Terms & Conditions

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TERMS & CONDITIONS

2018.06.14

USER TERMS AND CONDITIONS

The App and the Services, as defined below, are provided to You by Crossed Swords Studio Ltd. a company registered in UK with registration no. 11392644 (the “Company” or “We”).

These terms are between Company and You, when using the App and Services.

Please read these terms and conditions (“T&Cs”) carefully before creating an account or participating in activities or otherwise using Company’s services (the “Services”) at the smartphone application “Treasure Hunt Go” (referred to as the “App”). By creating an account in the App and by using the Services, You agree to strictly adhere to the T&Cs.

Company has the right to revise and amend the T&Cs from time to time. In the event of any changes to the T&Cs, Company will notify You by e-mail 30 days in advance. By continuing to use the Services after such notification period, You agree to be bound by the revised or amended T&Cs. If You don’t agree to the changes to the T&Cs, You must stop using the Services.

  1. Acceptance of the T&Cs.
    1. By using the Services, You confirm having read, understood and accepted the T&Cs. You further undertake to carefully read any and all future revisions of or amendments to the T&Cs and not use the Services unless You have read, understood and accepted such revised or amended T&Cs.
  2. Account and personal data.
    1. In order to use the Services, You need an account on the App. Company creates it on Your behalf once You have accepted the T&Cs. You acknowledge that all personal data provided by You to Company is true and correct and that, when necessary, You will update Your personal data on the App, so that it at all times remains true and correct.
  3. Log-in data.
    1. You are solely responsible for maintaining the confidentiality of Your log-in information and Company shall have no responsibility for any unauthorized use of Your account.
  4. Company’s provision of the Services.
    1. Company may at its own discretion and at any time alter, modify, correct, amend and make all other changes to the App and the Services.
  5. Your use of the Services.
    1. You agree to use the Services only via Your own account for the App and only on a single device at any one time. You undertake not to use the App and the Services for other purposes than for the purposes which Company has indicated that the App and the Services are intended for. You agree to use the Service with decency with regard to ethics and moral.
  6. You agree
    1. You agree to abide by all applicable laws and regulations when using the App and the Services, for examples privacy laws protecting the personal integrity of individuals e.g. in connection with the publishing of photographs. You ensure that the information, text and other content, provided by You on the App and while using the Services is true and correct and that it is neither infringing, fraudulent, defamatory, libelous, inciting to hatred, violence nor comprises other unlawful behavior, harassing, threatening, assaulting, racist, sexist, pornographic, invasive of other people’s privacy or otherwise is deemed inappropriate. Further, You undertake not to provide the App or the Service with information that contains any sort of software virus or anything that will have any negative impact on any type of software, hardware or telecommunication equipment. You also acknowledge that the aforementioned is only an exemplification of violations of the T&Cs and that the fact that a use of the App or the Services is not explicitly prohibited does not mean that it is permissible. You acknowledge that the use of the App and the Services is completely at Your own risk and that You will be solely responsible for all damage and loss that You may incur by Your use of the App and the Services. All information provided by You while using the App and the Services is Your sole responsibility. You should contact Company if You have any hesitance regarding content to be posted.
  7. Unavailability of the Services and loss of data.
    1. Neither Company nor its subcontractors are liable for any unavailability of the Services, or accidental deletion or deletion in accordance with the T&Cs of data/information, uploaded content by You or other users.
  8. Misconduct by You.
    1. Any misconduct when using the Services is forbidden. Such behaviour is deemed as a violation of these T&Cs, whenever, but not exclusively, if You:
      1. intentionally provides inaccurate or incomplete information;
      2. using multiple devices at the same time;
      3. attempts to manipulate the result of the Services through concerted practices, alterations of the program or in any other undue way;
      4. deliberately cause malfunctions or defects of the App or website, if applicable, in order to undermine the natural flow of the Services;
      5. sets up more than one account per person;
      6. or any other regulations set out in these T&Cs is violated.

      This list of misconduct is not exhaustive.

    2. You will not decompile or attempt to decompile the software of the App or develop software that interferes with the Client-Server-Communication software used on its website.
    3. The use of any software program which facilitates artificial intelligence is strictly prohibited. Prohibited software may include software which We believes allows player to cheat or gives one player an unjust advantage while using the Services, including GPS-spoofing software. We reserve the right to take action in order to detect and prevent the use of such software by You. Should We identify or suspect for good reason the use of prohibited programs or any form of misconduct or other form of cheating while using the Services, We reserve the right to freeze Your account for a period of at least six (6) months, to confiscate any funds in that account and/or to suspend You from using the Services. Should such misconduct be detected after a reward or prize has been distributed, We also reserve the right to take legal actions in accordance with applicable local laws and regulations.
  9. Age restrictions
    1. If You want to register an account and use the Services You need to be over 13 years of age and have seeked the necessary persmissions from guardians (if applicable). We will not, under no circumstances, pay our any prices to a participant under the age of 18.
    2. If You want to participate in the part of the Services that can render real money prizes You need to be over 18 years of age and of legal capacity to register with the Services and open an account and if You are 18 or over, You are also elegible for prices won by using the Services.
    3. We reserve the right to ask for proof of age and identification from any player and to suspend their account and/or withhold distribution of real money prizes, unless and until satisfactory documentation is provided.
  10. Safe Play
    1. During game play, please be aware of Your surroundings and play safely. You agree that Your use of the App and play of the game is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and You agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, You agree that in conjunction with Your use of the App You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
    2. To the extent permitted by applicable law, Company, disclaim all liability related to any property damage, personal injury, or death that may occur during Your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or Your alleged negligence or other tort liability. Further, in the event that You have a dispute with one or more other users of the App, You release Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  11. Rights in App.
    1. Subject to Your compliance with these Terms, Company grants You a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for Your own personal, noncommercial purposes. Except as expressly permitted in these Terms, You may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Company reserves all rights in and to the App not expressly granted to You under these Terms.
  12. Additional Terms for App Store Apps
    1. If You accessed or downloaded the App from the Apple Store, then You agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
    2. If You accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then You acknowledge and agree that:
    3. These Terms are concluded between You and Company, and not with App Provider, and that, as between us and the App Provider, Company is solely responsible for the App.
    4. App Provider has no obligation to furnish any maintenance and support services with respect to the App.
    5. In the event of any failure of the App to conform to any applicable warranty, You may notify App Provider, and App Provider will refund the purchase price for the App to You (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Company.
    6. App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    7. In the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Company will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
    8. App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to Your license of the App, and that, upon Your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You as a third-party beneficiary thereof.
  13. Content and Content Rights.
    1. For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that Account holders (including You) provide to be made available through the Services. Content includes without limitation User Content. Subject to Your compliance with these Terms, Companny grants You a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with Your permitted use of the Services.
  14. Content Ownership.
    1. Company does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that You may have to use and exploit Your User Content. Subject to the foregoing, Company exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
  15. Rights Granted by You.
    1. By making any User Content available through Services, You grant to Company a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute Your User Content in connection with operating and providing the Services and Content to You and to other Account holders.
  16. You are solely responsible for all Your User Content.
    1. You represent and warrant that You own all Your User Content, or You have all rights that are necessary to grant us the license rights in Your User Content under these Terms. You also represent and warrant that neither Your User Content, nor Your use and provision of Your User Content to be made available through the Services, nor any use of Your User Content by Company on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Company may reject any submissions in which Company believes, in its sole discretion, that the User Content is inappropriate or violates these Terms. Company further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
  17. Virtual Money and Virtual Goods.
    1. The App permits the purchase of virtual currency (“Virtual Money”) and use of that Virtual Money to purchase virtual items or services that we expressly make available for use in the App (“Virtual Goods”). The purchase of Virtual Money and Virtual Goods is limited to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s Accounts for unexpected activity, including the purchase of Virtual Money or Virtual Goods.
  18. Purchases of Virtual Money and Virtual Goods.
    1. Virtual Money is a category of Content, so the purchase of Virtual Money grants You only a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods in conjunction with Your personal, noncommercial use of the Services. You acknowledge that You do not acquire any ownership rights in or to the Virtual Money, Virtual Goods, or other Content; any balance of Virtual Goods or Virtual Money does not reflect any stored value. You agree that Virtual Money and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You also agree that You will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once You acquire a license to Virtual Money or Virtual Goods, You may not trade or transfer the Virtual Money or Virtual Goods to another individual or account, unless such functionality is provided to You by us by way of a feature or service, whether inside the App or through some other method (e.g., our website). We may cancel any Virtual Money or Virtual Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of Your Account.
  19. During the term of Your license to Your Virtual Money
    1. You have the right to redeem Your Virtual Money for selected Virtual Goods. If You are the Parent and You are accepting these Terms on behalf of Your child, You accept and acknowledge that Your child has Your consent to exercise this right independently. Pricing and availability of Virtual Money and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Money and Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to You of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.
  20. Purchases by end users.
    1. Virtual Money and Virtual Goods may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If You live in the European Union, You have certain rights to withdraw from online purchases. However, please note that once You download Virtual Money from us, Your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) You lose Your right of withdrawal once Your purchase is complete. If You live in the European Union, we will provide You with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to You.
  21. Effect of Termination on Trading Items, Virtual Money, and Virtual Goods.
    1. We may cancel, suspend, or terminate Your Account and Your access to Your Trading Items, Virtual Money, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including if (a) Your Account is inactive (i.e., not used or logged into) for one year; (b) You fail to comply with these Terms; (c ) we suspect fraud or misuse by You of Trading Items, Virtual Money, Virtual Goods, or other Content; (d) we suspect any other unlawful activity associated with Your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or the reputation of the Company. We have no obligation or responsibility to, and will not reimburse or refund, You for any Trading Items, Virtual Money, or Virtual Goods lost due to such cancellation, suspension, or termination. You acknowledge that Company is not required to provide a refund for any reason, and that You will not receive money or other compensation for unused Virtual Money and Virtual Goods when Your Account is closed, whether such closure was voluntary or involuntary.
  22. We have the right to offer
    1. We have the right to offer, modify, eliminate, and/or terminate Trading Items, Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to You. If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 60 days’ advance notice to You by posting a notice on the Site or App or through other communications.
  23. Consent to the processing
    1. Consent to the processing of Your personal data and the use of cookies. By accepting the T&Cs, You consent to Company’s use of Your personal data as described in these T&Cs, as well as to Company’s use of cookies. Company will use Your personal data and apply cookies for the purposes described below. If You do not accept the T&Cs, You may not use the Services. In this aspect please also see our Privacy Policy.
  24. Collection of personal data.
    1. The collection of personal data takes place when You provides Company with personal data. You provide Company with Your personal data when You accept the T&Cs and the account at the site is created. Company also collects Your personal data during Your use of the Services. The personal data includes:
      • Your name
      • Your e-mail address
      • Your login and password information
      • Your country of residence
      • Your age

      In the event that you win real money prize, we will need to collect additional data including bank account details and proof of identity

  25. Processing of personal data.
    1. Company collects personal data for the purpose of being able to communicate with You and in order to facilitate the contact between users of the App. Company also collects Your personal data for the purpose of improving the quality of the Services. Company uses Your personal data in order to send e-mails to You containing information on activities that You are connected to. Company also stores Your personal data on its data base for the purpose of rewarding virtual medals to You and to rank You in leaderboards on the App. Should You be the winner of a price after using the Services You give the company a right to use your name in the App or the website of the Company and/or social media accounts owned by the Company when showing the winners after a gaming round.
  26. Subcontractors.
    1. Company uses a third party provider for hosting of the App and Services, currently Space2U, which is a provider located in Kramfors, Sweden. Company is the personal data controller and Space2U is its personal data processor. Company has entered into necessary agreements with Space2U in order to abide by the Swedish Personal Data Act when handling Your personal data.
  27. Cookies and how to remove them.
    1. As many others, the Company uses cookie technology to make the App and Services easier to use. A cookie is a small data file that is transferred to Your computer’s hard disk when You visit the App or uses the Services. Company only uses session cookies, for the sole purpose of facilitating the use of the App. You can deny the website the possibility to store Your cookies. In order to deny cookies, You edit Your browser settings. In the browser settings, You can also remove cookies which are already placed on Your hard disk. Please note that the result of denying cookies will be that You experience decreased functionality when using the App.
  28. Security.
    1. Company takes adequate technical and organizational security measures to help secure that Your personal data is not misused, lost or unlawfully accessed. Your personal data will at all times be handled in accordance with the requirements of the General Data Protection Regulation (GDPR) (EU) 2016/679.
  29. Accuracy of the personal data.
    1. Company takes all reasonable steps to ensure that Your personal data is correct and up-to-date. If You believe that Your personal data stored by Company is incorrect, You should notify Company and provide it with correct data in order for Company to rectify and update Your personal data. You can also correct and update the personal data provided by You directly on the App.
  30. Right to obtain information.
    1. Once per calendar year, You are entitled to obtain information about Your personal data stored and handled by Company at no cost. The request must be in writing and addressed to Company, at the address below, and it must be signed by You.
  31. Withdrawal of approval.
    1. You always have the right to withdraw Your approval to Company’s processing of Your personal data. In such case, the effect may be that You may no longer use the Services. Company will then stop processing Your personal data and may delete Your account. You can also delete Your account directly on the App.
  32. Contact details.
    1. If You have any inquiries regarding Company’s processing of Your personal data or use of cookies, please contact:
      Crossed Swords Studio Ltd., reg. no. 11392644, trading as Loot Masters Studio Ltd.
      LABS Holborn, 136 High Holborn
      Hogarth House
      WC1V 2PX
      London, UK