Last updated: September 8, 2020
MOBILE JUSTICE™: END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) is a legally binding agreement between you (“You”) the American Civil Liberties Union of Southern California (“ACLU of Southern California”). This Agreement governs Your access and use of the MobileJustice™ mobile application, updates, documentation and all content and services provided or viewed by or through that mobile application (collectively, the “Application”). The Application is licensed, not sold, to You and the ACLU, and its licensors retain all rights, title and interests in and to the Application. You may find out more about the MobileJustice™ Application, FAQs and other materials at https://www.aclusocal.org/mobilejustice
BY CLICKING THE “GET STARTED” BUTTON OR ACCESSING, STREAMING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE VOLUNTARILY READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT; AND (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER EXCEPT CALIFORNIA WHERE YOU REPRESENT YOU ARE 16 YEARS OF AGE OR OLDER.
IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT AND/OR IF YOU ARE YOUNGER THAN 13 IN ALL STATES, EXCEPT CALIFORNIA WHERE IF YOU ARE YOUNGER THAN 16, YOU ARE NOT ALLOWED TO ACCESS, STREAM, DOWNLOAD, INSTALL OR OTHERWISE USE THE APPLICATION, AND YOU MUST DELETE IT FROM YOUR MOBILE DEVICE.
- Your Responsibilities. You are solely responsible for: (a) Your use of the Application, including the Livestream feature; (b) any content You generate or otherwise utilize via the Application; and (c) any consequences of or associated with any of the foregoing. Do not copy, upload, or share content unless You are confident You have the necessary rights to do so. The ACLU is not responsible for the conduct of, or content viewed or provided by, You or of any other user of the Application.
- Limited License to You. (a) License Grant. Subject to Your continued compliance with all of the terms of this Agreement, the ACLU grants You a limited, non-exclusive, personal, non-transferable, revocable, license (the “License”) to access, stream, download and install the Application on a personal computing device or mobile phone that You own or control (a “Mobile Device”), and to use the Application, and its various features and functionality, solely for Your personal, non-commercial use, as further outlined herein. (b) License Restrictions. Unless otherwise authorized by this Agreement or in a written authorization signed by the ACLU, You will not, and You will not permit any other person or entity to: i. copy the Application or related documentation, in whole or in part; ii. modify, translate, adapt, or otherwise create derivative works or improvements of the Application; iii. remove, delete, alter, or obscure any trademarks or any copyright, patent or other intellectual property or proprietary rights notices from the Application; iv. transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright, publicity right, privacy right, or other proprietary right of the ACLU or any other person; v. rent, lease, lend, use for timesharing, service bureau, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; vi. reverse engineer, decompile, disassemble, decode or otherwise attempt to derive or gain access to all or any part of the source code of the Application; vii. impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; viii. forge headers or otherwise manipulate or modify identifiers in order to disguise the origin of any transmissions; ix. transmit, access, view or communicate any data that You do not have a right to transmit; x. interfere with or disrupt any other person’s use of the Application; xi. violate local, state, national or international law, rules, regulations, executive orders or policies relating to the use of the Application; xii. transmit, access, or communicate any data that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or tele- communications equipment; or xiii. monitor traffic or make search requests in order to accumulate information about individual users.
- Livestream Retention Policy. (a) The ACLU complies with its internal retention policies and practices, provided however, the ACLU reserves the right, but undertakes no obligations, to retain indefinitely any Livestreams You generate (collectively, the “Livestreams”), along with any Personal Information, Geo-Location Information and/or Contact Information (collectively, “Accompanying Information”), in the ACLU’s sole discretion. Without limiting the foregoing, ACLU also reserves the right, but undertakes no obligations, to delete such materials and any Accompanying Information, unless 1) required by law or 2) You provide the ACLU with written notification of Your need for the Livestreams or Accompanying Information within thirty (30) days of their submission. Please note this voluntary retention policy is subject to change to accommodate our current storage capacity and processing abilities without any notice to You. (b) Notwithstanding Section 5(a) above, the ACLU is not responsible or otherwise liable for the loss of, deletion of, unauthorized access to, or the failure to store or otherwise protect any LiveStreams or Accompanying Information. You are encouraged to keep any LiveStreams on your camera roll, where your Application recordings will be automatically stored, if retaining a copy is important to You.
- Not a Solicitation or Offer. None of the Application, or any of the Application’s content, or incident reports for the Livestreams and Accompanying Information, constitutes a solicitation or an offer by the ACLU to represent You in any matter. As a result, you should be aware that the ACLU cannot promise You that the information You provide will lead to any specific action on the part of the ACLU.
- Geographic Restrictions. The Application is intended for use by persons only while located within the United States. The Application may not comply with the laws of other or countries. If You access or use the Application while outside the United States, You are solely responsible for complying with all applicable local laws.
- Not Legal Advice; Know Your Rights Limitations. The Application contains a basic summary of rights for individuals who are interacting with law enforcement agencies (“Individual Rights Summary”) within the location in which your LiveStream is sent from based on geo-location Information. Laws vary among jurisdictions; therefore, the Individual Rights Summary available through the Application contains information for each state within the United States, except the Individual Rights Summary may not reflect the most recent changes in the law and/or may not apply to Your individual legal situation. Individual Rights Summary, and all other material included in the Application, is for educational purposes only, and it is not intended as, nor is it a substitute for, specific legal advice, and should not be construed as such by You or anyone else. If You want or need legal advice, You should not rely on the information You get from this Application and rather should speak with a lawyer to get advice on Your specific situation. The ACLU also does not represent, warrant or otherwise promise that the information on this Application is complete, accurate, or up-to-date.
- Updates. The ACLU may, but undertakes no obligations to, at any time add, remove, change or otherwise modify features and/or functionality of the Application, including through the use of bug fixes, patches and other updates (collectively, the “Updates”), with no notice to You. Based on Your Mobile Device settings, for any such Updates when Your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates. If You do not promptly download and install all Updates, the Application may not operate properly.
- Third Party Materials. The Application may display, include or otherwise make available third-party content (including, without limitation, data, information, applications and other products services or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”), such as Twitter or other social media sources. The ACLU is not responsible for any Third Party Materials or their sources, including, without limitation, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect. The ACLU does not assume and will not otherwise have any liability or responsibility to You or to any other person or entity for any Third Party Materials. Third Party Materials and any links to Third Party Materials are provided solely as a convenience to You and You access and use them at entirely Your own risk and subject to the third parties’ applicable terms and conditions.
- Term; Termination; Effect of Termination. (a) The License described in Section (2)(a) above begins when You indicate Your agreement to the terms of this Agreement and download the Application, and will continue until terminated as follows: i. The License will terminate immediately and automatically without any notice if You uninstall and make no further use of the Application; or ii. The ACLU may terminate the License at any time without notice, for any reason or for no reason, in the ACLU’s sole discretion. (b) Upon Termination of the License for any reason, You agree to immediately stop accessing or otherwise using the Application and will erase the Application from Your Mobile Device. (c) The other provisions of this Agreement will continue in full force and effect after termination of the License. Without limiting the foregoing, termination of the License will not limit the ACLU’s rights or remedies at law or in equity or release You from any claim for breach of the License, liability or other provision of this Agreement that arose before the termination of the License.
- No Warranty; No Liability For Damages. (a) No Warranty. THE APPLICATION AND ANY RELATED CONTENT OR MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND THE ACLU MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE SAME, INCLUDING, WITH RESPECT TO THE APPLICATION, THAT THE APPLICATION WILL BE COMPATIBLE OR OTHERWISE WORK WITH ANY DEVICE OR ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OR IS FIT FOR A PARTICULAR PURPOSE, AND WITH RESPECT TO THE INDIVIDUAL RIGHTS SUMMARY, INCLUDING THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE ACLU, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS THE WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, COURSE OF DEALING, AND USAGE IN THE TRADE. THESE DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. THE ACLU CANNOT AND DOES NOT WARRANT THE APPLICATION AND RELATED SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS. (b) No Liability for Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE ACLU , ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR: (i) ANY LOST PROFITS, LOSS OF USE, COST OF CURE, DIMINUTION OF VALUE, LOSS OF DATA, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, OR ANY RELATED CONTENT OR MATERIALS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THOSE DAMAGES WERE FORESEEABLE AND EVEN IF THE ACLU WAS ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; OR (ii) MONEY DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, OR ANY RELATED CONTENT OR MATERIALS, IN A TOTAL AMOUNT GREATER THAN $10.00 IN THE AGGREGATE.
- Choice of Law; Venue; Injunctive Relief. This Agreement will be interpreted under, and any dispute arising out of this Agreement or the Application will be governed by, the laws of the State of California without reference to its conflict of law principles. You consent to the exclusive jurisdiction of and venue in the state and federal courts located in Los Angeles County and will not assert any claim against the ACLU in any other courts or jurisdictions. Any dispute will be limited to the dispute between the ACLU and You individually. To the full extent permitted by law, no legal proceeding will be joined with any other person or entity or decided on a class-action basis. Your breach or threatened breach of this Agreement could cause irreparable injury to the ACLU for which money damages alone would be an inadequate remedy. In that case, the ACLU will, in addition to its remedies at law, be entitled to temporary or permanent injunctive or other equitable relief against You, without the posting of any bond or other security.
- Indemnification. You (a) will indemnify, defend (at the ACLU’s sole option) and hold harmless, and (b) hereby release the ACLU, its licensors, and its and their respective officers, directors, members, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, obligations, costs and/or expenses (including reasonable legal fees) which result from or arise out of Your: use or misuse of the Application; use or misuse of any related content, materials; related activities; or violation of this Agreement. The ACLU will not represent You in any dispute or arising out of the use of this Application. The ACLU reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses. Furthermore, the ACLU assumes no responsibility for the content You submit or make available through or utilizing the Application.
- Miscellaneous. (a) Severability. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement will not be affected thereby. (b) Entire Agreement. This Agreement constitutes the entire agreement between You and ACLU relating to the subject matter of this Agreement, and it supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. (c) Amendments. ACLU may amend this Agreement at any time by posting an updated copy of this Agreement on its website, currently located at https://www.aclusocal.org/mobilejustice, or by providing notice to You in any other way. Those amendments will be effective upon notice to You or by Your continued used of the Application. ACLU will not be bound by any amendment to this Agreement unless that amendment is in writing and has been signed by an authorized representative of ACLU.