General Terms And Conditions
These Terms and Conditions (“T&Cs” or “Agreement”) constitute and govern the contractual relationship between the parties, AE International and/or Awesome Entertainment International.
These Generals Terms and Conditions, the Promotional Terms and Conditions and the Privacy Policy of the Company collectively constitute a binding agreement between the
Player and the Company. The Player hereby acknowledges and accepts the exclusive validity of such Terms and Conditions. Should the contents of the General Terms and
Conditions vary in other languages to the English version, and provided that all versions reflect the same principles, the English version shall prevail in any event.
This also applies to the rules of the game, any texts on the website as well as any information concerning the afiliate program.
Definitions;
Company: The term “Company” shall mean and refer to the websites www.funfishinggame.com including any subdomains and/or the website www.skillfishgames.com including
any subdomains.
Player: Any person and who takes part in remote gaming as defined in this agreement.
Agreement: The rules and terms of conduct contained in these Terms and conditions, the Promotional Terms and Conditions and the Privacy Policy
- Applicability
1.1 This agreement supersedes all previous arrangements and undertakings between the Company and the Player and represents the entire agreement between the Parties
1.2 The terms and conditions apply to the services and content on Company, content sent to or uploaded (e.g. picture uploads, document uploads) to company by Players
per e-mail, chat messages and SMS.
1.3 In the event that any of the terms, conditions and provisions contained in this agreement are determined to be invalid, unlawful or unenforceable to any extent, by
any competent authority, such terms, conditions and/or provisions shall to that extent be severed from the remaining terms, conditions and provisions which shall
continue to be valid to the fullest extent permitted by law.
1.4 Company is available in a desktop and in a mobile version. The mobile version of Company may be accessed through a mobile device, while the desktop version may be
accessed through a desktop computer. The Terms and Conditions are applicable to all users of Company, whether through a desktop computer, a mobile device and/or any
other hardware and software.
1.5 The Player confirms that he/she is at least 18 years of age and that he/she accepts and acknowledges the Terms and Conditions. Such confirmation and acceptance
occurs by pressing the “register” button and completing the registration process on Company and by participating in Company’s skill arcade game by pressing the “play
now” button.
- Applicable law
2.1 Irrespective of where the Player resides, all legal relations between Company and the Player, the validity and termination of such relationship, as well as any
dispute arising therefrom are exclusively governed by the laws of China. Proper venue is the county of China.
2.2 Player will be notified in advance to changes to the Terms and Conditions. To maintain his account Player must acknowledge the changes.
- Conditions of participation
3.1 To open a Player account and to participate in the games offered on Company, the Player has to accurately complete the registration process providing all the
requested information correctly and entirely. Upon registration each player will use their own e-mail address (hereinafter “username”). The username then can be used
to log into the website using a computer and/or a mobile device. There is no legal claim to register and participate in the games offered on Company.
3.2 The Player must keep the player account details up to date and can do so under the “My Account” tab or by sending an email info@skillfishgames.com
3.3 The Player warrants and represents at all times, not to:
be restricted by limited legal capacity
be acting on behalf of another party
be classified as a compulsive gambler
deposit monies originating from criminal, illegal and/or un-authorized activities
deposit monies using credit card, which he/she is not authorized to dispose of such credit card and/or the corresponding bank account
participate in games and/or deposit monies for such games in case the games provided by Company are not allowed under the relevant jurisdiction
of the player’s home country or home state
deposit monies into an account for any other reason than participating in games offered by Company, especially but not limited to illegal or
criminal reasons (e.g. Money laundering)
- Misconduct
4.1 Any misconduct in using the services of Company is interdicted. Especially, but not limited to the following acts shall be deemed as misconduct:
Players deliberately providing inaccurate or misleading information;
Players attempting to manipulate the results of games by concerted practices or in any other way;
Players deliberately causing or exploiting website malfunctions or defects in order to undermine the natural flow of the game;
Registered players opening another account;
Players violating any other regulation set out in these Terms and Conditions
4.2 Player shall not decompile or attempt to decompile the software on the website or develop software that interferes with the client-server-communication software
used on the website
4.3 It is strictly prohibited to use any software which facilitates artificial intelligence. Prohibited software may include software or any other program which the
company believes allows a player to cheat or gives a player an unjust advantage. Company may take action in order to detect and prevent the use by players of such
software, including reading the list of currently running programs on a player’s computer where possible or profiling the player’s behavior for the purposes of
investigation. If Company successfully identifies the use of prohibited programs, Company reserves the right to freeze the offending player’s account for a period of at
least six (6) months; to confiscate any funds in that account; and/or suspend the player from using the services of Company and any of its websites.
- Player protection
5.1 Loss limit
The player can limit his/her loss by choosing a limit amount per month, week or day. The limit set by the player will be in effect until the player decides otherwise.
5.2 Deposit limit
The player can limit his/her account deposits by choosing a monthly, weekly or daily deposit limit. The limit set by the player will be in effect until the player
decides otherwise.
5.3 Self-exclusion
The player can exclude himself of participating in any game for a definite or indefinite period of time.
5.4 Account suspension
The player may at his sole discretion decide to suspend his player account.
- Account Registration and Deregistration
6.1 By successful completion of the online registration process a player account is established. The established player account can be used for accessing the desktop
Full name
Address
City
Postcode
Country
E-mail address
Date of birth
6.2 The playername ( “username”,”nickname”) must be unique and clearly identifiable. The use of offensive, indecent or otherwise objectionable names is forbidden.
Further prohibited is the choice of nicknames which contain or allude to an internet link or account names, which allude to certain rights of the player (in
particular but not exclusively, the use of the terms “administrator”, “admin” amongst others). Company reserves the right to suspend accounts with unacceptable
nicknames.
6.3 Player shall upload a copy of an official and valid proof of identity (passport, ID, driver’s licence).
6.4 The player shall ensure that the account and player details are kept up to date. The player can do this by simplying e-mailing a request to info@skillfishgames.com.
- Inactive accounts and deletion
7.1 A player account is considered inactive if no login is performed for a period of more than 12 months.
7.2 Company will send a reminder following 12 months of uninterrupted inactivity to the player via e-mail. Upon receipt of the reminder, the player has 30 days to log into his account.
7.3 A player may reactivate his/her player account at any time by logging in on the website and retains the possibility to withdraw all remaining funds.
- Deposits
8.1 Registered players can deposit cash to their player accounts by way of using the following payment methods as may be varied from time to time depending on the
jurisdiction where the player is playing from and the player’s account setting: PayPal, Google Pay.
8.2 A deposit is considered deposited at the time the deposit is irrevocably credited to Company’s account and accrued to the relevant player account. Company
undertakes checks and carries out necessary due diligence procedures upon a made deposit.
8.3 Company can, under certain circumstances, credit a player’s account with so called bonus points at companies discretion.
8.4 Players are not allowed to make deposits with funds obtained by ill-gotten means. All transactions are monitored for irregularities and to prevent money laundering
and fraud. Any suspicious account and/or money transaction may be reported to the relevant authorities.
8.5 The player account should not be used as a financial institution and/or banking facility. Deposits into a player account should only be made for the sole purpose
of using the fund in our offered games. No interest will be paid on deposited funds.
- Withdrawals
9.1 The player may request a the balance of the funds he has not played by sending an email to skillfishgames@gmail.com
- Liability
10.1 The player is required to inform Company immediately of any errors he becomes aware of.
10.2 Company and/or it’s vicarious agents are only liable for damages beyond the scope of the Product Liability Law caused deliberately or upon gross negligence.
Company is not liable for slight negligence, acts of nature beyond control, consecutive damages, treble damages, compensatory damages, pecuniary damages, lost profit,
lost data, lost interest and for damages from claims of third parties.
10.3 Company offers the software on the website “as is” with no warranties or assurances whatsoever. Company is not liable for any losses and damages that are alleged
to have been caused by any errors in the software on the website.
10.4 In all circumstances whereby Company determines a software error has been used to gain an unfair advantage. Company reserves the right to
consider this activity to be subject forfeiture and account closure as per these terms and conditions.
10.5 Company is not liable for the games and website performing without interruption, not containing any programming errors and/or identified faults being corrected or
for any resulting damages. Further, Company is not liable for any downtime, server disruptions, lagging, or technical or political disturbance to the gameplay.
Moreover Company reserves the right to cease the operation of the software on the website in order to correct any errors.
10.6 Company is not liable for damages or losses which are deemed or alleged to have arisen out of or in connection with the website, it’s content.
Including without limitations delays or interruptions in operation or transmission, loss of data, corruption of data, communication or lines of failure, any person’s
misuse of the website, the software or its content.
10.7 Company reserves the right to terminate events and/or games in the event of a system malfunction.
10.8 Company is not liable for any damages that are caused by the undue use of the account by the player of third parties.
10.9 Company is not liable for the player content or the content of advertising inserts, but reserves the right to delete content that contravenes the law or the
Gerneral Terms and Conditions when they become known and to pass on such information to the public prosecution authorities if instructed so to do.
10.10 In case of infringement of Company’s General Terms and Conditions by the player, the player shall hold Company inculpable of any claims by third parties and any
losses, costs or damages resulting thereof.
10.11 Company is not liable for the following damages or losses howsoever caused and even if foreseeable;
Economic losses, which shall include loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings
Loss of, damage to or the cost or replacement, recovery or reconstruction of the player’s or third party’s documents, tapes, records, information or
any other data on any media,
Special, indirect or consequential loss
Loss arising from any claim by a third party against the player
Damage or loss arising from the player’s failure to fulfil his/her responsibilities or any matter under the control of the player or a third party
Loss or damage arising from Company acting in accordance with the instructions of the player, agents or third parties engaged by the player.
10.12 Neither Company nor the player shall be liable for any loss or damage caused by delay of failure to fulfil its obligations under this Agreement where such delay
or failure is due to any cause beyond the control of the parties, including without limitations war, civil disorder, acts of nature (e.g. fire, flood, storm,
earthquakes), sabotage, government disorder, court orders, restrictions as a consequence of decision or view taken by any governmental body or similar, priorities or
regulations affecting materials or facilities, slowdown or interruption of work, inability to obtain necessary governmental or regulatory authority approval or to any
cause to the extent it is beyond the parties’ reasonable control.
- Privacy Policy
11.1 Company collects personal information when a player signs up on the website and opens an account, uses our services or provides us with personal information by
other means. The player acknowledges that such data shall be processed by Company.
11.2 Company adheres the Data Protection Act and the European Data Protection Directive (Directvive 95/46/EC) in processing personal player data.
11.3 When a visitor goes through the online registration process, we collect the visitors personal information. We also collect information every time the visitor
interacts with us.
11.4 By accepting this Privacy Policy Company is allowed to collect the account holder’s personal information for the following goals
Marketing and communication purposes for which the player has opted in
the provision of the gaming services
the administration, including financial administration and maintenance of the player’s account
authentication and identification
regulatory reasons
improvement of our products and services
conducting research
11.5 By opting in to receive promotional and marketing material the player agrees to the processing of the player’s personal data for marketing purposes, including
remarketing and the distribution of marketing material relating to Company, its affiliated parties or third parties, including but not limited to offers, bonus schemes,
games and other information which may deem to be of interest to you.
11.6 When you visit or use the website small files of data will be downloaded/saved on your device. These data files are called cookies. We use cookies to be able to
collect data from your browser and recognize you upon your next visit to the website. Cookies do not contain personal data. You agree the use of cookies by Company.
You may limit the storing of cookies on your device, though such limitation may have a bearing on the functionality of the website.