www.driversdonttext.com Terms and Conditions of Use, of Submission of Information/Images, and of Operation (February, 2012)

 Disclaimer of Liability

Information available on, or through, the Drivers Don’t Text Website and server often was prepared or submitted by individuals and entities other than Drivers Don’t Text (DDT).  Neither DDT nor or any of its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, nor represents that its use or publication would not infringe privately-owned rights. Similarly, DDT is not responsible for the contents of any off-site pages referenced or accessible via its Web site and server. This disclaimer specifically includes, but is not limited to, information for companies, organizations, individuals, products, services, and technologies.  Information and images submitted by individuals or organizations are the responsibility of the submitter and the act of submission is taken to mean that the submitter has full rights and assumes full liability for the respective information and content.

 Who May Submit Information

Submitters of information and content and hyperlinks certify by submission of same that they are the originators of the submission and its information and content, have full rights to publish the information, have full responsibility and liability for the entire submission, and are 18 years-old or older at time of submission.

Plain View Doctrine

Since all appropriate photography is of objects and people and events that are in plain view, DDT is not an instance of invasion of privacy.  Whatever is visible is "out there" for all to see and to document.  Of course, DDT is focused on bad driving behavior and is not interested in other behavior, no matter what it is or whether it occurs in a vehicle, as long as it does not involve the driver and the driver is not legally accountable.  Littering from a vehicle probably merits inclusion since the driver should control his/her passengers and in some states may even be legally accountable for passenger behavior.  The media and security systems and police documentation systems photograph plain view activities all the time and various courts have upheld the legality of plain view imaging/photography without consent.

 Interpretation and Illustration of “Offense”

The submitter is the sole judge of what is an offense or bad driving behavior.  For example, plate covers generally are legally prohibited (where prohibited) they interfere with the viewing or photographic imaging of the license plate information that is covered.  Even clear covers can limit legibility and photographability if they are dirty or discolored with age or reflect sunlight in a way that obscures any of the license plate information.  Running a red light is presumed to occur when a vehicle proceeds beyond the stop line and enters an intersection after the light has turned red, especially if there has been no evidence of braking after the light has turned yellow.  Video is necessary to substantiate a variety of “offenses” including running a red light, failure to stop, driver texting, use of cell phone, and other distracted or reckless driving.  Plate covers and illegal parking can be illustrated with still images.  All submissions require legible images of the “offending” vehicle’s license plate and it is important that the license plate be included in the still image or continuously in the video.

 DDT Review of Submissions Prior to Publication on www.driversdonttext.com

All submissions to DDT are subject to review by DDT employees and contractors and automated systems for completeness and appropriateness.  The objective is to filter out photographically unsubstantiated representations of bad driving behavior and to eliminate submissions that contain inappropriate or offensive images/content or images and information that either do not relate to bad driving behavior or include inappropriate or unrelated content.  However, DDT’s efforts to limit inappropriate or non-germane content will be on a best effort basis and cannot guarantee that all such information will be eliminated.  DDT does not review for accuracy and undertakes no responsibility or liability for any information/content submitted.  DDT and its parent do not guarantee that any or all inaccurate or inappropriate information, content, or images will be caught and excluded or removed.

 Disclaimer of Endorsement

Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favoring by DDT or its employees. The views and opinions of document authors and submitters and advertisers and sponsors do not necessarily state or reflect those of DDT or its customers, advertisers, vendors, employees, or authors.

 Copyright Status

Documents, images, information and content provided from the DDT web server may be under copyright of the authoring individual or entity. However, it is understood that documents residing on DDT's Web server or accessible through it are provided by the originators or owners for purposes of information exchange.  DDT claims ownership and copyrights to its systems and processes and the content that DDT provides but has no rights to, or liability for the images and information submitted by others.  DDT provides a web vehicle for others to author, publish and share information and content.

 Unauthorized Access

DDT website users are authorized to access only the documents and information listed on its menus and provided on its visible pages. Users who attempt to gain unauthorized access to other data or DDT’s systems and databases may be subject to criminal and civil penalties under federal laws.

 Monitoring

Anyone using this system expressly consents to monitoring of their use, by system or security personnel and automated means.

 Complaints

Anyone who identifies an inaccuracy in the information and content presented may advise DDT, in writing, of his or her claim.  Inaccuracies may include incorrect digital information (i.e., digital data differ from plate image information), manipulated images, or plate images that do not correspond to the other images presented.  DDT will make its best effort to correct the inaccuracy and may choose to delete the record as the most suitable way of resolving the matter.

 Location for Legal Disputes

DDT and its parent corporation (VirtualVille, Inc.) are domiciled in Albemarle County, Virginia.  Any and all legal matters relating to DDT and its parent corporation (VirtualVille, Inc.) will be subject to and resolved under the laws of Virginia and in Albemarle County, Virginia.