IMPORTANT – READ CAREFULLY:

This Terms of Service applies to your use of the My Mobile Witness, Inc. ("My Mobile Witness") service (the “Service”). By accessing or using the Service you agree to comply with and be bound by both this Terms of Service, the My Mobile Witness Terms of Use which you can access by clicking here and the My Mobile Witness Privacy Policy which you can access by clicking here.

1. ACCEPTANCE OF TERMS

Should you object to any term or condition in this Terms of Service or any future updates to this Terms of Service or should you become dissatisfied with My Mobile Witness in any way on account of your use of the Service, your only recourse is to immediately discontinue use of the Service.

This Terms of Service may be updated by My Mobile Witness at any time. You understand and agree that you are solely responsible for periodically reviewing this Terms of Service. You can always review the most current version of this Terms of Service by clicking on the link labeled “Terms of Service” at the bottom of the pages on the My Mobile Witness website located at www.mymobilewitness.com and its subdomains (the “Website”). Any continued use of the Service by you after such amended Terms of Service have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms of Service.

You may receive marketing emails or texts, promotions or safety messages from My Mobile Witness on behalf of itself or third parties in connection with the Service and understand that you will be subject to your mobile service provider’s standard rates for the receipt of such materials. My Mobile Witness plans to send no more than two texts or emails per month with advertisements, promotions or safety alerts. You consent to the receipt of such messages and materials as part of the Service. My Mobile Witness is not responsible for the content of any messages sent by My Mobile Witness on a third party’s behalf and does not make any representations regarding the content or accuracy of such messages. My Mobile Witness does not sell or rent your personal information to any third parties.

By accepting this Terms of Service, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Service only if your parent or legal guardian agrees to be bound by this Terms of Service and the Terms of Use. My Mobile Witness does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not agree to this Terms of Service on their behalf. If you are a parent or legal guardian agreeing to this Terms of Service for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service. All billing and personal information provided must be truthful and accurate. Providing any untruthful or inaccurate information will constitute a breach of this Terms of Service. Any acceptance of this Terms of Service by a parent or legal guardian on behalf of a child between the ages of 13 and 18, will not provide any such parent or legal guardian with the right to request access to any Content sent by such child’s mobile phone.

2. USE OF THE SERVICE

The Service allows you to send Content from your mobile phone directly to My Mobile Witness for storage. We store this information so that if you are missing, injured or harmed in any manner or involved in any other legitimate law enforcement investigation, law enforcement can access the Content you sent to the Service to aid in investigating the matter and taking appropriate legal action.

The Service does not, and is not intended to, replace emergency services such as 911. The Content is not routinely reviewed, and even in the event an active law enforcement investigation is opened may not be reviewed for some time. The Service is intended to be used primarily as a precaution or deterrent. In an emergency situation, it is recommended that you contact the appropriate emergency service, which may include, calling 911 or police or firefighter assistance.

You acknowledge that there may be certain circumstances that cause My Mobile Witness to not receive Content sent by you in a timely manner or at all. My Mobile Witness is not responsible for any failure to receive or delay in receiving your Content, including without limitation, carrier latency, lack of mobile phone service, network failures, user error or technical problems with the Service.

You may access your account on our Website by entering your mobile phone number and password and clicking on “Login” to log into your my Mobile Witness Account. You will be able to access your activity log which will state the date and time any Content was received in your account. You will not be able to view or retrieve the Content you send to the Service. My Mobile Witness call centers will not have access to your Content. Only law enforcement and those requiring your Content to be produced through valid legal processes will have access to your Content.

You agree that My Mobile Witness, its affiliates and third parties through My Mobile Witness may contact you via your mobile phone or email address with safety messages, product updates, coupon and other promotional offers and advertisements in accordance with the terms set forth in Section 1.

3. AUTHORIZATION FOR LAW ENFORCEMENT TO ACCESS YOUR CONTENT

You agree that your Content may be accessed at any time by any law enforcement agencies that My Mobile Witness permits to access the Service and any other individuals and entities such law enforcement deems advisable in connection with any legitimate law enforcement investigation involving you, including without limitation, investigations involving you as a victim, witness or complainant. You cannot revoke this consent or request that Content be deleted or removed from the Service ant any time. If you do not want law enforcement to have access to your Content do not sign up for the Service or do not send any Content you wish to keep private to the Service. Law enforcement may grant access of the Content to third parties in their reasonable discretion. My Mobile Witness shall have no liability to you for any Content accessed by law enforcement or any third party authorized by such law enforcement.

4. PERSONAL INFORMATION

You must provide personal information, including without limitation, your name, e-mail address, mobile phone number and birth date to sign up for the Service. You will also have the option to provide other personal information, including without limitation, your hobbies and occupation. You agree to notify My Mobile Witness immediately of any unauthorized use of your email address, password or other personal information in connection with the Service. By providing this personal information, you agree that My Mobile Witness and law enforcement authorized by My Mobile Witness will have access to this information, and such information will only be used in accordance with the My Mobile Witness Privacy Policy, a copy of which can be accessed by clicking here.

5. CONTENT

You understand that all images, text, photos, video, audio and other materials ("Content") posted on or transmitted through the Service by you or from your mobile phone are your sole responsibility. My Mobile Witness is not responsible for Content made available by you through the Service. Under no circumstances will My Mobile Witness be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use by law enforcement or those authorized by such law enforcement of any Content posted or otherwise made available through the Service.

You are also fully responsible for any Content you post on the Service and for the consequences of any such Content. If your wireless phone is lost or stolen, it is important that you notify your mobile phone carrier immediately for your own protection, so it can suspend usage of your mobile phone. You will remain responsible for all Content sent to the Service from your mobile phone by other individuals.

You agree to comply with all applicable laws, rules and regulations, including without limitation, all privacy laws. Although My Mobile Witness does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to My Mobile Witness an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, display and distribute any Content you post to the Service for the purposes of the Service, and to grant and authorize sublicenses through multiple tiers of the foregoing to law enforcement agencies. You acknowledge that you have no ownership interest or right to access the Content at any time.

6. USER CONDUCT

You may only use the Service as permitted by these Terms of Service. You will not use the Service to harass, extort or abuse others. Individuals who My Mobile Witness determines, in My Mobile Witness’s sole discretion, have behaved inappropriately, including without limitation, harassment of other individuals, may be removed or blocked from the Service.

You agree not to post, transmit or otherwise make available Content to the Service that:

• encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation;
• transmits or posts any unsolicited or unauthorized advertising or spam;
• transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of the Service or its users;
• collects, stores or solicits information about other users for commercial or unlawful purposes;
• imposes an unreasonable or disproportionately large load on My Mobile Witness's infrastructure, disrupts the normal flow of dialogue, or that otherwise negatively affects other users’ ability to use the Service;
• is false, deceptive, misleading or deceitful;
• is being used to blackmail, coerce or otherwise influence another party in a way that violates any applicable law; or
• has been manipulated by you or any third party in any way.

Additionally, you agree not to:

• "Stalk" or otherwise harass anyone;
• Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity, including without limitation, My Mobile Witness;
• Attempt to gain unauthorized access to My Mobile Witness computer systems or networks for any reason, including without limitation, to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

7. CHARGES AND FEES AND TERM OF SERVICE

Although, you initially will not need to pay My Mobile Witness a fee for the Service, you will have to pay your mobile phone service any applicable fees charged to send your Content to the Service.

My Mobile Witness may charge for use of the Service or the use of certain features at any time in the future. If you do not wish to pay such fees at the time they are activated, you should cancel your My Mobile Witness Account and cease to use the Service. All fees paid to My Mobile Witness are in addition to the fees you pay for your mobile phone service. You agree to pay all taxes, fees and surcharges set by the government. If you fail to promptly pay all amounts due to My Mobile Witness at any time or fail to comply with this Terms of Service or the My Mobile Witness Terms of Use, My Mobile Witness may suspend or terminate your access to the Service at any time with or without notice to you.

8. ACCESS TO CONTENT

You will not have access to any Content sent to your account and you may not request any Content sent to your account. Content may be deleted by My Mobile Witness in accordance with it standard policies, which currently provide for the deletion of Content six months after receipt of such Content. Only law enforcement may access your Content.

9. OWNERSHIP

All right, title and interest in and to the My Mobile Witness Website and the Service are and will remain the exclusive property of My Mobile Witness, its affiliates and its licensors, as applicable. The My Mobile Witness names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of My Mobile Witness, Inc. and all other marks are the property of their respective owners and may not be used without prior written permission. All rights not expressly granted in this Terms of Service are reserved to My Mobile Witness.

10. INTERACTIONS WITH LAW ENFORCEMENT AND OTHER THIRD PARTIES

My Mobile Witness shall not be liable for your interactions with any law enforcement agencies or personnel with access to the Content you post on the Service. These interactions are solely between you and such organizations and/or individuals. You agree that My Mobile Witness is not responsible for any damage or loss incurred as a result of any such interactions. You should use good judgment when using the Service. My Mobile Witness is not responsible for any interactions between you and any third party that occur as a result of your use of the Service.

My Mobile Witness is under no obligation to become involved in disputes between participants of the Service and any other party, and My Mobile Witness, its affiliates, officers, employees and agents shall have no liability or responsibility for any claims, damages, or liabilities arising from such disputes. In the event of a dispute, you hereby release My Mobile Witness, its officers, directors, employees, agents, affiliates and successors in rights from any claims, damages and demands of every kind and nature arising out of or in any way related to such disputes and the Service.

If you are a California resident, you waive California Civil Code Section 1542 (or if you are a resident of another State, any other similar applicable law), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

11. LIMITATION AND TERMINATION OF SERVICE

You acknowledge that My Mobile Witness may establish limits concerning use of the Service, including, without limitation, the maximum number of days that Content will be retained by the Service, the maximum number and size of Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that My Mobile Witness has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that My Mobile Witness reserves the right at any time to modify or discontinue the Service (or any part thereof) at any time, and that My Mobile Witness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that My Mobile Witness in its sole discretion, has the right (but not the obligation) to suspend or terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if My Mobile Witness believes that you have acted inconsistently with this Terms of Service. Further, you agree that My Mobile Witness shall not be liable to you or any third party for any suspension or termination of your access to the Service and you agree not to attempt to use the Service after said termination.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR MOBILE PHONE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. MY MOBILE WITNESS, AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER MY MOBILE WITNESS, NOR ITS, OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MY MOBILE WITNESS, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL MY MOBILE WITNESS, OR ANY OF ITS AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, EVEN IF MY MOBILE WITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF MY MOBILE WITNESS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO MY MOBILE WITNESS, IF ANY, FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING SUCH CLAIM. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MY MOBILE WITNESS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. INDEMNITY

You hereby agree, at your expense, to indemnify, defend and hold My Mobile Witness, its affiliates, agents and employees harmless from and against any loss, cost (including attorneys’ fees), damages, liability, and/or expense arising out of or relating to (A) any fraud, manipulation or other breach of this Terms of Service by you, (B) any Content submitted by you or by a third party through your mobile phone to the Service or (C) third party claims, actions or allegations brought against My Mobile Witness arising out of your use of the Service.

15. GENERAL INFORMATION

This Terms of Service is governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws principles and any dispute arising hereunder shall be submitted to state and federal courts in San Francisco, California and you consent to the exclusive jurisdiction of such courts. If any provision of this Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. My Mobile Witness's failure to act with respect to a breach of the Terms of Service by you does not waive My Mobile Witness's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Terms of Service or any rights or obligations hereunder, and any attempt to the contrary is void. This Terms of Service shall inure to the benefit of and be binding upon each party's successors and assigns. My Mobile Witness shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond My Mobile Witness's reasonable control. Any notice required or given to you under this Terms of Service shall be delivered by electronic mail at the email address provided by you on the Service or by text message to your mobile phone. This Terms of Service constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. Sections 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Terms of Service.

This Terms of Service was last updated on October 30, 2008. Please check this Terms of Service periodically for changes.