In terminating the contract, the user loses all claims to his/her account and to any services, content, virtual goods and virtual currencies that are revoked upon termination.
2. Should an account not be logged for certain periods, it may be closed due to a lack of activity. 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 recorded in the account data. 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.
II. LIABILITY and WARRANTY
1. 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 Website / Apps 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.
2. The Operator, its associated companies and/or its agents and its Fantasy Pixels Studio LTD. business partners shall be liable for damages only in accordance with the relevant statutory provisions.
3. 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 account 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.
4. The Operator assumes no liability for any loss or damage due to circumstances beyond its control (e.g. acts of God).
5. 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.
6. 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 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. The Operator further warrants that the generation of random numbers is based on an internationally renowned random generator and is in no way manipulated by the Operator. Further information about the random generator is available via e-mail from our support team.
3. Revisions of the GT&C will be provided on the gaming Website /Apps 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 and sent by post, e-mail or via the Website/Apps.
5. The user will promptly notify the Operator of any changes to personal data by correcting his/her user data on the Website /Apps. In the event that the user fails to inform the Operator of any such changes and, as a result, does not receive any legally relevant declarations or statements sent from the Operator to the mailing address or e-mail address communicated previously, any such declarations or statements shall be deemed received.
6. Upon registration for or use of Website /Apps, every user acknowledges the exclusive intellectual property right of the Operator to the GT&C.
7. 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.

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