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Terms
of Service:
The following terms and conditions govern all use of the
RareUniverse.Org website and all content, services and products
available at or through the website (taken together, the Website). The
Website is owned and operated by RareUniverse.Org. The Website is
offered subject to your acceptance without modification of all of the
terms and conditions contained herein and all other operating rules,
policies (including, without limitation, Automattic’s Privacy
Policy) and procedures that may be published from time to time on this
Site by RareUniverse.Org (collectively, the
“Agreement”).
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access the Website or use any services. If these terms and
conditions are considered an offer by RareUniverse.Org, acceptance is
expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.
Responsibility of Contributors. If you comment on a blog, our Facebook
page, email, post material
to the Website, post links on the Website, or otherwise make (or allow
any third party to make) material available by means of the Website
(any such material, “Content”), You are entirely
responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By
making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you
have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the
Content;
you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass
through to end users any required terms;
the Content does not contain or install any viruses, worms, malware,
Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and
does not contain unethical or unwanted commercial content designed to
drive traffic to third party sites or boost the search engine rankings
of third party sites, or to further unlawful acts (such as phishing) or
mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite
violence towards individuals or entities, and does not violate the
privacy or publicity rights of any third party.
By submitting Content to RareUniverse.Org for inclusion on the Website,
you
grant RareUniverse.Org a world-wide, royalty-free, and non-exclusive
license
to reproduce, modify, adapt and publish the Content for use on the
Website.
Without limiting any of those representations or warranties,
RareUniverse.Org
has the right (though not the obligation) to, in
RareUniverse.Org’s
sole discretion (i) refuse or remove any content that, in RareUniverse.Org’s
reasonable opinion, violates any RareUniverse.Org
policy
or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any
reason, in RareUniverse.Org’s
sole discretion.
Responsibility of Website Visitors. RareUniverse.Org
has not reviewed, and
cannot review, all of the material, including computer software, posted
to the Website or Facebook page, and cannot therefore be responsible
for that
material’s content, use or effects. By operating the
Website, RareUniverse.Org
does not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate, useful
or non-harmful. You are responsible for taking precautions as necessary
to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. The Website
may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain
material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to
additional terms and conditions, stated or unstated. RareUniverse.Org
disclaims any responsibility for any harm resulting from the use by
visitors of the Website, or from any downloading by those visitors of
content there posted.
Copyright Infringement and DMCA Policy. As RareUniverse.Org
asks others to
respect its intellectual property rights, it respects the intellectual
property rights of others. If you believe that material located on or
linked to by RareUniverse.Org
violates your copyright, you are encouraged
to notify RareUniverse.Org
in accordance with RareUniverse.Org’s
Digital
Millennium Copyright Act (“DMCA”) Policy. RareUniverse.Org
will
respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the
infringing material. RareUniverse.Org
will terminate a visitor’s
access
to and use of the Website if, under appropriate circumstances, the
visitor is determined to be a repeat infringer of the copyrights or
other intellectual property rights of RareUniverse.Org
or others. In the case
of such termination, RareUniverse.Org
will have no obligation to provide a
refund of any amounts previously paid to RareUniverse.Org.
Intellectual Property. This Agreement does not transfer from RareUniverse.Org
to you any RareUniverse.Org
or third party intellectual property, and all
right, title and interest in and to such property will remain (as
between the parties) solely with RareUniverse.Org. RareUniverse.Org, RareUniverse.Org
logos, and all other trademarks,
service marks, graphics and logos used in connection with the
Website are trademarks or registered trademarks
of RareUniverse.Org
or RareUniverse.Org’s
licensors. Other trademarks,
service marks, graphics and logos used in connection with the Website
may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use
any RareUniverse.Org
or third-party trademarks.
Restrictions
on Use of Materials. The contents of the Website are
protected by copyright and trademark laws, and are the property of
RareUniverse.Org or other third party owners. You may access the
materials located on the Website only
for your personal use. This
means you may download one copy of posted materials
on a single computer for personal, noncommercial use only, so long
as you do not change nor delete any author attribution, trademark,
legend or copyright notice. When you download copyrighted material from
the Website or the RareUniverse Facebook page, you
do not obtain any ownership rights to that material.
Changes. RareUniverse.Org
reserves the right, at its sole discretion, to
modify or replace any part of this Agreement. It is your responsibility
to check this Agreement periodically for changes. Your continued use of
or access to the Website following the posting of any changes to this
Agreement constitutes acceptance of those changes. RareUniverse.Org
may also,
in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this
Agreement.
Termination. RareUniverse.Org
may terminate your access to all or any part of
the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or
your account (if you have one), you may simply discontinue
using the Website. RareUniverse.Org
can terminate the Website immediately as part
of a general shut down of our service. 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.
Disclaimer of Warranties. The Website is provided “as
is”. RareUniverse.Org
and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a particular
purpose and non-infringement. Neither RareUniverse.Org
nor its suppliers and
licensors, makes any warranty that the Website will be error free or
that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
Limitation of Liability. In no event will RareUniverse.Org,
or its suppliers
or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or
consequential damages; (ii) the cost of procurement or substitute
products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid
by you to RareUniverse.Org
under this agreement during the twelve (12) month
period prior to the cause of action. RareUniverse.Org
shall have no liability
for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by
applicable law.
General Representation and Warranty. You represent and warrant that (i)
your use of the Website will be in strict accordance with the RareUniverse.Org
Privacy Policy, with this Agreement and with all applicable
laws and regulations (including without limitation any local laws or
regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside) and (ii)
your use of the Website will not infringe or misappropriate the
intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless RareUniverse.Org,
its contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use
of
the Website, including but not limited to your violation of this
Agreement.
Miscellaneous. This Agreement constitutes the entire agreement
between RareUniverse.Org
and you concerning the subject matter hereof, and they may
only be modified by a written amendment signed by an authorized
executive of RareUniverse.Org,
or by the posting by RareUniverse.Org
of a revised
version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of the Website will be
governed by the laws of the state of Oregon, U.S.A., excluding its
conflict of law provisions, and the proper venue for any disputes
arising out of or relating to any of the same will be the state and
federal courts located in Clackamas County, Oregon. Except for claims
for injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court without
the posting of a bond), any dispute arising under this Agreement shall
be finally settled in accordance with the Comprehensive Arbitration
Rules of the Judicial Arbitration and Mediation Service, Inc.
(“JAMS”) by three arbitrators appointed in
accordance with
such Rules. The arbitration shall take place in Clackamas County,
Oregon, in
the English language and the arbitral decision may be enforced in any
court. The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys’ fees. If
any
part of this Agreement is held invalid or unenforceable, that part will
be construed to reflect the parties’ original intent, and the
remaining portions will remain in full force and effect. A waiver by
either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or
any subsequent breach thereof. You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its
terms and conditions; RareUniverse.Org
may assign its rights under this
Agreement without condition. This Agreement will be binding upon and
will inure to the benefit of the parties, their successors and
permitted assigns.