I. Media and News
A. We provide media and news coverage specific to local and national arrest information and crimes. It is our mission to bring you the latest news and video about crime, the law, and the courts. Booking photos and arrest information are PUBLIC RECORDS which are available from courts and law enforcement agencies under the Freedom of Information Act. All content is provided without malice. The Sites offer online News and Local Media services that may be deemed graphic in nature and which may contain crime scene photos, adult language, and descriptions of explicit criminal activity. While all best efforts are made to provide the most accurate information and news stories, we do not guaranty the accuracy of the information as it was collected and maintained by government agencies. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
A. Booking photos and arrest information are public records which are available from courts and law enforcement agencies under the Freedom of Information Act and Florida Public Record Act. [CampusMugshots.com strives to make all information as accurate as possible to the best of our knowledge.] All articles are written without malice.
B. All suspects appearing in CampusMugshots.com are innocent until proven guilty in a court of law. All information and photos presented in CampusMugshots.com are obtained from public documents and other public sources including police affidavits and court documents.
C. You will not use any of the information on the Sites in whole or in part to determine whether a person is eligible for employment, insurance, credit, housing, license or other benefit granted by any governmental entity or any other purpose covered under the Fair Credit Reporting Act.
III. Third Party Contributions
i. Advertisements which appear in CampusMugshots.com are solely the product of the advertiser and do not reflect the opinions of CAMPUSMUGSHOTS. CAMPUSMUGSHOTS does not investigate the claims or accuracy of advertisers’ statements or content. Readers should perform their own research and due diligence on the claims and statements of advertisers and contact the Better Business Bureau if there are any doubts or concerns over advertisers’ claims and statements. CAMPUSMUGSHOTS shall not be held liable for any of the content of any advertisements.
i. The Sites may offer online entertainment applications or services powered by and or through third parties providing entertainment services that may be deemed graphic in nature and which may also contain, adult language, and descriptions of explicit criminal activity. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
D. Your Conduct When Using CAMPUSMUGSHOTS Sites and Commenting on the CAMPUSMUGSHOTS Sites:
i. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
ii. You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services.
iv. You may not post or transmit Content (even if made in a joking, sarcastic or unintended manner) that:
a. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming”;
d. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
e. infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);
f. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
h. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
i. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
v. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
vi. You understand that CM has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
viii. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. CM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
ix. It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Sites and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Sites, and that the recipient may use such information to harass or injure You. CM does not approve of such unauthorized uses but by using the Sites You acknowledge and agree that CM is not responsible for the use of any personal information that You publicly disclose or share with others on the Sites. Please carefully select the type of information that You publicly disclose or share with others on the Sites.
IV. Protected Speech
A. You further acknowledge that the Sites contain only images and articles protected by the First Amendment to the United States Constitution.
A. The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by CAMPUSMUGSHOTS (collectively, “Materials”) is the proprietary information and valuable intellectual property of CAMPUSMUGSHOTS or the party that provided the Materials to CAMPUSMUGSHOTS, and CAMPUSMUGSHOTS or the party that provided the Materials to CAMPUSMUGSHOTS retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of CAMPUSMUGSHOTS, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates CAMPUSMUGSHOTS’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Sites. All content included on the Sites, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of CAMPUSMUGSHOTS or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on each Site is the exclusive property of CAMPUSMUGSHOTS or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
VI. Access to Sites
A. To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Sites that all information you provide will be correct, current, and complete. If CAMPUSMUGSHOTS believes the information you provide is not correct, current, or complete, CAMPUSMUGSHOTS has the right to refuse you access to these Sites or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, CAMPUSMUGSHOTS hereby grants you a limited, nonexclusive, nontransferable personal license to access the Sites and the Materials contained therein. Provided that you are a member in good standing to a Site, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of the Sites, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.
VII. Restrictions on Use of Sites
A. You may use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including any commercial purpose or any purpose described in Section VIII. B below, without CAMPUSMUGSHOTS express prior written consent. Without the express prior written authorization of CAMPUSMUGSHOTS, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using CAMPUSMUGSHOTS name or marks; (h) “deep-link” to any page of any of the Sites (excluding the homepages), or “inline link” to any content of the Sites; (i) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Sites); (j) use any data mining, robots or similar data gathering and extraction tools on the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above. You agree to cooperate with CAMPUSMUGSHOTS in causing any unauthorized use to cease immediately. At any time, if the Sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Sites or other services included on the Sites. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Sites shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Sites can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
B. You understand and acknowledge that CAMPUSMUGSHOTS is not a consumer reporting agency under the Fair Credit Reporting Act. As a condition to using the Sites, you agree not to use any information from Sites in whole or in part to determine whether a person is eligible for employment, insurance, credit, housing, license or other benefit granted by any governmental entity or any other purpose covered under the Fair Credit Reporting Act.
A. CAMPUSMUGSHOTS may terminate your access to a Site at any time, with or without advance notice, if: (a) CAMPUSMUGSHOTS believes that you have breached any material term of these Terms and Conditions (including, but not limited to, the use of the Sites for the purpose of determining a persons eligibility for employment, insurance, credit, housing, license or other benefit granted by any governmental entity or any other purpose covered under the Fair Credit Reporting Act), or (c) CAMPUSMUGSHOTS decides to cease operations or to otherwise discontinue any of the Sites.
IX. Disclaimer of Warranty
A. YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CAMPUSMUGSHOTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CAMPUSMUGSHOTS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT CAMPUSMUGSHOTS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. CAMPUSMUGSHOTS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. CAMPUSMUGSHOTS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
X. Limitation of Liability
A. IN NO EVENT SHALL CAMPUSMUGSHOTS (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF CAMPUSMUGSHOTS HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF CAMPUSMUGSHOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAMPUSMUGSHOTS MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
A. For residents in Florida CAMPUSMUGSHOTS has a process to remove a news article containing a mugshot from our database, if the arrestee meets certain criteria. If the arrestee was found not guilty, had the charges dismissed or dropped, your record was expunged by the court, we are happy to remove the article for FREE, so long as you can provide official documentation which supports your claim. Deferred adjudication and plea bargains are not the same as dismissals and do not necessarily qualify for a removal. Florida does not require us to remove mugshots under these circumstances, this is something we do as a courtesy, and we reserve the right to refuse this courtesy at CAMPUSMUGSHOTS discretion. If you meet the criteria or have questions please contact us.
A. You agree to defend, indemnify, and hold harmless CAMPUSMUGSHOTS, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. You agree that CAMPUSMUGSHOTS retains the right to use the attorneys, accountants, and other professional consultants of its choice. CAMPUSMUGSHOTS shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. CAMPUSMUGSHOTS may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
A. Some web sites which are linked to the Sites are owned and operated by third parties. Because CAMPUSMUGSHOTS has no control over such sites and resources, you acknowledge and agree that CAMPUSMUGSHOTS is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CAMPUSMUGSHOTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions.
XIV. Export Control
A. You understand and acknowledge that the software elements of the Materials on the Sites may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
XV. Force Majeure
A. CAMPUSMUGSHOTS shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay CAMPUSMUGSHOTS performance.
XVI. General Provisions
A. Governing Law
i. These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Marion County, Florida.
B. Rights to Injunctive Relief
i. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
i. If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Marion County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
i. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
i. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
i. In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal, and attorney’s fees incurred during collection of a judgment.
G. No Waiver
i. No waiver of CAMPUSMUGSHOTS shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
i. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
i. These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
i. CAMPUSMUGSHOTS reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following CAMPUSMUGSHOTS’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. CAMPUSMUGSHOTS does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by CAMPUSMUGSHOTS in writing, these Terms and Conditions may not be amended by you.
K. Other Jurisdictions
i. CAMPUSMUGSHOTS makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.