Agreement between You and Public Engines, Inc.
These terms are effective as of October 11, 2010
DO NOT RELY ON THIS SERVICE FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCEMENT. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911.
1. DISCLOSURES TO LAW ENFORCEMENT. YOU AGREE THAT PUBLIC ENGINES MAY share ANY AND ALL INFORMATION AND COMMUNICATIONS PUBLIC ENGINES COLLECTS FROM YOU IN CONNECTION WITH YOUR USE OF THE PUBLIC ENGINES 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 PUBLIC ENGINES TO DISCLOSE YOUR INFORMATION as described above, PLEASE DO NOT USE ANY PUBLIC ENGINES SERVICES.
2. CERTAIN DISCLAIMERS. DO NOT RELY ON ANY PUBLIC ENGINES SERVICES FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCEMENT OR FIRST RESPONDERS. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911. PUBLIC ENGINES SERVICES ARE OFFERED AS A CONVENIENCE ONLY AND DO NOT OFFER MONITORING, ALARM, OR EMERGENCY NOTIFICATION SERVICES. YOU SHOULD NOT RELY UPON ANY SERVICE PROVIDED BY A PUBLIC ENGINES SERVICES IN PLACE OF SUCH SERVICES. YOU ARE SOLELY RESPONSIBLE FOR PROCURING SUCH SERVICES AND PUBLIC ENGINES IS NOT RESPONSIBLE FOR, AND YOU EXPRESSLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASE PUBLIC ENGINES FROM, ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH SERVICES. IN ADDITION, As a convenience to users of the Public Engines services, Public Engines will store certain types of medical information that you may provide TO ASSIST FIRST RESPONDERS (e.g., MEDICAL CONDITIONS of MEMBERS OF YOUR HOUSEHOLD, ETC.). PUBLIC ENGINES IS NOT A HEALTH CARE PROVIDER OR A BUSINESS ASSOCIATE OF A HEALTH CARE PROVIDER.
3. Account Creation. In order to use certain features of the Public Engines Services, you must register for an account with Public Engines ("Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Public Engines Service. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You may not use another user's Account or allow another user to use your Account. Please remember to log off of your Account after each use to prevent unauthorized use of your Account. You agree to immediately notify Public Engines of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Public Engines is not liable for any loss or damage arising from your failure to comply with the above requirements.
4. PERMITTED USE.
5. Prohibited Use. Use of any Public Engines Services except as expressly permitted hereunder, is strictly prohibited. YOU ARE NOT PERMITTED TO USE ANY PUBLIC ENGINES SERVICES, INCLUDING ANY INFORMATION, DATA, CONTENT OR OTHER MATERIALS MADE AVAILABLE AT OR ACCESSED VIA SUCH PUBLIC ENGINES 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"):
6. INTELLECTUAL PROPERTY OWNERSHIP. The Public Engines Services (including the Public Engines 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 Public Engines Sites and/or Mobile Apps, and the organization, compilation, look and feel of the Public Engines Sites and/or Mobile Apps), are the property of Public Engines 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. Public Engines and CrimeReports.com are the trademarks of Public Engines. The names of actual companies and products listed on the Public Engines Sites may be the trademarks of their respective owners. Public Engines (and/or its Partners) retain all rights with respect to the Public Engines Services except those expressly granted to you in these TOU. You do not acquire ownership rights to the Public Engines Services or any Content viewed or accessed through any Public Engines Services and Public Engines' posting of the Content on the Public Engines 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 Public Engines Services shall be construed as conferring any license under Public Engines' (and/or its Partners') intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Public Engines may revoke any of the foregoing rights and/or your access to the Public Engines Services, or any part thereof, including the blocking of your IP Address, at any time, in its sole discretion, without prior notice.
7. LINKS TO THIRD PARTY SITES. The Public Engines Services may contain links or produce search results that reference links to third party web sites ("Linked Sites"). Public Engines has no control over these Linked Sites or the content within them. Public Engines 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. Public Engines 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 Public Engines 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 Public Engines for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at firstname.lastname@example.org, and we may investigate the link and take appropriate action.
8. OWNERSHIP OF USER SUBMITTED CONTENT. The Public Engines Services may permit you to upload and store certain information, facts, reports, opinions, reviews, content, and/or other materials ("User Submissions") to our systems, networks, and servers and to publish, display, distribute, reproduce and/or perform such User Submissions, or any derivative work thereof, via the Public Engines Services. All such User Submissions are the sole responsibility of, and are stored upon our servers or system solely at the direction of, such users, and subject to the protections afforded to Public Engines as an interactive service provider under Section 512(c) of the Digital Millennium Copyright act of 1998 ("DMCA") and Section 230 of the Communications Decency Act ("CDA"). Please see the "Digital Millennium Copyright Act" section below for more details on our policies and procedures regarding any issues in relation thereto. You assume all risks associated with use of your User Submissions, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Submissions that makes you or any third party personally identifiable. You may not state or imply that your User Submissions is in any way provided, sponsored or endorsed by Public Engines. By posting any User Submission, you grant to Public Engines and its Partners a perpetual, irrevocable, unlimited, royalty-free right and license, with the right to sublicense, to access, distribute, perform, display, use, modify, and create derivative works of such User Submission, upon submission of the User Submission, for the purpose of providing the Public Engines Service and to share your information with participating law enforcement agencies and/or public safety officials. You represent and warrant that you are the owner of such User Submissions and are authorized to grant the foregoing license. Public Engines reserves the right at all times to disclose any User Submissions, including any personal information, as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any User Submissions, in whole or in part, in Public Engines' sole discretion.
9. OWNERSHIP OF UTILITY, MUNICIPALITY OR LAW ENFORCEMENT AGENCY SUBMITTED CONTENT. Certain services or products offered by the Public Engine 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 Public Engines Services) is exclusively owned by that Participating Agency. Public Engines does not limit a Participating Agency's ability to make further use of its original information as it deems appropriate. Public Engines does not own a Participating Agency's original information. Unless otherwise required by the Participating Agency, Public Engines will provide the compilations of data created through Public Engines Services to the general public in accordance with the provisions of these TOU. If the Participating Agency has the right to cause Public Engines to archive (remove from view) and purge (remove from database) any or all of its data, then Public Engines shall comply with all such requests.
10. OTHER USERS. Each user is solely responsible for any and all of its User Submissions. User Submissions are not under the control of Public Engines and Public Engines is not responsible for any User Submission. Public Engines provides User Submissions only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the User Submissions. You use all User Submissions at your own risk. Your interactions with other users are solely the responsibility of you and such user. You agree that Public Engines will not be responsible for any liability, loss, or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
12. Responsibility for Review. If you direct Public Engines to store a User Submission on our networks, systems or servers and/or otherwise make a User Submission available via the Public Engines Services, you shall, and hereby do, agree and acknowledge that (a) Public Engines has no obligation to (but reserves the right to) edit, review, select, censor or otherwise control the publication of any User Submission, (b) all User Submissions are published by you and reside on Public Engines' systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any User Submissions uploaded, stored, published, or otherwise copied, distributed or displayed by Public Engines at your direction, and (d) Public Engines does not guarantee any confidentiality with respect to any User Submissions. Notwithstanding the foregoing, and in compliance with the DMCA and the CDA, Public Engines reserves the right, in its sole discretion, to refuse, remove or delete any User Submission at any time and for any reason.
13. WARRANTY DISCLAIMER. THE PUBLIC ENGINES SERVICES (INCLUDING PUBLIC ENGINES SITES, MOBILE APPS, the Content, and all other features on the PUBLIC ENGINES 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 PUBLIC ENGINES 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 PUBLIC ENGINES, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, PUBLIC ENGINES does not make any warranties that the Public Engines SERVICES will be uninterrupted, secure or error free, or that your use of the Public Engines SERVICES will meet your expectations, or that the Public Engines SERVICES is correct, accurate, or reliable. THE CONTENT PROVIDED ON the PUBLIC ENGINES SERVICES IS FOR CONVENIENCE ONLY AND PUBLIC ENGINES 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 PUBLIC ENGINES USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE PUBLIC ENGINES SERVICES OR ANY LINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PUBLIC ENGINES 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.
14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Public Engines, 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 Public Engines SERVICES. IN NO EVENT SHALL Public Engines' AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF Public Engines' AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR LIABILITY RELATED TO OR ARISING OUT OF these tou and/or THE Public Engines SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO Public Engines FOR ACCESSING THe public engines 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.
15. RELEASE. You hereby irrevocably and unconditionally release and forever discharge Public Engines (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 Public Engines 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."
16. Digital Millennium Copyright Act. Public Engines is committed to respecting and protecting the legal rights of copyright owners. As such, Public
Engines 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 Public Engines' 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 Public Engines Service. You acknowledge that in order for Public Engines to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
Public Engines, Inc.
ATTN: Copyright Agent
11814 Election Rd, Suite 100
Draper, Utah 84020
17. No Archive. Notwithstanding anything contained herein, the functionality provided to you by the Public Engines Services and our systems, networks and servers are not an archive and Public Engines shall have no liability to you or any other person for loss, damage, or destruction of any User Submissions. You shall be solely responsible for maintaining independent archival and backup copies of any User Submissions.
18. ADDITIONAL REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that (a) you have the power and authority to enter into these TOU; (b) you are at least eighteen (18) years of age, or you are at least thirteen (13) years of age and your parent has agreed on your behalf to these TOU; and, (c) you will only use the Public Engines Sites in accordance with these TOU.
19. INDEMNITY. You agree to indemnify and hold Public Engines 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 Public Engines Services, or (d) your violation of any law or the rights of a third party.
20. TERMINATION. These TOU will remain in full force and effect while you use the Public Engines Services, unless terminated described below. We may suspend your rights to use the Public Engines 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 Public Engines 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. The following Section will survive: 1, 2, 6-24.
21. IRREPARABLE HARM AND INJUNCTIVE RELIEF. The Public Engines Services and the information and content made available through such services is the result of significant investment by Public Engines 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 Public Engines Services, you hereby acknowledge and recognize the uniqueness of the services provided by the Public Engines Services and Public Engines' 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 Public Engines 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), Public Engines shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that Public Engines will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.
22. GENERAL. These TOU shall be governed in all respects by the laws of the State of Utah, 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 State of Utah, County of Salt Lake, USA, and further agree that any cause of action arising under or relating to these TOU or your use of any Public Engines Services shall be brought exclusively in such venue. Notwithstanding the foregoing, Public Engines 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 Public Engines arising under or relating to these TOU or your use of any Public Engines Services, in which Public Engines is the prevailing party, you agree that you will pay Public Engines' reasonable attorneys' fees in connection with Public Engines’ commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against Public Engines. 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." Public Engines' 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.
23. 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 Public Engines 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 Public Engines Site. These changes will be effective immediately for new users of the Public Engines 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 Public Engines 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.
24. APP STORE NOTICES
The following additional terms and conditions apply to you if you are using a Mobile App from the Apple App Store.
Any questions, complaints, or claims about these TOU should be addressed to email@example.com, or by mail to:
Public Engines, Inc.
11814 Election Rd, Suite 100
Draper, Utah 84020