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Terms and conditions
Update Date: May 22, 2023
Welcome to Capture This!
Capture This is a game and social application offering games with picture challenges for Users to play with their friends. (hereinafter the “Application”).
Access to the Application and use of the Services are conditional upon acceptance of and compliance with these Terms. Therefore, by creating a User Account and using the Application you agree to comply with the obligations described in this document.
Because your privacy is of great importance for Capture This, please note that we will never sell your data nor use it in a way you are not informed of.
1 Definitions and Interpretation
In these TOU, the following terms have the following meaning:
“User Account” or “User Profile” refers to the space specific to a User on which he or she can fill in information about himself or herself, view and comment on the Pictures of other Users, and publish his or her own Pictures. The User Account is necessarily public and can be consulted by anyone.
“Parties” means Capture This and the User;
“Platform” means the online solution accessible from the Capture This application available on GooglePlay or Apple Store;
“Services” means all the features offered to the User to allow him to create, join, play Games and/or interact with Users in other ways.
“User” means any natural person using the Application and its Services.
“Game” means the daily tasks where you challenge other Users in taking pictures and voting.
“Player” means any user participating in a specific Game. Users in the same game are referred to as Players.
“Pictures” means the images taken by a Player in a Game.
2 User Account Creation
2.1 Requested Information
In order to use Capture This you must create a User Account that will be specific to you. When creating your User Account we will ask you to provide the following information:
your email ;
your firstname och nickname;
These elements are essential to use the Application Capture This.
When creating your User Account, the information provided must correspond to your own identity and must not be false or erroneous.
You also agree to keep your User Account password confidential. If you believe that someone is using your User Account in an illegitimate manner, you agree to notify us by contacting us at email@example.com
2.2 Age Limit and Parental Permission
Capture This is open to users over the age of 16 only.
3 Services Description
You may use the Services on your phone through the Capture This Mobile Application. The Services allow you to (i) create or join a Game, (ii) play a Game (iii) and interact with other Users of the Application.
(i) Create and Join a game
Under this feature you can:
Create a Game in which you invite other Users of the app to join that Game.
Join a Game where you enter a 8-digit number unique for every game.
The User that creates the Game controls what other Users are allowed to participate.
(ii) Play a Game
Under this feature you can:
Take Pictures with your mobile camera.
Vote on other Players Pictures.
(iii) Interact With Other Users
You can interact with other Users through:
Sending an invite to play a Game.
Sending a request to Join a Game.
Sending a friend request so that you can easier invite Users to Games.
4 Reporting Illegal or Inappropriate Pictures
As a hosting company, we are not under a general obligation to monitor the information we store.
5 User Obligations
Use Capture This if you are under 16 years old.
Use Capture This for advertising or commercial purposes to publish or facilitate the transmission of advertising, commercial solicitations, spam, "chain letters", "pyramid schemes" or to collect information, data or Pictures about other Users without their permission;
Tamper or attempt to tamper with the proper working of the Application, interfere with access to the Application or circumvent any measures we may use to block or restrict access to the Services;
Use the Capture This Application in a deceptive, malicious, discriminatory, or otherwise unlawful manner, such as impersonating someone else for personal or commercial purposes;
Harm or attempt to harm another person or group, including, but not limited to, bullying, harassment, promotion of sexual Pictures, violence, hate speech, dissemination of false information;
Use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make available any Pictures that may infringe upon the intellectual property rights of others, or the privacy, image, dignity or honor of others, including a deceased person. In this regard, please note that you are solely responsible for the Pictures you choose to share on the Application, especially when this Pictures represents other people. We recommend that you always ensure that you have the consent of others to use their image or creations on Capture This.
We reserve the right, at any time and without notice, to remove or temporarily or permanently suspend access to any Pictures that is clearly illegal or does not comply with these Terms.
6 User Account Deletion
We reserve the right to suspend or terminate your User Account upon notice from us and without prior notice, for any reason whatsoever, including but not limited to:
Violation or attempted violation of the Terms and/or applicable law;
Unexpected technical or security problems; or
Long periods of inactivity of your account
In such a case, you are not allowed to create a new User Account.
7 Intellectual Property
7.1 Intellectual Property and Application Integrity
Excluding the Pictures generated by Users, the Application is the exclusive property of Capture This, including its structure, design, interfaces, databases, text, images, trademarks, and HTML tags (meta-tags). The Application is protected by the provisions of the Swedish Intellectual Property Code and by any national or international text in force applicable to intellectual property law.
You may use the Application under a non-exclusive, limited, non-transferable, revocable license, valid worldwide and until the deletion of your User Account, to share your Pictures and interact with other Users only.
Accordingly, you may not reproduce, distribute, reverse engineer, disassemble, decompile or otherwise use the Application or any portion thereof in any form whatsoever, except as authorized in writing by us. Any violation of this obligation constitutes an infringement.
It is also forbidden to :
Extracting data by temporary or permanent transfer, or using the Application or its visible databases for commercial or other purposes by making them available to the public in whole or in part and substantially in quantitative or qualitative terms;
To extract or use in a repeated and systematic way all or part of the visible information of the Application, when such an operation clearly exceeds a normal and private use of the Application;
Exploit, market or distribute any component of the Application, including but not limited to the visible information of the Application, the databases, the Services, the programs, the source codes, the algorithms, the methods incorporated in the Application;
Use any device or software to interfere or attempt to interfere with the proper working of the Application; or take any action that imposes a disproportionately large load on our infrastructure.
7.2 Intellectual Property and License
By using Capture This you will create Pictures of which you may be the author and, if applicable, the owner of the intellectual property rights.
When you share Pictures on the Application you grant Capture This and all its Users a free, non-exclusive, 30 (thirty) year, worldwide license in any medium to:
To other Users to reproduce and share the Pictures on WhatsApp, Facebook, Twitter, SnapChat and Instagram, and more generally any social network or messaging application that may be interfaced with Capture This;
To Capture This to host, store, reproduce, modify, adapt, display, publish, edit, distribute and sublicense all or part of the Pictures for the purpose of providing the Application Services to its Users, and to conduct marketing, communication or commercial promotion activities of Capture This.
8 Indemnification, Warranty Exclusion and Liability
The Application and its Services are provided “as is”. Consequently, we do not offer you any guarantee concerning them, and in particular concerning:
The conformity of our Services to your expectations;
The absence of interruption, errors, security breaches, infringement of the rights of third parties in the operation of the Application Capture This;
The accuracy and reliability of information obtained through the use of our Services.
More generally, you acknowledge that the Internet, and any telematic network used for data transmission may involve risks related to the lack of protection of certain data against possible misuse and risks of contamination by viruses. Also, Capture This cannot be held responsible for the loss or alteration of data, or for the loss of opportunity or time.
In any event, our liability is limited to direct material damages to the exclusion of any indirect damages of any kind.
We further reserve the right, to the extent permitted by law, to modify, suspend, discontinue or limit the availability of all or any part of our Platform for business and operational reasons at any time without notice.
9 Data Protection and Privacy
Users are informed that the personal data collected may be subject to data processing activities in accordance with EU Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation (GDPR). Depending on the country from which you use the Services, other legislation might also apply, such as the California Consumer Privacy Act (CCPA).
Capture This reserves the right to modify its ToU at any time. In this case, Capture This will publish the new versions of the ToU on the pages of the Application and will alert Users by means of a pop-up window that will appear when opening the Application.
In the event that all or part of the provisions of the GTC are deemed illegal, unenforceable or inapplicable by a court decision, the other provisions or agreements shall remain applicable, provided that the general scheme of the contract is not disrupted. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the Parties. This Agreement constitutes the entire agreement between the Parties.
12 Applicable laws and jurisdiction
For any claim or dispute, the user is invited in priority to contact Capture This at firstname.lastname@example.org to reach an amicable solution.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
The present Conditions are subject to Swedish law. Any dispute not resolved by the means indicated above will be submitted to the competent court corresponding to the place of residence of the User located in one of the member states of the European Economic Area.
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