SafeCrowd Terms of Use Privacy Policy.docx

IMPORTANT: Before using your SafeCrowd® mobile application (SafeCrowd®) please read these Terms of Use and Personal Privacy provisions associated with the application’s use and functionality.

BY USE OF SAFECROWD® YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF USE AND PRIVACY PROVISIONS. THESE PROVISIONS MAY MODIFY IN PART OR REPLACED WITH A NEW VERSION WITHOUT PRIOR NOTICE. YOU ARE FREE TO DISCONTINUE USE AT ANY TIME.

IMPORTANT: This mobile application is not a replacement for emergency services and may not be inclusive of all risks. If you are in imminent danger you should contact emergency services at once and there is no guarantee that alerts may be received by your device or your emergency alerts may be sent. SafeCrowd® accepts no responsibility for the failure of any user to forward on an alert or to notify emergency services. SafeCrowd® is dependent upon cellular and data connectivity and make no guarantee of compatibility with local data and/or cellular services. This application is intended for entertainment and connectivity via a social networking platform alone and is not intended to be a replacement for good judgment and/or emergency services and make no claim of fitness for use of its intended application.

1. PERSONAL INFORMATION.

When completing your profile you will be asked to provide personal information that will be retained as governed by our privacy policy. It is your responsibility to ensure all information is correct at all times. Information will not be checked nor verified.

2. USE RESTRICTIONS.

Subject to the Terms of Use and once payment are received SafeCrowd® grants you a non-exclusive, non-transferable, non-commercial license, to download, install, and use the mobile application.

3. RESTRICTIONS

A. The end user license agreement is between SafeCrowd® and licensee only, and not with Apple, SafeCrowd® is solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective Date.

B. Each application license is limited to one single mobile device and is not to be shared by more than one person nor made available for use in any form by anyone except the user whose device has downloaded the software.

C. Reverse engineering or changing the code or mode of operation is in direct violation of the terms of use and will result in immediate inactivation of the application without refund or liability.

D. SafeCrowd® reserves the right to make upgrades/changes at anytime without notice and may charge a fee for continued use of the application.

4. INTELLECTUAL PROPERTY

A. The entire application, its mode of operation, code, trademarks, business model, symbols and related documents and/or graphics are the intellectual property of SafeCrowd® and any infringement will be prosecuted to the fullest extent of the law. SafeCrowd® reserves the right and the user accepts jurisdiction within the state of GA and SafeCrowd® may at any time and without notification change venue. SafeCrowd® maintains no liability or indemnification for alleged violations of a third parties intellectual property rights.

B. TESTIMONY OR DOCUMENTATION

In the event SafeCrowd® is required to produce any documentation or required to testify in conjunction with incidence associated with your use of the application you will be responsible for all fees and expenses incurred

5. WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SAFECROWD® APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,

WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SAFECROWD® HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SAFECROWD® APP AND ANY SAFECROWD® SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT THE SAFECROWD® APP WILL FUNCTION AS INTENDED, THAT ALL THE FUNCTIONALLY OR ANY FUNCTIONALITY WILL BE OPERATIONAL AT ALL TIMES. EMERGENCEE DISCLAIMS ANY LIABILITY FOR SYSTEM DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES, OR LACK OF SERVICE. SAFECROWD® ACCEPTS NO LIABILITY OF ANY KIND FOR THE CONSEQUENCES OF USING THE SAFECROWD® APP, THE FAILURE OF THE DELIVERY OF DATA TO CONTACTS YOU HAVE ENTERED IN YOUR PROFILE, OR THE FIALURE OF THE SAFECROWD® APP TO PRODUCE ANY INTENDED BENEFITS.

SAFECROWD® DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SAFECROWD® APP, THAT THE FUNCTIONS CONTAINED IN THE SAFECROWD® APP OR THE SAFECROWD® SERVICES WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE SAFECROWD® APP OR SAFECROWD® SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SAFECROWD® APP OR SAFECROWD® SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAFECROWD® OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE SAFECROWD® APP OR SAFECROWD® SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

6. INDEMNIFICATION.

You agree to indemnify and hold SafeCrowd®, its officers, directors, employees, affiliates, subsidiaries, successors, assigns, directors, officers, agents, service providers, suppliers, employees, and representatives harmless from any and all claims, losses, demands, fines penalties, costs, and expenses including reasonable attorney fees and court costs, made by any third party due to or arising out of, or your violation of any rights of another made by or on behalf of you or any third party in connection with or arising out of your download, access, and/or use of the SafeCrowd® App, including any content or services provided therein, any information transmitted during your use of the SafeCrowd® App, including third party photographs and video or other Content, SMS messages, your violation of any term or condition of the Terms of Use, your breach of any of the representations and warranties herein, and your violation of applicable laws or any rights of another person or entity. You also agree to indemnify SafeCrowd® against any claims made by the contacts listed in your profile based on SafeCrowd® sending communications to those contacts.

7. LIMITATIONS OF LIABILITY.

A. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAFECROWD® BE LIABLE FOR PERSONAL INJURY, DEATH, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SAFECROWD® APP, THE COMPANY’S SERVERS, ANY ASPECT OF THE SAFECROWD® APP SOFTWARE OR THE MESSAGING SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY'S MESSAGING SERVICE, IN EACH CASE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SAFECROWD® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

B. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT STORED ON OR RETRIEVED FROM YOUR MOBILE DEVICE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO KEEP THE INFORMATION IN THE SAFECROWD® APP UP TO DATE, ACCURATE, AND COMPLETE. SAFECROWD® WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO MAKE CHANGES IN CONTACT INFORMATION.

C. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE SAFECROWD® APP AND ITS USE.

8. TERMINATION.

The license granted to you will continue until terminated as provided in this section. Without prejudice to any other rights SafeCrowd®, your license rights will terminate automatically if you violate any provision herein, or if SafeCrowd® sends a written (including email or text message) notice of termination to you directly. You may terminate or cancel the license by discontinuing use of the SafeCrowd® App. In the event of termination, for any reason, you shall cease all use of the SafeCrowd® App, uninstall the SafeCrowd® App from each Mobile Device in which you have installed it, and destroy all copies, full or partial, of the SafeCrowd® App. SafeCrowd® reserves the right to terminate the license to a specific version of the SafeCrowd® App upon issuance of a new version. Except for the license granted in Section 1 and as otherwise expressly provided herein, all sections of these Terms of Use that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

9. NO CONTINUING OBLIGATION.

SafeCrowd® is not obligated by these Terms of Use to continue making the SafeCrowd® App available for any period of time whatsoever.

10. EQUIPMENT.

You must provide the Mobile Device and wireless connections that you will need to use the SafeCrowd® App at your own expense. SafeCrowd® does not guarantee that the SafeCrowd® App can be accessed through or will be compatible with all Mobile Devices or wireless service plans. SafeCrowd® does not guarantee that the SafeCrowd® App is available in all geographic locations. You acknowledge that when you use the SafeCrowd® App, your wireless carrier may charge you standard fees for data, messaging, and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THE SAFECROWD® APP THROUGH YOUR MOBILE DEVICE.

11. LEGAL COMPLIANCE; EXPORT ADMINISTRATION; GOVERNMENT USERS.

A. Legal Compliance. By accepting these Terms of Use, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

B. Export Controls. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the SafeCrowd® App and its use.

C. U.S. Government End-Users. The SafeCrowd® App and any related documentation may be deemed "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to these Terms of Use. Unpublished rights are reserved under the copyright laws of the United States.

12. PRODUCT QUESTIONS, COMMENTS, CLAIMS, AND CONTACT INFORMATION.

SafeCrowd® is responsible for addressing any questions or comments relating to the SafeCrowd® App and/or your possession or use of the SafeCrowd® App. If you have any comments or questions, please contact SafeCrowd® at:

http://SafeCrowd.net

Info@SafeCrowd.net

If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.

13. ENTIRE AGREEMENT; SEVERABILITY.

This agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, except that these Terms of Use shall coexist with, and shall not supersede, the Privacy Policy, and the Apple and Android Terms of Service. To the extent that the provisions of this agreement conflict with the provisions of the Terms of Service, the conflicting provisions in this agreement shall govern. These Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware. The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use remain in full force and effect. 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 Emergency App, the Messaging Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Updated April 24, 2013

SafeCrowd® and its affiliates (collectively, “SafeCrowd®,” “we” or “us”) respects your personal privacy and is committed to adhering to federal and state privacy laws and industry guidelines in order to protect you and your identity. This privacy policy (“Privacy Policy”) describes how we handle the personal information of users of SafeCrowd’s Mobile Application and related services (the “SafeCrowd® Service”). Please be sure to read this entire Privacy Policy before using, submitting, or uploading information and material to the SafeCrowd® Service.

If you are unwilling to accept the terms and conditions of this Privacy Policy, we ask that you do not use the SafeCrowd® Service. By using the SafeCrowd® Service, you agree to the terms of this Privacy Policy. When you submit information via the SafeCrowd® Service, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy.

SafeCrowd® reserves the right to occasionally update this Privacy Policy. At such time, SafeCrowd® will also revise the “last updated” date at the end of the Privacy Policy. For material changes to this Privacy Policy, SafeCrowd® will notify you by placing a prominent notice on the SafeCrowd® Service. We recommend that you periodically review this Privacy Policy.

1. INFORMATION THE COMPANY COLLECTS FROM YOU

A. Registration and Profile Information:

As part of the registration process, you will be asked to provide information including an e-mail address, your name, one or more contact phone numbers and contact information for your designated recipients. If you elect to purchase a premium service, we may collect billing and payment information from you. From time-to-time, the SafeCrowd® Service may include functionality that permits you to provide profile information that may be accessible by recipients that you designate and applicable emergency responders. This profile information may include, but is not limited to: height, weight, personal photos, emergency contact information, allergies, medical conditions, disabilities, vehicle information, and other information that may be of assistance to people responding to incidents you report through the SafeCrowd® Service. You may also have the ability to submit free text notes which includes other information that does not specifically fall within categories offered by the SafeCrowd® Service account management tools.

When you use the SafeCrowd® Service, we will not collect any of the foregoing personally identifiable information about you unless you provide it to us voluntarily. When you create your personal vault of information, you will be asked for both personal and demographic information, some of which is required in order to complete the registration. We will inform you which information is optional.

B. Incident Information: When you use the SafeCrowd® Service to transmit any information pertaining to an incident (including sound, video and other data), SafeCrowd® will collect such information.

C. Geo-Location Information: Unless you disable the geo-location functionality of the application or your mobile device, the SafeCrowd® Service will track your location (when SafeCrowd® is activated and the GPS service on the phone is enabled) and associate/store such location with any messages, data or incidents that you transmit through the SafeCrowd® Service. The SafeCrowd® Service will also utilize your geo-location to determine whether you are with the geographical zone of one or more third party emergency responders that have signed up with SafeCrowd® to receive incident data in their location.

D. Passive Information Collection: As you navigate through a web site component of the SafeCrowd® Service, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as navigational data collection. For example, when using the SafeCrowd® Service, we and/or our service providers may track Internet Protocol addresses, use session and persistent cookies, use session IDs and assign Internet tags. Our system may also automatically gather information about the areas you visit on the SafeCrowd® Service and collect operational information about the technology you use, such as your browser, operating systems, IP address, system and application software, peripherals, Internet service providers and the domain name of the web site from which you linked to the SafeCrowd® Service. In addition, when you view the SafeCrowd® Service, we may store some information on your computer or mobile device. This information will be in the form of a cookie, flash cookie or similar file and will help us in many ways. We reserve the right to use, and to permit our service providers to use, such cookies, flash cookies and web beacons, as well as other comparable or future technologies, to collect information regarding usage of the SafeCrowd® Service or our applications (including use of our applications on third party sites). We passively collect information to understand what areas of the SafeCrowd® Service are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps us to update and improve the SafeCrowd® Service. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.

2. HOW THE COMPANY MAY USE AND DISCLOSE INFORMATION OBTAINED THROUGH THE SERVICE

A. Designated Recipients: During the registration process and through use of account management tools, you will be asked to identify one or more recipients of any incident reports you elect to place through the SafeCrowd® Service. Accordingly, when you utilize the SafeCrowd® Service to initiate an incident, you acknowledge and agree that all content in the incident report will be made available to and accessible by SafeCrowd® and the foregoing recipients and you have no expectation of privacy in connection therewith. SafeCrowd® is not responsible for whether or how such third parties utilize the content and data you send to them.

B. Emergency Responders: From time-to-time, emergency responders (e.g., college campus security, municipalities, etc.) may subscribe to the SafeCrowd® Service. You may view a list of then current emergency responders at any time from within the app. When you are within the designated geographic zone of such emergency responders, such third parties will receive any incidents your report through the SafeCrowd® Service as well as any applicable profile information you have supplied. Accordingly, when you utilize the SafeCrowd® Service to initiate an incident, you acknowledge and agree that all content in the incident report and related profile information will be made available to and accessible by SafeCrowd® and the applicable emergency responders, and you have no expectation of privacy in connection therewith. SafeCrowd® is not responsible for whether or how such third parties utilize the content and data you send to them.

C. SafeCrowd® Use: Your contact information (e.g., e-mail addresses, phone number) will only be used for the purposes for which you supplied it to us (e.g., responding to your comments or requests for information, sending requested newsletters, etc.). Your billing information (credit card number, billing address) will only be used to process transactions between you and SafeCrowd®.

Except as otherwise stated, we may use information collected internally to operate the services described on the SafeCrowd® Service, to improve the SafeCrowd® Service, to customize the SafeCrowd® Service to your preferences, to communicate information to you, for research purposes and for any other purpose specified in this policy. In addition, we may make full use of all information acquired through the SafeCrowd® Service that is not in personally identifiable form.

D. Other SafeCrowd® Disclosures: In addition to the disclosure of your information to recipients and responders as described in clauses 2.A and 2.B above, we may disclose any of the information you provide:

1. (i) to contractors we use to support our business (such as hosting providers, technical support, web analytics and financial institutions), in which case we will require such third parties to agree to use it for the same purposes;

2. (ii) in the event of a sale, merger, liquidation, dissolution, reorganization, assignment or other transfer of SafeCrowd® or the business of the SafeCrowd® Service to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Policy and use it for the same purposes;

3. (iii) to respond to law enforcement requests and subpoenas, where we believe in good faith that such response is required by applicable laws, court orders, or government regulations; and

4. (iv) in situations involving threats to the physical safety of any person.

5. SafeCrowd® does not otherwise distribute to third parties your personally identifiable information. SafeCrowd®, however, will have no liability for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.

E. Usage Statistics, Aggregated Information and De-identified Information: SafeCrowd® may de-identify and aggregate your personal information (including, without limitation, usage statistics and geo-location information) with information from other users of the SafeCrowd® Service. SafeCrowd® may use or disclose such aggregated information for purposes of operating, modifying, improving, promoting or otherwise commercializing the SafeCrowd® Service or the aggregate data, but in no event shall such aggregated information include any personally identifying information.

3. CHOICES YOU HAVE ABOUT HOW THE COMPANY USES YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. You may modify the personal information on your account at any time. However, such modifications or deletions will only affect reports after the date of such modifications; any data associated with prior incident reports will remain unmodified as previously provided to your recipients and stored in our servers. You also have control over which recipients will receive your incident reports and what profile data you elect to include and make accessible.

4. HOW THE COMPANY PROTECTS YOUR INFORMATION

We work hard to protect your personal information. We use both technical and procedural methods to maintain the integrity and security of our databases, including the use of encryption and limited access to data. But you should keep in mind that no Internet transmission is ever completely secure or error-free. PLEASE NOTE: The safety and security of your information also depends on you. Never share your password with anyone else, notify us promptly if you believe your password security has been breached, and remember to log off of the SafeCrowd® Service before you leave your computer or mobile device.

5. WHAT THE COMPANY DOES ABOUT CHILDREN USING THE WEB SITE

The SafeCrowd® Service is not intended for children under the age of 13, and children under 13 are prohibited from using the SafeCrowd® Service. We will not knowingly collect personally identifiable information from visitors under the age of 13. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us via e-mail at Privacy@SafeCrowd App.com if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our databases.

6. CONTACTING SAFECROWD®

Info@SafeCrowd.net
http://SafeCrowd.net