by The Safe Community Project
TERMS AND CONDITIONS:
Use of Site
The Safe Community Project reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, or algorithm, or any similar manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any partner or customer of The Safe Community Project, including any The Safe Community Project account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Safe Community Project server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
All text, graphics, user interfaces, visual interfaces, photographs, videos, presentations, trademarks, logos, sounds, music, artwork and computer code (collectively, “The Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Safe Community Project, and is protected by copyright, patent and trademark laws, as well as various other intellectual property rights and unfair competition laws.
Disclaimer of Warranties:
While The Safe Community Project uses reasonable efforts to include up to date information in the Site, The Safe Community Project makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. The Safe Community Project has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party materials on the Site. Neither The Safe Community Project, its parent, subsidiary companies, affiliates, or suppliers operate or control in any respect the information, products or services on these Third Party Sites. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, The Safe Community Project disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing. The Safe Community Project does not warrant that the functions contained in such materials and products, or in the site, will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the site, including the storage services and their contents, or the server that makes them available, are free of viruses or other harmful components.
Limitation of Liability:
Your use of, and browsing in, the site is at your own risk. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the site, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analysis of the information provided hereunder. You acknowledge that your use of the site and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of all necessary maintenance, repair or correction to your computer system or other property. In no event shall The Safe Community Project, its subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the site or with the delay or inability to use the site, or for any information, software, products and services advertised in or obtained through the site, The Safe Community Project’s removal or deletion of any materials or records submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if The Safe Community Project or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that The Safe Community Project, its parent or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the site.
While we are always happy to hear from you, it is The Safe Community Project’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do NOT send to us any original creative materials such as personal accounts of fire incidents, your personal history while on the job (as a firefighter), other stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be deemed the property of and may be used by The Safe Community Project, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Safe Community Project is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any submissions to the Site shall constitute an assignment to The Safe Community Project of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. The Safe Community Project may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to The Safe Community Project and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. The Safe Community Project is and shall be under no obligation to: (1) maintain any of your or any user’s submissions in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user’s submissions.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of The Safe Community Project and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Safe Community Project or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that The Safe Community Project will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, 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 merchant. The Safe Community Project will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.
Chat Rooms / Message Boards / Bulletin Boards:
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of The Safe Community Project; and The Safe Community Project does not have any obligation to monitor, edit, or review any Postings on the Site. The Safe Community Project assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Safe Community Project will fully cooperate with any law enforcement agencies or a court order requesting or directing the The Safe Community Project to disclose the identity of anyone posting any such information or materials.
Should The Safe Community Project choose to provide member-based services (“Services”) on the Site, when you register to use these Services, you may be required to provide certain personally identifiable information about yourself. You agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if The Safe Community Project suspects that your information is untrue, inaccurate, or incomplete, then The Safe Community Project may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services.
The Safe Community Project may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (vi) failure to use the Site or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to The Safe Community Project of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which The Safe Community Project may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to The Safe Community Project and its licensors.
You agree to indemnify and hold The Safe Community Project, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Safe Community Project by any third party due to or arising out of or in connection with your use of the Site.
Children Online Protection Act Notification:
Pursuant to 47 U.S.C. Section 230 (d) as amended, The Safe Community Project hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up website, http://www.netparents.org.
The Site is controlled and Operated by The Safe Community Project from its offices within the State of California, United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about The Safe Community Project’s products and services available in the United States. The Safe Community Project makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Safe Community Project, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Safe Community Project accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), The Safe Community Project has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to The Safe Community Project in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address. E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Void Where Prohibited
The Safe Community Project administers and operates the www.mysafela.org and related websites from its location in California USA; other Safe Community Project sites may be administered and operated from various locations outside the United States. The Safe Community Project reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party or The Safe Community Project bring to enforce this agreement or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in Los Angeles County, California and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
Updated by the Safe Community Project’s Executive Team on January 30, 2021.