Terms – Photo Roulette

Photo Roulette Terms of Service

Last updated August 4th 2023.

In order to use Photo Roulette (the “App”), you must have accepted the Terms of Use (“Terms”) and Privacy Policy.

These Terms do indeed form a legally binding contract between you and Photo Roulette AS. Therefore we ask that you read them carefully and contact us if anything is unclear.

These Terms and our Privacy Policy apply to all user of the App. If you do not agree with them, please stop using the App and delete it from you phone.

1. Who can use the App

No one under the age of 16 is allowed to use the App.

By using the App, you confirm that:

you can form a binding and legal contract with Photo Roulette AS.
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
you are not a convicted sex offender.

2. The rights we grant you

Photo Roulette AS grants you as a user a personal, non-exclusive, revocable, and non-sublicensable licence to access and use the App.

You can only use this licence to enjoy the App’ features in a way that these Terms allow.

You may not sell, distribute, copy, modify, or lease any part of our App. In the same way, you may not reverse engineer or attempt to extract the source code of the software or the App, unless laws prohibit these restrictions or unless you have our written consent.

3. The rights you grant us

Our App lets you upload and share content with other users. When you do that, you retain whatever ownership rights in that content you had to begin with.

For all content you upload you grant Photo Roulette AS a worldwide and transferable licence to host, store, use, display, reproduce and distribute that content for as long as you use the App. This licence is for the limited purpose of operating, developing and improving the App and researching and developing new ones.

For more information about how we collect and use your information and content, please read our Privacy Policy.

The App can from time to time contain advertisement. By using the App, you agree that Photo Roulette AS, our affiliates, and our third-party partners may place advertisement in the App, including personalised advertising based upon the information you provide us or we collect or obtain about you.

We love to get feedback from our users. By doing so you agree that we can use the feedback without compensating you, and without any restriction or obligation to you.

4. The content of others

Most of the photos that are displayed in our App are uploaded by the users. That content is the sole responsibility of the person that submitted it. Photo Roulette reserves the right to review all content that is uploaded or submitted in the App and to remove any content that violates these Terms or the law, but we do not necessarily review all of it.

We do not want the App to be put to bad use. But because we don’t review all of the content, we cannot guarantee that content in the App will always be in accordance with our Terms.

5. Respecting other people’s rights

In order to use the App you must respect the rights of others, as we do in Photo Roulette AS. You may therefore not use the App, or enable anyone else to use the App, in a manner that:

violates or infringes someone else’s rights of privacy, copyright, publicity, trademark, or other intellectual-property right;
bullies, harasses, defames or intimidates;
spams or solicits our users.

You must also respect Photo Roulette AS’ rights. You may not do any of the following (or enable anyone else to do so):

use branding, the name “Photo Roulette”, photos, videos, logos, designs or any other materials used in our App, without our written consent.
copy, archive, download, upload, broadcast, display, distribute, syndicate, make available, or otherwise use any portion of the App, the content in the App or the content provided by other users, except as set forth in these Terms.
use the App or any content in the App for any commercial purposes without the written consent of Photo Roulette AS

The materials contained in Photo Roulette are protected by applicable copyright and trademark law.

6. Privacy

In Photo Roulette AS we care about your privacy. You can learn how your information is handled when you use our App by reading the Privacy Policy.

7. Safety

At Photo Roulette AS we work hard to make our App a safe place for all players. Unfortunately, we cannot guarantee it. We ask you as a player to help us with that.

By using the App, you agree that:

You will not upload content that contains pornography, graphic violence, threats, racism, hate speech, or is in another way disturbing to other users
You will not upload sensitive or private content that can harm a third party
You will not upload content where you do not have the proper consent from the people in the photo/video.

Since the App draws random photos and videos from your whole photo library, the Terms related to content/photos/videos applies to all of the photos and videos on your device. You are thus responsible for all content that is shared from your device during the game, including potential photos and/or videos of other people. By using the App you agree that you have the proper consent to share to other players all photos and videos in your photo library.

You also agree that:

You will not use the App for any purpose that is illegal or prohibited in these Terms or by any local, state, national, and international laws, rules, and regulations.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the App or extract other users’ information.
You will not probe, scan, or test the vulnerability of our App or any system or network.
You will not use or develop any third-party applications that interact with the App or other users’ content or information without our written consent.
You will not use the App in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the App, or that could damage, disable, overburden, or impair the functioning of the App.
You will not upload viruses or other malicious code or otherwise compromise the security of the App.
You will not encourage or promote any activity that violates these Terms.

8. Modifying the App and termination

We are continuously improving the App. This means that we may add or remove features, products, or functionalities, and we may also suspend or remove the App. We may take any of these actions at any time, and when we do, we will try to notify you in advance.

You can terminate these Terms at any time and for any reason by deleting the App.

Photo Roulette AS may also terminate these Terms with you if you fail to comply with these Terms or the law, or for any reason outside of our control. We can not guarantee that we can give you advance notice in that case.

Regardless of who terminates these Terms, both you and Photo Roulette AS continue to be bound by Sections 3, 6 and 9-16 of the Terms.

9. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless Photo Roulette AS and our stockholders and employees from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the App; (b) your content; and (c) your breach of these Terms.

10. Disclaimers

The App is provided on an ‘as is’ basis. This means that while Photo Roulette AS attempts to provide a good user experience, we can not guarantee that : (a) the App will always be secure, error-free or timely; (b) the App will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the App will be timely or accurate.

Photo Roulette AS takes no responsibility and assume no liability for any content that you, another user, or a third party uploads and/or shares on or through our App. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Photo Roulette AS will be responsible for.

Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.

11. Limitation of liability

Photo Roulette AS and our stockholders and employees will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the App or inability to use the App; (b) your access to or inability to access the App; (c) the conduct or content of other users or third parties on or through the App; or (d) unauthorised access, use or alteration of your content. In no event will Photo Roulette AS aggregate liability for all claims relating to the App exceed the greater of NOK 1000 or the amount you paid Photo Roulette AS in the last 12 months.

12. Dispute resolution

If you have a concern please contact us directly. You can do so at support@photoroulette.app and we’ll do our best to resolve the issue.

13. Exclusive venue and Choice of law

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Photo Roulette AS agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the App will be litigated exclusively in the courts of Norway, unless this is prohibited by the laws of the country where you reside. You and Photo Roulette AS consent to the exclusive jurisdiction of those courts.

The laws of Norway govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter.

15. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

16. Final terms

These Terms make up the entire agreement between you and Photo Roulette
Photo Roulette AS may revise these Terms at any time. If we do so, we will let you know in the App. By using Photo Roulette you are agreeing to be bound by the then current version of these terms of service.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.

Contact us

Photo Roulette welcomes comments, questions, concerns, or suggestions. You can contact us at support@photoroulette.app at any time.