TERMS AND CONDITIONSLast Update: March 2016
This document outlines the terms and conditions for proper use of the CrimeMapping.com "App" for the iOS platform ("App"), an application owned and operated by The Omega Group Inc. (a TriTech Systems Software company). These Terms and Conditions constitute an agreement between you ("User") and The Omega Group Inc., including its affiliates (collectively, "Omega"). By accessing or using this App and/or its affiliated services, you accept and agree to these TOU and agree to be bound by the terms set within. If you do not agree with the provisions set forth in these TOU in full or in any part, you must cease your usage of the App and uninstall it from your iOS device immediately and terminate all use of this App and/or affiliated services.
Through this App and its affiliated services, Omega provides the User with access to a variety of resources, data and content (collectively, "Omega Services"). Omega Services are provided to the User subject to the following TOU, which may be updated over time without expressed notice to the User. The currently posted TOU within this App will stand as the current usage agreement between the User and Omega.
- The CrimeMapping.com App is designed to facilitate the dissemination of non-sensitive information regarding criminal events occurring in the past from official law enforcement agencies to the general public. This App is not designed to, nor does it provide or facilitate, any form of communication between the User and any law enforcement or public safety agency or organization. As such, the App cannot be used as a primary means or any form of alternative means for contacting 9-1-1 emergency services by telephone or otherwise. If you (the User) need to report an emergency situation or wish to provide important, time-sensitive crime information to a law enforcement official, please contact your local law enforcement agency by either dialing 9-1-1 emergency services on your telephone or by using any other form of permissible communication as indicated by your local law enforcement or public safety agency. The User is solely responsible for procuring such emergency services on their own behalf and expressly, irrevocably and unconditionally releases Omega from any claims related to your failure to independently obtain or use such services.
- Omega Services are provided through the App as a public resource sponsored by one or more law enforcement or public safety agencies. All data displayed within the App or provided through Omega Services has been gathered through legitimate means with the cooperation, knowledge and consent of the law enforcement or public safety agencies listed within the App. All data displayed within the App is extracted and processed from official law enforcement data sources and is subject to approval and release of said data by the source law enforcement agency and/or its officials. No data appearing within the App is sourced from private, commercial, or non-official public sources.
- The App contains links to websites operated by third party providers ("Linked Sites"). Linked Sites are not under Omega's control, and Omega is not responsible for content (regardless of how it is transmitted or received) or services provided by third party provider(s) websites. Any Linked Sites provided within the App do not imply an endorsement, affiliation, or sponsorship of any kind, and do not represent warranties of the quality of services provided by such third party provider(s). By using the App 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 Omega for any damages or losses whatsoever resulting from such use.
- You acknowledge and agree that the availability of this App is dependent on the third party from which you downloaded/received it (the Apple "App Store"). You acknowledge that these TOU are between you and Omega and not with the App Store. You agree to pay all fees (if any) charged by the App Store in connection with downloading or using the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, TOUs, and other policies of the App Store and any other applicable third parties. You represent and warrant that your use of Omega Services does not violate any applicable laws or regulations. You acknowledge that the App Store is a third party beneficiary of these TOU and will have the right to enforce these TOU.
The App, its components and content including software, names, domain names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing within the App are the property of Omega and/or its suppliers and business partners ("Partners"), and are protected by U.S. and international copyright and other intellectual property laws. "The Omega Group, Inc." and "CrimeMapping.com" are trademarks of Omega. The names of other companies and products that may be listed within the App may be the trademarks of their respective owners. Omega and/or its Partners retain all rights with respect to Omega Services, except those expressly granted to you in these TOU. The User does not acquire ownership rights of any kind to Omega Services. Except as expressly provided herein, no Omega Services shall be construed as conferring any license under Omega's and/or its Partners' intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Omega may revoke any of the foregoing rights and/or your access to Omega Services, or any part thereof, at any time, at its sole discretion, and without prior notice.
Any data or information related to criminal events within the App remains the sole property of the law enforcement or public safety agency ("Agency") from which the individual record of information was obtained. The Agency retains full ownership and control over the data they choose to contribute to the App and grant Omega a provisional use of that data for dissemination to the User. The provisional use of this data granted to Omega by any Agency does not extend or transfer to the User at any time or for any purpose other than those expressly defined herein these TOU. The Agency reserves its right to contribute data subject to its ownership in part or in full and to retract and/or remove data subject to its ownership in part or in full, at any time, at its sole discretion, and without prior notice to the User. The App is not intended or designed as and shall not be used as a resource, conduit, source, repository, access point or by any other means or description, a method for any Agency to fulfill any and all requests it may receive regarding the release of data that may be subject to the provisions of the Freedom of Information Act (FOIA). It is the sole responsibility and discretion of the Agency to fulfill such requests directly with the requesting party, independently from the App, Omega Services, Omega and/or its Partners.
4. ACCEPTABLE AND PROHIBTED USES
At its sole discretion, Omega agrees to allow access to and usage of the App and to any related or included Omega Services for private, personal use only, provided that the User adheres to the conditions set forth in these TOU at all times.
As a condition of your permitted use of the App and/or Omega Services, you will not use or attempt to use the App and/or Omega Services for any purpose expressly defined as a prohibited use or engage in any other behavior or act listed here below as a prohibited use of the App and/or Omega Services:
- Use of the App and/or Omega Services for any purpose that is considered unlawful;
- Use of any component of the App and/or Omega Services for commercial use, business purposes, or in any other such manner with the intent of financial or monetary gain or to inhibit, prevent, interfere, or degrade Omega's ability to use the App or Omega Services for its own commercial purposes;
- Use of any criminal event information and/or data displayed within the App and/or Omega Services for commercial use, business purposes, or in any other such manner with the intent of financial or monetary gain or to inhibit, prevent, interfere, or degrade Omega's ability to use the App or Omega Services for its own commercial purposes;
- Any attempt to alter, remove or obscure any copyright notice, trademark, digital watermarks, Omega branding, logos, or any other proprietary rights notices within the App and/or Omega Services;
- Accessing the App, Omega Services, or criminal event information and/or data displayed within the App through any means other than using the App and/or Omega Services as a typical software application on the iOS platform or in a standard web browser application;
- Any attempt to manually or systematically harvest, scrape, or accumulate criminal event information and/or data provided by the App and/or Omega Services for any purpose;
- Reverse-engineering, decompiling, directly accessing, disassembling and/or hacking the App and/or Omega Services for any reason or purpose;
- Any use of the App and/or Omega Services that makes the App and/or Omega Services inaccessible or unusable due to slow performance for other Users;
- Use of the App and/or Omega Services to 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;
- Any attempt to intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak the User's identity, Internet Service Provider, or IP address;
- Transmitting 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;
- Interfering with or disrupting the integrity of any data or computer-based information or any servers or networks connected to the App and/or Omega Services;
- Use of the App and/or Omega Services for illegal, improper, or inappropriate purposes (including, but not limited to, defamation or harassment of others, distribution of obscene or indecent material, stalking, or distribution of content in violation of the proprietary rights of others);
- Any attempt to sell, rent, lease, lend, time-share, assign, or transfer any right to use the App and/or Omega Services to any third party;
- Storing the results derived from your use of the App and/or Omega Services for the purpose of creating a value-added, web-enabled application or App that you intend to resell, license, or otherwise distribute to third parties without the prior express written permission of Omega;
- Creating derivative websites, Apps or services to thereafter resell or otherwise distribute the App and/or Omega Services as your own website, App or service;
- Re-formatting the App and/or Omega Services in an attempt to mirror and/or make commercial use of the Omega App. Any of the above, whether merely attempted or successfully executed, are a material breach of these TOU and may subject the User to legal action where applicable.
The App and Omega 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, data accuracy, systems integration or non-infringement. Should applicable law not permit the foregoing exclusion or express or implied warranties, then Omega 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 Omega, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Omega does not make any warranties that the Omega Services will be uninterrupted, secure, free from error, free of viruses or other harmful devices, or that your use of the App and Omega Services will meet your expectations, or that any content found within the App or through Omega Services is correct, accurate, or reliable. The content provided within the App and through Omega Services is for convenience only and Omega 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 Omega User, third-party, or other entity made available through the App or Omega Services or any Linked Sites or where featured in any banner or other advertising. Omega will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers for products and services.
6. LIMITATION OF LIABILITY
Under no circumstances, including but not limited to breach of contract, tort or negligence, will Omega or its affiliates and partners be liable for any direct, 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 App or Omega Services. In no event shall Omega's aggregate liability, or the aggregate liability of Omega's affiliates and partners, to you for any loss, damage, or liability related to, or arising out of, these TOU and/or the Website or Omega Services, exceed the total amount paid by you to Omega for downloading or accessing the App or Omega Services. Some jurisdictions do not allow the limitation or exclusion or 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 agree to indemnify and hold Omega 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 App and/or Omega Services, or (d) your violation of any law or the rights of any third party.
8. IRREPARABLE HARM AND INJUNCTIVE RELIEF
The App, Omega Services, and the information and content made available through such services is the result of significant investment by Omega 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 App and/or Omega Services, you hereby acknowledge and recognize the uniqueness of the services provided by Omega and Omega's substantial investments in such services as described herein, such that a violation of these TOU by you will result in irreparable harm to Omega for which monetary damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of these TOU (including any rules), Omega shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that Omega will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.
9. 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 or legal guardian has agreed on your behalf to these TOU; and, (c) you will only download and use the App and/or Omega Services in accordance with these TOU.
These TOU and the documents referred to herein represent the entire understanding and constitute the whole agreement in respect to their subject matter and supersede any previous agreement between the parties thereto. These TOU shall be governed in all respects by the laws of the State of California (United States of America) without giving effect to its conflict of law 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 California, County of San Diego, and further agree that any cause of action arising under or relating to these TOU or your use of any Omega Services shall be brought exclusively in such venue. Notwithstanding the foregoing, Omega 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 Omega arising under or relating to these TOU or your use of any Omega Services in which Omega is the prevailing party, you agree that you will pay Omega's reasonable attorneys' fees in connection with Omega's commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against Omega. 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. Omega's 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.