These Terms of Use, along with the Privacy Policy, apply to all Rex Brasher Association Inc. (“RBA”) digital platforms, including this website and its subdomains, websites accessed through your mobile devices, our downloadable mobile applications, and RBA’s own social media sites (“Media”). By accessing and using our Media, you agree to be bound to these Terms of Use. We may modify, add to, or delete portions of these Terms of Use at any time, and any modifications, additions or deletions to these terms will become immediately, prospectively effective upon posting. Please review these Terms of Use regularly. You agree that your continued use of the Media sites following posting of updated Terms of Use constitutes your consent to any changes.
RBA’s Media (including both its editorial content and the code used in programming the platforms) is protected by U.S. and international copyright laws. All rights reserved. Except as specifically provided in these Terms of Use, no part of the Media may be reproduced, distributed, displayed, transmitted, stored in a retrieval system, or used to create derivative works without prior consent of the copyright owner. You may copy and print content for your personal, non-commercial use only, provided that you include all copyright and other notices in the content, and that you do not modify the content. To request permission from RBA for any other use, please contact hello@rexbrasher.org.
RBA owns and may come to own various registered and common law trademarks in its name and programs. RBA trademarks, workmarks, and logos include but are not limited to: “Rex Brasher”; “Rex Brasher’s Chickadee Valley”; and “Rex Brasher Homestead”. RBA is committed to the enforcement of its trademark rights. Use of any RBA-owned marks without permission may constitute infringement under the law and result in legal action.
RBA’s Media include links to sites and services governed by the terms set by those third parties. RBA is not responsible in any way for any third-party sites or for any products or services that may be advertised by third parties on our Media platforms. RBA does not endorse the content, operators, products, or services of these providers.
Some elements of Rex Brasher’s artwork and writings are in the public domain. As a general rule, artwork in the public domain may be reproduced without a license. However, while an image itself may be in the public domain, the specific FORMAT that the image is in may still be protected by copyright law. This means that while RBA may not control the rights to the images or the book itself, RBA controls the rights to the specific digital files of the artwork that live on our website and in our use in commerce, and the use of these specific files requires our permission, as provided herein. You may use these digital files for non-commercial, educational purposes only. For commercial use, licensing, and copyright inquiries, please contact hello@rexbrasher.org.
Permitted Use of Media Materials (“Materials”)
Materials include but are not limited to: text, icons, patterns, photographs, videos, animations, illustrations, charts, maps, graphs, and derived data products.
Any rights not expressly granted herein are reserved by RBA.
Nothing contained herein shall be constructed as conferring by implication, estoppel, or otherwise any license or right to any RBA trademark. Unless expressly granted, all rights are reserved to RBA.
RBA welcomes your participation in and contributions to its Media. By posting comments or other Materials you are agreeing to the following Terms:
Posting Content to Media
By using RBA’s Media, you represent and warrant that (a) your use of the Media complies with these Terms of Use; and (b) the Material you post, upload, or transmit on or through RBA’s Media does not and will not violate any of these Terms of Use. You agree to indemnify and hold harmless RBA and its directors, officers, members, employees and affiliates from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising from: (1) your breach of any of the above representations and warranties; (2) your use of RBA’s Media; (3) the Materials you posted, uploaded or transmitted on or through RBA’s Media platforms; and (4) RBA’s use, publication, distribution or reproduction of any such Materials.
All content on RBA’s Media is available “as is”. RBA makes no representations or warranties, express or implied, with respect to its Media or any part thereof, including any warranties of title, non-infringement of copyright, trademark or patent rights of others, merchantability, or fitness or suitability for any purpose. In no event will RBA, its directors, officers, members, employees or affiliates be liable for any indirect, consequential, special, incidental, or punitive damages arising out of the use or inability to use the Media.
If you believe that your work has been reproduced on RBA’s Media without permission, please contact hello@rexbrasher.org and be prepared to provide:
These Terms of Use, along with the Privacy Policy, shall be governed in accordance with the laws of the State of New York, without regard to principles of conflict of laws. Any dispute arising out of, in connection with, or related to these Terms of Use or your use of RBA’s Media, shall be brought in any Federal or State Court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
© 2024 Rex Brasher Association Inc. All rights reserved. Some Materials delivered from the Media may contain other proprietary notices and copyright information relating to those Materials.
The RBA respects our visitors’ privacy interests and is committed to honoring your preferences. This privacy policy governs the way we collect and use your information both offline and online, including at rexbrasher.org and its subdomains, websites accessed through your mobile devices, downloadable mobile applications, and RBA’s social media sites (“Media”). Your use of Media or provision of personal information to RBA constitutes your acceptance of the terms of this policy and to RBA’s Terms of Use.
We collect and use the information you provide when you interact with RBA offline and through RBA Media. This information falls into two categories: (1) Personal information, which includes items such as your name and address, which you provide when you become a member, make a donation, fill out a survey, or participate in an activity; (2) Non-Personal Information, which includes your IP address or website browsing patterns, which we collect through technology.
In most cases, you may use RBA’s Media without registering or submitting any personal information. However, some Media sites require that you supply certain personal information, such as a verifiable email address, to register or to fully use the site.
You may also choose to log in, create an account, or enhance your profile through a third-party authentication service (like Facebook Connect or Twitter). By doing this, you ask the authentication service to send us certain information from your profile and authorize us to collect, store, and use this information. After you’ve connected, some services will send us additional information from your profile, such as information that allows us to display a module on the Media pages you view.
Depending on the nature of your interaction with us, the personal information you are asked to provide may include your name, billing and shipping addresses, telephone and mobile phone numbers, and email addresses. RBA does not store sensitive financial information, such as credit card numbers or banking information.
RBA may share your Personal Information within the RBA network, with its service contractors, with select not-for-profit organizations, and, with your specific permission, with some commercial vendors. Except as described below, you may opt-out from receiving communications from RBA by contacting RBA at hello@rexbrasher.org.