Terms of Use
The terms of use are in English. The reason for this is that we cannot force our voluntary translators to translate a legal document. If you aren't fluent in English, we urge you to find someone who is, so that they can help you read and understand it.
However, to get you started, we have summed up the most important points for you below:
- You must take measures to protect your login information. Do not write it down, do not share it with others, make sure to log out when you are playing from Internet cafés or other public places etc. In other words: be smart and cautious.
- You may not cheat, query, hack, or in any way try to manipulate the game. This includes registering multiple accounts and using them in combination to gain unfair advantages.
- You may not personally insult or attack others in those areas of the game where you can make your voice heard (in game messages, in the forum, in song lyrics etc).
- You cannot use other people's content (images, lyrics, or other intellectual property) in game without the content owner's explicit agreement.
- We cannot guarantee that the game is available all the time.
- If you fail to comply with the rules, we may ban you for a limited time or deactivate your account entirely.
With that said, please do read the terms of use in their entirety in English below.
Terms Of Use
Welcome to The Great Heist (the "Site") brought to You by Spelkultur i Sverige AB,
a company with its registered address at Box 94, 13422 Gustavsberg, Sweden
("Spelkultur"). These Terms of Use (the "Terms of Use") constitute a legal agreement
between You and Us which applies to Your use of the Site (and/or any content or
materials available through it) including the The Great Heist Game (the "Game"). By visiting
and/or using the Site and/or playing the Game You are accepting these Terms of Use
and You agree to be legally bound by these Terms of Use. In these Terms of Use "You"
and "Your" refer to you, the person visiting or using the Site or playing the Game
and "We", "Us" and "Our" refer to Spelkultur.
By playing the Game You also agree to comply with Rules of Conduct,
available here, the ("Rules
of Conduct"), which set out in more detail some of the specific rules of the Game
and how We expect players to conduct themselves while playing the Game. We reserve
the right to change the Terms of Use and/or the Rules of Conduct from time to time
at Our sole discretion and Your use of the Site or the Game will be subject to the
most current version of the Terms of Use and/or the Rules of Conduct posted on the
Site at the time of such use. In the event of a conflict between the Rules of Conduct
and the Terms of Use the Terms of Use shall prevail. We recommend that You read
through the Terms of Use and the Rules of Conduct available on the Site from time
to time so that You can be sure that You are aware of the latest version.
Ownership
- This Site and the Game are owned and operated by Spelkultur. If You need to contact
Us, please use our contact form.
Registration
- You do not need to register as a member of the Site to browse the Site. However,
You will not be able to play the Game or access all of the features of the Site
if You do not register. If You are browsing the Site and have not yet registered
as a member, Your use of the Site is still subject to these Terms of Use.
- Registration is required in order to be able to play the Game and to use the forums
and other features on the Site. You can register by entering and submitting some
personal information about yourself and creating an account on the home
page.
- As part of the registration process You will need to submit a user name and E-mail
address. We will send you a temporary password to Your provided e-mail address which
will be the username and password that You will be required to submit upon login
to the Site. These login details may be changed by You at Your own discretion at
any time while logged in to the Site.
- You may also be able to play the Game or access features of the Site directly through
a third party service, such as a social media platform. In these circumstances You
may not be required to enter your username and password as We will already
be able to verify you once You have entered your username and password and logged
into the Game directly from that particular third party service.
- Your registration and Your account is personal to You and may not be transferred
to or be used at any time by another person. It is Your responsibility to keep Your
username and password secret. We will be entitled to assume that any person logging
into the Site using Your username and password is You. You will be responsible and
liable for any actions of any person logging into the Site using Your username and
password (including, but not limited to, any User Generated Content posted by that
person). Therefore, if You suspect that anyone knows Your username and password,
You should change your login details immediately. If you are unable to login to
Your account at all, due to someone else's actions, You should notify Us immediately.
- You must be at least 18 years old to register with the Site and to play the Game. By submitting
a registration form and playing the Game You are confirming that You are over the
age of 18. If
We have reason to believe that You are under the age of 18, We may terminate Your account immediately
without warning. You agree that all registration information You submit is truthful
and accurate and that You will maintain the accuracy of such information.
- We may at any time and for any reason refuse to accept a registration from any person.
- We reserve the right to terminate any registration or account for any reason, whether
for a breach of these Terms of Use or the Rules of Conduct or otherwise at any time
in Our absolute discretion.
- We reserve the right to make any changes to the Game at any time and for any reason
in Our absolute discretion including, without limitation, removing or changing any
aspect or element in the Game at any time.
Access and use of the Site/Game
- Instructions on how to play the Game are found in the Rules of Conduct (as may be
amended from time to time). By playing the Game You agree to adhere to the Rules
of Conduct. Any breach of the Rules of Conduct may result in Your suspension from
the Game and Your account being terminated. For more details on how disciplinary
matters within the Game will be dealt with please consult the Rules of Conduct.
- You may not use the Site or play the Game in any improper or unlawful manner or
in breach of any legislation or licence that applies to You.
- Without limiting the foregoing, You agree that when using the Site (including, without
limitation, the forums) or playing the Game You will not:
- distribute or otherwise use without Our prior written consent via any medium any
part of the Site including, without limitation, any forum posts, or other content
submitted by other users of the Site or the Game.
- harass others or disclose personal information about others that could amount to
harassment;
- send spam or otherwise send unsolicited messages to other users of the Site for
commercial purposes;
- publish, post, upload, store, distribute or disseminate any unlawful, defamatory,
infringing, obscene, harmful, confidential, libellous, hateful, threatening, racist,
pornographic or otherwise illegal material or information or anything which might
constitute a criminal or civil offence;
- upload or "hotlink" files that contain software or other material which are the
intellectual property rights of any third party or which are protected by rights
of privacy or publicity of any third party without having received all necessary
consents;
- upload or "hotlink" files that contain viruses, corrupted files, or any other software
or programs that may interfere with or damage the operation of the Site or any other
computer;
- impersonate another person, other than the characters on your account;
- promote any activity that is illegal;
- use software to harvest information from the Site or the Game;
- cheat or encourage or incite others to do so whether by intentionally breaking the
Rules of Conduct or otherwise acting in a way that is contrary to the spirit of
the Game or is likely to spoil the enjoyment or game experience of other users.
- You agree that You will not create a profile or use or allow any third party to
use Your profile or login for any commercial purpose.
- You agree to comply with all reasonable instructions that We may give You regarding
Your use of the Site or the Game.
- You are responsible for obtaining (at Your own cost) all necessary equipment and
telecommunications services required to access and use the Site or play the Game.
You are responsible for ensuring that no one uses Your equipment to access the Site
or the Game without Your permission. We will be entitled to assume that anyone who
accesses the Site or the Game using Your equipment has Your permission to do so
and You will be liable for any charges or any other costs, liabilities or damages
that may be incurred by any such person.
Fees and virtual credits
- Access to and registration as a member of the Site and playing the Game is free
of charge (although You may be charged if You choose to upgrade Your status to become
a VIP or such other premium Game status or name given to such status as We may offer
from time to time or to purchase certain items within the Game as described below).
- The Game includes a virtual currency ("Credits") which may be used to purchase additional
services, features or functionality for use in the Game from time to time including
but not limited to the features or functionality which may be purchased using Credits
from time to time (the "Virtual Products").
- Credits may be purchased from Us using actual legal tender. You may only purchase
Credits if You have attained the age of majority in Your country of residence. You
must get Your parent or legal guardian to make any such purchases on Your behalf
if You have not yet attained such age which, for the avoidance of doubt, is 18 in
most countries.
- You may pay for Credits by selecting any of the payment methods advertised on Site.
We may use third party applications in order to process Your payment. By accepting
these Terms of Use You hereby also agree and consent to the terms and conditions
of use of any such third party payment application.
- When providing any credit card or other payment information to Us or any third party
application on Our behalf, You represent to Us that You are the authorised user
of the credit card or other payment method. You must ensure that any payment information
You provide to Us is current, complete, and accurate. Failure to provide Us with
such information may result in additional charges to You and/or You not receiving
the Credits which You have attempted to purchase.
- You are responsible for all charges incurred via Your account including, but not
limited to, all applicable taxes and purchases made by You or anyone that uses Your
account with or without Your permission.
- Upon Your purchase of any Credits from Us, You shall be entitled to use the Credits
to buy Virtual Products within the Game. You shall not acquire any rights or title
in or to any such Credits or Virtual Products, other than the right to use the Credits
to buy Virtual Products and the right to use the Virtual Products as part of game-play
within the Game.
- After You have purchased and received them, Credits and/or Virtual Products may
not be redeemed, transferred or otherwise exchanged (except where explicitly authorised
by Us in accordance with these Terms of Use) for any legal tender or any goods or
items of monetary value from Us or any other person.
- Generally, You will not be entitled to any refund of sums paid by You for Credits
(whether such Credits have been used or are un-used) including if We decide to terminate
Your membership where You are in breach of these Terms of Use or the Rules of Conduct
or if We choose to discontinue the Game. However, We may upon request (and at Our
discretion) make a refund of sums paid by You for Credits if We decide to terminate
Your membership for reasons other than breach by You or discontinuation of the Game.
Any such refund will be made by any reasonable means that We choose which may include
the same method originally used by You to pay for the Credits.
VIP
- Although playing the Game in the standard way (without upgrading) is free of charge,
You can choose to upgrade Your Game status to that of 'VIP' for a charge (the "Subscription
Fee") on a subscription basis in order to receive additional in Game experience.
For more information on the benefits of becoming a VIP and how to subscribe to this
service (including the options in relation to (i) the cost of upgrading; and (ii)
the term of the subscription), please see the VIP page in the
Site Shop.
- Your Subscription Fee will depend on the length of time for which You are choosing
to receive the benefits of being a VIP for (the "Subscription Period") and must
be paid in advance for the relevant Subscription Period. We currently offer Subscription
Periods of 3 and 12 months but We reserve the right to change the number and length
of Subscription Periods available at any time and without notice.
- Payment of Your Subscription Fee can be made by a number of different payment methods
as advertised on Our Site or by any of Our third party partners who are authorised
to take payment for VIP
- Subject to clause 5.3 above, once You have submitted a request to become a VIP and
have started to receive the benefits of being a VIP You will not be entitled to
a refund for the Subscription Fee for the relevant Subscription Period in which
You have started to receive such benefits.
- In addition to the payment options described above We also offer a number of alternative
payment options including, without limitation, by text or other mobile payment mechanisms
or by cash or other payment taken by Our third party partners such as in internet
cafes and shops.
- Further, from time to time it may be possible to earn reward points by
taking part in certain activities. It may be possible to exchange such
reward points for either Credits or a VIP Subscription but this will depend on the
number of reward points that You have earned and any special conditions
or other limitations in relation to reward points which have been advertised
on Our Site. For more information about how to earn reward points and when
they can be exchanged for Credits or a VIP Subscription please refer to Our Site.
- Further, from time to time it may be possible to earn reward points within
the game by making progress in the game, inviting new users, showing loyalty etc.
- We may also offer a free trial Subscription Period for a limited period of time,
or similar special offers, the details of which will be communicated to You on Our
Site from time to time. Special additional terms may apply to those special offers.
- If Your account remains inactive for a long period of time We may deactivate Your
account by retiring your character(s), and any VIP subscription benefits will be
lost and not refunded if Your account is so deactivated. We will notify You to the
e-mail address you have associated with your user account, and give You a reasonable
amount of time to log into Your account before deactivating Your account in this
way so You will only risk losing these benefits if Your account remains inactive
for an extended period.
- Deactivated accounts may be reactivated again. This can be done by You, at Your
own discretion, at a minimum of one week passing the deactivation. Upon reactivation
you may return to the Game with previously used characters, but cannot claim any
previously obtained possessions (e.g. items, vehicles, locales) within the Game.
Merchandise
- The Site may provide You with the opportunity to purchase other items such as
clothing and merchandise from time to time. Specific terms of purchase may apply
to these items, as may be communicated to You at the time You purchase the items.
- Such merchandise or any other e-commercial facility that may be provided through
the Site from time to time may be made available by a third party and will be subject
to that third party provider’s terms of use, which will be communicated to You when
You place the order. Where this is the case the third party e-commerce provider
will be responsible for the fulfilment of Your order. We cannot accept any liability
for any failure by a third party e-commerce Provider to fulfil any order or for
any defect in any item(s) supplied to You by them.
User Generated Content
- In these Terms of Use:
- "Intellectual Property Rights" means patents, registered and unregistered trade
marks and service marks, domain names, registered designs and design rights, copyright
(including such rights in computer software and databases), database rights, moral
rights, any rights of privacy or confidentiality (in each case for the full period
thereof and extensions, revivals and renewals thereof), applications for the foregoing
and the right to apply for any of the foregoing anywhere in the world, and all similar
rights anywhere in the world including those subsisting in inventions, designs,
drawings and computer programs.
- "User Generated Content" means any information, text, image, photo, audio, video,
works of authorship or other materials which are owned and/or created by You and
which are uploaded, posted, published, displayed, transmitted, shared or otherwise
made available on the Site by You including without limitation as part of the Game
and on any forums.
- From time to time the Site and/or the Game may include functionality to enable You
to contribute User Generated Content. However:
- You must not submit any confidential, defamatory, offensive, infringing, obscene,
indecent or otherwise unlawful or objectionable material or information nor use
the Site for any chain letters, junk mail, ‘spamming’ material or any other form
of bulk communication;
- You must not submit any content or material the Intellectual Property Rights in
which are owned by any third party without their permission to do so;
- You must not submit any material which is prohibited by the Data Protection Act
1998 or any other applicable data protection or privacy legislation; and
- You may only submit material to the Site which either You own or which You have
the permission of the owner of that material to submit.
- We may, without notice, remove any User Generated Content submitted by You to any
element of the Site or any other User Generated Content that in Our sole judgment
violates these Terms of Use or may be offensive or illegal or may violate the rights,
harm or threaten the safety of any person.
- We advise You to be selective about what information You post on any public sections
of the Site or that You provide to other users. Do not post the following information:
telephone numbers, addresses, date of birth etc… If other members of the Site have
posted material which is inaccurate, inappropriate, offensive (or does not comply
with any of the provisions of these Terms of Use) We shall assume no responsibility
or liability for such material.
- You are responsible for Your relationship with other members of the Site. However,
We reserve the right, but are not obliged, to monitor disputes between You and other
members.
- You acknowledge that We do not actively monitor the content of any forum page, but
if We are informed or if We suspect that any material contained on any forum page
infringes the Intellectual Property Rights or other proprietary rights of any third
person or is otherwise unlawful, then We shall have the right to immediately remove
such material from the Site. We also reserve the right to remove any material submitted
by You which We consider, in Our absolute discretion, to be offensive, insulting,
defamatory, obscene, indecent, objectionable or otherwise inappropriate or which
is posted in breach of these Terms of Use.
- You agree that You shall indemnify Us against any loss, liability, claim, damage
or expense incurred by Us arising out of any breach by You of this clause 7.
Intellectual Property
- Subject to clause 8.6, We do not claim any ownership of any Intellectual Property
Rights in any User Generated Content. After posting any User Generated Content,
You retain all rights of ownership which You have subsisting in it and You may use
the User Generated Content in any way You choose (provided it does not breach any
of these Terms of Use).
- By submitting or uploading any User Generated Content to the Site You automatically
grant Us the irrevocable, royalty-free and perpetual right to publish, display,
publicly perform, communicate to the public, reproduce, make copies of, modify,
manage, distribute, exploit, use and store such User Generated Content as part of
the Site or the Game or as part of any materials used to promote or advertise the
Site or Game in any way whatsoever anywhere in the world. You are free to use Your
User Generated Content outside of the Site or Game in any way You choose and in
turn We shall not distribute or sell any of Your User Generated Content outside
of the Site or the Game.
- By submitting or uploading any User Generated Content to the Site You are confirming
that to the fullest extent permitted by law You are waiving any moral rights You
may have in any User Generated Content or that You have procured the original author
has done the same (including without limitation the right to be identified as author
of a work, the right to object to derogatory treatment of a work, any rights of
attribution or any rights to privacy in photographs or films).
- We will not be under any obligation whatsoever to pay You for any of the User Generated
Content on the Site or in the Game.
- You warrant that:
- You either own the Intellectual Property Rights in and to all User Generated Content
that You submit to the Site or You are otherwise entitled to submit such User Generated
Content to the Site by virtue of having the permission of the owner of the Intellectual
Property Rights in the same;
- You have obtained the permission from all relevant persons and secured any relevant
waivers from such persons (including without limitation the author or any person
appearing in such User Generated Content) before You submit any User Generated Content
to the Site; and
- Our use of any User Generated Content You submit to the Site in accordance with
these Terms of Use shall not infringe the Intellectual Property Rights, rights of
privacy, moral rights or any other rights of any third parties.
- All Intellectual Property Rights in and to the Site and the Game and all content
and materials contained therein are owned by and shall remain owned by Us or Our
licensors. You may view, download and print any content, materials and information
made available to You through the Site subject to the following conditions:
- the content, material and information may only be used for Your personal and non-commercial
purposes;
- save as expressly permitted in these Terms of Use the content, material and information
shall not be reproduced or included in any other work or publication in any medium;
- the content, material and information may not be modified, decompiled, reverse engineered,
disassembled or altered in any way;
- the content, material and information may not be distributed or sold to any third
party;
- You may not remove any copyright or other proprietary notices contained in the content
material or information.
- These Terms of Use are not intended to prevent You recording in manual form any
individual item of information, or disclosing any individual item of information,
free of charge, to friends or relations for non-commercial purposes provided that
You take all reasonable steps to ensure that any person to whom You may disclose
that information complies with these Terms of Use.
- You agree that You shall indemnify Us against any loss, liability, claim, damage
or expense incurred by Us arising out of any breach by You of this clause 8.
Other websites
- Our Site may contain links to other websites that are owned by Us and/or links to
third party websites that are not under Our control. We make no warranties or representations
whatsoever about any other websites which You may access through the Site or any
services that are provided by any such third party websites. Third party websites
are in no way approved, vetted, checked or endorsed by Us and You agree that We
shall not be responsible or in any way liable for the content, accuracy, compliance
with relevant laws or accessibility of any information, data, advice or statements
or for the quality of any products or services available on such websites. Links
do not necessarily imply that We are or Our Site is affiliated to or associated
with such third party websites. If You decide to visit any other website, You do
so at Your own risk. In addition, use of any other website may be subject to Your
acceptance of additional terms and conditions, which We suggest You read carefully
before proceeding.
- From time to time an e-commerce facility may be made available by a third party
operator via the Site and any e-commerce facility will be subject to its terms of
use provided by the third party operator to You at the e-commerce facility. The
e-commerce operator will be responsible for the fulfilment of Your order and all
questions, comments and complaints about any such order should be made to the e-commerce
operator. We cannot accept any liability for any failure by an e-commerce operator
to fulfil any order or for any defect in any item(s) supplied to You by them.
Monitoring of third party content; notice and take-down
- You acknowledge that We do not actively monitor any third party content or content
appearing on the Site which derives from a third party website and We shall not
be responsible or liable for any such content including, without limitation, any
third party content:
- which is defamatory, discriminatory, obscene, offensive, confidential or
otherwise unlawful; and/or
- in which the Intellectual Property Rights are owned by a third party and
such third party has not provided its consent to use such content in the manner
it has been used; and/or
- which is prohibited by the Data Protection Act 1998 or any other applicable
data protection laws.
- If We are informed or if We suspect that any material on the Site infringes the
Intellectual Property Rights or other proprietary rights of any third person or
is otherwise unlawful, then We reserve the right to remove such material from the
Site. We also reserve the right to remove any material that We consider to be offensive,
insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate.
If You have any concerns or queries about material which appears on Our Site (including
if You believe that any content displayed on the Website has violated Your Intellectual
Property Rights) please use our
contact form.
Competitions and prize draws
- From time to time it may be possible to enter competitions or prize draws through
the Site. There may be additional terms and conditions applicable to those competitions
or prize draws. Where additional terms apply You will be notified of that fact and
given an opportunity to read those terms and conditions before You enter the competition
or the prize draw.
Disclaimers
- The Site and all materials and information provided through it including the Game
are provided on an "as is" basis without any representations, guarantees or warranties
of any kind (including, but not limited to, any warranty of quality or fitness for
a particular purpose or non-infringement) which are excluded to the fullest amount
permissible by law.
- You acknowledge that We cannot guarantee the accuracy, completeness, currency or
reliability of any content, materials or information provided through the Site including
that the Game or the Site will be uninterrupted or error free and You accept that
We shall not be liable to You in any way for any loss suffered by You as a result
of any technical difficulties with the Site or the Game including any loss to or
corruption of any data.
- Without limiting the foregoing, We cannot guarantee and do not promise that the
Site and all materials and information provided through it will meet Your requirements.
Therefore We advise You to check any materials or information provided to You through
the Site as any reliance that You place on the accuracy, completeness, currency
or reliability of that information is at Your own risk.
Limitation of liability
- Nothing in these Terms of Use limits or excludes Our liability for: (a) death or
personal injury caused by Our negligence; (b) any loss suffered by You as a result
of Your reliance on any fraudulent misrepresentation made by Us to You; or (c) any
other liability which may not by law be limited or excluded.
- Subject to clause 13.1, You agree that We shall not be liable for: (a) any direct
loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive,
special, incidental or consequential damages of any kind (including but not limited
to lost savings or loss or corruption of data); or (c) any loss of profit (whether
direct or indirect), in each case whether based in contract, tort (including negligence),
strict liability, or otherwise, which arises out of or is in any way connected with
(i) any use of the Game, this Site or its contents or any competitions or prize
draws which are entered via the Site (ii) any failure or delay in the use of any
component of the Game, the Site or any service including, without limitation, any
unavailability of the Game, the Site or the services irrespective of duration of
any period of unavailability; or (iii) any use of or reliance upon any information,
material, software, products, services and related graphics obtained through the
Game or the Site, in all cases even if We have been forewarned of the possibility
of such loss or damage.
- Without limiting the effect of clause 13.2, due to the inherent risks of using the
internet, We cannot be liable for any damage to, or viruses that may infect, Your
computer equipment or any other property when playing the Game or using or browsing
the Site. The downloading or other acquisition of any materials or information through
the Game or the Site is done at Your own discretion and risk and with Your agreement
that You will be solely responsible for any damage to Your computer system or loss
of data that results from the downloading or acquisition of any such materials.
- You agree to indemnify Us against any claims or legal proceedings that may arise
through Your use of the Game or the Site or from any breach of these Terms of Use
by You.
- We will notify You of any such claims or proceedings and keep You informed as to
the progress of such claims or proceedings.
Termination
- We may remove the Site or cease the provision of any of the services including,
without limitation, the Game, or terminate Your membership of the Site at any time
in Our sole discretion for any reason whatsoever.
- Termination of Your membership, howsoever caused, shall not affect the accrued rights
and liabilities of either You or Us as at the time of such termination.
Data protection and privacy
- We will only use any personal information that We may collect about You in accordance
with Our privacy policy. Click here to view Our
privacy policy. This policy
forms an essential part of these Terms of Use and it is important that You read
it. By accepting these Terms of Use and/or browsing the Site and playing the Game
You also accept and consent to Our privacy policy.
General
- Any failure or delay by Us to enforce any of Our rights under these Terms of Use
is not to be taken as or deemed to be a waiver of that or any other right unless
We acknowledge and agree to such a waiver in writing.
- These Terms of Use are not intended to be for the benefit of, and shall not be exercisable
by, any person who is not a party to these Terms of Use under the Contracts (Rights
of Third Parties) Act 1999 or otherwise.
- If any clause or part of a clause of these Terms of Use is, or becomes, invalid,
illegal or unenforceable, the remainder of these Terms of Use shall remain valid
and enforceable.
- These Terms of Use and Our privacy policy set out the full extent of Our obligations
and liabilities concerning the services We provide via the Site or the Game and
replace any previous agreements and understandings between Us and You.
- Subject to clause 13.1, You shall have no remedy in respect of any untrue statement
made to You upon which You relied in entering into these Terms of Use other than
any remedy You may have for breach of the express terms of these Terms of Use.
- The Agreement and any dispute or claim arising out of or in connection with them
shall be governed by and construed in accordance with Swedish law and the parties
irrevocably agree to submit to the exclusive jurisdiction of the Swedish courts.