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Welcome to FOTOWARRIOR, www.fotowarrior.com (“Site”), a website owned by Photo Citation LLC (also known as PC LLC). The following Terms of Service, along with the other Site policies on this page, including the Privacy Policy, serve as an agreement between you as the user (“FotoWarrior”) and the Site and its owner.
By using this Site you represent that are you at least 18 years of age and have the legal capacity to enter into a binding agreement. Your continued use of the Site through access or viewing is an acknowledgment that you have reviewed, understand, and agreed to these terms. If you do not agree to be bound by these terms, please discontinue your use of the Site.
This Site is intended primarily for the purposes of obtaining video footage of motor vehicle driver behavior as it relates to safety and the rules of the road. It is intended to be a tool that helps educate people on safe driving practices and driving with etiquette, which helps to avoid confrontations with other drivers.. In operating the Site, you may have the option to join the mailing list, register for an account, and upload your content. Any improper or unauthorized use of the Site is prohibited.
By using the Site, you agree not to exploit any of the features of the Site, including contact forms, file uploaders, or other means of communication, to post any of the following: unlawful information, including anything of an obscene, defamatory, threatening or harassing manner, or anything that encourages another to post such information; unauthorized advertisements, including solicitations and spam; unauthorized disclosure of others’ private or personal information; any content that infringes on the rights of others including, but not limited to, copyrights, trademarks, licenses, or contract right; any information that you know to be false or that is likely to mislead others; and anything that would constitute or encourage the commission of an illegal act.
In addition to the above, you agree to the following basic terms:The Site owner has complete discretion in the availability of this Site and its accessibility to Fotowarriors. At any time, the Site owner can immediately limit, discontinue, block, or suspend your use of the Site for any reason, without notice.
To participate in the FotoWarrior Site, you will be required to create a User Account. By creating an account, you certify that all information provided in the account creation process is true and accurate.
FotoWarriors will be completely anonymous to any individual or entity outside of PC LLC.
The Site will only accept videos that are considered “quality videos” per these terms and conditions. A quality video is one that is clear and concise and demonstrates an infraction of the rules or the road or show another driver’s disregard for the safety of other drivers or pedestrians.
The video must show an unobstructed and clear view of the license plate accompanied by a photo or video of the driver or the fact the that the car’s driver window is blacked out through tinting.
All videos submitted to the Site must be accompanied by an information report. The information report must be filled out completely and electronically signed. No videos will be accepted without this report.
If two or more videos are received at approximately the same time of the same infraction, the video with the earlier timestamp will be credited for the submission and be paid according to the Payment Terms. However, in the event that the earlier video violates these Terms and Conditions, the Site reserves the right to choose the next chronological video that meets its submission requirements.
PC LLC is responsible for supplying the video content to the districts and PC LLC will take steps to verify the authenticity of videos through audits conducted by third-parties. Auditing will be performed on a random sample of video content on a regular basis by PC LLC’s third party verification service.
As a precursor to any payments or credits being rendered, a particular jurisdiction must join the FotoWarrior program. Once the jurisdiction joins the program, it will be placed on the Open List for submissions of infractions taking place in that jurisdiction. Only once a jurisdiction has joined the FotoWarrior program will any prior credits be paid out to an individual FotoWarrior. All districts are considered closed unless they are specifically listed on the open jurisdictions posting on the site.
Any quality videos submitted and accepted for closed jurisdictions will receive one (1) credit. Credits can be accumulated by the FotoWarrior in closed districts, but cannot be transferred to open jurisdiction. During the accumulation period while the jurisdiction is closed, the credits do not have any monetary value and no payments will be made. When a closed jurisdiction becomes an open jurisdiction, then the credits can be redeemed for their cash equivalent under the following conditions:
Once these requirements are met, the FotoWarrior will receive their standard share for the new video submitted. The standard share is 50% of the payment that PC LLC receives from the district under the program contractor.
In addition to the standard share for the new video, once these requirements are met, PC LLC will also begin to compensate the FotoWarrior for their accumulated credits in the now open district. One (1) accumulated credit in a closed district is equivalent to $5.00 in the open jurisdiction.
The FotoWarrior will be able to redeem one (1) accumulated credit per new quality video that results in a guilty verdict and payment of a fine in the open jurisdiction pursuant to the list of requirements above. This process will continue until the FotoWarrior’s accumulated credit balance reaches zero, then future payments will be made only according to the standard share calculation.
All payments from PC LLC will be in the form of electronic payments and are payable only to a U.S. bank account Any other type of payment will be assessed an additional service charge. If the FotoWarrior earns more than $600 in payments, the FotoWarrior will be sent a 1099 form for tax purposes. Each individual FotoWarrior is responsible for all taxes associated with their participation in the program and any payments received.
At any time, PC LLC can discontinue the program in a closed district if PC LLC determines that the program will not be successful in that district or if it is apparent that the district will not participate in the FotoWarrior program. However, the program can be reinstated for the closed jurisdiction at any time in the future.
It is the policy of the Site and its owner to return a minimum of 25% of the profits generated through the Site to the communities where the infractions took place. To accomplish this goal, the Site and its owner will be establishing scholarship programs to provide financial assistance to deserving, need-based students. The Site is owned by Photo Citation LLC, a licensed company that has an open audit-based system to guarantee that we stand by this principle. PC LLC will allow access to its site for auditing purposes to one licensed and personally chosen auditing firm during each fiscal year.
This Site contains information protected by intellectual property rights. The Site owner is also the owner or proper licensee of all the intellectual property contained within the Site and the Site’s software, branding, and coding. This includes the name, domain, logo, images, graphics, content, writings, and other materials that are posted or otherwise made available by the Site owners. Owners exert all rights to this content and you are prohibited from copying, reproducing, modifying, or otherwise distributing this content without Owner’s express consent.
With regard to user uploaded content, the Site does not claim any ownership over content that you upload and you retain all intellectual property rights you have in that content. However, by uploading content to the Site or using the Site to create new content, a copy of your content will be stored and you grant the Site and its owner an irrevocable, non-exclusive, perpetual, royaltyfree and fully-paid, transferable, sub-licensable, worldwide license to use the content you post to the Site for any purpose, subject to the Site’s privacy policy.
By uploading content to the Site, you represent and warrant that you own the rights to the content or otherwise have permission to grant the rights or licenses set forth about to the content. You agree that you will not upload any content to the Site that infringes on the intellectual property rights of others and that you are solely responsible for any such infringement. Further, you understand that the content you upload will be shared with government entities in the districts as part of the FotoWarrior program.
To provide all of the features on the Site, the Site may contract with third party service providers. By making use of the features of the Site, you understand that your information may be shared with these third parties to facilitate your use of the Site.
From time to time, this Site may link to other third party websites or display advertisements for third parties. This Site makes no representations or warranties about the content on such third party websites and disclaims any and all liability for the information contained on those websites. Linking to a third party website does not imply that the Site or its owners endorse the third party website or its content and the Site cannot be held responsible for your reliance on any information. Use or reliance of third party websites is done so at your own risk and they are governed by their own terms and conditions.
By using this Site, you agree to be bound by these terms. Additionally, you also consent to be bound by your electronic agreement to any additional terms and conditions by clicking “I Consent” or “I Agree” or other similarly-worded language the same as if it were a handwritten signature with full legal force and effect.
YOU AGREE THAT IN NO EVENT WILL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, EXPENSES, OR LOSSES, DIRECT OR INDIRECT, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE, INABILITY TO USE OR ACCESS THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE. YOUR USE OF THE SITE AND THE INFORMATION CONTAINED WITHIN IS AT YOUR OWN DISCRETION AND RISK.
YOU AGREE TO RELEASE THE SITE AND ITS OWNER FROM ANY LIABILITY, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, FOR DAMAGES INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITVE, WHETHER DIRECT OF INDIRECT, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR THE INFORMATION CONTAINED WITHIN EVEN IF OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, and hold harmless the Site and its owners, affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
The Site and any information provided within the Site are not intended for distribution or use in any country or jurisdiction where such distribution or use would be contrary to any applicable governing law or regulation or any jurisdiction that would subject the owners to any additional registration requirements. Owners reserve the right to limit the availability of the Site in their sole discretion.
This agreement contains all the terms agreed to by the Site owners and you with respect to your use of this website. It replaces and supersedes all previous discussions, understandings, and agreements.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
The failure of a party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement.
These terms may be modified at any time without notice. Such modifications become effective on the date that they are first posted. By continuing to use the Site, you agree to be bound by such modifications. Please check back often. Should you not wish to be bound by the modified terms, discontinue your use of the Site.
This Agreement is governed by and shall be construed in accordance with the laws of Illinois, without reference to its conflict-of-law provisions. If a dispute arises, you agree to first attempt in good faith to resolve the dispute through mediation to take place in Illinois, utilizing a third-party mediator that is agreed upon by the parties prior to pursuing other legal remedies including litigation. The prevailing party in a mediation is entitled to recover the reasonable cost of attorneys’ fees and costs expended for the mediation, in addition to any other relief that the prevailing party is granted.
CONTACT: Any question about these terms can be sent to info@fotowarrior.com