TERMS AND CONDITIONS
Last updated: 4 March 2019
This website, BusyCop.com (the “Site”), is owned and operated by Greeble Software, LLC (“us”, “we”, “our”, or “Website Owner”). As a user of the Site and any service we provide, such as the BusyCop Dashcam/BusyCop Dashcam UK software (the “App”), you agree to be bound by these Terms and Conditions.
Use of the App, the Site, or any other service we may provide is limited to persons 18 years of age or over. If you are under the age of 18, you are not permitted to use this Site, or register a device or user account to use our services.
1.1 Report (or “Safetygram”): A collection of multi-media data (typically including audio, video, and GPS) associated with a single submission to the Site, via either the App, or a manual file upload. A report is usually intended to document an event occurring on the roadways.
1.2. Report Annotations: The vehicle description and other selections that pertain to one particular Report, usually submitted via the “Report Annotations” dialog.
1.3 Comment: A submission made to any area of the Site or our services labeled as a “Comments” section.
1.4 Content: The data, in whole or in part, contained on the Site, which may include among other things:
· Report Annotations;
· Comments submitted to the Site or our services; or
· Any other data not dealing exclusively with the account information of an individual user which is submitted to the Site, whether via the App, or any other method.
1.5 User: A person that uses the Site and any services which we provide, such as the App.
2. Your Relationship with Greeble Software, LLC.
2.1 As a user of the Site and any services such as the App, you acknowledge and agree that you have read and understood this agreement and willingly enter into and accept the terms contained herein.
2.2 Referenced Documents
a. The following documents are hereby incorporated by reference:
ii. The BusyCop.com Content Policy (“Content Policy”), available at .
iii. The Google Play Terms of Service, available .
b. Before you use the Site or our services, you should read each of the above documents in addition to this agreement.
3. Privacy and Personal Information.
4. Compliance with the Content Policy.
4.1 Removal. Submitted Content that does not, in our judgment, comply with the is subject to immediate removal.
4.2 Account Suspension. Users who submit Content which does not comply with the Content Policy are subject to having their accounts suspended.
4.3 Authority. We have the authority to police the site for Content that violates the Content Policy. We reserve the right to arbitrarily & capriciously remove, alter, or suppress content, at our sole discretion, and at the time of our choosing. Determination of the compliance of each item of Content is at our sole discretion. Although we do strive to minimize non-compliant Content, we do not have an obligation to remove, within any particular timeframe, Content that violates the Content Policy.
4.4 Accounting. If a Report is cancelled or removed due to its content, we reserve the right to not credit the account of the user, even if the Report was charged against a paid account, and even if the Report was cancelled, or its transmission interrupted, by either party, before it finished uploading.
5. Not an Emergency Notification Service. While we may periodically engage in monitoring Content, this monitoring is in no way to be interpreted as an expectation that we will monitor for or report to the authorities any emergency or dangerous situation. If you witness or become aware of an emergency or dangerous situation, you are encouraged to take any legal and reasonable steps to notify the appropriate authorities, at your discretion.
6. Permissible Use
6.1 Good Faith Usage. The Site and our services are intended to help people share information about other vehicles on the road by making Reports on those vehicles available to a wide audience, by organizing those Reports, and by associating those Reports with the correct vehicle. You agree to make the submission of your Content in a good faith furtherance of these goals.
6.2 Driving. You must not use any part of the Site or our services while operating a motor vehicle, except those features that are explicitly designed for that purpose. You agree to follow all applicable laws, whether in the USA or another jurisdiction, when using the Site or our services, and to avoid engaging in behavior that places yourself or others at an increased likelihood of injury. We shall not in any way be responsible for any incident(s) s due to your use of any part of the service.
6.3 Stalking. You may not use any part of the Site or our services to stalk others.
6.4 Reverse Engineering. You may not attempt to reverse engineer any part of the Site or our services. For the avoidance of doubt, all intellectual property of the Site, the App, and related services is owned by Greeble Software, LLC.
6.5 Disruption and Compromise. You may not attempt to disrupt others’ use of the Site or our services, or attempt to compromise data stored within the Site or our services.
7. Refusal of Service. We have the right to refuse or limit your access to the Site or our services, for any reason, or for no reason whatsoever.
8. Google Play. The Site and our services use products sold via Google Play. In particular, refunds and returns are handled by Google Play, not us. We may coordinate with Google Play with respect to certain types of refunds. By using the Site or our services, you agree to abide by the terms of the Google Play Terms of Service.
9. Unauthorized Access to Accounts. You must keep your user details secure and must not share them with anyone else.
10. Responsibility for Data Usage Fees. We are not, under any circumstances, responsible for data usage fees charged to you by your internet service provider.
11. Functionality Available Based on User Type. Users that have a valid account in good standing on the Site (“Registered Users”) may have options to perform additional functions that other users (“Unregistered Users”) cannot. Additionally, you understand that performance and functionality may be limited by your hardware.
13. No Obligation for Display or Retention. We are not obligated to publicly display any Content you submit, or to retain your Content for any particular length of time. We may arbitrarily and capriciously determine when to remove Content from the Services. Reports made from the “Training Mode” of the App are made without any guarantee that they will be preserved, listed, or even mentioned on the Site or our services.
14. Infringement Acknowledgement: You acknowledge and agree that in the event of a third party claim, of any kind and for any reason using any cause of action, that You (and not us) will be responsible for the investigation, defense, settlement, and discharge of any such claim or matter.
15. License: You grant us a perpetual, irrevocable, worldwide non-exclusive license to all Content (including but not limited to Reports, Report Annotations, or Comments) that You submit to the Site or our services. This license shall be sub-licensable, royalty-free, and without limit on purpose.
16. Attribution: You are granted license to reproduce and redistribute Content retrieved from the Site, provided that you give attribution to BusyCop.com with a statement, adjoining the content, such as “Courtesy: BusyCop.com”, or “Provided by BusyCop.com”.
17.1 NOTHING IN THIS AGREEMENT, INCLUDING SECTIONS 17 AND 18, WILL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE OR OUR SERVICES AND RELATED CONTENT IS AT YOUR SOLE RISK AND THAT THE SITE, THE APP, AND ANY OTHER SERVICE WE MAY PROVIDE ARE PROVIDED "AS IS." NEITHER GREEBLE NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. GREEBLE MAKES NO WARRANTY (i) THAT THE SITE, THE APP, OR ANY OTHER SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THAT THE SITE, THE APP, OR ANY OTHER SERVICE WILL BE ERROR-FREE OR BUG-FREE, (iii) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SITE, THE APP, OR ANY OTHER SERVICE, (iv) THAT ANY ERRORS IN THE SITE, THE APP, OR ANY OTHER SERVICE WILL BE CORRECTED, AND (v) REGARDING THE RESULTS OR OUTPUT OF THE SITE, THE APP, OR ANY OTHER SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. GREEBLE MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY COMPONENTS OF THE SITE, THE APP, OR ANY OTHER SERVICE.
17.3 ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING THE SITE, OUR SERVICES, OR ANY CONTENT.
17.4 NO CONTENT, ADVICE, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SITE OR OUR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
18.1 SUBJECT TO SECTION 17.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES);
ANY LOSS OF REVENUES OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION;
ANY LOSS OF DATA;
ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES;
ANY INTANGIBLE LOSS; OR
ANY LOSS OR DAMAGE AS A RESULT OF:
a. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE OR OUR SERVICES;
b. ANY CHANGES THAT WE MAY MAKE TO THE SITE OR OUR SERVICES, OR ANY PERMANENT OR TEMPORARY DISCONTINUATION OF THE SITE OR OUR SERVICES (OR ANY FEATURES WITHIN THE SITE OR OUR SERVICES);
c. THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR OUR SERVICES;
d. YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
e. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
18.2 THE LIMITATIONS ON OUR LIABILITY IN SECTION 18.1 ABOVE WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES
19.1 You agree to defend and indemnify us against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from either:
a. Your use of the Site or our services or the Content; or
b. Your Content.
19.2 You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. We reserve the right, at our own expense, to assume the exclusive control and defense of any indemnified matter under this Section 19.
20. Copyright Policies; Content Removal; Termination of Repeat Offenders’ Accounts. It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to suspend the accounts of offenders.
21. Third Party Content.
21.1 The Site or our services may include hyperlinks to other websites or content or resources. We have no control over any websites or resources that are provided by companies or persons other than us. You understand and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products, or other materials on, or available from, such websites or resources.
21.2 You understand and agree that we are not liable for any loss or damage that you may incur as a result of the availability of those external sites or resources, or as a result of any reliance by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.
22. General Legal Terms.
22.2 Assignment. We may assign any part of this agreement without the written consent of the User.
22.3 No Waiver. We will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this agreement. A waiver will be effective only if we expressly state in a writing signed by our authorized representative that we are waiving a specified term or condition.
22.4 Entire Agreement. This agreement sets out all terms agreed to between the parties and supersedes all other agreements between the parties relating to its subject matter.
22.5 Severability. If any part this agreement is invalid, illegal, or unenforceable, the rest will remain in effect.
22.6 Equitable Relief. You understand and agree that damages for improper use of the Site or our services may be irreparable or immeasurable; therefore, we are entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies we may have.
22.7 Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
22.8 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY RELATED SERVICES WILL BE GOVERNED BY TEXAS LAW, EXCLUDING TEXAS’ CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF BEXAR COUNTY, TEXAS, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
22.9 Compliance with Laws. You are responsible for complying with all applicable laws, regulations and codes of practice in your use of the Site, the App, and any other services, including and any results derived from the Site, the App, and any other services.
This document is in part a derivative of the “Google Maps API Terms of Service”, by Google, located at . It is licensed under the , by Greeble Software, LLC.