CameraConnectDC Terms and Conditions
I. INTRODUCTION
The Camera Connect DC, Camera Sharing Program Terms and Conditions govern the access, sharing, and use of video accessed by the Metropolitan Police Department (Washington DC) from you or your organization with your principal address indicated within the Camera Registry portal (a "Community Member"). As used herein, "You" shall mean the individual who signs these terms and conditions (this "Agreement") as well as the organization you represent.
II. PURPOSE
a. The District of Columbia and the Metropolitan Police Department ("MPD") are dedicated to improving the quality of life of residents of the District of Columbia. Private security cameras installed throughout the District may sometimes capture footage of emergency situations or criminal activity. The District currently has a contract with FUSUS LLC ("Fusus") for a video and data collaboration platform utilizing fususCORE Devices. This platform allows for the integration (sharing)of video camera systems through an integration device that can connect to camera systems to act as a secured buffered video gateway.
b. In the spirit of collaboration and to aid in improved situational awareness and potential efficiency of emergencies, you agree to allow for the integration of your video surveillance system to be accessed and shared with the Metropolitan Police Department. It is neither intended nor expected that your cameras will be routinely monitored in real-time by MPD. Video access by MPD also does not constitute a commitment on the part of MPD that video will be viewed in emergencies or when requested by you.
III. AUTHORIZATION TO VIEW, RECORD, DOWNLOAD, AND USE DATA
a. To the extent shared with the District of Columbia by you, you hereby grant a perpetual, non-exclusive license to the District to access, view, download, and otherwise use all video or any other information and data furnished or made available to the District by you through the camera integration (sharing) program.
b. You understand that the video and other information and data provided pursuant to this program is primarily to be used to promote public safety. The District of Columbia has the right to share such video or other data obtained with other local, state, and federal agencies for law enforcement purposes and for any other lawful purpose.
IV. YOUR RESPONSIBILITIES
a. You expressly understand, acknowledge, and agree that the District's platform through Fusus is subject to change by the District without notice to you. Nothing contained in this Agreement shall be deemed a representation or warranty by the District of Columbia that MPD will continue to utilize the Fusus platform, nor that such platform will remain compatible with any device purchased, developed, or otherwise obtained or used by you now or in the future.
b. You agree that only video data from cameras facing areas where no one has a reasonable expectation of privacy will be shared with the District. You will not allow any audio recordings or audio data to be transmitted or accessed by the District as part of this camera sharing program and any audio recordings or data will not be monitored by MPD.
c. You will provide MPD with at least one point of contact with a basic understanding of Community Member's inventory and locations of surveillance cameras as may be required for video registration or sharing. In the case of video sharing, typical configuration should take less than an hour and may require the installation of additional hardware at your location(s). You will provide the information needed by MPD for your system and the District's platform to interrelate, including but not limited to the camera make, model IP address, and camera and/or associated DVR/NVR login information.
V. RESPONSIBILITY OF MPD
a. MPD will only access video resources designated by you for sharing into MPD's video software platform. Except as required by law, MPD will not share access to your camera locations or views with members of the public, or outside of law enforcement personnel, without the prior written consent of you. Further, MPD will ensure video access within MPD is strictly limited to personnel responsible for monitoring the system, law enforcement members reviewing video for a legitimate law enforcement purpose, and authorized login metadata will be tracked and logged. Finally, MPD will ensure any employee responsible for video access is trained on system use and security of access.
VI. LIMITATION & WAIVER OF LIABILITY
a. The District and the Community Member shall be solely responsible for its own equipment and the actions of its own officers, agents, and employees.
b. Nothing in this agreement shall be construed as creating an agency relationship between the District and you. You understand that you are not acting as an agent and/or employee of the District.
c. In no event will the District or you be liable to the other for any indirect, incidental, special, exemplary, punitive or consequential damages of any kind, including but not limited to lost revenues, profits, or goodwill, for any matter arising out of or in connection with the performance or nonperformance of the terms and conditions set forth herein.
d. You hereby agree to hold the District (including their agents and employees) harmless from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, actions, and costs of actions for any matter arising out of or in any way related to participation in the Camera Connect DC Camera Integration/sharing Program.
VII. TERM AND TERMINATION
a. These Terms and Conditions shall be effective as of the date this agreement is signed by the last authorized signatory to sign and shall continue in effect thereafter until terminated.
b. The provisions of these Terms and Conditions herein may only be amended or waived by mutual written agreement by both parties.
c. Either party may terminate this Terms and Conditions and any related agreement at any time and for any reason by giving written notice to the other party.
d. This agreement may not be assigned without the express written consent of the District of Columbia.
VIII. ENTIRETY OF THE AGREEMENT
a. You acknowledge that these terms and conditions embody the entire and complete understanding and agreement between the parties and no amendment will be effective unless done in writing and agreed to by the CityDistrict of Columbia.
IX. APPLICABLE LAW
a. All matters relating to these Terms and Conditions and any other related agreement shall be governed by the laws of the District of Columbia without regard to its choice of law provisions and venue for any related actions shall be in the courts of District of Columbia.
X. AUTHORITY TO ENTER INTO AGREEMENT
By clicking "Agree," I (a) understand that I am legally bound by the Terms and Conditions, and (b) if you are entering into this Agreement on behalf of a corporation, governmental organization, or other legal entity, that you have the right, power, and authority to bind that entity to these Terms and Conditions.