LAST UPDATED: JANUARY 18, 2015
Please read these Terms carefully before using the Website. If you have any suggestions that can help us improve it or any questions about this Terms, please contact us at Info@SafeWorldCo.com.
1. ACCEPTANCE OF TERMS
1.2. SafeWorld reserves the right to modify, amend, update, or delete these Terms at any time and for any reason without notice to you. Any such modifications, amendments, updates or deletions will be effective immediately upon posting. Your continued use of the Website after such posting shall be deemed to constitute acceptance by you of the changes. Also, SafeWorld may change or discontinue any aspect, service or feature of the Website (e.g., content, availability, etc.) at any time.
2. SCOPE OF USE
The Website is provided for your personal information and non-commercial use. The commercial use, reproduction, transmission or distribution of any information, software or other material made available through the Website without the prior written consent of SafeWorld is strictly prohibited. You agree to use the Website only for purposes that are lawful and permitted by the Terms. You specifically agree not to access (or attempt to access), or systematically retrieve data from, any part of the Website through any automated means (including use of scripts, bots or web crawlers). Gathering data from the Website by means of harvesting or automated means is strictly prohibited. You agree that you will not engage in any activity that interferes with or disrupts the Website or interferes with any other party’s use and enjoyment of the Website.
2.1. USER CONTENT
SafeWorld does not claim ownership of any User Content you post, submit or upload to the Website. By submitting, posting or uploading User Content to the Website, you automatically and hereby grant to SafeWorld, its affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, publish, perform, display, exhibit, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed. You also permit any other user to access, view and store or reproduce the User Content for that user’s personal use.
If you post or upload any User Content to the Website, you further agree to the following rules of conduct:
i) You agree not to post or upload any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
ii) You agree that if necessary, you have the consent of each and every identifiable person in any User Content you upload or post to use such person’s name or likeness in the manner contemplated by the Website;
iii) You agree not to post or upload any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
iv) You agree not to post or upload any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
v) You agree not to post or upload any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
vi) You agree not to post or upload User Content which contains advertising, marketing or any solicitation for products or services, or any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
vii) You agree not to impersonate any person or entity, including, but not limited to, any SafeWorld employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
viii) You agree not to “stalk” or otherwise harass another;
ix) You agree not to collect or store personal data about other users or otherwise violate another user’s privacy;
x) You agree not to post or upload any User Content 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;
xi) You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website;
xii) You agree not to upload or post any User Content that violates, infringes or misappropriates any third party’s copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by SafeWorld, in its sole discretion, to have violated the rights of others shall be barred from submitting or posting any further material on the Website;
xiii) You agree not to publish User Content, or links to content, that is pornographic, sexually explicit, or violent; illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another); reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous; and breaches another’s privacy.
xiv) You hereby certify that you are at least 13 years of age. Individuals under the age of 13 are prohibited from using the Website; and
xv) You agree not to use the services offered through the Website if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
2.2. SUGGESTIONS SUBMITTED TO SAFEWORLD THROUGH THE WEBSITE
By submitting ideas, suggestions, documents, and/or proposals (“Suggestions”) to SafeWorld through the Website, you acknowledge and agree that:
i) Your Suggestions do not contain confidential or proprietary information;
ii) SafeWorld is not under any obligation of confidentiality, express or implied, with respect to the Suggestions;
iii) SafeWorld may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide;
iv) SafeWorld may have something similar to the Suggestions already under consideration or in development;
v) Your Suggestions automatically become the property of SafeWorld without any obligation of SafeWorld to you and you hereby assign to SafeWorld all right, title and interest (including all intellectual property rights) in such Suggestions; and
vi) You are not entitled to any compensation or reimbursement of any kind from SafeWorld under any circumstances.
3. INTELLECTUAL PROPERTY
You acknowledge that the Website contains text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively “Content”) that is protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The Content and all rights therein is the exclusive property of SafeWorld or its licensors. Without limiting the generality of the foregoing, SafeWorld owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in some or all of the content original to it. You may not copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content in whole or in part without the express permission of SafeWorld and its licensors or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the Content by use of the Website.
You agree that all of SafeWorld’s and its subsidiaries’ and affiliates’ trademarks, certification marks, trade names, service marks and other SafeWorld logos and brand features (collectively, “SafeWorld Marks”) are the exclusive property of SafeWorld or its subsidiaries or affiliates. Without SafeWorld’s prior written permission, you agree not to display or use the SafeWorld Marks in any manner. Without limiting the generality of the foregoing, nothing herein shall be construed as granting you any rights to use any SafeWorld certification marks.
For information regarding written permission and the use of SafeWorld Marks, please contact SafeWorld at: Info@SafeWorldCo.com.
4. ADVERTISEMENTS AND PROMOTIONS
SafeWorld may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SafeWorld is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
5. COPYRIGHT COMPLIANCE
SafeWorld respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who infringe the rights of copyright holders. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please provide SafeWorld the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyright 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;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity 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;
iv) Information reasonably sufficient to permit us to contact the complaining party;
v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
6. THIRD PARTY LINKS AND SERVICES
In order to establish a hyperlink to the Website, you must contact SafeWorld to obtain SafeWorld’s approval of the link. You may only use the text and images provided or approved by SafeWorld, in the manner and location specified by SafeWorld, and you must abide by the terms and conditions provided by SafeWorld at that time.
7. DISCLAIMER OF WARRANTY
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAFEWORLD, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE.
8. LIMITATION OF LIABILITY
NEITHER SAFEWORLD, ITS SUBSIDIARIES AND AFFILIATES, EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE WEBSITE OR THIRD-PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAFEWORLD, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAFEWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold SafeWorld, its subsidiaries and affiliates, and each of their respective trustees, officers, successors, assigns, employees, agents, contractors, partners, content providers and licensors harmless from and against any and all liability, demand, loss, claim, damages, expense, or costs, including but not limited to attorneys’ fees, made by any third party due to or arising out of:
i) The purchase, sale or other distribution of Commercial Products;
ii) Your use of the Website;
iii) Content you submit, post, transmit, modify or otherwise make available through the Website;
iv) Your violation of these Terms; or
iv) Your violation of any rights of another.
SafeWorld may terminate, limit or suspend your access to the Website at any time without notice to you. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in SafeWorld’s sole discretion and that SafeWorld shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website. Grounds for such termination, limitation of access or suspension include without limitation:
i) Breaches or violations of these Terms;
ii) Requests by law enforcement or other government agencies;
iii) Discontinuance or material modification to the Website (or any part thereof);
iv) Unexpected technical or security issues or problems; and/or
v) Engagement by you in fraudulent or illegal activities.
11. PRIVACY AND PERSONAL INFORMATION
12. INTERNATIONAL USERS
The Website is administered by SafeWorld from its offices in the United States. Any materials published on the Website may refer to products, programs, or services that are not available in your country. Consult your local SafeWorld business contact in this regard.
Furthermore, SafeWorld makes no representation that the Website is appropriate or available for use at other locations outside of the United States. Access to the Website from territories where the Website’s content is illegal is prohibited.
You may not use the Website or export information and materials in violation of the export laws of the United States or any other country. If you access the Website from a location outside of the United States, you are responsible for compliance with all applicable laws.
13.1. GOVERNING LAW AND JURISDICTION
You and SafeWorld each agree that these Terms and the relationship between the parties shall be governed by the laws of the state of Montana, USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and SafeWorld, shall be brought exclusively in the courts located in Richland County or the U.S. District Court for the District of Montana. You and SafeWorld each agree to submit to the exclusive personal jurisdiction of the courts located within Richland County or the District of Montana, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
13.2. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and SafeWorld and governs your use of the Website, superseding any prior version of these Terms between you and SafeWorld with respect to the Website. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
13.3. SEPARATE AGREEMENT
You may have other agreements with SafeWorld or its affiliates or subsidiaries. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with SafeWorld.
13.4. NO PROFESSIONAL ADVICE
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Use of the information on this Website is at your own risk.
13.5. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13.6. WAIVER AND SEVERABILITY OF TERMS
The failure of SafeWorld to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.