en terms of use

terms of use

Underwritten by Rare, a United States-based non-profit organization which works globally to inspire change so people. Rare is an online network connecting conservation practitioners with resources, ideas and relevant organizations to improve our environment.

If you have any questions about the Terms of Use, please refer to them to info@rare.org.

Changes to Terms and Conditions
By using the Rare service (in this document referred to as “Rare,” you accept and agree to be bound by the following Terms of Use. Nothing in these Terms of Use should be construed to confer any rights to third-party beneficiaries.

We reserve the right to modify or terminate the Rare service for any reason, and without notice, without liability to you, any other member or any third party. We also reserve the right to modify these Terms of Use from time-to-time without notice. You are responsible for regularly reviewing these Terms of Use for any changes.

Eligibility and Registration
As part of the process of open dialogue, you will be asked to select a username and password for commenting and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

This site is intended solely for individuals 13 years of age or older. Any use or access of the site from users under the age of 13 is strictly prohibited. Rare reserves to right to terminate the membership of any such users and remove any content they may have contributed to the site.

Appropriate conduct and content; Personal Use Only
The Rare service is made available to advance the practice of conservation. Individuals, businesses, organizations or other legal entities may not use the Rare service for any commercial purpose without the express written consent of Rare.

You may not use the Rare service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content ("materials") that you submit, post, and display on the Rare service.

Rare  may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use.

Because Rare is a public, community-oriented site, anything that may be deemed obscene by the Rare staff will be removed or edited with or without your notice. The Rare service is a practitioner site focused on global conservation issues and the development of effective solutions and community engagement. All members agree to interact in a purposeful manner and avoid engaging in any conduct that:

  • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights.
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts or violence
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, political views, sexual orientation, race, ethnicity, nationality, age, or disability.
  • Impersonates any person, business or entity, including Rare or Rare and its employees and agents.
  • Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability.
  • Violates these terms of use, guidelines or any policy posted on Rare.
  • Interferes with the use of Rare by others.

Other examples of illegal or unauthorized uses include, but are not limited to:

Modifying, adapting, translating, or reverse engineering any portion of the Rare service; using any robot (bot), spider, site search/retrieval application, or other device to retrieve or index any portion or the Rare service; collecting any information about other members (including usernames, phone numbers mailing addresses and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the Web pages or site images that are part of the Rare service; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as "spam," or chain letters to other members or otherwise interfering with other member's enjoyment of the service; submitting materials of any third party without such third party's prior written consent; directing any user (for example, by linking) to any materials of any third party without such third party's prior written consent; submitting materials that falsely express or imply that such materials are sponsored or endorsed by Rare; submitting materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.

While Rare prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such materials and that you use the Rare service at your own risk.

Links to Other Web sites and Content
Rare.org may include links to third party Web sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites.

Rare's Proprietary Rights
By submitting, posting or displaying any materials on or through the Rare service, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display or re-display such materials in other formats not simply limited to Web sites.

Except as expressly authorized by Rare, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Rare´s proprietary information which includes the sum of all postings and photos to the site. All content on the site is posted under Creative Commons Noncommerical standards. The Rare logo, and mission are trademarks of Rare and are not governed by commercial copyright protection.

Privacy Policy
Our Privacy Policy governs our collection and use of personal information. You understand and agree that Rare may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Rare, its affiliates or the public.

Personal Identity Information and Anonymity (PIIA)
Information posted by a user, which lists their personal or professional phone number, address or e-mail address in the Rare public space is at the member's own discretion. Rare reserves the right to discipline or terminate accounts that abuse this privilege.

Criticism (i.e., bashing or flaming) of public figures such as the President, public officials, celebrities, etc. are not protected by the PIIA clause, however, Rare reserves the right to remove content of this nature at any time for any reason.

Disclaimer of Warranties
Rare disclaims all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Rare service. Rare disclaims any and all responsibility and liability for the conduct of any member.

The Rare service, and all materials, information (including, without limitation, any information or materials obtained or accessed through the Rare services), products and services included therein are provided "as is," with no warranties whatsoever. Rare expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some countries or states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

You agree that your use of the Rare service is entirely at your own risk.

Hold Harmless and Indemnity
You agree to hold harmless and indemnify Rare from and against any third-party claim arising from or in any way related to your use of the Rare service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Limitation of Liability
Under no circumstances will Rare be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Rare service, whether or not Rare has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Rare service, from inability to use the Rare service, or from the interruption, suspension, or termination of the Rare service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. Under no circumstances shall Rare be liable to you for any amount exceeding one cent ($.01).

Term and Termination
These Terms of Use will apply to your use of the Rare service. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Rare service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Notices
Rare may provide you with notices regarding the Rare service or these Terms of Use by regular mail, e-mail, or postings to this Web site.

Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Commonwealth of Virginia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall Rare be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Use constitute the entire agreement between you and Rare with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.

Copyright Information
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of the United States of America. If you believe that your copyright has been infringed on the Rare service, please read the following information for filing or responding to a notice of infringement.

To file a notice of copyright notice with us, please send a written communication by facsimile transmission or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

  • Identify in sufficient detail the material that you believe has been infringed. For example, "The copyrighted work at issue is the image that appears on the Threat Toolkit page for Bush Meat on Rare/toolkit/meat.jpg."
  • Identify the material that you claim is infringing the material listed in item #1 above.
  • Provide information reasonably sufficient to permit Rareto contact you (email address is preferred).
  • Provide information, if possible, sufficient to permit Rare to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred).
  • Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing Web pages is not authorized by the copyright owner, its agent, or the law."
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Sign the paper.

Send the written communication to:

Rare
c/o Rare Attn: Copyright Act Compliance
1310 North Courthouse Road, Suite 110
Arlington, VA 22201

The user(s) who posted the content may make a counter notification. When we (Rare) receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.

To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format:

  • Identify the specific URLs of material that Rare has removed or to which Rare has disabled access.
  • Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Arlington, Virginia if your address is outside of the United States), and that you will accept service of process from the person who provided notification to Rare of the infringement or an agent of such person.
  • Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Sign the paper.

Send the written communication to:

Rare
c/o Rare Attn: Copyright Act Compliance
1310 North Courthouse Road, Suite 110
Arlington, VA 22201