1. Introduction
i. AddThePics (“the Website”) can be accessed at
https://addthepics.com and is owned
and operated by Class Lever Studios.
ii. These Website Terms and Conditions (“Terms and Conditions”) govern
the use of the Website.
iii. These Terms and Conditions are binding and enforceable against
every person that accesses or uses this Website (“you”, “your” or
“user”). By using the Website and by clicking on the “Download” button
on the Google Play Store, as may be applicable, you acknowledge that you
have read and agree to be bound by these Terms and Conditions.
iv. The Website is a puzzle video game intended for entertainment
purposes.
2. Important Notice
i. These Terms and Conditions apply to users who are consumers for
purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
ii. These Terms and Conditions contain provisions that appear in similar
text and style to this clause and which -
1. may limit the risk or liability of Class Lever Studios; and/or
2. may create risk or liability for the user; and/or
3. may compel the user to indemnify Class Lever Studios or a third party
like a courier; and/or
4. serves as an acknowledgement, by the user, of a fact.
iii. Your attention is drawn to these Terms and Conditions because they
are important and should be carefully noted.
iv. Nothing in these Terms and Conditions is intended or must be
understood to unlawfully restrict, limit or avoid any right or
obligation, as the case may be, created for either you or Class Lever
Studios in terms of the CPA.
v. Class Lever Studios permits the use of this Website subject to the
Terms and Conditions. By using this Website in any way, you shall be
deemed to have accepted all the Terms and Conditions unconditionally.
You must non-infringement use this Website if you do not agree to the
Terms and Conditions.
3. Use of the Website
i. By using the Website you warrant that you are 18 (eighteen) years of
age or older and of full legal capacity. If you are under the age of 18
(eighteen) or if you are not legally permitted to enter into a binding
agreement, then you may use the Website only with the involvement and
supervision of your parent or legal guardian. If your parent or legal
guardian supervises you and gives his/her consent, then such person
agrees to be bound to these Terms and Conditions and to be liable and
responsible for you and all your obligations under these Terms and
Conditions.
ii. You agree that you will not in any way use any device, software or
other instrument to interfere or attempt to interfere with the proper
working of the Website. In addition, you agree that you will not in any
way use any robot, spider, other automatic device, or manual process to
monitor, copy, distribute or modify the Website or the information
contained herein, without the prior written consent from an authorised
Class Lever Studios representative (such consent is deemed given for
standard search engine technology employed by Internet search
Applications to direct Internet users to this Website).
iii. You may not use the Website to distribute material which is
defamatory, offensive, contains or amounts to hate speech or is
otherwise unlawful.
iv. You may not in any way display, publish, copy, print, post or
otherwise use the Website and/or the information contained therein
without the express prior written consent of an authorised Class Lever
Studios representative.
4. Errors
i. We shall take all reasonable efforts to minimise errors on the
Website. However, should there be any errors of whatsoever nature on the
Website (which are not due to our gross negligence), we shall not be
liable for any loss, claim or expense relating to any error.
ii. Class Lever Studios shall not be bound by any incorrect information
displayed by any third party Applications.
5. Privacy policy
i. This Website makes use of “cookies” to automatically collect
information and data through the standard operation of the Internet
servers. “Cookies” are small text files a Website can use (and which we
may use) to recognise repeat users, facilitate the user’s on-going
access to and use of a Website and allow a Website to track usage
behaviour and compile aggregate data that will allow the Website
operator to improve the functionality of the Website and its content,
and to display more focused advertising to a user by way of third party
tools. The type of information collected by cookies is not used to
personally identify you. If you do not want information collected
through the use of cookies, there is a simple procedure in most browsers
that allows you to deny or accept the cookie feature. Please note that
cookies may be necessary to provide you with certain features available
on our Website, and thus if you disable the cookies on your browser you
may not be able to use those features, and your access to our Website
will therefore be limited. If you do not disable “cookies”, you are
deemed to consent to our use of any personal information collected using
those cookies, subject to the provisions of this section 5.
6. Changes to these Terms and Conditions
i. Class Lever Studios may, in its sole discretion, change any of these
Terms and Conditions at any time. It is your responsibility to regularly
check these Terms and Conditions and make sure that you are satisfied
with the changes. Should you not be satisfied, you must not use the
Website.
ii. Any such change will only apply to your use of this Website after
the change is displayed on the Website. If you use the Website after
such amended Terms and Conditions have been displayed on the Website,
you will be deemed to have accepted such changes.
7. Electronic communications
i. When you visit the Website or send emails to us, you consent to
receiving communications from us or any of our divisions, affiliates or
partners electronically in accordance with our privacy policy as set out
in section 5 above.
8. Ownership and copyright
i. The contents of the Website, including any material, information,
data, software, icons, text, graphics, lay-outs, images, sound clips,
advertisements, video clips, trade names, logos, trade-marks, designs
and service marks which are displayed on or incorporated in this Website
(“Website Content”) are protected by law, including but not limited to
copyright and trade mark law. The Website Content is the property of
Class Lever Studios, its advertisers and/or sponsors and/or is licensed
to Class Lever Studios.
ii. The Website makes use of images obtained from internet sources. To
the best of our knowledge, these images are free to use, and are
attributed by providing their source URL. We do not claim authorship
and/or ownership over any of these images. Should any image used by the
Website not be free to use, the user may contact Class Lever Studios via
the details provided in section 14 of these Terms and Conditions, and
the image will be reviewed and removed if deemed necessary. In the event
that the attributed source is not the original author and/or owner, we
disclaim any responsibility.
iii. You will not acquire any right, title or interest in or to the
Website or the Website Content.
iv. Any use, distribution or reproduction of the Website Content is
prohibited unless expressly authorised in terms of these Terms and
Conditions or otherwise provided for in law. To obtain permissions for
the commercial use of any Website Content contact us via the contact
details provided in section 14 of these Terms and Conditions.
v. Where any of the Website Content has been licensed to Class Lever
Studios or belongs to any third party, your rights of use will also be
subject to any terms and conditions which that licensor or third party
imposes from time to time and you agree to comply with such third party
terms and conditions.
9. Disclaimer
i. The use of the Website is entirely at your own risk and you assume
full responsibility for any risk or loss resulting from use of the
Website or reliance on any information on the Website.
ii. Whilst Class Lever Studios takes reasonable measures to ensure that
the content of the Website is accurate and complete, Class Lever Studios
makes no representations or warranties, whether express or implied, as
to the quality, timeliness, operation, integrity, availability or
functionality of the Website or as to the accuracy, completeness or
reliability of any information on the Website. If any such
representations or warranties are made by Class Lever Studios'
representatives, Class Lever Studios shall not be bound thereby.
iii. Class Lever Studios disclaims liability for any damage, loss or
expenses, whether direct, indirect or consequential in nature, arising
out of or in connection with your access to or use of the Website and/or
any content therein unless otherwise provided by law.
iv. The Website and all information provided on the Website is provided
“as is” without warranty of any kind, either express or implied,
including, but not limited to, the implied warranties of fitness for a
particular purpose, completeness, or non-infringement, as may be allowed
in law.
v. Any views or statements made or expressed on the Website are not
necessarily the views of Class Lever Studios, its directors, employees
and/or agents.
vi. In addition to the disclaimers contained elsewhere in these Terms
and Conditions, Class Lever Studios also makes no warranty or
representation, whether express or implied, that the information or
files available on the Website are free of viruses, spyware, malware,
trojans, destructive materials or any other data or code which is able
to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or
otherwise impede in any manner the operation, stability, security
functionality or content of your computer system, computer network,
hardware or software in any way. You accept all risk associated with the
existence of such viruses, destructive materials or any other data or
code which is able to corrupt, compromise, jeopardise, disrupt, disable,
harm or otherwise impede in any manner the operation or content of a
computer system, computer network, any handset or mobile device, or your
hardware or software, save where such risks arise due to the gross
negligence or wilful misconduct of Class Lever Studios, its employees,
agents or authorised representatives. Class Lever Studios thus disclaims
all liability for any damage, loss or liability of any nature whatsoever
arising out of or in connection with your access to or use of the
Website.
10. Limitation of liability
i. Class Lever Studios cannot be held liable for any inaccurate
information published on the Website save where such liability arises
from the gross negligence or wilful misconduct of Class Lever Studios,
its employees, agents or authorised representatives. You are encouraged
to contact us to report any possible malfunctions or errors by way of
our contact details provided in section 14 of these Terms and
Conditions.
ii. Class Lever Studios SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE
FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED
IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL
ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
iii. YOU HEREBY INDEMNIFY Class Lever Studios AGAINST ANY LOSS, CLAIM OR
DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN
ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY
APPLICATION.
11. Availability and termination
i. We will use reasonable endeavours to maintain the availability of the
Website, except during scheduled maintenance periods, and are entitled
to discontinue providing the Website or any part thereof with or without
notice to you.
ii. Class Lever Studios may in its sole discretion terminate, suspend
and modify this Website, with or without notice to you. You agree that
Class Lever Studios will not be liable to you in the event that it
chooses to suspend, modify or terminate this Website.
iii. If you fail to comply with your obligations under these Terms and
Conditions, this may (in our sole discretion with or without notice to
you) lead to a suspension and/or termination of your access to the
Website without any prejudice to any claims for damages or otherwise
that we may have against you.
iv. Class Lever Studios is entitled, for purposes of preventing
suspected fraud and/or where it suspects that you are abusing the
Website to blacklist you on its database (including suspending or
terminating your access to the Website), and accepts no liability which
may arise as a result of such blacklisting.
v. At any time, you can choose to stop using the Website, with or
without notice to Class Lever Studios.
12. Governing law and jurisdiction
i. These Terms and Conditions and our relationship and/or any dispute
arising from or in connection with these Terms and Conditions shall be
governed and interpreted in accordance with the laws of the Republic of
South Africa. Your continued use of the Website will constitute your
consent and submission to the jurisdiction of the South African courts
regarding all proceedings, transactions, Websites or the like instituted
by either party against the other, arising from any of these Terms and
Conditions.
ii. In the event of any dispute arising between you and Class Lever
Studios, you hereby consent to the non-exclusive jurisdiction of the
High Court of the Republic of South Africa (Pretoria Division, Gauteng)
notwithstanding that the quantum in the action or proceedings may
otherwise fall below the monetary jurisdiction of that court.
iii. Nothing in this clause or the Terms and Conditions limits your
right to approach any court, tribunal or forum of competent jurisdiction
in terms of the CPA.
13. Notices
i. Class Lever Studios is a fully remote company without a physical
address. Class Lever Studios hereby selects PostNet Suite 899 P/B X4,
Menlo Park, Pretoria, 0102, Gauteng, as its address for the service of
all formal notices and legal processes in connection with these Terms
and Conditions (“legal address”). Class Lever Studios may change this
postal address from time to time by updating these Terms and
Conditions.
ii. Notices must be sent either by hand, prepaid registered post or
email and must be in English. All notices sent -
1. by hand will be deemed to have been received on the date of
delivery;
2. by prepaid registered post, will be deemed to have been received 10
days after the date of posting; and
3. by email will be deemed to have been on the date indicated in the
“Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US
MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an
email has been received.
14. Information
i. For the purposes of the ECT Act, Class Lever Studios' information is
as follows, which should be read in conjunction with its product
descriptions and other terms and conditions contained on the Website:
1. Full name: Class Lever Studios (Pty) Ltd, a private company
registered in South Africa with registration number 2022 / 603154 /
07
2. Main business: Video Game and Software Application Development
Studio
3. Postal address for receipt of legal service: PostNet Suite 899 P/B
X4, Menlo Park, Pretoria, 0102, Gauteng (marked for attention: CEO and
Legal)
4. Office bearers: Ruben Cruywagen
5. Email address: addthepics@gmail.com
15. General
i. Class Lever Studios may, in its sole discretion, at any time and for
any reason and without prior written notice, suspend or terminate the
operation of the Website or the user’s right to use the Website or any
of its contents subject to us processing any orders then already made by
you.
1. You may not cede, assign or otherwise transfer your rights and
obligations in terms of these Terms and Conditions to any third
party.
2. Any failure on the part of you or Class Lever Studios to enforce any
right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the
remaining terms and conditions will remain in full force and effect.
4. No variation, addition, deletion, or agreed cancellation of the Terms
and Conditions will be of any force or effect unless in writing and
accepted by or on behalf of the parties hereto.
5. No indulgence, extension of time, relaxation or latitude which any
party (the “grantor”) may show grant or allow to the other (the
“grantee”) shall constitute a waiver by the grantor of any of the
grantor’s rights and the grantor shall not thereby be prejudiced or
stopped from exercising any of its rights against the grantee which may
have arisen in the past or which might arise in the future.
6. These Terms and Conditions contain the whole agreement between you
and Class Lever Studios and no other warranty or undertaking is valid,
unless contained in this document between the parties.