Terms Of Use



Terms of Use of the PhotoArcade Website

1. Your Acceptance


BY USING OR VISITING THIS WEBSITE (together with all Content available through the PhotoArcade.com domain name, including, but not limited to, our mobile applications (e.g., PhotoArcade Photo App for iOS, Android or Windows Phone) and social media and other channels (e.g., PhotoArcade’s various profiles on Facebook, Twitter, Instagram, and YouTube; and emails in response to requests for submissions) and other sites owned, operated or controlled by Golozo, LLC. dba PhotoArcade (collectively referred to herein as the "PhotoArcade Website"), OR SUBMITTING CONTENT TO THE PHOTOARCADE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE OF THE PHOTOARCADE WEBSITE (the "Terms of Use"). The Terms of Use apply to all users of the Website. If you do not agree to these Terms & and Conditions, and the Privacy Policy, then please do not use the Website.


2. The PhotoArcade Website and Third Party Websites


The Terms of Use apply to all users of the PhotoArcade Website, including users who are also contributors of photo and any image content, information, and other materials or services on the PhotoArcade Website. The PhotoArcade Website may contain links to third party websites that are not owned or controlled by Golozo, LLC. PhotoArcade (hereinafter referred to as “PhotoArcade”). PhotoArcade has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PhotoArcade will not and cannot censor or edit the content of any third-party site. By using the PhotoArcade Website, you expressly relieve and release PhotoArcade from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the PhotoArcade Website and to read the terms and conditions and privacy policy of each other website that you visit.


3. Website Access You agree to play by the rules


A. PhotoArcade hereby grants you permission and a license, and you agree to accept such permission and a license, to use the PhotoArcade Website as set forth in the Terms of Use, provided that: (i) your use of the PhotoArcade Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the PhotoArcade Website in any medium without PhotoArcade 's prior written authorization; (iii) you will not alter or modify any part of the PhotoArcade Website other than as may be reasonably necessary to use the PhotoArcade Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of the Terms of Use. This permission and license use of the PhotoArcade Website may be revoked at any time in PhotoArcade’s sole discretion.


B. In order to access some features of the PhotoArcade Website, you will have to create an account. You may never use another's account without that user’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PhotoArcade immediately of any breach of security or unauthorized use of your account. Although PhotoArcade will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PhotoArcade or others due to such unauthorized use.


C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," , "Automated voting", etc., that accesses the PhotoArcade Website in a manner that sends more request messages to the PhotoArcade Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, PhotoArcade grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PhotoArcade reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the PhotoArcade Website, nor to use the communication systems provided by the PhotoArcade Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the PhotoArcade Website with respect to their User Submissions. All website products, contests and services are void where prohibited by law.


4. Intellectual Property Rights You always maintain the rights to your uploads.


PhotoArcade does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) submit or make available for inclusion on the PhotoArcade Website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the PhotoArcade Website, and such ownership is retained by User at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the PhotoArcade Website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to PhotoArcade, as well as PhotoArcade’s Partners and Sponsors (i) the right to display the Content on the PhotoArcade Website, (ii) the right to use the Content to promote the contest(s) or the Content (iii) the right to and (iv) the right to engage in all of the acts as set forth below, as applicable.


DCMA Notification to Remove or Disable Access to Copyrighted Content PhotoArcade respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the PhotoArcade Website, please contact our designated copyright agent, in writing, either by email at: photo@arcadesoftware.io or by regular mail at Golozo LLC, 2002 Jimmy Durante Blvd suite 206, Del Mar, CA 92014, USA, Attn: Copyright Agent, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyright work claimed to have been infringed;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably

  4. to locate the material;

  5. Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;

  6. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. PhotoArcade will terminate the account of any user that is determined to be a repeat copyright infringer.


5. User Submissions Your Photos May Be Selected To Receive More Exposure!



A. PhotoArcade may now or in the future permit the submission of photographs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PhotoArcade does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant PhotoArcade, Contest Sponsors and Partners the right to display and/or to provide exposure to your photograph and/or other works anywhere including, without limitation, when your photographs or other works are selected as winners of any contest, (i) to be displayed on PhotoArcade’s Website, (ii) to be displayed and used in connection with marketing, promotion and/or advertising of PhotoArcade on PhotoArcade’s Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used photographs and images are credited to whomever the photographer is as represented by User. Any use of the images will be solely used in the context of promoting the contests’ submissions, the PhotoArcade Website, and Users in PhotoArcade’s sole discretion with no additional compensation owed to User, photographer and/or any other person or entity.


B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:

(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PhotoArcade to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by PhotoArcade on the PhotoArcade Website and the Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by PhotoArcade on the PhotoArcade Website and the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PhotoArcade, you hereby affirm, represent and warrant that you have the power and authority to, and do, grant to PhotoArcade an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to copy, store, display content to other users and visitors to the PhotoArcade Website, and to use in any way the entire contents of the User Submission and all portions and components thereof. This license grant incudes, but is not limited to, the right of PhotoArcade to use, distribute, reproduce, modify, adapt, publicly perform and publicly display all or any portion or component of the entire contents of the User Submission, including, but not limited to, for the purposes of providing and promoting the specific PhotoArcade Website or file to which such Content was submitted or made available. "Publicly accessible" areas of the PhotoArcade Website are those areas of the PhotoArcade Website that are intended by PhotoArcade to be available to the general public. By way of example, publicly accessible areas of the PhotoArcade Website would include PhotoArcade Message Boards and portions of PhotoArcade Groups, Photos and sharing that are open to members, users and visitors. However, publicly accessible areas would not include portions of the PhotoArcade Website that are limited to members, or World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by PhotoArcade.


You agree to submit only your own work.


C. In connection with User Submissions, you further agree, affirm, represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property, proprietary or other rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PhotoArcade all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PhotoArcade or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; and/or (v) impersonate another person. PhotoArcade does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PhotoArcade expressly disclaims any and all liability in connection with User Submissions. PhotoArcade does not permit copyright infringing activities and/or infringement of intellectual property rights on PhotoArcade Website, and PhotoArcade will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's copyright and/or other intellectual property rights. PhotoArcade reserves the right, in its sole discretion, to remove User Submissions and/or any other Content, and close accounts, without prior notice. PhotoArcade will also terminate a User's access to PhotoArcade’s Website, if they are determined by PhotoArcade, in PhotoArcade’s sole discretion, to be suspected of being, or actually being, an infringer and/or to have otherwise violated the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of any other person or entity. PhotoArcade also reserves the right to decide whether Content or a User Submission is appropriate and complies with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PhotoArcade may remove such User Submissions and/or terminate a User's access for uploading such material in violation of the Terms of Use at any time, without prior notice and in its sole discretion.


D. DMCA Counter-Notification to Restore Removed or Disabled Content. If you believe that your material has been removed or access thereto has been disabled by mistake or misidentification, please provide our Copyright Agent a written counter-notification with the following information:


  1. Your name, address, telephone number, and email address.

  2. A description of the material that was removed or to which access was disabled and the location on our website (a PAGE URL, or IMAGE URL for example) where it previously was available.

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

  4. A statement that you consent to jurisdiction of the Federal District Court for the judicial district where your address is found, or if your address is outside of the United States, any judicial district in which Golozo, LLC may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

  5. Your electronic or physical signature.


Please note that we will send DMCA counter-notifications we receive to the person who submitted the original DMCA notification. That person may take legal action against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within (10) business days after we provide notice of your counter-notification, we will restore the removed materials or re-enable access to the materials. DMCA Notification and Counter-Notification Warning

Any person who knowingly materially misrepresents that material or an activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. Please contact an attorney or consult 17 U.S.C. § 512(f) for more information.


E. You understand that when using the PhotoArcade Website, you will be exposed to User Submissions from a variety of sources, and that PhotoArcade is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PhotoArcade with respect to User Submissions. You agree to indemnify and hold PhotoArcade, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your User Submissions and Content, as well as your use of the PhotoArcade Website.


F. PhotoArcade may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists and any other winners will be judged on by the Judges' in their sole discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the User Submissions. User Submissions with the same total votes will be re-judged using the same criteria. All User Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a User Submission or a User is deemed ineligible, however, the User Submission will be deleted and not further considered.


6. The PhotoArcade Content on the PhotoArcade Website


Except for User Submissions, all content on and/or used by the PhotoArcade Website, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, compilations, interactive features and the like, and derivative works thereof ("PhotoArcade Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PhotoArcade, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. PhotoArcade Content and User Submissions on the PhotoArcade Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PhotoArcade and the respective owners of the User Submissions. PhotoArcade reserves all of its rights in and to the PhotoArcade Website and the PhotoArcade Content . You agree to not engage in the use, copying, or distribution of any of the PhotoArcade Content or User Submissions of third parties obtained through the PhotoArcade Website for any commercial purposes and/or any other purpose other than a purpose expressly permitted under the Terms of Use. If you download or print a copy of any of the PhotoArcade Content and/or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PhotoArcade Website or features that prevent or restrict use or copying of any of the PhotoArcade Content or enforce limitations on use of the PhotoArcade Website or the PhotoArcade Content therein. You may not harvest or collect information, including screen names, about other members or users of the PhotoArcade Website. The use of any information learned through your use of the PhotoArcade Website is limited to the express purposes set forth in these Terms of Use; all other uses not expressly permitted by the Terms of Use, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.


8. Contests, User Rewards and Payments We are South Africa based but world wide friendly


You agree that all of the following terms and conditions will apply to your participation in all photography and other types of contests on the PhotoArcade Website:


A. PhotoArcade Contests Will Comply With South African Law


All PhotoArcade Contests on the PhotoArcade Website will be conducted in accordance with the laws of the South Africa (The Consumer Protection Act, 68 of 2008). This means that all PhotoArcade Contests are real contests in which at least a majority of the participants will have failed to win, and all PhotoArcade Contests will comply with the following requirements:


  1. The nature of the PhotoArcade Contest and number of contestants will be disclosed.

  2. The exact nature and approximate value of prizes or items of value won by participants in each PhotoArcade Contest will be disclosed.

  3. The deadline for submissions to each specific PhotoArcade Contest will be disclosed.

  4. The opportunity to win a prize will not be conditioned on a minimum number of entries or contest participants.

  5. PhotoArcade will keep detailed records of each PhotoArcade Contest for at least two years after all the prizes are awarded.

  6. In addition, all PhotoArcade Contests will clearly and conspicuously disclose each of the following:

    1. All rules, regulations, terms and conditions of each PhotoArcade Contest (if there are any in addition to those disclosed in the Terms of Use herein).

    2. The maximum amount of money, including postage and handling fees, which a participant may be asked to pay to win each of the prizes offered.

    3. The date(s) upon which the contest will terminate, and upon which all prizes will be awarded.

    4. Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prize winners if a tie remains after completion of the last tie breaker.

  7. Winners are not allowed to win a prize in more than 2 contest for every 5 sequential contests.

B. Verification Of Winners And Delivery Of Prizes


The method of selection, as well as the selection, of contest winners shall be determined by PhotoArcade in its sole discretion. The PhotoArcade team, deemed as resident judges/curators or any other assigned PhotoArcade team member, can (i) select the winners of any contest, or (ii) provide a preliminary list of finalists to any guest or exterior judge/curator, or PhotoArcade Partner to select the winners, including the grand winner and runners up, of a specific contest, (iii) solicit votes from Users of the PhotoArcade Website and/or any members of the public and declare winners based upon the number of votes obtained, and/or (iv) determine contest winners in any manner not prohibited by the laws of South Africa. After judging, voting and/or any other method to select winners has finished, the potential winners will be notified in accordance with the contact information provided in their respective User Submissions by mail, courier, email or other method chosen by PhotoArcade, PhotoArcade’s Partners and/or the PhotoArcade’s Sponsors in its their discretion. PhotoArcade, any PhotoArcade Partner, or any PhotoArcade Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its their discretion, and in whatever order it they chooses. To be confirmed as a winner and to be awarded the prize, the winning User will be required to confirm its ownership of the copyright and any other applicable intellectual property and/or other rights to the User Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning User be returned as undeliverable, PhotoArcade, PhotoArcade’s Partner and/or PhotoArcade’s Sponsor will not resend the notice (whether by the same or another method), research the winning User's address nor make any further attempts at delivery. That User will be deemed to have withdrawn from the PhotoArcade Contest and given up the User’s right to receive the prize notification or the prize. In the case that winner's User’s shipping address is located in a Country or area designated by PhotoArcade, PhotoArcade’s Sponsors and/or PhotoArcade’s Partners as undeliverable, they reserve their rights to provide a cash payment sent via Paypal of equal value of to the announced prize instead of the specific announced prize.


Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. PhotoArcade, PhotoArcade’s Sponsors and/or PhotoArcade’s Partners reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in their discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of PhotoArcade, PhotoArcade’s Partner and/or PhotoArcade’s Sponsor announcement of the winners. The reward and prizes and/or any other rewards are subject to change at any time without notice in the sole discretion of PhotoArcade, PhotoArcade’s Partners and/or PhotoArcade’s Sponsors, to the extent and under the circumstances permitted by South Africa law.


C. Contest Entrant’s Release:


By entering the Contest, each User releases and holds harmless PhotoArcade, PhotoArcade’s Partners and/or PhotoArcade’s Sponsors and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.


INTERNET: User agrees to be bound by these Official Rules and the Privacy Policy. Website, Partner and Sponsor are not responsible for any typographical or other error in the submission, the printing of the offer, administration of the Contest or the announcement of the prizes. Website, Partner and Sponsor are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive User information by Website, Partner and Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of Website, Partner and Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then, subject to any governmental approval which may be required, Website, Partner and Sponsor shall have the right to modify, suspend or terminate the Contest. If technical malfunctions or suspect voting irregularities corrupt the voting process, Website, Partner and Sponsor reserves the right, in its sole discretion, to award prizes based solely on the non-suspect votes. In the event of termination, a notice will be posted on PhotoArcade.com and all eligible Submissions received prior to termination will be judged per these Official Rules. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods. DISQUALIFICATION: Website, Partner and Sponsor RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS WITH OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE JUDGING AND VOTING PROCESS, INCLUDING ANY PERSON ATTEMPTING TO SOLICIT, ENCOURAGE OR OBTAIN AUTOMATED VOTES. IN ADDITION TO THE RIGHTS RETAINED BY Website, Partner and Sponsor SET FORTH IN SECTION 11 ABOVE, SPONSOR FURTHER RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN USER TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE ENTRY SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, Website, Partner and Sponsor RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.


D. Payments from PhotoArcade to User


Payments from PhotoArcade to User will be implemented as a PayPal transfer. User must own a legitimate PayPal account in order to receive payment.


10. Purchasing a Product on the PhotoArcade Website



Users can purchase products on the PhotoArcade website using the PayPal system or a valid credit card. You do not have to be a PhotoArcade member to purchase a product. The price you pay is final and not negotiable. Orders may not be canceled after it has been submitted. It is the purchaser's responsibility to ensure the product delivery address is correct. PhotoArcade takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.


PhotoArcade reserves the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight.


PhotoArcade may also cancel an order if we believe that it is being made in infringement of these Terms of Use, or in violation of the rights of any person or any law. PhotoArcade may cancel an order even if it has been confirmed and the purchaser's credit card or PayPal account has been charged. PhotoArcade reserves this right up until the time of delivery of the product to that purchaser. If a cancellation of this nature occurs after the purchaser has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question.


Delivery will be made by FEDEX, a postal or courier service and will be paid for by the purchaser at the price indicated at time of purchase. PhotoArcade may also charge a handling fee, depending on the size of the product. If a product is delivered to a purchaser, that is physically damaged, PhotoArcade will issue a replacement copy of the product. Please email PhotoArcade customer service at photo@arcadesoftware.io within 5 business days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you at PhotoArcade's expense. Please be aware PhotoArcade is a member submission online site, we do not monitor all the content on the PhotoArcade Website. It is the purchaser’s responsibility to verify the quality of the content (including but not limited to misspelled words, formatting, quality or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.


11. WARRANTY DISCLAIMER


YOU AGREE THAT YOUR USE OF THE PHOTOARCADE WEBSITE AND PURCHASE OF ANY GOODS AND/OR SERVICES ON THE PHOTOARCADE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. PHOTOARCADE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PHOTOARCADE WEBSITE, THE PHOTOARCADE CONTENT, AND/OR USER SUBMISSIONS, AND/OR YOUR USE THEREOF. PHOTOARCADE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PURCHASE, SALE AND/OR GIFTS OF ANY GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PHOTOARCADE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S PHOTOARCADE’S CONTENT, USER SUBMISSIONS, AND/OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED THEREIN OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE PHOTOARCADE WEBSITE, THE PHOTOARCADE CONTENT, AND/OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR PHOTOARCADE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PHOTOARCADE’S WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE PHOTOARCADE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY PHOTOARCADE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PHOTOARCADE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOTOARCADE WEBSITE. PHOTOARCADE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PHOTOARCADE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHOTOARCADE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


12. LIMITATION OF LIABILITY


IN NO EVENT SHALL PHOTOARCADE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE PHOTOARCADE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE PHOTOARCADE WEBSITE, THE PHOTOARCADE CONTENT, AND/OR USER SUBMISSIONS, (III) THE SALE, PURCHASE AND/OR USE OF ANY GOODS OR SERVICES OBTAINED FROM PHOTOARCADE AND/OR THE PHOTOARCADE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR PHOTOARCADE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PHOTOARCADE’S WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE PHOTOARCADE WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY PHOTOARCADE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PHOTOARCADE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOTOARCADE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY PHOTOARCADE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTOARCADE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PHOTOARCADE WEBSITE IS CONTROLLED AND OFFERED BY PHOTOARCADE FROM ITS FACILITIES IN SOUTH AFRICA. PHOTOARCADE MAKES NO REPRESENTATIONS THAT THE PHOTOARCADE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PHOTOARCADE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.


13. Indemnity


You agree to defend, indemnify and hold harmless PhotoArcade, its parents, subsidiaries and affiliates, officers, directors, members, managers, employees and agents, for, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from and/or related to any of your acts or omissions in connection with the PhotoArcade Website, the PhotoArcade Content, the Sale, Purchase or Use of any Goods or Services, User Submissions of others and/or User Submissions submitted by you, including, but not limited to: (i) your use of and access to the PhotoArcade Website; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party, (v) the PhotoArcade Website, (vi) PhotoArcade's third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property, electronically stored information, and/or documents, (vi) any and all User Submissions, and/or (vii) any and all goods or services you sell or otherwise transfer using the PhotoArcade Website. This defense and indemnification obligation will survive the Terms of Use and your use of the PhotoArcade Website. PhotoArcade is a platform designed for storage and sharing of photographs, image files and other types of files, and users are responsible to always maintain an original copy of any submitted photograph, image file or other type of a file in case of a complete loss.


14. Ability to Accept Terms of Use/No Use For Children Under 13



You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the PhotoArcade Website is not intended for children under 13. If you are under 13 years of age, then please do not use the PhotoArcade Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.


15. Assignment



The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PhotoArcade without restriction.


16. General



You agree that: (i) the PhotoArcade Website shall be deemed solely based in South Africa; and (ii) the PhotoArcade Website shall be deemed a passive website that does not give rise to personal jurisdiction over PhotoArcade, either specific or general, in jurisdictions other than South Africa. These Terms of Use shall be governed by the internal substantive laws of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and PhotoArcade that arises in whole or in part from the PhotoArcade Website shall be decided exclusively by a court of South Africa. These Terms of Use, together with the Privacy Notice, any applicable contest rules, and any other legal notices published by PhotoArcade on the PhotoArcade Website, shall constitute the entire agreement between you and PhotoArcade concerning your use of the PhotoArcade Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PhotoArcade's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. PhotoArcade reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the PhotoArcade Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PHOTOARCADE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PHOTOARCADE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.