Terms and Conditions
Agreement between You (user) and CRIMEWATCH Technologies, Inc.
Effective as of June 11, 2013
- DISCLOSURES TO LAW ENFORCEMENT.
YOU AGREE THAT CRIMEWATCH MAY SHARE ANY AND ALL INFORMATION AND COMMUNICATIONS CRIMEWATCH COLLECTS FROM YOU IN CONNECTION WITH YOUR USE OF THE CRIMEWATCH SERVICES (OTHER THAN YOUR PASSWORD) WITH PARTICIPATING LAW ENFORCEMENT AGENCIES AND/OR PUBLIC SAFETY OFFICIALS FOR THE PURPOSES OF FACILITATING CITIZEN DIALOG, INFORMATION EXCHANGE, RESPONDING TO EMERGENCIES, AND OTHER OFFICIAL USES, AND YOU HEREBY CONSENT TO SUCH DISCLOSURES. IF YOU DO NOT WANT CRIMEWATCH TO DISCLOSE YOUR INFORMATION AS DESCRIBED ABOVE, PLEASE DO NOT USE ANY CRIMEWATCH SERVICES.
- IMPORTANT NOTICES
i. THE SERVICE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE NOT 18 OR OLDER, DO NOT REGISTER YOUR CONTACT INFORMATION OR OTHERWISE ATTEMPT TO USE THE SERVICE.
ii. IF YOU ARE 18 YEARS OF AGE OR OLDER BUT YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS TOU, DO NOT REGISTER YOUR CONTACT INFORMATION.
iii. THE SERVICE IS NOT A REPLACEMENT FOR YOUR GOVERNMENT AUTHORITY'S DIRECT COMMUNICATION WITH FIRST RESPONDERS SUCH AS, FOR EXAMPLE PURPOSES ONLY, 911, FIRE, POLICE, EMERGENCY MEDICAL, AND PUBLIC HEALTH. YOU SHOULD NOT WAIT FOR OR RELY EXCLUSIVELY ON THE SYSTEM FOR EMERGENCY NOTIFICATIONS OR OTHER IMPORTANT NOTICES. IF YOU THINK YOU ARE IN DANGER YOU SHOULD TAKE APPROPRIATE ACTION. IF YOU RECEIVE AN EMERGENCY NOTIFICATION OR OTHER NOTICE FROM YOUR LOCAL OFFICIALS (INCLUDING LAW ENFORCEMENT AND EMERGENCY PERSONNEL), YOU SHOULD FOLLOW THEIR INSTRUCTIONS.
iv. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, THE SERVICE OR THE USE OF THE SERVICE TO CONTACT YOU IS TO DELETE YOUR CONTACT DATA FROM THE WEBSITE.
v. YOU ARE RESPONSIBLE FOR KEEPING YOUR CONTACT INFORMATION ACCURATE AND UP-TO-DATE. YOU SHOULD UPDATE AND/OR DELETE YOUR CONTACT DATA IF YOU RELOCATE OR CHANGE YOUR CONTACT DATA.
vi. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS TOU BECOMES EFFECTIVE IMMEDIATELY UPON REGISTRATION OF YOUR CONTACT DATA.
- Government, Location-Specific Communications
Should you provide us with a mobile phone number for use in providing you with Communications, you authorize us to send you time-sensitive, public safety Communications and other government communications via SMS, email, or other similar protocol or technology based on your specific location at the time. If we receive a public health or safety alert that affects a specific location, we will attempt to send that communication to all CRIMEWATCH-registered mobile phones in the area covered by that alert, as well as those Individual Users who have specifically registered to receive such Communications. You authorize us to do this. With the exception of messaging created by CRIMEWATCH to raise donations for charitable non-profit organizations, CRIMEWATCH agrees NOT to send any User any commercial messaging unless User DIRECTLY opts-in for such information either online at www.crimewatchus.com, or directly by SMS.
- No Endorsement
We provide the Services as a convenience to the public. The Services are solely for the purposes of allowing Authorized Users to send Communications to Recipients. The inclusion of any entity, including without limitation Organizations, or person, including without limitation an Authorized User, in the Services or the Content does not constitute a representation, warranty, or endorsement with respect to the competence, suitability, or reliability of such organization or person by us. All Content is the sole responsibility of the person who originated such Content. We will do our best to monitor and control the Content posted via the Service. However, we cannot take responsibility for any Content. Any use or reliance upon any citizen generated content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any citizen content or communications posted via the Services, or endorse any opinions expressed via the Services.
- THE CRIMEWATCH BROADCAST SERVICE.
The Services are intended to facilitate your ability to receive time-sensitive, geographically relevant messages via one or more media. The Service will entitle specific officials from the Government Authority (from departments such as police, fire, emergency management, mayor's office, etc.), to broadcast notifications to residents and businesses in your community via an automated communication system. These notifications may be about such events as weather alerts, health warnings, missing people, natural disasters, water main breaks, power outages, detours and road closures, crime prevention, flood alerts, fires or other matters.
The notification may be sent to the entire community or to an affected area, and may be sent to the residential/business telephone, cell phone, text message service and/or email address (depending on the contact information provided by you and/or contained in our database). Standard charges by your telecommunications carrier may apply.
- THE CRIMEWATCH NOTIFICATION SERVICE.
The services are intended to facilitate local law enforcement officials ability to provide the community and those with interest in the community with timely and accurate information pertaining to law enforcement activities. These notifications are provided to users via email, or SMS text message. When a user joins the network they have the option to opt in for these notifications. Should a user decide that they no longer which to receive these notification they may opt out at any time. Instructions for notification options can be found at www.crimewatchus.com/faq.
- REGISTRATION; PASSWORD AND ACCESS TO THE SERVICE
- PERMITTED USE.
a. Subject to these TOU, CRIMEWATCH hereby grants you the non-exclusive, non-transferable, limited right to access and use the CRIMEWATCH Sites solely for the following purposes: (a) if you are accessing the CRIMEWATCH Sites as an individual, then any and all use of the CRIMEWATCH Sites is for your personal, non-commercial use only; or (b) if you are accessing the CRIMEWATCH Sites on behalf of a business or other entity that is not an individual, then any and all use of the CRIMEWATCH Sites must be for such entity's internal business purposes ('Permitted Use').
b. Subject to these TOU, CRIMEWATCH hereby grants you the non-exclusive, non-transferable, limited right to download the Mobile App solely onto your own handheld mobile device, to use the Mobile App solely for Permitted Uses and as permitted by the applicable App Store (defined below) from which you received the Mobile App.
c. CRIMEWATCH reserves the right, at any time, to modify, suspend, or discontinue the CRIMEWATCH Services or any part thereof with or without notice. You agree that CRIMEWATCH will not be liable to you or to any third party for any modification, suspension, or discontinuance of the CRIMEWATCH Services or any part thereof. Any future release, update, or other addition to functionality of the CRIMEWATCH Services shall be subject to the terms of these TOU.
- PROHIBITED USE
Use of any CRIMEWATCH Services except as expressly permitted hereunder, is strictly prohibited. YOU ARE NOT PERMITTED TO USE ANY CRIMEWATCH SERVICES, INCLUDING ANY INFORMATION, DATA, CONTENT OR OTHER MATERIALS MADE AVAILABLE AT OR ACCESSED VIA SUCH CRIMEWATCH SERVICES ('CONTENT') FOR ANY PURPOSE OTHER THAN A PERMITTED USE. The limited license granted to you in Section 4 above shall terminate immediately without notice to you in the event that you do any of the following, and you agree, represent, and warrant that you will do any of the following ('Prohibited Conduct'):
a. Duplicate, publish, modify, translate, alter, create derivative works of, transmit, perform, reuse, re-post, display, or otherwise distribute the Content, in whole or in part, for public purposes, unless specifically authorized in writing by CRIMEWATCH to do so.
b. Frame, or assist third parties in framing, any of the web pages contained in the CRIMEWATCH Sites. Such framing is strictly prohibited under these TOU. However, code for embedding portions of the CRIMEWATCH Services in third party web sites is available under a separate license.
c. Access the CRIMEWATCH Service in order to build a similar or competitive service.
d. Use the CRIMEWATCH Services to: (i) send unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) harvest, collect, gather or assemble information or data regarding other users, including email addresses; (iii) transmit any materials that are unlawful, immoral, libelous, abusive, harassing, hateful, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene, pornographic, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, or are otherwise objectionable or which is harmful to minors in any way; (iv) transmit any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright, right of privacy, or right of publicity (unless you have permission from the rightful owner to post the material and to grant to CRIMEWATCH all of the license rights granted herein); (v) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancel bots; (vi) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the CRIMEWATCH Services or violate the regulations, policies or procedures of such networks; (vii) attempt to gain unauthorized access to the CRIMEWATCH Services, other accounts, computer systems or networks connected to the CRIMEWATCH Services, through password mining or any other means; (viii) harass or interfere with another user's use and enjoyment of the CRIMEWATCH Services; or (ix) ssubmit any content that contains any falsehoods or misrepresentations that could damage CRIMEWATCH or any third party or impersonates another person.
e. Use any tradename, trademark, or brand name of CRIMEWATCH in metatags, keywords and/or hidden text.
f. Use the CRIMEWATCH Service (including the Content and/or any portion thereof) in any manner that may give a false or misleading impression, attribution or statement as to CRIMEWATCH, or any third party.
g. Use the CRIMEWATCH Service for any purpose that is unlawful.
h. Use automated systems (e.g., robots, spiders) on the CRIMEWATCH Service. Notwithstanding the foregoing, CRIMEWATCH grants the operators of public search engines permission to use spiders to copy materials from the CRIMEWATCH Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
i. Use the CRIMEWATCH Services in any manner which could damage, disable, overburden, or impair the CRIMEWATCH Services or interfere with any other party's use and enjoyment of the CRIMEWATCH Services.
j. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CRIMEWATCH Services.
- INTELLECTUAL PROPERTY OWNERSHIP
The CRIMEWATCH Services (including the CRIMEWATCH Sites, Mobile Apps, and all Content, software, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing on the CRIMEWATCH Sites and/or Mobile Apps, and the organization, compilation, look and feel of the CRIMEWATCH Sites and/or Mobile Apps), are the property of CRIMEWATCH and/or its suppliers and business partners ('Partners'), such as the Participating Agencies (defined below), and are protected by U.S. and international copyright and other intellectual property laws. CRIMEWATCH are the trademarks of CRIMEWATCH. The names of actual companies and products listed on the CRIMEWATCH Sites may be the trademarks of their respective owners. CRIMEWATCH (and/or its Partners) retain all rights with respect to the CRIMEWATCH Services except those expressly granted to you in these TOU. You do not acquire ownership rights to the CRIMEWATCH Services or any Content viewed or accessed through any CRIMEWATCH Services and CRIMEWATCH' posting of the Content on the CRIMEWATCH Services does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the CRIMEWATCH Services shall be construed as conferring any license under CRIMEWATCH' (and/or its Partners') intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, CRIMEWATCH may revoke any of the foregoing rights and/or your access to the CRIMEWATCH Services, or any part thereof, including the blocking of your IP Address, at any time, in its sole discretion, without prior notice.
- LINKS TO THIRD PARTY SITES
The CRIMEWATCH Services may contain links or produce search results that reference links to third party web sites ('Linked Sites'). CRIMEWATCH has no control over these Linked Sites or the content within them. CRIMEWATCH cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. CRIMEWATCH does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the CRIMEWATCH Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claims against CRIMEWATCH for any damages or losses whatsoever resulting from such use.
- OWNERSHIP OF UTILITY, MUNICIPALITY OR LAW ENFORCEMENT AGENCY SUBMITTED CONTENT
Certain services or products offered by the CRIMEWATCH Services may require information from certain law enforcement agencies, municipalities or utility providers ('Participating Agencies'). In such cases, all original information provided by a Participating Agency (but not including compilations of data created through CRIMEWATCH Services) is exclusively owned by that Participating Agency. CRIMEWATCH does not limit a Participating Agency's ability to make further use of its original information as it deems appropriate. CRIMEWATCH does not own a Participating Agency's original information. Unless otherwise required by the Participating Agency, CRIMEWATCH will provide the compilations of data created through CRIMEWATCH Services to the general public in accordance with the provisions of these TOU. If the Participating Agency has the right to cause CRIMEWATCH to archive (remove from view) and purge (remove from database) any or all of its data, then CRIMEWATCH shall comply with all such requests.
- WARRANTY DISCLAIMER
THE CRIMEWATCH SERVICES (INCLUDING CRIMEWATCH SITES, MOBILE APPS, the Content, and all other features on the CRIMEWATCH SERVICES) are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, MERCHANTABILITY, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then CRIMEWATCH hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from CRIMEWATCH, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, CRIMEWATCH does not make any warranties that the CRIMEWATCH SERVICES will be uninterrupted, secure or error free, or that your use of the CRIMEWATCH SERVICES will meet your expectations, or that the CRIMEWATCH SERVICES is correct, accurate, or reliable. THE CONTENT PROVIDED ON the CRIMEWATCH SERVICES IS FOR CONVENIENCE ONLY AND CRIMEWATCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER SUBMISSION, OPINION, STATEMENT, PRODUCT, ADVICE, RECOMMENDATION OR SERVICE MADE, PROMOTED, ADVERTISED OR OFFERED BY ANY CRIMEWATCH USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE CRIMEWATCH SERVICES OR ANY LINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CRIMEWATCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL CRIMEWATCH, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, exemplary, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST DATA) THAT ARISE OUT OF OR ARE RELATED TO these TOU and/or YOUR USE OF THE CRIMEWATCH SERVICES. IN NO EVENT SHALL CRIMEWATCH' AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF CRIMEWATCH' AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR LIABILITY RELATED TO OR ARISING OUT OF these TOU and/or THE CRIMEWATCH SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO CRIMEWATCH FOR ACCESSING The CRIMEWATCH SERVICES; OR (B) TEN U.S. DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You hereby irrevocably and unconditionally release and forever discharge CRIMEWATCH (and its officers, employees, agents, successors, and assigns) from, and hereby waive, any and all past, present and future claims, demands, and rights of action, whether known or unknown, which arises from or relates to (a) any App Stores, (b) other users of the CRIMEWATCH Services, (c) Linked Sites, (d) Participating Agencies, (e) any other law enforcement agencies and/or public safety officials, and/or (f) your failure to independently obtain or use monitoring, alarm, or emergency notification services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: 'a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.'
- DIGITAL MILLENNIUM COPYRIGHT ACT
CRIMEWATCH is committed to respecting and protecting the legal rights of copyright owners. As such, CRIMEWATCH adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content (including any User Submissions) infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a 'DMCA Takedown Notice'). To be valid, a DMCA Takedown Notice must (a) be provided to CRIMEWATCH' designated agent, ('Copyright Agent'), as set forth below, and (b) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the CRIMEWATCH Service. You acknowledge that in order for CRIMEWATCH to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
CRIMEWATCH Technologies, Inc.
ATTN: Copyright Agent
453 Lincoln Street
Carlisle, PA 17013
You agree to indemnify and hold CRIMEWATCH and its Partners, affiliates, officers, directors, agents, and employees harmless from any third party claims, suits, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from or related to (a) your breach of these TOU, (b) your User Submissions, (c) your use of the CRIMEWATCH Services, or (d) your violation of any law or the rights of a third party.
These TOU will remain in full force and effect while you use the CRIMEWATCH Services, unless terminated described below. We may suspend your rights to use the CRIMEWATCH Services or terminate these TOU, at any time, for any reason, at our sole discretion, including if you violate these TOU. We have a policy of terminating this TOU with any user who repeatedly infringes third party copyright rights. Upon termination of these TOU, your Account and right to access and use the CRIMEWATCH Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Submissions associated therewith from our live databases and we will have no liability in connection therewith.
- IRREPARABLE HARM AND INJUNCTIVE RELIEF
The CRIMEWATCH Services and the information and content made available through such services is the result of significant investment by CRIMEWATCH in collecting, formatting, organizing and presenting a wide range of information in the public interest for its users under the terms of these TOU. By using the CRIMEWATCH Services, you hereby acknowledge and recognize the uniqueness of the services provided by the CRIMEWATCH Services and CRIMEWATCH' substantial investments in such services as described herein, such that a violation of Section 4 or 5 of these TOU by you will result in irreparable harm to CRIMEWATCH for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of these TOU (including any Rules), CRIMEWATCH shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that CRIMEWATCH will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.
These TOU shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the Commonwealth of Pennsylvania, County of Cumberland, USA, and further agree that any cause of action arising under or relating to these TOU or your use of any CRIMEWATCH Services shall be brought exclusively in such venue. Notwithstanding the foregoing, CRIMEWATCH may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under these TOU. In the event of any dispute between you and CRIMEWATCH arising under or relating to these TOU or your use of any CRIMEWATCH Services, in which CRIMEWATCH is the prevailing party, you agree that you will pay CRIMEWATCH' reasonable attorneys' fees in connection with CRIMEWATCH’ commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against CRIMEWATCH. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The term 'including' means 'including without limitation.' CRIMEWATCH' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These TOU (including the Rules) set forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
- Changes and updates to these TOU
These TOU are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on CRIMEWATCH Site. Any changes to these TOU will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on CRIMEWATCH Site. These changes will be effective immediately for new users of the CRIMEWATCH Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the CRIMEWATCH Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.