Terms of Service - Missing Persons Face Check, hosted by Secure Planet, Inc.

Summary

Disclaimer: This summary is not a part of the Terms of Use and is not a legal document. It is simply a handy reference for understanding the full terms. Think of it as the user-friendly interface to the legal language of our Terms of Use.

At Secure Planet, part of our mission is to:

You are free to:

Under the following conditions:

With the understanding that:

Terms of Service

The mission of our Missing Persons Face Check is to enable anyone to help identify a missing person using facial recognition and published information on known missing persons.

Overview

These Terms of Service tell you about our Missing Persons Face Check service, our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that our Missing Persons Face Check enables you to upload a photo of someone you'd like to check against our list of known missing persons, and within a few seconds, you should get a match or "No Match". If you get a match, there will be data helpful in verifying the person's identity and contact information to help get the missing person back to their family and loved ones. By using our Missing Persons Face Check, you are potentially helping someone who needs your help very much, and we'll do our best to provide good information.

1. Our Services

Our Missing Persons Face Check site provides a web application that enables uploading a face photo of someone who may be a missing person. Our site uses a facial recognition algorithm and publicly available lists of missing persons including photos and data. Using the photo you share, we provide a match or "No Match." If the photo you upload matches a known missing person, the person's photo and data are provided to help you verify the missing person's identity and contact appropriate authorities to help the missing person return to their family and loved ones. Although we make every effort to update our database of missing persons, our database is incomplete and facial recognition is not 100% accurate, so our site and service are provided with NO WARRANTY, and the information provided by our site is not guaranteed to be correct.

By uploading your photo, you agree to permit Secure Planet to use it in any way that might conceivably help find missing persons including using it with a facial recognition algorithm, sharing it with others, or any other activity that might help find a missing person or verify that the person in the photo you share is not a missing person.

2. Privacy Policy

By uploading a photo of someone who may be a missing person, you are sharing limited information in the image file you upload as well as certain metadata associated with with using our web site. By using our services, you consent to our using this information in any way and sharing it to help recover missing persons.

In some cases, a missing person does not wish to be found, and their privacy is also of concern. If you upload a photo of a missing person, get a face match, and are subsequently informed that the matched person does not wish to be found, the best practice is still to inform authorities and allow them to take the next steps as are appropriate with due discretion. Law enforcement personnel need to make contact to close the missing persons case, but the missing person won't be in trouble with the law as being a missing person is not a crime. Furthermore, law enforcement is equipped to determine if the missing person is acting freely and with sound judgment, as otherwise safety may be more important than privacy.

3. Content

  1. You may find some part of Missing Persons Face Check information to be objectionable, erroneous, or inconvenient. If so, we want to work with you to improve our Missing Pesons Face Check. We ask that you use common sense and proper judgment when using our services.
  2. Our content is for general informational purposes only.

4. Refraining from Certain Activities

We happily welcome your use of Missing Persons Face Check. It is very unlikely that you would engage in any problematic behavior. However, certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of others, you may not engage in such activities on our sites. These activities include:

Harassing and Abusing Others
  • Engaging in harassment, threats, stalking, spamming, or vandalism; and
  • Transmitting chain mail, junk mail, or spam to other users.
Violating the Privacy of Others
  • Infringing the privacy rights of others under the laws of the United States of America or other applicable laws (which may include the laws where you live or where you view or edit content);
  • Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by the Wikimedia Foundation; and
  • Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.
Engaging in False Statements, Impersonation, or Fraud
  • Intentionally or knowingly posting content that constitutes libel or defamation;
  • With the intent to deceive, posting content that is false or inaccurate;
  • Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
  • Engaging in fraud.
Committing Infringement
  • Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.
Misusing Our Services for Other Illegal Purposes
  • Posting child pornography or any other content that violates applicable law concerning child pornography;
  • Posting or trafficking in obscene material that is unlawful under applicable law; and
  • Using the services in a manner that is inconsistent with applicable law.
Engaging in Disruptive and Illegal Misuse of Facilities
  • Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;
  • Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by Secure Planet, Inc.;
  • Disrupting the services by placing an undue burden on the networks or servers connected with the Missing Persons Face Check website;
  • Disrupting the services by inundating the Missing Persons Face website with communications or other traffic that suggests no serious intent to use the Missing Persons Face website for its stated purpose;
  • Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and
  • Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
  • such actions do not unduly abuse or disrupt our technical systems or networks;
  • such actions are not for personal gain (except for credit for your work);
  • you report any vulnerabilities to Secure Planet developers (or fix it yourself); and
  • you do not undertake such actions with malicious or destructive intent.

We reserve the right to exercise our enforcement discretion with respect to the above terms.

5. Permissible Uses of Photos Uploaded

By using Missing Persons Face Check, you are providing your permission for Secure Planet to use it for facial recognition, sharing with others, and certain technical purposes such as improving algorithms and system software, making backups, and moving it, on your behalf, from one organziation to another. You are also providing permission for us to share it with law enforcement and with research institutions associated with recovering missing persons. All of these purposes are relevant to our mission of identifying missing persons and helping them return to their families and loved ones.

6. Data Retention and Termination

While the Missing Persons Face Check service is offered, we may retain your uploaded photos indefinitely unless you inform us that you would like us to delete your uploaded photos AND a copy of each image file you previously uploaded so that we know which photos to delete. If the Missing Persons Face Check service will no longer be offered, then all uploaded photos will be deleted. Although we hope to continue service for a long time and that you will continue to share photos to Missing Persons Face Check, you can stop using our services any time. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended or the service is no longer offered, these Terms of Service will remain in effect with respect to relevant provisions.

7. Disputes and Jurisdiction

We hope that no serious disagreements arise, but, in the event there is a dispute, we encourage you to seek resolution directly with us at Secure Planet. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Arlington County, Virginia. You also agree that the laws of the State of Virginia and, to the extent applicable, the laws of the United States of America will govern these Terms of Service, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Arlington County, Virginia, in any legal action or proceeding relating to us or these Terms of Service.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Service must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

8. Disclaimers

At Secure Planet, we do our best to provide Missing Persons Face Check to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

We are not responsible for the content based on unforseeable software bugs or technical conditions out of our control, or for our inability to have complete lists of missing persons, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Service.

Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

9. Limitation on Liability

Secure Planet, Inc. will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one hundred U.S. dollars (USD 100.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

10. Modifications to these Terms of Service

Because it may be necessary to modify these Terms of Service from time to time, we will post a link to Terms of Service on your Missing Persons Face Check home page. We ask that you please periodically review the most up-to-date version of these Terms of Service. Your continued use of our services constitutes an acceptance of these Terms of Service on your part. For the protection of Secure Planet, Inc. and other users like yourself, if you do not agree with our Terms of Service, you cannot use our services.

11. Other Terms

These Terms of Service do not create an employment, agency, partnership, or joint venture relationship between you and us, Secure Planet, Inc.. If you have not signed a separate agreement with us, these Terms of Service are the entire agreement between you and us. If there is any conflict between these Terms of Service and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices by postings on our Missing Persons Face Check website.

If in any circumstance, we do not apply or enforce any provision of these Terms of Service, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us.

Notwithstanding any provision to the contrary in these Terms of Service, we (Secure Planet, Inc.) and you agree not to modify the applicable terms and requirements of any information you upload or obtain as authorized by these Terms of Service.

These Terms of Service were written in English (U.S.). While we hope that translations of these Terms of Service are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms of Service is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Service will remain in full force and effect.

Thank You!

We appreciate your taking the time to read these Terms of Service, and we are very happy to have you contributing a photo of someone who may be missing person to Missing Persons Face Check and using our services to help recover missing persons. Through your contributions, you are helping to identify, locate, and recover missign persons. This is a really big deal – without your help, it's hard to identify missing persons and get them home. Please help us improve Missing Persons Face Check if you have ideas. Please help us spread the word. Encourage your family, friends, associates, and neighbors to check anyone they suspect of being a missing person with Missing Persons Face Check and to contact authorities for any match.

These Terms of Service went into effect on August 28, 2023.