Effective Date: May 7, 2010
Please Read Carefully Prior To Using This Website
Acceptance of Terms and Conditions
Use of this Website (this “Website”) maintained by the EveryLife Foundation for Rare Diseases (“EveryLife”) is governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you agree to abide by these terms and conditions. If you do not agree with any of these terms and conditions please do not use this Website, because by using the Website you will be deemed to have irrevocably agreed to these terms and conditions.
Intellectual Property Rights
ALL ARTWORK APPEARING ON RAREARTIST.ORG REMAINS THE INTELLECTUAL PROPERTY OF THE ORIGINAL ARTIST. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Website may contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”), which are owned by EveryLife, its licensors, affiliates, partners or designated owners. The Intellectual Property is protected by law such as the laws governing copyrights and trademarks. All rights in the Intellectual Property are reserved to EveryLife or its licensors, affiliates or partners. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site. All other content, text, images, data, information and other material displayed, available or present on this Website (“Content”) are the property of EveryLife, its affiliates, its licensors or the designated owners. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of EveryLife or the artist(s), except as provided in these terms and conditions.
- Authorized and Prohibited Uses:
You may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these terms and conditions and applicable laws. You agree not to infringe upon any intellectual property rights or remove or modify related proprietary notices contained in this Website or the Content.
- User Content:
Except as provided in EveryLife’s Privacy Notice (as defined below) for this Website, any Content that you submit to this Website or to EveryLife (“User Content”) will be deemed to be non-confidential and nonproprietary and may be disclosed through this Website to unknown persons on a worldwide basis without control by EveryLife, including for browsing, downloading, printing and other uses by such other persons or entities. You are responsible for making sure that you have the right to submit Content to this Website or to EveryLife and that EveryLife has the right to post the Content you submit. EveryLife shall have an unrestricted license (including the right to sublicense) to translate, reproduce, publish, distribute, modify, display, link to or use, in any form or media, any Content you submit to this Website or to EveryLife. EveryLife does not endorse any User (or third party user) Content, product or service that may appear on this Website. Nothing in these terms and conditions shall obligate EveryLife to use any User Content, or to include or post such Content on this Website.
- Digital Millennium Copyright Act Compliance:
EveryLife respects the rights of all copyright holders and in this regard, EveryLife has adopted and implemented a policy that provides for the termination of a user’s privileges in appropriate circumstances who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EveryLife with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit EveryLife to locate the Content;
- Information reasonably sufficient to permit EveryLife to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act, please contact EveryLife at:77
Digital Drive, Suite 210,Novato, CA 94949Fax: email@example.com
Website and Registration Administration:
You may provide a link to the top page of this Website unless and until EveryLife gives notice that you must discontinue linking to this Website.
- Authority of Website Administrator:
EveryLife may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. EveryLife may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
- Good Samaritan Policy:
It is EveryLife’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. EveryLife will, in good faith, use commercially reasonable efforts to remove, disable, or restrict access to the availability of Content on the Website that, in EveryLife’s subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon EveryLife any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website. If you believe that someone has violated this policy, we ask you to promptly notify us by email at the following address: firstname.lastname@example.org.
- Import/Export Control:
You agree not to submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
User Requirements and Obligations
You agree to comply with all applicable laws in connection with your use of this Website.
- Unsuitable Content and Conduct:
You agree not to engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You further agree not to cause damage, embarrassment or adverse publicity to EveryLife.
- Functional Compatibility and System Abuse:
You will submit only Content and material that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of EveryLife with a virus, worm, Trojan Horse or other malicious computer program. You will only use this Website for the permitted purposes stated in these terms and conditions, and will not engage in abusive activity with respect to this Website. Without limiting the generality of the foregoing, you agree not to send, create or reply to so called “mailbombs” (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited e-mailing for business or other purposes) or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, EveryLife reserves the right to release your details to law enforcement authorities in order to assist them in resolving security incidents.
- User Cooperation and Notification:
You agree to cooperate with all reasonable requests of EveryLife and will notify EveryLife promptly upon learning of your actual or suspected breach of these terms and conditions or unauthorized use or abuse of this Website.
- Third Party Sites and Other Information:
This Website may contain as a convenience to you, Content, links and other information submitted by third parties over whom EveryLife has no control or responsibility. EveryLife has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of EveryLife, and you acknowledge that (whether or not such sites are affiliated in any way with EveryLife) EveryLife is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by EveryLife or any association with its operators. Moreover, EveryLife has no obligation to verify any Content submitted by a user or to provide any registration or other information to you concerning any Content.
- Warranty Disclaimers, Limitations on Liability and Remedies:
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. EveryLife DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. EveryLife MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE OR (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EveryLife WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT, OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EveryLife HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EveryLife WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THIS WEBSITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF EveryLife WILL BE LIMITED TO, IN THE SOLE DISCRETION OF EveryLife, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED FROM YOU BY EveryLife.
You agree to defend, indemnify and hold harmless EveryLife and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.
- Interactive Areas:
You may be permitted to access and use chat rooms, bulletin boards, mail lists, customized artist/art pages, and other forms of group electronic communications through the Site (“Interactive Areas”). If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without EveryLife’s express permission; (5) constitute charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, Trojan Horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You also expressly agree that you will not: (a) after receiving warning, continue to post material that EveryLife has advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with the use and enjoyment of the Site by another Site user. EveryLife may not, and is not responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified of any material that is alleged not to conform to these terms and conditions, EveryLife may investigate the allegation and determine in its sole discretion to remove or request the removal of the material. EveryLife reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. EveryLife reserves the right to edit or delete any material posted on its Site, regardless of whether such material violates these standards for content. EveryLife has no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above. EveryLife further does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. EveryLife also does not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK. You hereby grant to EveryLife a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas or Website by all means and in any media now known or hereafter developed for any use or purpose.
- Separate Terms and Conditions:
In connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these terms and conditions set forth herein, which you should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
- Privacy Notice:
EveryLife is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy notice at PRIVACY NOTICE (the “Privacy Notice”). The Privacy Notice is hereby incorporated into these terms and conditions by reference, and constitutes a part of these terms and conditions.
- Dispute Resolution; Applicable Law and Forum:
With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions (including without limitation the Privacy Notice), EveryLife and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. EveryLife has no obligation to become involved in any dispute between a user and any other person. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. EveryLife and you agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in San Francisco, California or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that EveryLife is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision.
- Modification of Terms and Conditions, Etc.:
These terms and conditions and the Privacy Notice referenced above constitute the complete agreement between you and EveryLife with respect to their subject matter and supersede any prior agreement or communication. These terms and conditions are subject to change from time to time. EveryLife will endeavor to post a notice of any changes to these terms and conditions for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these terms and conditions occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to EveryLife’ notice of modification of these terms and conditions shall constitute your acceptance of the modified terms and conditions. If any term or provision of these terms and conditions shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these terms and conditions, or the whole of these terms and conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these terms and conditions. Your obligations pursuant to these terms and conditions shall survive termination of this Website, any use by you of this Website, any User Content on this Website, or these terms and conditions.
- Medical Disclaimers:
The Content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. EveryLife does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained by you at or through the Site is solely at your own risk.
- Children (any individual under the age of 13) Must Have Permission of Guardian to become a User:
We do not collect personally identifiable information from any person we actually know is a child without the permission of the parent or guardian of the child.
- Foreign Access or Use:
EveryLife makes no claim that the site is appropriate for access or use outside the U.S. Your access and/or use of the site outside the U.S. are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
- Contact Information: