Terms of Use

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of OurStreet's software (the “Software”) and service (both collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between How's My Driving App, LLC (the "Company” or “We”), the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the Service, you signify your assent to these Terms all of which are an integral part of these Terms of Use. If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

KEY POINTS

The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Company.

  • Obey all laws. Always obey local traffic laws. It is strictly forbidden to utilize the Software, send data using the Software or interact with the Service, or use the Service for any other purpose (for example, in a moving vehicle) or in violation of any law or regulation. Reports on parking violations you want to submit to the Service may only be sent after you have stopped your vehicle, motorcycle, bicycle, scooter, or other transportation device in an appropriate location permitted by law.
  • Updates. The information provided by the Service originates from users of the Service. Such information may be inaccurate, incomplete or outdated. Company does not provide any warranties as to such information's credibility or reliability.
  • Location-based Service. Some features of the Service make use of detailed location, for example in the form of GPS signals and other information sent by your mobile device on which the Company application is installed and activated. These features cannot be provided without utilizing this technology. Company uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users, to improve the accuracy of its data. This history is retained by Company. Company allows you to use the Service without a username.
  • The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
  • Free Software. The Service utilizes Software for the data it provides users, and such Software is free to users. The Service, its database, the design of the Service and the files integrated in the Software – all are not free-software.
  • Privacy. Your privacy is important to us. Please consult our Privacy Policy regarding how we handle user-generated information and user names and email addresses.

WHAT IS THE SERVICE

The Services crowdsources dangerous driving behavior and shared mobility issues in order to aid enforcement, infrastructure and compliance efforts. The Service is provided mainly through the Software.

THE LICENSE

Company Service. Company hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.

WARRANTY. THIS SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL TO THE USERS, BUT WITHOUT ANY WARRANTY, INCLUDING WITHOUT THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

USING THE SERVICE

You shall use the Service solely for private and personal purposes. You shall not use the Service commercially. For example, you shall not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Company. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Company website ("Site") you shall not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you shall not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Company.

The Software shall not be used in any way that is not expressly permitted by these Terms.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Company’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

The Service allows all users of the Software to submit information and content (the “Content”). Content may include, for example, violations of local parking laws and restrictions.

You shall not, whether yourself or through any other means or person:

  1. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;
  2. create a browser or border environment around the Content (e.g. no frames or inline linking);
  3. interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
  4. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
  5. transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  6. interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  7. sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;
  8. frame or mirror any part of the Service and/or Site without Company’s prior express written authorization;
  9. create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;
  10. forward any data generated from the Service and/or Site without the prior written consent of Company;
  11. use the Service and/or Site for any illegal, immoral or unauthorized purpose;
  12. use the Site, the Service, or the Content for non-personal or commercial purposes without Company’s express prior written consent; or
  13. infringe or violate any of these Terms.

TERMINATION OF USE OF THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Company of such termination.

Company retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Company deems appropriate, at its sole and absolute discretion.

USER CONTENT

You assume sole responsibility for any Content you submit and you alone are liable for any associated consequences.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND OR SUBMIT ANY CONTENT WHILE OPERATING A VEHICLE, MOTORCYCLE, BICYCLE, OR OTHER TRANSPORTATION DEVICE ("VEHICLE"). YOUR CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW.

FORBIDDEN POSTS

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you shall not submit Content that:

  • is diminishing or infringing proprietary rights of others, including but not limited to copyright and trademarks;
  • poses a risk to a person’s safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
  • is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar;
  • encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
  • encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

Company may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Company or any of its agents or affiliates. In such cases, Company may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Company by any law.

RIGHTS IN CONTENT

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Company to publish the Content and exploit all intellectual property rights in and to the Content. Company receives no ownership rights in and to the Content that you submit. However, by submitting Content to Company, you hereby grant Company and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Company in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Company’s sole and absolute discretion.

EXAMINATION OF CONTENT

Company may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Company does not normally utilize its right to monitor Content and does so only in rare cases.

Company retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Company does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of Company. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Company or its affiliates or are exclusively licensed to Company.

“Company”, the Company logo, and other trade and/or service marks are the property of Company or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Company.

The design, trade dress, and the ‘look and feel’ of the the Site and the Service are protected works under applicable copyright laws and Company and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.

Company may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Company’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Company to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

EXPORT CONTROL

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

LIMITATION OF LIABILITY AND WARRANTY

COMPANY PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND CONTENT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

Company exerts efforts to provide you with a high quality and satisfactory service. However, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Company’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Company or any of its providers.

COMPANY, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

YOU ALONE ARE RESPONSIBLE FOR OPERATING YOUR VEHICLE IN ACCORDANCE WITH ALL LAWS AND REGULATIONS, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY.

BREACH AND INDEMNITY

You agree to indemnify and hold harmless Company and its affiliates, employees, officers, directors, shareholders and agents, as well as all third party suppliers and customers from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Company, its affiliates, employees, officers, directors, shareholders, or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

MODIFICATIONS TO THE SERVICE AND SOFTWARE

Company may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Company for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

Company may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

MODIFICATIONS OF THESE TERMS

Company may modify these Terms from time to time.. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the District of Columbia, USA, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be resolved by binding Arbitration in the District of Columbia by one arbitrator under the American Arbitration Association in accordance with its Commercial Arbitration Rules.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of Company. Company may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Company’s obligations to you under these Terms.

COMPLETE TERMS

These Terms shall all constitute the entire and complete agreement between you and Company concerning the Company Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation (if applicable), these Terms shall prevail.

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other data that you receive.

Last modified: 2 January 2020