iWitness
Terms of Use

PERPCAST INC. DBA iWitness

WEBSITE TERMS OF USE


Last Updated: July 28, 2012

Your use of the website at iWitness.com, and any other websites owned or operated by iWitness on which these Website Terms of Use are displayed (each, a "Website," and together, the "Websites") is subject to these Website Terms of Use (these "Terms of Use"). By using any of the Websites, you agree to be bound by, and use the Websites in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITES.

The terms "you," "your," and "yours" refer to you, the visitor to the Website. References to the "Website" are to the particular Website you are visiting. The terms "iWitness," "we," "us," and "our" refer to iWitness. We may periodically make changes to these Terms of Use. It is your responsibility to review these Terms of Use frequently and to remain informed of any changes to it. You agree that your continued use of the Website after such changes have been published to the Website shall constitute your acceptance of such revised Terms of Use.

License to Use the Website

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your personal use, and not for resale or further distribution. Your right to use the Website is limited by the terms set forth in these Terms of Use.

Except for your pre-existing rights and this license granted to you, we retain all right, title and interest in and to the Website, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Website; (b) rent, lease or sublicense access to the Website; nor (c) circumvent or disable any security or technological features or measures of the Website.

Additional Terms and Conditions

Your use of certain areas of the Website may be subject to additional terms, conditions, and policies that may be posted on the Website from time to time, and to your compliance with any additional iWitness terms and conditions to which you may be bound. Without limiting the foregoing, your use of iWitness's evidence recordation service (the "Service") is subject to the iWitness Terms of Service, and your use of the iWitness application for the iPhone operating system (the "Application") is subject to the terms and conditions of the Licensed Application End User License Agreement.

Access to the Website; Modifications to the Website

We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g., charges by internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. In no event will we be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

We also reserve the right to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability.

You must be 18 or older to register as a user or to use the Website.

Password Restricted Areas of the Website

Certain areas of the Website may be password restricted to authorized, registered users of the Service ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify iWitness if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify iWitness of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.

Restrictions

You must comply with all applicable laws and regulations when using the Website. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Website ("Website Content") or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your personal, noncommercial use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

Privacy Policy

We may collect registration and other information about you through the Website. Our collection and use of this information is governed by our Privacy Policy available in the Terms of Service section of the website.

Linking to our Website

Except as may be contemplated by features on the Website (e.g., features that allow you to send a link to an internal page on the Website to a third party), deep linking to internal parts of the Website, framing of the Website as part of other websites, and in-line linking or any other manner of incorporating parts of the Website as part of another website is not permitted without the prior written consent of iWitness.

Links and Third Party Content

The Website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Submissions

Website users may have the opportunity to post information and content to the Website, including comments, photographs, and videos. Any and all content expressed or made available by third parties on the Website, and any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties on the Website, are those of the respective authors or producers and not of iWitness or its shareholders, directors, officers, agents, or employees.

iWitness does not control the content posted by third parties via the Website and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will iWitness, its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that iWitness is free to use any photos, videos, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may transmit or otherwise post to the Site, or otherwise provide to us (each, a "Submission"), without any obligation to provide any further compensation, acknowledgement or payment to you, for the purposes of developing, modifying, and improving our Website and our products and services. Furthermore, by posting any Submission on the Website or otherwise transmitting a Submission to us, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.

Use Policies

You are solely responsible for any and all information and content that you upload, post, or otherwise transmit to the Website. You will not use the Website to: (a) upload, post, or otherwise transmit any information or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; (b) harm iWitness or third parties in any manner; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, or otherwise transmit any information or content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) upload, post, or otherwise transmit any information or content that infringes any third party's rights; (f) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (h) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (i) collect or store personal data about other users; or (j) access or download any information or content stored by or for any third party on the Website.

Feedback

iWitness may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Website or about iWitness's products or services ("Feedback"). You agree that iWitness may, in its sole discretion, use the Feedback you provide to iWitness in any way, including in future modifications and additions to the Website and to iWitness's products and services. You hereby grant iWitness a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose without any requirement to obtain permission or to provide compensation or attribution of any kind.

Disclaimer of Warranties

YOUR USE OF THE APPLICATION, THE SERVICE, THE WEBSITE, AND ANY CONTENT MADE AVAILABLE ON THE APPLICATION, THE SERVICE, AND THE WEBSITE (COLLECTIVELY, "SERVICE CONTENT") ARE AT YOUR SOLE RISK. THE APPLICATION, THE SERVICE, THE WEBSITE, AND THE SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. iWitness AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. iWitness AND ITS SUPPLIERS AND LICENSORS DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, RELIABILITY, OR USEFULNESS OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR THE SERVICE CONTENT, AND YOU USE THE APPLICATION, THE SERVICE, AND THE WEBSITE, AND RELY UPON THE SERVICE CONTENT, AT YOUR OWN RISK. IWITNESS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE, THE APPLICATION, OR THE WEBSITE, OR YOUR ACCESS TO ANY SERVICE CONTENT. IWITNESS GIVES NO WARRANTY RELATING TO THE AVAILABILITY, SUITABILITY, OR ACCURACY OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR THE SERVICE CONTENT, OR THE MAINTENANCE OF THE SYSTEMS OR NETWORKS USED BY THE APPLICATION, THE SERVICE, OR THE WEBSITE TO STORE, TRANSMIT, AND SERVE DATA.

ANY SERVICE CONTENT THAT YOU CAPTURE OR OBTAIN THROUGH THE APPLICATION, THE SERVICE, OR THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, LOSS OF DATA, OR OTHER DAMAGES THAT MAY ARISE FROM YOUR CAPTURE OR USE OF ANY SERVICE CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IWITNESS OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

iWitness AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IWITNESS OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THE APPLICATION, THE SERVICE, THE WEBSITE, AND THE SERVICE CONTENT.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ALL KINDS OF IWITNESS AND ITS SUPPLIERS AND LICENSORS ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT, IF ANY, THAT YOU HAVE PAID TO iWitness FOR YOUR USE OF THE APPLICATION AND THE SERVICE.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold iWitness, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Website or Website Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Website or Website Content.

Trademarks

iWitness, the iWitness logo, and any other product or service name or slogan contained on the Website are our trademarks as well as trademarks of our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission by the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, or recommendation thereof, or vice versa.

Updates to this Website and License Agreement

We may occasionally update the Website and these Terms of Use. When we do, we will revise the "last updated" date on these Terms of Use. You should check this Website and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Use will be governed by the laws of the State of Washington, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the State and Federal courts located in King County, within the State of Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of iWitness to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by iWitness in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting iWitness

If you have any questions or concerns about the Website or these Terms of Use, please send us a thorough description by email to info@iwitness.com, or write to us at:

iWitness
Attention: Website Issues
205 Marion St.
Seattle, WA 98104
Copyright © 2014 iWitness All rights reserved.