Last Updated: June 2, 2025

Welcome to "Where Has This Been?" (the "Service"), a location-based photo project. These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Service"). Please read these Terms carefully.

1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

2. Description of Service

"Where Has This Been?" allows users to find physical QR codes ("Tags"), view image submission history associated with those Tags, upload their own images and current city information, and re-hide the Tags for others to find. The homepage displays a public gallery of recent image submissions.

3. User Conduct and Responsibilities

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Service.

4. User-Generated Content

You retain all rights in, and are solely responsible for, the Content you post to the Service.

By submitting Content to the Service, you grant "Where Has This Been?" a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and its (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service.

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.

5. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of [Your Name/Company Name - e.g., Silvereen Games] and its licensors. The Service is protected by copyright, trademark, and other laws of both the [Your Country] and foreign countries.

6. Cooldown Periods & Access

The Service may implement cooldown periods to regulate the frequency of uploads for specific Tags. We reserve the right to restrict access to certain features, including uploading, based on these cooldowns or other factors. We may also implement measures to restrict access to certain pages (like the QR submission page) based on device type (e.g., mobile-only) to ensure fair participation and the intended experience.

7. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or Community Guidelines.

8. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

9. Limitation of Liability

In no event shall Silvereen Games LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Contact Us

If you have any questions about these Terms, please contact us at: [email protected] or +1 (619) 535 - 9187