Last Updated: 3/25/2013
Rare.us is provided to you by Rare Take LLC (“we,” “our,” or “us”), an Affiliate of Cox Media Group, LLC. (“Affiliate” means a company controlling, controlled by, or under common control with, another company.) This Visitor Agreement (“Visitor Agreement”) creates a binding legal contract between you and us. Please read this Visitor Agreement carefully. By using our websites, applications, mobile applications, and/or any services made available through such websites, applications, and/or mobile applications (collectively, the “Service”), you accept the terms of this Visitor Agreement as well as any additional terms or conditions presented to you during the course of your use of our Service. We may change the terms of this Visitor Agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this Visitor Agreement on our Service and will update the date above to reflect the date the changes take effect. By continuing to use our Service after we post any such changes, you accept this Visitor Agreement, as modified.
We reserve the right to deny access to our Service, or any portion of our Service, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our Service, or who infringes the rights of others.
We invite you to send in your questions or comments about this Service, or to bring to our attention any material you believe to be inaccurate. To do so, please contact us.
To obtain access to certain services on our Service, you may be required to register with us. Children under the age of 13 may not register for the Service. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use this Service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
In addition, you may also be given an opportunity to register with one of our partners, agents, or service providers (collectively, our “Service Providers”). Our Service Providers’ websites, applications, or mobile applications may contain terms and conditions that differ from this Visitor Agreement, so we encourage you to review them thoroughly. Notwithstanding anything to the contrary in this Visitor Agreement, we will not be liable for the content of, or any services provided by, any Affiliate of Cox Media Group, LLC other than our Service, or for the content of any websites, applications, mobile applications, or services provided by any Service Provider.
Rights and limitations on use of content on our Service
Our Limited License to You. Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the Service. The materials available through this Service are the property of us and our affiliates, licensors, and/or advertisers, and are protected by copyright, trademark and other intellectual property laws. You are free to access our Service for non-commercial purposes, and to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content.
You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves from our Service and to tell them how to find it. If you would like to request permission to reproduce or distribute materials found on this Service for commercial purposes, please contact us at [INSERT CONTACT INFORMATION].
Your License to Us. Our Service includes features that may allow you to submit comments and other feedback or materials to us. By submitting any material to us, including any text, comments, reviews, photos, video, or other content (collectively, “Materials”), you are representing that you are the owner of the Materials, or are making your submission with the express consent of the owner. By submitting any Materials to us by any means, including on any public posting areas of our Service, you grant us, and anyone authorized by us (including our Service Providers and our Affiliates, parents, and subsidiaries) a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such Materials as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may distribute, share or otherwise provide such Materials under any terms we see fit to any third party authorized by us without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your Materials by name, email address or screen name, as we or they see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any Materials that come to our attention that we or they consider unacceptable or inappropriate, whether for legal or other reasons. You understand and agree that the technical processing and transmission of the Service may involve transmissions over various networks, and may involve changes to any Materials in order to conform and adapt them to technical requirements of connecting networks or devices.
Materials Submitted by Other Users. Much of the content on this Service is posted by other readers and outside contributors. We cannot and do not review all comments posted by our users on our Service, postings made through social media tools available through our Service, or postings made on third-party social networking sites that may link to our Service. You may well read a postbefore anyone on our staff does, and you should expect these posts to include information and opinions from a variety of individuals and organizations other than us. Take what you find with a grain of salt. We do not endorse or guarantee the accuracy of any posting or Materials, regardless of whether they come from a user, a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Links. We welcome links to our service. You are free to establish a hypertext link to our Service so long as the link does not state or imply any sponsorship of your site by us.
No Framing. You may not frame, or in-line link, any of the content of our Service, or incorporate into another website or other service (including any applications or mobile applications) any of our intellectual property.
Trademarks. We don’t want anyone to be confused as to which materials and services are provided by us and which aren’t. You may not use any trademark or service mark appearing on our Service without the prior written consent of the owner of the mark. RARE and RED IS THE CENTER are trademarks of Cox Media Group, LLC.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us through our feedback procedure or by sending a notice by U.S. Mail to Benjamin Findley, 6205 Peachtree Dunwoody Road, Atlanta, GA 30328. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
AP Materials. The materials accessible through this Service may include Associated Press text, photo, graphic, audio, and/or video material (collectively, “AP Material”). Your use of any such AP Material made available by AP is subject to AP’s license terms [INSERT LINK TO AP LICENSE TERMS]. The following provision applies to all visitors to this Service (including, without limitation, persons, representatives of legal entities, and digital engines of any kind, including, without limitation, ones that crawl, index, scrape, copy, store, or transmit digital content): By accessing this Service, you specifically acknowledge and agree that (i) AP Material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) no AP Material nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in the AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; and (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it.
We may offer certain products and/or services for purchase through this Service that are provided by us or by a third-party merchant. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. If you make a purchase from a merchant on our Service, or on a third-party website, application, or mobile application that you have accessed through a link on our Service, the information that you provide that merchant on its site, application, or mobile application, or otherwise as part of the transaction, such as your name, address, email, and credit card number, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. When you purchase products or services on or through this Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. Any such terms that apply to your purchase of products or services from us will be presented to you as part of your transaction. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website, application, or mobile application and click on its information links or contact the merchant directly. You release us and our Affiliates from any damages that you incur, and agree not to assert any claims against us or any of our Affiliates, arising from your purchase or use of any products or services made available by third parties through this Service.
Use at Your Own Risk. We provide the material available through this Service for informational purposes only. You may only use the material and the services available through this Service for your personal and non-commercial use. We try to ensure that information we post to this Service is both timely and accurate, and that the services offered are reliable. Despite our efforts, however, content or services on this Service may, from time to time, contain errors. In addition, some reports which may appear on this Service, such as stock quotes and related financial news, may be delayed at least 20 minutes due to requirements of the stock exchanges and/or financial information services. Before you act on any information you’ve found on our Service, you should confirm any facts that are important to your decision. If you rely on any information or service available through this service, you do so at your own risk. You understand that you are solely responsible for any damage or loss you may incur that results from your use of any service or any material and/or data downloaded from or otherwise provided through this service.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites, applications, or mobile applications we link. A link to another website, application, or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).
No Warranties. This service and all materials, information and services available through it, are provided to you “as is,” “with all faults,” and “as available.” we, our affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, timeliness, non-infringement, merchantability or fitness for a particular purpose of the materials, information and services available through this service, nor do we guarantee that the materials, information or services will be error-free, or continuously available, or free of viruses or other harmful components.
LIMITATIONS OF LIABILITY
Under no circumstances shall we, or our affiliates, service providers, or our licensors be liable to you or anyone else for any damages arising out of use of this service or any portion thereof, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our affiliates, agents and licensors is limited to the fullest extent permitted by such state law.) You agree that our liability and the liability of our affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to the service shall not exceed the amount you paid for the use of the service. Liability for damages will be limited and excluded in accordance with the preceding sentence even if any remedy provided for in this visitor agreement fails of its essential purpose.
You and we agree to arbitrate – rather than litigate in court – any and all claims or disputes between the parties (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of ours) that arise out of or in any way relate to this service and products or services that we, our affiliates and/or our service provider (on our behalf) may provide to you in connection with your use of this service; provided, however, that in no event shall this provision prevent you from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against us on your behalf. The arbitration between you and us will be binding, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.
In arbitration, there is no judge and no jury, and review of arbitration decisions in the courts is very limited. Instead, disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and we agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this arbitration agreement, you and we may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or any other federal, state, or local government agency authorized by law to hear your claims.
Class Action Waiver: You and we agree that all claims or disputes between you and us will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor we may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or us from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this section will not apply to any claim or dispute between you and us. This class action waiver may not be severed from our arbitration agreement.
Informal Dispute Resolution: You and we agree to try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify us of the dispute by sending a written description of your claim to [INSERT Contact and Address] so that we can attempt to resolve it with you. If we do not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor we may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.
Arbitration Procedures: You and we agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at http://www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to [INSERT Contact and Address]. You must also comply with the AAA’s rules regarding initiation of arbitration. We will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this agreement or applicable law. We will not seek to recover our fees and costs from you in the arbitration unless your claim has been determined to be frivolous. If you are successful in the arbitration, we will pay your reasonable attorney’s fees and costs. If you obtain an award from the arbitrator greater than our last written settlement offer, we will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location. If you seek less than $10,000, then you may choose to hold the arbitration in person, via phone, or to have it decided based on written submissions.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this Service through which you can directly interact with others, such as email services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas (“Communications Services”). For example, you may be able to upload Materials to participate in a contest or in news gathering on the Service, and you may be able to send a message to another user regarding content on our Service. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
Without limiting the terms of our Privacy Statement, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us or other content or materials submitted through this Service. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Service (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our Service, our customers, the public, our employees, Service Providers and Affiliates.
We reserve the right to deny access to any Communications Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service or our Service if you engage in any of the following prohibited activities:
- Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
- Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
- Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Uploading or posting any off-topic or irrelevant material to any chat room or forum;
- Interfering with or disrupting any servers or networks used to provide the Communications Services or our Service, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services or our Service;
- Violating any applicable local, state, national or international law, including, but not limited to (1) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- “Stalking” or otherwise harassing another;
- Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
- Collecting or storing personal data about other users;
- Gaining unauthorized access to our Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means; or
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email in connection with any messaging service or Communications Service made available through the Service. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam, unsolicited bulk email or private messaging transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of messages sent by us and through the Service, we cannot and do not always monitor such messages and attachments. You acknowledge and agree that such messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the messages and attachments for viruses, worms and other harmful components.
You agree to indemnify and hold us and our Affiliates, Service Providers, and our licensors, and all of their respective officers, directors, employees, and agents, harmless from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Service, violation of this Visitor Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.
GOVERNING LAW; JURISDICTION
This visitor agreement has been made in and shall be construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws rules. By using this Service, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia, for all disputes arising out of or relating to this Visitor Agreement or this Service.