Terms of Service
Last Updated: January 26, 2026 Effective Date: January 26, 2026
1. AGREEMENT TO TERMS
These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you,” “user”), and Caribbean Photo Contest LLC, doing business as Capture Caribbean (“Company,” “we,” “us,” “our”), concerning your access to and use of the [www.caribbeanphotocontests.com] website, the First Wave platform, and any related applications or services (collectively, the “Services”).
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree, you must immediately discontinue access and use of the Services.
Supplemental terms, policies, or documents (including the Official Rules and Privacy Policy) posted on the Services are expressly incorporated herein by reference. We reserve the right to modify these Terms at any time. We will alert you to material changes by updating the “Last Updated” date. Your continued use after changes constitutes acceptance.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Our Content
Unless otherwise indicated, the Services—including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and the Capture Caribbean trademarks, service marks, and logos (the “Marks”)—are owned or controlled by us, and are protected by copyright, trademark, and other intellectual property laws of the United States and foreign jurisdictions. You may not use our Marks or content without our express prior written permission.
2.2 Your Content & Submissions (Creator-First Principle)
- Ownership: You retain all ownership rights to the photographs, images, text, and other materials you submit, upload, or post to the Services (“User Submissions”).
- License to Us: By making a User Submission, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of (e.g., resizing/cropping for display), display, and perform your User Submissions solely in connection with operating, promoting, and improving the Services. This includes:
- Displaying your entry in the First Wave Challenge gallery and results.
- Featuring your work in our marketing, social media, and promotional materials related to Capture Caribbean.
- Using metadata and anonymized data for analytical purposes.
- Representations & Warranties: You represent and warrant that: (i) you own or control all rights in your User Submissions; (ii) your User Submissions are original and do not infringe any third-party rights; and (iii) you have obtained all necessary releases for any recognizable persons or private property depicted.
3. COPYRIGHT INFRINGEMENT (DMCA NOTICE)
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.
Designated Agent for DMCA Notices: Attn: Legal Department / Copyright Agent Caribbean Photo Contest LLC Email: legal@capturecaribbean.com
4. USER REGISTRATION & ACCOUNT SECURITY
To access certain features (including entering the First Wave Challenge), you must register for an account. You agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your information.
- Maintain the security of your password and accept all risks of unauthorized access.
- Notify us immediately of any unauthorized use.
We reserve the right to remove, reclaim, or change a username if we determine it is inappropriate, obscene, or otherwise objectionable.
5. FIRST WAVE CHALLENGE & PAID ACCESS
5.1 General
The Services include the ability to enter the Capture Caribbean First Wave Challenge (the “Challenge”). Participation is governed by these Terms and the separate First Wave Challenge Official Rules (the “Rules”), which are incorporated herein. In the event of a conflict between these Terms and the Rules regarding the administration of the contest, the Official Rules shall govern.
5.2 Paid Access
Entry into the First Wave Challenge requires the purchase of a First Wave Access Pass for a minimum fee of $25.00 USD (“Access Fee”). This fee is for access to the First Wave platform environment and the opportunity to submit entries for judging.
- No Guarantee: Payment of the Access Fee provides the opportunity to compete. It does not guarantee winning a prize, favorable judging, or specific platform performance.
- Refunds: All Access Fee payments are final and non-refundable, except as expressly provided in the Official Rules (e.g., in the event of sustained platform failure).
5.3 Prohibited Conduct
In connection with the Challenge and Services, you agree not to:
- Submit entries created or materially altered using generative AI tools.
- Manipulate votes or engage in any fraudulent activity.
- Submit entries that are unlawful, defamatory, obscene, or infringe on others’ rights.
- Attempt to bypass any security or access controls.
- Engage in data mining, robots, or similar data gathering and extraction tools.
6. PAYMENT, FEES & NO CHARGEBACKS
- Billing: You agree to pay all fees or charges for purchases in accordance with the fees, charges, and billing terms in effect at the time. We use third-party payment processors (e.g., Stripe, PayPal). You authorize us to charge your chosen payment provider for all applicable fees.
- No Chargebacks: You acknowledge that the Challenge is a skill-based contest and that dissatisfaction with the judging results, the platform interface, or the failure to win a prize is not a valid basis for a chargeback. You agree not to issue a chargeback with your credit card issuer for these reasons. If you issue a chargeback that is found to be meritless, we reserve the right to permanently ban you from all future Capture Caribbean events and pursue recovery of the disputed funds and associated fees.
7. TERM AND TERMINATION
These Terms remain in effect while you use the Services. We may suspend or terminate your account or access to the Services at any time for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive.
8. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance. We may suspend, withdraw, or discontinue any part of the Services at any time without notice.
9. GOVERNING LAW & DISPUTE RESOLUTION
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles.
9.2 Informal Negotiations
The parties agree to first attempt to resolve any dispute informally for at least thirty (30) days before initiating arbitration.
9.3 Binding Arbitration
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE CHALLENGE SHALL BE FINALLY SETTLED BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA). THE ARBITRATION SHALL TAKE PLACE IN MERCER COUNTY, NEW JERSEY.
- NO CLASS ACTIONS: YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- OPT-OUT: You have the right to opt-out of this arbitration provision within 30 days of first accepting these Terms by notifying us in writing at [legal@capturecaribbean.com].
10. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
10.1 Disclaimer: THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICES IS LIMITED TO THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10.3 First Wave Environment: You expressly acknowledge and agree that the First Wave platform is a live “stress test” environment. We disclaim all liability for errors, bugs, minor data loss, or system unavailability inherent in such a testing environment.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Submissions; (2) your breach of these Terms; (3) your violation of any third-party rights, including intellectual property or privacy rights; or (4) your participation in the Challenge.
12. ELECTRONIC COMMUNICATIONS
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
13. MISCELLANEOUS
These Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to exercise any right shall not be deemed a waiver. If any provision is found to be invalid, the remaining provisions remain in force. We may assign our rights and obligations. There is no joint venture, partnership, or agency relationship created.
14. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Capture Caribbean / Caribbean Photo Contest LLC #1021, 440 US Highway 130 South STE 11 E. Windsor, NJ 08520 USA
Legal Inquiries: legal@capturecaribbean.com
General Support: support@capturecaribbean.com