OWNERSHIP OF THE SITE; AGREEMENT TO TERMS OF USE
These Terms of Use (“Terms of Use”) apply to the End Rabies Now campaign, located at www.endrabiesnow.org and all associated sites linked to www.endrabiesnow.org, its subsidiaries and affiliates, as well as mobile sites, applications and features (collectively "the Site"). The Site is owned by the Global Alliances for Rabies Control ("GARC" "us," "we"). Access to and use of the Site is subject to these Terms of Use and all applicable laws.
By accessing, using, or browsing the Site, you ("you," "User," or "Users") agree to be bound by these Terms of Use and accept, without limitation or qualification, these Terms of Use and all terms, policies, guidelines, or other notices incorporated herein by reference. If you do not agree to these Terms of Use, do not use or access this Site.
By using this Site, you represent and warrant that you are over the age of 13 (or for non-U.S. users, such older minimum age as may be required by applicable local law) and are lawfully able to accept these Terms of Use. If you are under the required age, you may still use some features of the Site (subject to applicable local non-U.S. law), but only if you have received your parent's or legal guardian's consent and the account you are using was created and registered by your parent or legal guardian.
These Terms of Use govern your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with GARC. Any additional terms that govern certain products and services will be presented in conjunction with those products and services, also see Privacy Policy and Other Terms and Conditions below.
SITE CONTENT
Unless otherwise indicated, all of the content, information design, text, articles, graphics, public service announcements, illustrations, photographs, images, data, video, moving images, sounds, audio, music, software, applications, artwork, user interfaces, trademarks, logos, computer code, features, promotions and forums contained or displayed on this Site and any products and services (collectively “Site Content”), including, but not limited to, the design, structure, expression, “look and feel,” selection and arrangement of such Site Content is owned and/or controlled by GARC, its licensors, or third-party partners, or used herein with permission and is legally protected, without limitation, under U.S. federal and state, and foreign, laws, regulations, and treaties, including copyright, trademark, patent, moral rights, trade dress, and other laws relating to the protection of intellectual property and unfair competition.
Except as otherwise set forth in these Terms of Use, a User of this Site may download or print any applicable Site Content for informational use, provided the User does not a) remove any trademark, copyright, or other notice contained therein and b) copy or post such Content on any networked computer. No use of Site Content in a publication or for commercial purposes is permitted without the prior written permission of GARC.
SOFTWARE LICENSES
GARC grants you a nonexclusive license to download software, including any files, images, or audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, "the Software"), from this Site for the purpose of using the materials on this Site. GARC retains full title to the Software, and all intellectual property rights therein and does not transfer the title to you. You may not redistribute, sublicense, transfer, assign, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. By downloading Software you will be subject to the terms and conditions of such Software.
ACCOUNTS, PASSWORDS AND SECURITY
You may be required to set up an account to use the Site or portions thereof. If you are required to set up an account, you agree to provide accurate, current, and complete information about yourself as required, to maintain and update such information, and to be fully responsible for all use of your account and for any actions or activities that take place using your account. You are responsible for maintaining the confidentiality of the information associated with your account, including any passwords. You agree to notify GARC immediately of any unauthorized use of your account or password. Any fraudulent, abusive or otherwise illegal activity on this Site by you may be grounds for termination of your account or rights to use this Site, at GARC’s sole discretion, and we may refer you to appropriate law enforcement agencies.
PRIVACY POLICY AND OTHER TERMS AND CONDITIONS
GARC is committed to protecting your privacy. GARC’s Privacy Policyapplies to use of this Site, and its terms are incorporated into these Terms of Use by reference. By using this Site, you acknowledge and agree that any messages or information you post or send to this Site may be read or intercepted by others, as the Internet is never completely private or secure.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Terms for using GARC Trademarks & Copyrights
Each of these policies may be changed from time to time and such changes are effective immediately upon posting. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, including for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that specific portion of the Site or product or service.
LINKING POLICY
GARC welcomes others to link to this Site. Links may resolve to the home page, www.endrabiesnow.org or to specific pages within this Site. Direct linking to individual files (i.e., images, multimedia files, etc.) is not permitted. You may not use a GARC trademark, other proprietary GARC content, or Site Content to link to this Site. Links to this Site should not assert or imply an endorsement by or affiliation with GARC.
THIRD-PARTY WEBSITES AND CONTENT
This Site may contain links to third-party websites, including advertisers and social networking websites in which GARC maintains a profile ("Linked Site"). GARC makes no claim or representations regarding and accepts no responsibility directly or indirectly for the security, quality, content, nature, or reliability of any Linked Site. The Linked Sites are not under the control of GARC, and GARC is not responsible for and does not endorse the content of any Linked Site. GARC is providing these links to you only as a convenience. You should review any terms and policies of any Linked Site before interacting with the Linked Site.
USER FORUMS
This Site may include social networking tools, discussion forums, blogs, bulletin boards, message boards, other interactive areas or services, or other areas or services in which you can post messages, comments, materials, photos, information, updates, opportunities, recommendations, etc. (collectively, "User Forums").
Users should be aware that the ideas you post and information you share may be seen and used by others.
THIRD PARTY CONTENT
This Site may contains facts, advice, reviews, opinions, statements, advertisements and recommendations of third-party individuals and organizations (collectively, “Third-Party Materials”). GARC is not responsible for or does not endorse the parties posting the Third-Party Materials or the accuracy, availability, timeliness, or reliability of any of the Third-Party Materials. Any reliance upon any Third-Party Materials is at your sole risk.
USER GENERATED CONTENT
By placing, submitting, displaying, transmitting, and/or posting material or content on the Site, including, but not limited to, text, messages, comments, data, music, audio, photographs, images, graphics, animations, designs, ideas, video, sound recordings, other audio-visual content, code, or other material (collectively, "User Content"), you acknowledge that while GARC is not obligated to prescreen, review, monitor, or edit User Content, GARC reserves the right to delete, remove, modify, move, block or refuse (without your notice or permission) any User Content for any reason. The term "User Content" also includes, without limitation, and refers to all of the information you submit or we may receive related to your account. "Post" and "posting" means, including, but not limited to, to upload, post, transmit, share, store, link or otherwise make available on or through the Site.
You own the User Content and the information you provide to GARC under these Terms of Use, and may request its deletion at any time, unless you have shared User Content or information with others and they have not deleted it, or it was copied or stored by other Users. Additionally, you automatically grant to GARC a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, and sublicensable license to the User Content and any information you provide GARC, indirectly or directly, including without limitation the rights of GARC to use, copy, reproduce, distribute, modify, adapt (including without limitation the rights to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, reformat, display, perform, broadcast, transmit, exhibit, excerpt, translate, host, cache, index, encode, tag, archive, store, create derivative works from, and otherwise exploit all or portions of the User Content you post, upload, incorporate, or make available on this Siteand any website owned by GARC, including any User Content posted on or to the Site or Services through a third party, in any form, format, medium, or technology now known or later developed for any purpose, including advertising and promotion without accounting, notification, credit, or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to GARC, in GARC’s sole discretion. You automatically waive all "moral rights" with respect to the posted User Content in perpetuity. You grant GARC the right to use any material, information, ideas, concepts, know-how, or techniques contained in any User Content you provide or otherwise submit to GARC for any purpose whatsoever, including but not limited to, commercial purposes and developing manufacturing and marketing commercial products using such information. You will not be entitled to any compensation for any of the rights you grant to GARC in and to User Content or in this paragraph. You authorize GARC to use your name, likeness, and any other personal or biographical information in connection with use of the User Content you provide. You agree that GARC may use or disclose information about you or your use of this Site, including User Content, to comply with laws and requests by governmental or regulatory agencies, to protect and/or defend GARC’s rights or property, or to protect the safety of GARC, GARC’s employees and membership, or the public.
GARC takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by Users or any third party, or for any loss or damage thereto, including on any third party social networking websites in which GARC maintains a profile, nor is GARC responsible or liable for any mistakes, defamation, slander, libel, omissions, obscenity, or pornography that exists on the Site, or third party social networking websites in which GARC maintains a profile, or that User may encounter. GARC does not guarantee the accuracy, integrity, or quality of User Content. GARC does not endorse or support any opinions expressed in any User Content or on any third party social networking websites in which GARC maintains a profile and makes no claim that User Forums or User Content is appropriate for any particular purpose or audience. All User Content is the sole responsibility of the person who provided it.
YOUR REPRESENTATIONS AND WARRANTIES
Each time you post or upload User Content, you confirm your acceptance of and agreement to be bound by these Terms of Use and the other terms that also govern and apply to your use of the Site, as they are incorporated herein by reference. You are solely responsible for User Content that you post or provide on the Site and on third-party social networking websites in which GARC maintains a profile. By posting any content on the Site and/or User Forums, you automatically agree to indemnify GARC from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees, resulting from your breach of these Terms of Use and those terms incorporated herein and the below posting restrictions.
By placing, submitting, displaying, transmitting, and/or posting User Content on or through the Site or Services, you represent and warrant that: 1) you own all of the rights to User Content that you post or otherwise have all necessary rights to post such User Content and grant GARC the rights set forth in these Terms of Use to use such User Content; 2) User Content and other materials submitted by you does not violate or infringe upon the rights of any third party, including, but not limited to, copyright, trademark, privacy, or other personal or proprietary rights; 3) User Content will not cause injury to any person or entity and does not contain libelous or otherwise unlawful material; and 4) use and posting of User Content and other materials does not violate these Terms of Use.
YOUR USE OF THE SITE
When using the User Forums and submitting any User Content you must:
Comply with all applicable laws and these Terms of Use;
Be respectful – do not insult, threaten, harass, or abuse; do not use profanity or obscene language. Hate speech or discrimination of any kind is grounds for immediate suspension of access to the Site; and
Protect yourself – do not reveal personal/confidential or proprietary information
You shall NOT submit, upload, or post to the Site or User Forums any User Content that:
Violates a person’s or entities’ rights, including copyright, trademark or patent rights, or other proprietary rights;
Contains music, photographs, art or images that you do not own or have permission to use;
Contains the name, trademark, trade name, service mark, or logo of another party;
Contains the voice, likeness, or image of any person, firm, or enterprise for which you do not have permission to post; or libels, defames or invades the privacy rights of any person;
Falsifies or deletes author attributions, legal notices, or other proprietary designations;
Contains viruses, corrupted files, or other materials that may cause damage to another's computer;
Advertises or otherwise solicits funds, or promotes or offers for sale or trade any goods or services, except in areas of the Site specifically designated;
Interferes with any third party’s use of this Site;
Is or contains political campaigning, junk mail, spam, repetitive messaging chain letters, pyramid schemes, or solicitations;
Is inaccurate, false, misleading, or fraudulent; and
Contains any contact information or private information of any third party.
In using the Site or User Forums, you shall not:
Violate any law or advocate the performance of any illegal activity;
Collect contact information of other Users of the Site by electronic or other means for any purpose whatsoever, including, but not limited to, sending unsolicited e-mails or other unsolicited communications;
Use or attempt to use another User’s account or password;
Impersonate any person or entity, or otherwise misrepresent yourself, your age, or your affiliation with GARC or any other person or entity;
Solicit personal information from anyone, including those under 17, or solicit passwords or personally identifying information for commercial or unlawful purposes;
Upload or transmit viruses or other harmful files, materials, or code;
Impose a large load on the infrastructure of the Site or any systems or networks connected to the Site; and/or
Interfere with, attempt to interfere with or otherwise harm or violate the proper working of the Site or the security of the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site.
Any use of the User Forums or the Site in violation of the foregoing violates these Terms of Use and may result, among other actions, in termination or suspension of your rights to use the User Forums and/or the Site. Any decision as to whether User Content violates these Terms of Use or GARC’s posting rules will be made in GARC’s sole discretion.
GARC MOBILE SERVICES AND APPLICATIONS
This Site and some of the features and Site Content available on this Site, including applications and services, may be available via a mobile phone, including, but without limitation, the ability to browse Site and upload content from Site or to Site via your mobile phone or to use your mobile phone to make a one-time donation to the End Rabies Now campaign, coordinated by GARC("Mobile Services"). You acknowledge that you are responsible for all charges and necessary permissions related to these Mobile Services and accessing the Site through your mobile access provider. By using the Mobile Services, you agree that GARC may communicate with you through text message or other electronic means via your mobile phone/device and that certain information about you including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing GARC plugins that load in your browser may be communicated to GARC.
IDEA SUBMISSION
Please do not submit any unsolicited ideas and original creative works in any form to GARC through the Site. If you do submit ideas, the following terms shall apply to your submissions: (a) GARC is not under any obligation of confidentiality, express or implied; (b) GARCmay have similar ideas already under consideration or in development; and (c) GARC may use or exploit your ideas without any compensation or reimbursement to you. GARC welcomes your feedback, but do not include any ideas confidential or proprietary information in your feedback.
CONTESTS AND PROMOTIONS
GARC may conduct promotions on or through the Site, including, without limitation, auctions, contests, promotions, and sweepstakes (collectively "Promotions"). Promotions may have additional terms and rules that will be posted on the Site or otherwise made available to you and will be deemed incorporated into and form part of these Terms of Use. You agree to abide by such terms and rules, including representing that you are of a sufficient legal age to participate in any Promotions.
TRANSACTIONS AND E-COMMERCE
Additional terms and conditions may apply to purchases of goods or services and these terms and conditions are made part of these Terms of Use by this reference. You agree to abide by such terms and conditions, including representing that you are of sufficient legal age to engage in a transaction. Credit card transactions are often handled by a third-party processing agent, bank, or institution. GARC cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties. Your participation in any promotions, correspondence, or dealings, including business dealings, with any third party found on or through the Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party and at your own risk. GARC shall not be responsible or liable for any part of any such dealings or promotions, including any loss, damage, or other matters of any sort. GARC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
DISCLAIMER AND LIMITATIONS OF LIABILITY
The materials on this Site are provided solely for educational, humanitarian and promotional purposes. GARC does not warrant that the Site will meet your requirements or provide specific results, be uninterrupted, timely, secure, or error-free, that defects will be corrected or that the Site, or the server that makes it available, is free of viruses or other harmful components.
USE AND BROWSING OF THIS SITE AND ANY LINKED SITES IS AT YOUR OWN RISK. ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND IS SUBJECT TO CHANGE WITHOUT NOTICE. GARC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ENDRABIESNOW.ORG, THE CONTENT, ADVERTISING, INFORMATION, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND/OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION CONTAINED IN THIS SITE FOR ANY PURPOSE AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR SUCH CONTENT OR SERVICE. GARC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, INCLUDING ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL GARC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR YOUR USE OR YOUR INABILITY TO USE EQUIPMENT OR ACCESS DATA, YOUR LOSS OF DATA, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF CONTRIBUTIONS OR PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR PERFORMANCE OF THIS SITE,THE SITE CONTENT, LINKED SITES OR THIRD-PARTY MATERIALS, WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE EVEN IF GARC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GARC IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON LIABILITY, THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless GARC, including their respective directors, trustees, officers, committee members, employees, agents, contractors, subcontractors, and representatives ("GARC Indemnitees") from and against all claims (including, claims of patent, trademark, and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys' fees and other legal expenses), awards, fines, and judgments asserted against or recovered from GARC Indemnitees due to, arising out of or in connection with your use of the Site and any User Content you post. GARC shall not be liable in any way for injuries to persons or damages to property incurred or suffered by you or any of your subcontractors, agents, heirs, successors or assigns, or any person related to you in any way.
INTERNATIONAL USERS
This Site is controlled, operated, and administered by GARC from its headquarters within the United States. You may not use this Site or export the Site Content in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all applicable laws. Although the Site is accessible worldwide, GARC makes no claim that the Site and the Site Content may be accessed, used, or downloaded outside the United States or are appropriate for use or legal outside the United Sates. If the Site and Site Content are available outside the United States, your access, use, and download thereof and participation in any promotion is at your own risk.
CHANGE IN THE TERMS OF USE
GARC may change, add, modify or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site. By continuing to use this Site, you agree to any changes in the Terms of Use.
DISCONTINUATION OF SERVICE; FEES
GARC may change, suspend, interrupt, terminate operation or access to, or discontinue the Site or any portion of the Site at any time, without notice, including the availability of Site Content, User Forums and any other services. GARC may also impose limits on the Site or restrict your access to parts of or the entire Site and Site Content without notice or liability.
VIOLATION OF THESE TERMS OF USE
GARC reserves the right, without notice and in its sole discretion, to terminate your access to the Site and/or block your access to the Site if we determine that you have violated these Terms of Use or other agreements or terms which may be associated with your use of the Site. In the event of termination of your use of this Site for any reason, you agree that the following provisions of these Terms of Use will survive: limitations on your use of Site Content, copyright complaints, the license(s) you have granted to GARC, warranties, disclaimers, indemnification, and limitation of liability. If GARC does take legal action against you as a result of your violation of these Terms of Use, GARC will be entitled to recover from you all reasonable fees and costs of such action, in addition to any other relief GARC may have at law or in equity.
GENERAL
The section titles used in these Terms of Use are for convenience and do not have any legal or contractual effect. Any claims under these Terms of Use must be brought within one (1) year after the cause or action arises, or such claim or cause of action is barred unless not permitted by law.
These Terms of Use contain the complete agreement between you and GARC with respect to your use of this Site, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. You shall have no rights in or to GARC’s proprietary property made available to you on the Site. You may not sublicense, assign, or transfer any licenses granted to you by GARC, and any attempt to sublicense, assign, or transfer shall be null and void. Any failure or delay of GARC to enforce or exercise any provision of or its rights under these Terms of Use shall not be construed as a waiver of those rights or provisions or a breach of these Terms of Use by GARC. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. These Terms of Use may not be modified by you in writing or otherwise and any such offer for modification will be rejected. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on Users.
If any questions arise about the meaning or interpretation of this policy, the English-language version of this policy is the official text.