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.
Any use of the Materials (“Materials”) available through the Media must be for personal and informational purposes only, and not for commercial purposes;
Materials may not be modified;
No Materials may be used, copied or distributed separate from the accompanying text; and
Email addresses may not be retrieved in bulk for any reason, including non-commercial reasons, without specific written permission.
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:
The Media is to be used solely for non-commercial purposes. You may not use the Media to publish Materials containing any advertisements or solicitations for funds, goods, or services.
You may not post Material that is defamatory, obscene, hateful, harassing, or discriminatory, or that is a violation of any law, including those protecting privacy, publicity, trade secrets, copyrights, and trademarks.
RBA is not under any obligation to monitor the Materials residing on or transmitted to its Media; however, RBA may, at its discretion and without warning, modify, remove or reject any posted Materials for any reason, including to prevent the violation of RBA’s rights or the rights of other parties, to comply with any law, regulation or other government request, or to operate its Media sites properly.
By posting, uploading or transmitting Material (including photographs) to Media sites, you represent and warrant that you are the sole owner of all rights in the posted Materials (including all copyrights) and/or that you have the right to license the Material to RBA for all the uses contemplated herein; and no part to the Materials will infringe upon or violate any publicity, privacy, patent, copyright, trademark, or other proprietary rights of any third parties.
You may not link to, post, upload, or transmit any software or other Material that contains a virus or other harmful malicious code.
You may not use RBA’s Media to distribute chain letters, mass mailings, or spam or to gather email addresses for the purpose of sending spam to other users.
You must be at least 13 years old to post Materials on RBA 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:
A description of the work you claim to be infringing and its location on RBA’s Media;
Your contact information, including your name, email address, and phone number;
A signed statement that you are the copyright owner or an authorized agent of the copyright owner, and that you have a good-faith belief that the material as posted on the Media is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information you have provided is truthful and accurate.
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.
© nnnn 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.