SAFE COMMUNICATIONS, INC.
AnonymousTips.com is a free service offered by Safe Communications, Inc. (“Safe Communications”) and used by law enforcement agencies and school officials across the United States to receive anonymous tips from students and private citizens.
1.1.1 “Consumer” means any individual or entity that visits the Website. Where applicable, the term “Consumer” shall encompass all customers.
1.1.2 “Content” means all material, whether publicly posted or privately transmitted, that Customers upload, post, broadcast, email, transmit, or otherwise make available on the Website or through the Website Services.
1.1.3 “Customer” means any Consumer who uses the Website Services or registers with the Website.
1.1.4 “Safe Communications Trademarks” means any trademarks, tradenames, logos, and other commercial designs of Safe Communications or licensed to Safe Communications, whether or not formal registration exists including, but not limited to, Safe Communications and Anonymous Tips.
1.1.5 “Website” means all of the information and content (in any format whatsoever) accessible through the World Wide Web at the address www.AnonymousTips.com.
1.1.6 “Website Material” means all of the information and content (in any format whatsoever) on the Website or transmitted via the Website Services.
1.1.7 “Website Services” means the services provided by Safe Communications through www.AnonymousTips.com.
(c) as otherwise required by law.
3. Intellectual Property Rights
3.1 Copyright. All of the Website Material is either owned by or licensed to Safe Communications.
3.1.1 All Website Material is proprietary and constitutes valuable intellectual property.
22.214.171.124 All Website Material is copyrighted and protected under treaty provisions and worldwide copyright laws.
126.96.36.199 The Website Material, including that which is transmitted via the Website Services, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without express written permission from Safe Communications.
3.1.2 You may not utilize any part of the Website Materials for commercial purposes without obtaining written consent from us.
3.1.3 By posting to and/or using Safe Communications’s Website and Website Services, you grant Safe Communications the authorization to forward such postings and/or communications to the parties to whom such postings have been directed by you.
3.1.4 By posting to and/or using Safe Communications’s Website and Website Services, you agree that you shall not infringe the copyright of any third parties and shall indemnify Safe Communications from any claims made by third parties against Safe Communications including, but not limited to, copyright infringement.
3.1.6 Customers and Consumers may not frame any elements of this Website within any other website.
3.1.7 Customers and Consumers may not make it appear that they own the Website or that it represents their concept.
3.2.1 Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Safe Communications Trademarks displayed on the Website without Safe Communications’ prior express written permission.
3.2.2 All goodwill generated from Safe Communications Trademarks will inure solely to Safe Communications’ benefit.
3.2.3 All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Safe Communications.
3.2.4 Safe Communications reserves the right to restrict the use of its name, system, and logo.
3.3 Destruction of Materials
4. Consumer Conduct.
4.1 The Website and Website Services shall be used for lawful purposes only.
4.2 DO NOT use the Website and Website Services to communicate notice of emergencies or situations where harm to anyone is imminent. In all cases of emergency or imminent harm, DIAL 911.
4.4 You agree not to reproduce, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not register on behalf of another individual or group, or assign a registration to any other person.
4.5 A username and password are not presently required to use the Website or Website Services.
4.6 You shall be solely and entirely responsible for any and all use of the Website and Website Services.
4.6.1 As a Customer, you may not permit any other person to use the Website or Website Services as you.
4.6.2 You must promptly inform Safe Communications of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Username or password.
4.7 The Website and Website Services shall not be used for any of the following:
4.7.1 Submit tips that are knowingly inaccurate or misleading in any way;
4.7.2 Email or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, disparaging, defamatory, vulgar, obscene, slanderous, libelous, presents a person in a false light, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
4.7.3 Harass or “stalk” any person;
4.7.4 Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
4.7.5 Email or transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.7.6 Attempt to interfere and/or interfere with the Website or Website Services;
4.7.7 Intentionally or unintentionally violating or circumventing any applicable local, state, national, or international law; any rules, regulations or statutes thereunder; or any court orders;
4.7.8 Email or transmit any Content that infringes any intellectual property rights (including patent, trademark, trade secret, copyright or other proprietary rights) of any party;
4.7.9 Email or transmit any Content with the intent to interfere, cause disruption, or cause slowdowns in service of any other internet service or equipment;
4.7.10 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
4.7.11 Email or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.7.12 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Safe Communications in its sole discretion;
4.7.13 Posting any profanity or obscene words or images.
4.7.14 Posting or transmitting, or causing to be posted or transmitted, via the Website or Website Services any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use the Website or Website Services or any of the equipment of Safe Communications to forward any of the foregoing from another source;
188.8.131.52 Safe Communications maintains a strict policy forbidding any spam or misuse of email services within its Website or Website Services.
4.7.15 Posting or transmitting, or causing to be posted or transmitted, via the Website or Website Services any materials advertising any business other than Safe Communications;
184.108.40.206 Safe Communications may provide certain strategic partners an opportunity to advertise via the Website and/or Website Services after receiving express written permission from Safe Communications. For information regarding advertising, contact Safe Communications via the contact form located at http://www.AnonymousTips.com/contact/.
220.127.116.11 Additional and/or different rules may apply in the event Safe Communications dedicates a special forum in the future to the promotion and/or offering of services by Customers.
18.104.22.168 The publication of customer reviews will not constitute advertising.
22.214.171.124 Safe Communications expressly forbids businesses from publishing reviews about themselves – real or fake – on Safe Communications.
126.96.36.199 Safe Communications expressly forbids businesses from publishing negative reviews about their competitors – real or fake – on Safe Communications.
4.7.16 Seeking to obtain private financial information from any Consumer;
4.7.17 Email or transmit any content that a Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.7.18 Email or transmit or export any technical data from the United States to another country in violation of transmission or export laws;
4.7.19 Forward links to web sites or internet content that would violate any of the above; and/or
4.7.20 Attempting to interfere with Safe Communications’s security measures.
4.10 Termination of Use and/or Restriction on Privileges.
4.10.4 Safe Communications also reserves the right to suspend or terminate an individual’s use of the Website and/or Website Services should Safe Communications become involved in pending litigation or other similar dispute with the Customer, in relation to the Customer’s use of the Website and/or Website Services, or for any other reason. Should the Customer become involved in litigation or other similar dispute in relation to the Customer’s use of the Website and/or Website Services, Safe Communications also may suspend or terminate the Customer’s use thereof immediately and without notice.
4.10.5 Should your use of the Website and/or Website Services become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your use of the Website and/or Website Services and/or the termination thereof.
4.10.6 Safe Communications shall not be liable to you or any third-party for any termination of your use of the Website or Website Services.
4.10.8 Any Customer whose use has been terminated by Safe Communications may not access the Website or the Website Services without the prior express written permission of Safe Communications
4.10.9 Should the Website and/or Website Services become terminated or suspended, all use of the Website and/or Website Services shall be terminated immediately, without any prior notifications by Safe Communications.
5. Website Services.
5.2 Use of Website Services.
5.2.1 DO NOT use the Website and Website Services to communicate notice of emergencies or situations where harm to anyone is imminent. In all cases of emergency or imminent harm, DIAL 911.
5.2.2 Safe Communications does not endorse Content provided by Customers that is made available via the Website and/or Website Services.
5.2.4 Safe Communications is not responsible for any and all defamatory, libelous, or slanderous Content posted by its Customers.
5.2.5 If you believe any Website Content violates your rights in any way, you may contact Safe Communications via info@SafeCommunications.com.
6. DISCLAIMER OF WARRANTIES
6.1 THE WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
6.2 SAFE COMMUNICATIONS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
6.2.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
188.8.131.52 THE WEBSITE/WEBSITE SERVICES;
184.108.40.206 ANONYMOUS TIPS BEING RECEIVED BY INTENDED RECIPIENTS; AND
220.127.116.11 THE ABILITY OF THE WEBSITE/WEBSITE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
6.2.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
6.2.3 ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF (OR ERRORS IN):
18.104.22.168 ANONYMOUS TIPS; and,
22.214.171.124 THE CONTENTS OF ANONYMOUS TIPS;
6.2.4 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
6.2.5 ANY WARRANTIES OF NON-INFRINGEMENT; AND
6.2.6 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF SAFE COMMUNICATIONS IN THE WEBSITE/WEBSITE SERVICES, OR ANY WARRANTY THAT THE WEBSITE/WEBSITE SERVICES DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
6.3 WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE OR WEBSITE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER.
6.4 SAFE COMMUNICATIONS MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
6.5 SAFE COMMUNICATIONS DOES NOT GUARANTEE SUCCESSFUL DELIVERY AND/OR TRANSMISSION OF ANY ANONYMOUS TIP.
6.6 SAFE COMMUNICATIONS DOES NOT GUARANTEE THE AUTHENTICITY OF ANY TIP OR INFORMATION SENT THROUGH THE WEBSITE OR WEBSITE SERVICES.
6.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE WEBSITE AND/OR WEBSITE SERVICES.
7. ADDITIONAL DISCLAIMERS
7.1 Third Party Links and Products.
7.1.1 IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES, SAFE COMMUNICATIONS MAY PROVIDE YOU WITH LINKS TO WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
7.1.2 SAFE COMMUNICATIONS HAS NO CONTROL OVER SUCH WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
7.1.3 SAFE COMMUNICATIONS IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
7.1.4 SAFE COMMUNICATIONS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
7.1.5 SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
7.1.6 SAFE COMMUNICATIONS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
7.1.7 SAFE COMMUNICATIONS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CONSUMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL SAFE COMMUNICATIONS; ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS; OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, AND ANY OTHER KIND OF DAMAGE OR INTANGIBLE LOSS), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE WEBSITE SERVICES, EVEN IF SAFE COMMUNICATIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
8.2 SAFE COMMUNICATIONS SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILAIBILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURENCES.
8.3 SAFE COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES
8.5 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
8.5.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE OR WEBSITE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR THE WEBSITE SERVICES WILL BE CORRECTED.
8.5.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND WEBSITE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
8.6 THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
8.8 SAFE COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ANY CONTENT THROUGH THIS WEBSITE.
8.8.1 WITHOUT WAIVING THE FOREGOING, A CONSUMER SHALL NOT BE ENTITLED TO ANY DAMAGES UNLESS SAID CONSUMER IS ALSO A CUSTOMER.
8.8.2 WITHOUT WAIVING THE FOREGOING, A CUSTOMER’S DAMAGES SHALL NOT EXCEED THE VALUE OF ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE OR WEBSITE SERVICES.
8.9 SAFE COMMUNICATIONS SPECIFICALLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE ANONYMOUS TIPS COMMUNICATED THROUGH THE WEBSITE BY ITS CUSTOMERS.
8.10 THE FOREGOING LIMITATIONS OF LIABILIY SHALL ALSO EXPRESSLY APPLY TO ANY DAMAGES, INJURIES, OR CLAIMS (OF ANY KIND) CAUSED BY AND/OR EMANATING FROM THE DISCLOSURE OF ANY PARTY’S IDENTIY OR IDENTIFYING INFORMATION.
10. Procedures of Subpoenas
10.1 Safe Communications may reveal a Customer’s personally identifying information upon receipt of a valid and properly served subpoena.
10.2 Any subpoena must be personally served upon Safe Communications at 7740 East Evans Road, Scottsdale, AZ 85260.
10.3 Any subpoena must specifically identify (a) the content about which personally identifying information is sought; (b) the date such content was sent; (c) the recipients of such content; (d) the purposes for which personally identifying information is sought; and (e) any additional information justifying disclosure.
10.4 Given that Safe Communications destroys certain information in the normal course of business, notice should be served upon Safe Communications should a party seek to have information preserved. Safe Communications does not guarantee the preservation of any evidence absent serviced upon Safe Communications of a valid court order compelling such preservation.
11. General Provisions
11.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein.
11.11.1 No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
11.11.2 The failure of Safe Communications to insist, in any one or more instances, upon the performance of any of the terms of this Agreement or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
11.13 Restricted Locations.
11.13.1 The Website and Website Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
11.13.2 The Website may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Website and/or the Website Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.