- Loss due to the acts or neglect of any other person including you, the provider of telecommunication, police, fire or other authority or individual.
- Delays, interruptions or suspensions in providing the services, which are due to any other person (including you), thing or event which we could not reasonably be expected to prevent.
- Losses resulting directly from police, fire or other authority failing to act in accordance with Emergency Response.
NYC SpeedCamBuster is a self-contained Speed and Red-Light Camera warning system using user’s data and Speed Camera Database. It sends alerts to your registered mobile phone as you approach a speed camera. NYC SpeedCamBuster mobile app is available on both Google Play store and App Store which requires an GPS capable device to function properly. It will not function on a device without a GPS connection as it requires a GPS receiver to accurately determine your speed and position.
When you use our services, you’re agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website and mobile applications (collectively referred herein as “Platform”).
SECTION 1- ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing our services and this Platform, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of NYC SpeedCamBuster, as each may be amended or supplemented from time to time in our sole discretion without notice;
(c) that your use of our services and our Platform shall comply with all applicable state and federal laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Platform. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2- AVAILABILITY OF SERVICES
NYC SpeedCamBuster is subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Accessing the Platform or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
SECTION 3- ASSUMPTION OF RISK
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of our Platform that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through our Platform are to be taken at your own risk, with no liability on our part.
SECTION 4- PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our Platform. You acknowledge that you are participating voluntarily in using our Platform and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Platform, and you agree to use your own judgment and due diligence before implementing any suggestions or ideas made available by our Platform.
SECTION 5- ONLINE PAYMENTS
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
SECTION 6- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Platform, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Platform, and all materials and content related to our programs even if the materials or content are not accessed through the Platform. Your use of the Platform does not grant to you ownership of any content, software, code, data or materials you may access on the Platform.
SECTION 7- REGISTRATION INFORMATION
You may be required to provide information about yourself in order to register for and/or use certain Services (including but not limited to purchase our premium membership plan). You agree that any such information shall be accurate. You may also be asked to provide your personal information to complete the process.
By providing your personal information, you agree and understand that the information and material contained in this Platform implies and constitutes your consent to the terms and conditions mentioned below.
SECTION 8- REGISTRATION AND MEMBERSHIP
By starting your subscription and providing or designating a payment method, you authorize us to charge you on a subscription fee at the current rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your subscription will take effect following email notice to you.
If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Membership is void where prohibited by law.
SECTION 9- NO GURANTEES
Our system solely depends upon its users to report any speed cameras they detect. We do not guarantee the accuracy of every camera and we do not notify users of cameras that have not been reported to us by other users. There may be new cameras in existence that are not in our system, if you find such cameras, you are requested to report the location to our system to help us increase reliability and accuracy of our platform.
If you believe you have been wrongfully accused of violating any speed limit, for a certain fee, you can generate a document based on your speed and location history from our Platform, which can be used by you to defend yourself from such allegations.
We do not guarantee that the generated document will be acceptable as a valid evidence by any court. NYC SpeedCamBuster and TrapJak Corp. are to be held completely harmless from any demands, losses, liabilities, damages, claims, causes of action, actions, and suits that user may be found guilty of.
We will not be responsible to you for any of the following, which will include, without limitation, any death or personal injury that is not caused by our negligence:
SECTION 10- ACCURACY OF INFORMATION; FUNCTIONALITY
Although NYC SpeedCamBuster attempts to ensure the integrity and accuracy of the Platform and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform, Service descriptions and other content on the Platform. It is possible that the Platform could include typographical errors, wrong alerts, fake camera spots, inaccuracies or other errors, and those unauthorized additions, deletions and alterations could be made to the Platform by third parties.
In the event that an inaccuracy arises, please inform NYC SpeedCamBuster so that it can be corrected. Information contained on the Platform may be changed or updated without notice.
SECTION 11- STORAGE OF USER INFORMATION
You agree not to (i) access the Platform or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (i) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Platform or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Platform or the Services; (v) use robots or scripts with the Platform; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Platform; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to NYC SpeedCamBuster. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect information about any other individual who uses the Platform or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
SECTION 12- DISCLAIMER OF WARRANTIES
NYC SPEEDCAMBUSTER DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY PLATFORM-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. NYC SPEEDCAMBUSTER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. NYC SPEEDCAMBUSTER DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
SECTION 13- LIMITATION OF LIABILITY
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
NYC SPEEDCAMBUSTER SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF NYC SPEEDCAMBUSTER. NYC SPEEDCAMBUSTER AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES.
SECTION 14- FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
SECTION 15- INDEMNIFICATION
You agree to defend, indemnify, and hold harmless NYC SpeedCamBuster and TrapJak Corp. from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Services or any information posted on the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to NYC SpeedCamBuster; and/or (iv) any negligent, criminal or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
SECTION 16- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of New Jersey will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
SECTION 17- ACCEPTING THIS TERMS OF USE
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.
