This statement governs our relationship with users and others who interact with Amerisafe.org. By using this website you agree to these terms:
1. You own all of the content and information you post on Amerisafe.org.. This Includes:
- a. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your“account settings” and“privacy options”: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Amerisafe.org ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- b. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- c. When you use an outside application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- d. When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Amerisafe.org, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- e. We always appreciate your feedback or other suggestions about Amerisafe.org, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- 2. Regarding Marketing
- For marketing purposes, Amerisafe.org may proffer advertisements targeted to specific demographic groups within the user community. However, these transaction will be conducted in a manner so as to preserve the anonymity of its users. No outside parties will ever own, purchase or have database access to the information of the Amerisafe.org user community.
3. Regarding Users’ Safety
a. Users are responsible for discerning the worthiness of those with whom they associate and befriend. Amerisafe.org is not responsible for the safety or well being of any person(s) from any relationship or association that arises either directly or indirectly from this website or any of its user-generated groups, or events, whether formal or informal, private or public.
b. Amerisafe.org will not be held responsible for any harm or damages that may arise from a user submitting or posting private information on their profile.
c. In the event a user uses this site for criminal activity Amerisafe.org will cooperate with law-enforcement to bring the offender(s) to justice.
d. We do our best to keep Amerisafe.org safe and positive, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Amerisafe.org.
- 2. You will not collect users' content or information, or otherwise access Amerisafe.org, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Amerisafe.org.
- 4. You will not upload viruses or other malicious code.
- 5. You will not solicit login information or access an account belonging to someone else.
- 6. You will not bully, intimidate, or harass any user.
- 7. You will not post content that: is genuinely hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- 8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements).
- 9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Amerisafe.org without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
- 10. You will not use Amerisafe.org to do anything unlawful, misleading, malicious, or discriminatory.
- 11. You will not do anything that could disable, overburden, or impair the proper working of Amerisafe.org, such as a denial of service attack.
- 12. You will not create more than one profile, and if we disable your account, you will not create another one without our permission.
- 13. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- 14. You will not use Amerisafe.org if you are under 13.
- 15. You will not use Amerisafe.org if you are a convicted sex offender.
- 16. You will keep your profile information accurate and up-to-date.
- 17. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
- 18. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- 19. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when another MC or a trademark owner complains about a username).
4. Protecting Other People's Rights is a matter of practicing mutual respect.
- a. You will not post content or take any action on Amerisafe.org that infringes or violates someone else's rights or otherwise violates the law.
- b. We can remove any content or information you post on Amerisafe.org if we believe that it violates this Statement.
- c. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you can appeal by contacting us.
- d. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- e. You will not use our RhymeSpitters copyrights or trademarks or any confusingly similar marks, without our written permission.
- g. You will not post anyone's identification documents or sensitive financial information on Amerisafe.org.
5. Special Provisions Applicable to Share Links. If you link Amerisafe.org to your website, the following additional terms apply to you:
- a. We give you permission to use Amerisafe.org's Share Link button so that users can post links or content from your website on Amerisafe.org.
- b. You give us permission to use and allow others to use such links and content on Amerisafe.org.
- c. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Amerisafe.org.
6. About Advertisements on Amerisafe.org. Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
a. We do not give your content or information to advertisers without your consent.
- b. Advertisers may target a specific audience by buying ads on Amerisafe.org.
- c. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
- 1. When you place an Order, you will tell us the type of advertising you want to buy, and the quantity, and the amount you want to spend.
- 2. If we accept your Order, we will deliver your ads as inventory becomes available.
- 3. We will determine the size, placement, and positioning of your ads.
- 4. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- 5. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- 6. Ad purchases may not be refunded.
- 7. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
- 8. We can use your ads and related content and information for marketing or promotional purposes.
- 9. You will not issue any press release or make public statements about your relationship with Amerisafe.org without written permission.
- 10. We may reject or remove any ad for any reason.
- 11. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following: a) You warrant that you have the legal authority to bind the advertiser to this Statement. b) You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- We can change this Terms of Service if we provide you notice (by announcing via a mass email to our users). All proposed changes will first be announced to the user community so that their privacy and confidence in Amerisafe.org are preserved.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Amerisafe.org to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1a, 1d, 1e, and 3c.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Amerisafe.org exclusively in a state or federal court located in Cook County. The laws of the State of Illinois will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Cook County, Illinois for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Amerisafe.org, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP Amerisafe.org UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Amerisafe.org "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Amerisafe.org WILL BE SAFE OR SECURE. Amerisafe.org IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOU AGREE TO WAIVE ANY CIVIL CODES WHICH SAY, IN EFFECT, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Amerisafe.org, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR RHYMESPIITERS.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Amerisafe.org’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Special Provisions Applicable to Users Outside the United States:
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- a. You consent to having your personal data transferred to and processed in the United States.
- b. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Amerisafe.org (such as advertising or payments) or operate a Platform application or website.
- By "Amerisafe.org" we mean the features and services we make available, including through (a) our website at Amerisafe.org and any other RhymeSpitters branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed; (d) and any live events that Amerisafe.org or Catacomb Media, LLC may host.
- By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Amerisafe.org or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on Amerisafe.org that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from Amerisafe.org or provide to Amerisafe.org through Platform.
- By "post" we mean post on Amerisafe.org or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.
- a) This Statement makes up the entire agreement between the parties regarding Amerisafe.org, and supersedes any prior agreements.
- b) If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- c) If we fail to enforce any of this Statement, it will not be considered a waiver.
- d) Any amendment to or waiver of this Statement must be made in writing and signed by us.
- e) You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- f) All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- g) Nothing in this Statement shall prevent us from complying with the law.
- h) This Statement does not confer any third party beneficiary rights.
i) You will not facilitate or encourage any violations of this Statement. Failure to do so could result in your account being cancelled. Also, Amerisafe.org is not responsible for policing every violation, nor the harm that may arise from not having disciplined every violation.
Amerisafe.org was launched in 2010 and is wholly owned by Catacomb Media, LLC.