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8 years ago

Terms

Terms

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TERMS OF SERVICE

  1. 1.                  Welcome

Welcome to the Terms of Service for My Police Department.org a website and My Police Department an application that allows users to submit information anonymously to police departments and connect in various ways. This is an agreement (“Agreement”) between Wired Blue, LLC., (“MyPoliceDepartment”), the owner and operator of www.MyPoliceDepartment.org (“Site”), the MyPoliceDeparment application (“App”) and any services performed by the app or website (collectively referred to as “Service(s)”) and you (“you”, “your” or “user(s)”) a user of the Site and Service.   This Agreement is legally binding and governs your use of our Site and Service.

Throughout this document, the words “My Police Department,”  “us,”  “we,” and “our,” refer to our company, Wired Blue, LLC. and our website, MyPoliceDepartment.org, our phone application My Police Department or our Service, My Police Department, as is appropriate in the context of the use of the words.  

Please read the Terms of Service and the Privacy Policy before using our Site or Service.  By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy.

We may amend our Terms of Service or Privacy Policy from time to time, your continued use of our Site or Service will constitute acknowledgement and consent to any amendments made within the Privacy Policy and Terms of Service.

If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately.  Additionally, users of our Site, App or Service must be above the age of 13.  If you are under the age of 13 please stop using our Site, App or Service immediately.   If you are between the ages of 13 and 18 please get your parent’s permission before using our Site, App or Service.

  1. 2.                  My Police Department Description of Service

My Police Department provides simple, safe and secure web forms, which police departments can provide to the public. These forms include Crime Tips, Commend an Officer, and Questions and Feedback (“forms”). Additionally, we offer an App that allows you to do the same things from your iPhone or Android, in addition the app offers other ways to connect and various links and information and notification options.

Any member of the public can use our Service to send a message to the local police agency of their choosing. We provide you, the user, with anonymity when submitting your forms to the police because we do not collect any personally identifiable information and generally will not release any information collected by us.

 

Therefore as a member of the public you may submit information through us to your local police department while still maintaining your privacy and anonymity.

 

  1. 3.                  User Information

 

You may use My Police Department without registering for an account or submitting any personally identifiable information to us.  All the forms available on MyPoliceDepartment.org or our App may be filled out anonymously.

 

The forms that are submitted to your local police station may ask you to provide your name, email, telephone number or address.  However, any personally identifiable information is purely optional. All information submitted by you on our forms will be forwarded verbatim to your local police department.

 

  1. 4.                  Submission of Forms

 

A user may use our Service to submit Crime Tips, Commend an Officer, and Questions and Feedback forms to their local law enforcement agency.  These forms will ask a series of questions, contain fill in the blank statements and allow you to attach either photos or videos.  Please be aware that we will not collect any personally identifiable information from any forms that you submit to us.  However, the forms will be submitted in an unaltered and unedited state to your local law enforcement agency.  Therefore, any information you do not wish to disclose should not be submitted onto any of our forms.  Please be aware that photos or videos you submit may contain metadata that personally identifies you.

 

  1. 5.                  Your Responsibilities

You are responsible for your use of My Police Department. You also agree that your use of My Police Department is for personal non-commercial use. You agree not to access, copy, or use My Police Department, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by My Police Department. Additionally, if you use our Site, App or any forms located on MyPoliceDepartment.org improperly or illegally, we may forward such information to law enforcement.

My Police Department is a community of users and we expect everyone to act reasonably and respectfully at all times during their use of our Site, App and Service.  We’ve created a non-exhaustive list of responsibilities that you must agree to before using our Service.  By using our Site, App and Service:

  1. You agree to act within the bounds of common decency when using our website;
    1. You agree not to stalk, harass, bully or harm another individual;
      1. You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
      2. You agree not to violate any requirements, procedures, policies or regulations of networks connected to My Police Department;
  2. You agree not to interfere with or disrupt My Police Department;
  3. You agree not to hack, spam or phish us or other members or users;
    1. You agree to provide truthful and accurate content;
    2. You agree to not violate any laws or regulations and you are solely responsible for such violations;
    3. You will not use our Site or App to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, content or information or post any information or content about a company or individual;
    4. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
    5. You are expressly prohibited from accessing My Police Department through a virtual private network or by proxy for any unlawful reasons.

 

My Police Department may terminate your access for a violation of any of these responsibilities, for violating applicable federal or state law, any other provision in this Agreement, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.

 

  1. 6.                  Limitations on Liability

 

My Police Department is not liable to third parties for any user content submitted to My Police Department.  For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

 

  1. Through our Site, App or Service, users may post content or information about an individual or company.  We are not responsible for any of this content or information;
  2. We are not required to or under any obligation to review, screen, edit, monitor, or remove any user content on our website and we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
  3. We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
  4. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of My Police Department, whether arising in tort or contract, law or equity;
  5. You agree not to hold us liable for any negative or critical comments submitted by a user. You are not obligated to release a user who submits content that violate any of My Police Department’s Terms of Service or other policies stated anywhere on its website;
  6. My Police Department is not liable under any circumstances to any user for any content submitted by a user, even if that content violates My Police Department’ Terms of Service or other policies, and My Police Department takes no action to remove that content, terminate that member’s account or any action whatsoever;
  7. You agree that we are not a developer of any user content contained within our forms or content submitted through our Service. Users who use our Service are the sole creators and developers of any content submitted through our Service;
  8. Your ability to use or interact with this Site and App are a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.

 

My Police Department shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages.  In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount.

  1. 7.                  Intellectual Property Rights

The design of the My Police Department Service along with MyPoliceDepartment created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to My Police Department, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. My Police Department reserves all rights not expressly granted in and to the Service and the Site or App. You agree to not engage in the use, copying, or distribution anything contained within the Site, App or Service unless we have given you express written permission.

  1. 8.                  User Content on My Police Department

My Police Department may allow you to submit material for hosting, display, and distribution to local police stations through our form submission system.  My Police Department is only acting as a repository of data.  User submitted content does not necessarily represent the views or opinions of My Police Department.  We make no guarantees as to the validity, accuracy or legal status of user content.  Content that is submitted by users is also subject to our Privacy Policy.

When users submit any content to us, you grant My Police Department and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through My Police Department or any other medium currently invented or invented in the future.

We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit your content, and may remove or delete them from My Police Department at any time.

By submitting any user content, such as pictures or video, you hereby represent and warrant that you own all rights to your content or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your post. Finally, you promise that your post does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

As a police department who uses the My Police Department Service you will be exposed to a variety of content from various sources, and that My Police Department is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content are not the responsibility of My Police Department. You further understand and acknowledge that you may be exposed to posts that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against My Police Department with respect thereto, and agree to indemnify and hold My Police Department, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  1. 9.                  Representations and Warranties

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

 

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

 

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

 

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

 

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

  1. 10.              Indemnity

You agree to defend, indemnify and hold harmless My Police Department, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the My Police Department Service;
  2. your violation of any term of these Terms of Service;
  3. your violation of any third party right, including without limitation any copyright, defamation, property, or privacy right; or
  4. any claim that any content you submitted to us caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the My Police Department Service.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

  1. 11.              Wireless Charges

 

Our Site, App and Service are free to use.  However, if you are using our App or accessing our Site or Service through a wireless device you may be subject to charges by your wireless telephone service provider.  Please check with your wireless service provider to understand what fees may be charged to your device for using our App or visiting our Site.  We are not responsible for any charges or fees that may be billed to you as a result of using any of our Services.

 

  1. 12.              Service/Application Limited License

 

Subject to your agreement and in compliance with these Terms of Service and the Privacy Policy, we grant you a limited, non-exclusive, non-transferable revocable limited license to use our Service or App on your wireless mobile device.

 

  1. 13.              Communications Decency Act

 

We respect the First Amendment and allow our users to create content which is user-generated.   However, this is an online community so please be respectful and reasonable while our Service.  Since third parties independently upload their content to our Service, we are not liable for any defamatory content submitted to our Site.  We are a passive service that only hosts or sends content generated by users, we do not alter or produce any content submitted. Although we may choose to edit or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America.

 

If you are considering attempting to circumvent these defenses by filing suit against us in another country for something a third party posts to our website, we recommend that you review the “SPEECH Act” as passed by the United States Congress, which prevents any such judgments from being domesticated within the United States.

 

  1. 14.              DMCA Notices

 

We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.  If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

 

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent info@wiredblue.co  or mail it us at Copyright Agent, Wired Blue, LLC., 300 Andover Street Suite 180,  Peabody, MA 01960

 

  1. 15.              COPPA Compliance

 

MyPoliceDepartment.org, the App and its Services may only be used by persons over 13 years of age.  My Police Department in no way targets children under the age of 13.  If you are under 13 please stop using our Site immediately, please do not submit any information to us.

 

  1. 16.                Choice of Law

 

This Agreement shall be governed by the laws in force in Massachusetts.  The offer and acceptance of this contract is deemed to have occurred in Massachusetts.

 

  1. 17.               Forum of Dispute

 

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Peabody, MA. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

 

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

 

  1. 18.              Force Majeure

 

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

  1. 19.                Severability

 

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

 

  1. 20.              Non-Waiver

 

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

  1. 21.                Termination and Cancellation

 

We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement please contact us immediately. Cancellation may result in the immediate deletion of any content that you have submitted to My Police Department. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. 22.                Assignment

 

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

  1. 23.                Amendments

 

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.  You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.

 

  1. 24.              California Users and Residents

 

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about My Police Department must be addressed to our agent for notice and sent via certified mail to: Wired Blue, LLC., 300 Andover Street Suite 180,  Peabody, MA 01960.

 

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Last Amended: September 19, 2012

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