Terms & Conditions
Effective: July 14, 2015
We may revise and update these Terms from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Terms on the Site.
You must be 18 years of age or older to use the Site. By using the Site, you affirm that you are 18 years of age or older, or that you have the permission of a parent or guardian to use the Site.
License and Conditions of Use
Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, nonexclusive, nontransferable license to use the Site. We reserve all rights in and to the Site not expressly granted to you.
You may not use the Site in any manner that violates any applicable law or regulation, or in any manner inconsistence with these Terms. Specifically, you agree that you may not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify the Site in any manner or form, (iii) copy, distribute, or create derivative works based on the CriminalFaces Content, (iv) exploit the CriminalFaces Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, (v) sublicense, sell, resell, or otherwise convey the Site or any elements thereof, (vi) use the Site for purposes of stalking or harassing any individual or requesting information under false pretenses.
NOTE: CriminalFaces is not a “consumer reporting agency” as defined under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., as amended, and the information provided on the Site not been collected in whole or in part for the purpose of furnishing “consumer reports,” as defined by the FCRA. The information provided on the Site has been obtained by us as a result of being publicly available to us for our possession, use and dissemination. You are EXPRESSLY PROHIBITED from using the Site or any information obtained from the Site to determine an individual’s suitability for: (1) Employment, promotion, reassignment or retention; (2) Insurance; (3) Personal credit; (4) Education, scholarships or fellowships; (5) Housing or other accommodations; or (6) Any benefits, privileges or services provided by any business establishment.
By using the Site, you agree and understand that you may not and will not use the Site for any of the aforementioned purposes.
Your violation of any of these Terms may result in automatic termination of the licenses granted hereunder and your right to use the Site. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We will not be liable to you or to any third party for such termination or modification.
Except with respect to images that are in the public domain or otherwise publicly available, the Site and its content, including but not limited to any and all text, graphics, images, photographs, and computer code (collectively “CriminalFaces Content”) is owned by CriminalFaces and/or its related companies or licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. CriminalFaces and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the CriminalFaces Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the CriminalFaces Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the CriminalFaces Content. You may not to alter or delete any proprietary notices from CriminalFaces Content downloaded or printed from the Site.
CRIMINALFACES and the CriminalFaces logo are trademarks of CriminalFaces and/or its related companies, and any use of such marks without prior express written permission is hereby strictly prohibited.
Third Party Sites
The Site may contain links to websites owned and operated by third parties. Such third party website may have their own terms and policies, and your use of such websites and any products and services made available is subject to those terms and policies and is at your own risk. We assume no responsibility for the content of or products or services offered by third party websites, and our link to a third party website is not an endorsement of that website or its products or services.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CRIMINALFACES PROVIDES ALL SERVICES AND INFORMATION “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CRIMINALFACES MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, CRIMINALFACES DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
CRIMINALFACES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
The information presented on the Site is sourced from records made freely and publicly available by state and local offices, agencies, or departments. CriminalFaces does not warrant or guarantee that the information presented is current or accurate, and you therefore should not use the Site to verify any individual’s arrest, booking, or criminal records. For the most recent information regarding any record presented on the Site, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON THE SITE ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
CriminalFaces is not affiliated with the United States Government or any federal or state government agency.
Limitation of Liability
CRIMINALFACES AND ITS PARENTS OR SUBSIDIARIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE BY YOU OR BY THIRD PARTIES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, OR THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE SITE. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
You shall indemnify, defend, and hold harmless CriminalFaces and its related companies and their officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party in connection with or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.
We reserve the right to terminate or restrict your access to the Site for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms. We may, but are under no obligation to, provide you with a warning prior to termination or restriction of your use of the Site. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
Any claims, disputes, and controversies between you and CriminalFaces, its parents, subsidiaries, affiliates, or related companies concerning or relating to the Site or any information presented on or by the Site, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, will be resolved by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that these Terms to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.
These Terms constitutes the entire agreement between you and us, and governs your use of CriminalFaces, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms.
If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to access our contact form.