PhantomALERT Inc. TERMS AND CONDITIONS
Last Updated: November 8, 2011
The following Terms and Conditions (the "Terms") govern your use of the PhantomALERT Service, including via mobile application, and your use of our website, available at http://www.PhantomALERT.com
(collectively, the "Service"). PhantomALERT website, traffic camera feed, datasets and apps are services provided by PhantomALERT Inc.
By accessing and/or using the Service, you acknowledge and agree to all of these terms and conditions. If you do not or cannot agree to the Terms, you may not use the Service. PhantomALERT reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Service from time to time. Such changes shall be effective immediately and incorporated into these Terms upon notice thereof, which may be provided by any reasonable means including by posting to our website or display in the mobile application. Your continued use of the Service following such notice will be deemed to constitute acceptance of the updated Terms. Changes will not be applied retroactively.
Some portions of the Service require registration. If you choose to register, you agree to provide complete, accurate, and current registration information. If we believe the information you provide is not complete, accurate, and current, we may, at our sole discretion, terminate access to the Service, in addition to any other remedies available under these Terms or applicable law.
You must provide a password in conjunction with a unique user name or email address in order to gain access to the Service. You represent and warrant that you will not disclose to any other person your password and that you will not provide access to the Service to anyone. You are solely responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your registration credentials. You agree to immediately notify PhantomALERT Inc. of any unauthorized use of your registration credentials or any other breach of security. You are liable and responsible for any unauthorized use of the Service using your credentials until you notify PhantomALERT Inc. by e-mail regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of these Terms.
OUR CONTENT AND INTELLECTUAL PROPERTY
PhantomALERT®, Virtual Radar®, Caravan®, Patrol®, and the police car logo are registered trademarks of PhantomALERT Inc.
All information, including, without limitation, maps, text, data, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, service marks, and all HTML, CGI and other codes and scripts in any format used to implement and/or display the Service (all collectively "Content") are the property of PhantomALERT Inc., its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international copyright, trademark, and other proprietary rights and intellectual property rights laws. Unless expressly permitted under intellectual property law, you may not copy, modify, upload, download, decompile, disassemble, transmit, republish, or otherwise distribute any Content from the Service, either directly or by use of a robot, spider, or other similar manual or automated device or process except as otherwise expressly permitted by these Terms or with the written permission of PhantomALERT or the applicable rights holder. Additionally, you agree not to take any steps to violate the applicable copyrights, trademarks and/or patents protecting the Content. All rights that are not expressly granted herein are reserved.
Subject to these Terms, PhantomALERT Inc. grants you a limited, non-exclusive, nontransferable license to access the Service, materials and/or Content contained in or made available through this Service, solely for your private, personal, non-commercial use. This is a license to display, use and access the Service for its intended purpose and is not a transfer of title. You may use the Service only for purposes expressly permitted herein. Unauthorized use of the Service or any of the materials and/or Content contained therein terminates this limited license effective immediately.
You may not, without limitation: (a) duplicate the Service or any of the materials and/or Content contained therein; (b) create derivative works based on the Service or any of the materials and/or Content contained therein; (c) use the Service or any of the materials and/or Content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; or (d) distribute the Service or any of the materials and/or Content contained therein. You may, however, use the Service's Twitter and Facebook integration to make materials you post available on those platforms. You also may not: (i) remove any copyright or other proprietary notices from the Service and/or Content contained therein; (ii) use any meta-tags or any other "hidden text" containing the PhantomALERT marks; (iii) "deep-link" to any page of any of the Service (including the homepage); (iv) circumvent any encryption or other security tools used anywhere on the Service (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Service); (v) use any data mining, robots or similar data gathering and extraction tools on the Service; (vi) decompile, reverse engineer, modify or disassemble any of the software aspect of the Service and/or Content, except and only to the extent permitted by applicable law; or (vii) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials and/or Content or any of your rights to access and use the materials and/or Content as granted above. You agree to cooperate with PhantomALERT Inc. in causing any unauthorized use to cease immediately.
You hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Service or other services included on the Service. You are solely responsible for material you submit, including any material that violates any local, state, national, or international laws even if a claim arises after your service is terminated. Uploading such material shall constitute a material breach of these Terms and shall terminate all your rights under these Terms.
You are responsible for complying with all applicable laws, and agree not to use PhantomALERT or any function thereof in any jurisdiction where such use is prohibited.
You acknowledge, consent and agree that PhantomALERT Inc. may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any material violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of PhantomALERT Inc., the Service, its users and the public.
MATERIALS YOU POST
Materials you post for all user access. By using the Service, you may have the opportunity to contribute to our community by posting location information, photos, video, and other materials to open areas of our Service. You grant PhantomALERT Inc., its parents and affiliates, successors, and designees a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such materials (in whole or in part) and to incorporate such materials into other works in any format or medium now known or later developed.
Materials you post to selected users or on your profile. You may also have the opportunity to post text, audio, video, and other materials in conjunction with your user profile, or to a limited audience such as your friends and family. For such materials, you grant PhantomALERT Inc., its parents and affiliates, successors, and designees a world-wide, royalty-free, and non-exclusive license to use distribute, reproduce, modify, adapt, publicly perform and publicly display such materials in conjunction with the Service solely to enable the materials to be displayed and shared via the Service. This license exists only for as long as you elect to continue to include such materials on the Service and will terminate at the time you or we remove the materials from the Service.
You agree that you will only post materials that you are authorized to post, and for which you are able to grant the aforementioned licenses.
You agree not to post, submit, publish, display, disseminate, or otherwise communicate any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material that would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. You further acknowledge and understand that transmission or publication of any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and that your transmission or publication of such material shall constitute a material breach of these Terms entitling PhantomALERT Inc. or its designees to immediately terminate Your right to access or use the Service without notice.
You agree that you will exercise appropriate care to post accurate information to public areas of the Service. If PhantomALERT Inc. or its designee believes, at its sole discretion, that you have intentionally posted false or misleading information for availability to other users, then your access to the Service may be disabled or terminated.
You acknowledge and agree that you, and not PhantomALERT Inc., shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, for anything that you submit, publish, display, disseminate or otherwise communicate through the Service even if a claim for damages or liability should arise after termination of service.
We reserve the right, but not the obligation, to remove or disable access to any material or activity accessible on or from the Service that we, in our sole discretion, believe violates these Terms or is otherwise inappropriate for the Service.
You understand and agree that materials you submit may be accessible to other users and may not be secure or private.
You acknowledge and agree that your actions can result in you and/or third parties incurring additional charges, fees and/or costs for messages transmitted to your cellular telephone or theirs. You agree that you are solely responsible for any and all charges and/or fees that result from your use of this Service. You further agree to indemnify and hold PhantomALERT Inc., and its officers, directors, employees, licensees, vendors, attorneys, insurers, and affiliated companies harmless from any and all costs, demands, claims, actions, damages, and liability arising from and/or relating to such cellular telephone messaging charges, fees and/or costs.
For maps, data sets and traffic camera data, "lifetime" is defined as the life of the product or 3 years, whichever is reached first, or until the device manufacturer, PhantomALERT, map and traffic camera feed providers no longer receive relevant updates of data.
For premium alerts, "lifetime is defined as the life of the app.
PhantomALERT safety and enforcement alerts and live traffic camera feeds require data or Wi-Fi connectivity.
Cellular reception required for real time updates, alerts and searches.
You may terminate your registration and access to the Service by request at any time. You agree that PhantomALERT Inc. and its designees may, without prior notice, immediately terminate or limit your access to the Service. Cause for such termination or limitation of access may include, but not be limited to, (a) violation of these Terms or other associated terms and conditions or guidelines for use, (b) request by law enforcement or other government agencies, (c) discontinuance or material modification of the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Service. You agree that all terminations and limitations of access for cause shall be made in the sole discretion of PhantomALERT Inc. and its designees, and that PhantomALERT Inc. and its designees shall not be liable to you or any third party for any termination or limitation of your access to the Service.
MODIFICATION OF SERVICE
PhantomALERT Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PhantomALERT Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PhantomALERT Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS SOLELY AT YOUR OWN RISK. THE SERVICE AND ALL MATERIALS AND/OR CONTENT CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PHANTOMALERT INC., ITS PARENTS AND AFFILIATES, SUBSIDIARIES, OFFICERS, PARTNERS, LICENSORS, AND DESIGNEES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR ANY MATERIALS AND/OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL, AND/OR SOFTWARE, AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. YOU UNDERSTAND THAT PHANTOMALERT INC. CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AND/OR INFORMATION AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. PHANTOMALERT INC. DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PHANTOMALERT INC. (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, LOSS OF DATA, OR DAMAGE TO ANY HARDWARE DEVICE USED IN CONNECTION WITH THIS SERVICE, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF PHANTOMALERT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PHANTOMALERT INC.'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICE FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold PhantomALERT Inc. and its officers, directors, shareholders, employees, independent contractors and agents, harmless from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Service or any of the materials and/or Content contained therein, or your breach of any of the terms and conditions set forth in these Terms. PhantomALERT Inc. shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. PhantomALERT Inc. may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
Some websites that are linked to the Service are owned and operated by third parties. Because PhantomALERT Inc. has no control over such sites and resources, you acknowledge and agree that PhantomALERT Inc. is not responsible for the availability of such external sites or resources, and do not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PhantomALERT Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
NOTICE OF CLAIMED INFRINGEMENT
If you believe that your intellectual property rights have been violated with information and/or content made available on the Service, please provide our Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send your Notice of Claimed Infringement to: PhantomALERT Inc., Att'n: Copyright Agent, P.O. Box 1247 Washington DC 20013. Please do not send other inquires or information to our Designated Agent.
PhantomALERT Inc. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of nature, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay PhantomALERT Inc.'s performance.
GOVERNING LAW AND VENUE
These Terms and all matters arising out of or otherwise relating to these Terms shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms. You hereby submit to the personal jurisdiction of the state and federal courts of the State of California, County of San Diego. Exclusive venue for any litigation permitted under these Terms shall be with the state and federal courts located in San Diego County.
NO TRANSFER; NO RIGHT OF SURVIVORSHIP
You agree that your access to the Service, including any materials associated with your registration information, is non-transferable and any rights to your registration or such materials terminate upon your death.
WAIVER AND SEVERABILITY
The failure of PhantomALERT Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of these Terms will continue in full force and effect.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
These Terms constitute the entire agreement between the parties with respect to your access and use of the Service and the materials and/or Content contained therein, and supersede and replace all prior versions of these Terms. Certain features and downloads associated with the Service may be subject to additional terms and conditions.
STATUTE OF LIMITATIONS
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section titles in these Terms are for convenience only and have no legal or contractual effect.
To reach us with questions or to report a breach of security or violation of these Terms, please visit our Contact page at http://www.phantomalert.com/contact-phantomalert.html