Terms of Use

Revised On: 2024/02/04

The Rocky Mountain Mink Refuge (“RMMR”) website is an online community dedicated to animal welfare. For more information about RMMR’s web properties and the policies that govern them, please visit our Privacy Policy.

These Terms of Use, along with any documents explicitly incorporated by reference, regulate your access and use of the Website. This includes all content, functionality, and services provided on or through the Website, whether you are accessing as a guest or as a registered user.

Terms Acceptance & Website Access

Acceptance of Terms of Use

Please read the Terms of Use carefully. By accessing and using this Website, you acknowledge that you have read and agree to be bound and abide by these Terms of Use, including the Privacy Policy. If you do not agree to these terms, please refrain from using this Website, and any related content or services.

 
Changes to Terms of Use

These Terms and Conditions of Use are subject to revision at our sole discretion and without notice to you, thus we encourage you to review them periodically. Continued use of the Website signifies your consent to any changes that have been made to these Terms of Use.

 
Use of the Website
Minors/Users under the age of 18

No one under the age of 18 is allowed to register on the Website. While the Website is designed to be appropriate for all users, we do not knowingly collect personal information from users who are under the age of 18. If you are not yet 18 years old, please do not participate in any of the activities on the Website that require you to provide personal information (like making a purchase or signing up to receive the newsletter). 

RMMR is committed to safeguarding our users’ online privacy and recognizes the importance of protecting the privacy of personal information, particularly that of children (for further information, please see our Privacy Policy). We take all required steps to protect the privacy and safety of children in accordance with the Children’s Online Privacy Protection Act (COPPA).

 
Account Security

To become a registered user of the Website, you may be required to provide specific registration details or other information. As a condition of using the Website, it’s essential that all information you submit is accurate and complete. You agree that any information you provide for registration on this Website, or for any other purposes, is subject to our Privacy Policy, which is incorporated into these terms by reference.

If you choose a username and password as part of our security procedures, you must keep this information confidential. You assume sole responsibility for all activities conducted under your account.

RMMR reserves the right to disable any username, password, or other identifier at any time and at our sole discretion, particularly if we believe you have breached any of these Terms of Use.

User Conduct

Rocky Mountain Mink Refuge (“RMMR”) encourages collaborative efforts and constructive discussion between animal enthusiasts in support of animal welfare. In line with the ethos of our mission, we ask that you adhere to the following guidelines when posting on this site:

  You must be over the age of 13 to post comments and/or content.

  Refrain from using profanity in your messages.

  Do not engage in personal attacks or explicit criticism against individuals or organizations.

  Avoid excessive negativity, and do not incite or approve violent or illegal activities.

  Do not post or transmit unlawful or objectionable content, including but not limited to, harassing, defamatory, abusive, threatening, harmful, graphic, obscene, profane, sexually oriented, or racially offensive material.

  Advertising by the public is not permitted on our platform

  Please avoid spamming or posting off-topic material.

  Action may be taken against accounts using multiple logins to disrupt the community or annoy other users.

We reserve the right to remove any contribution, including but not limited to, that which violates these guidelines, or take legal action against any account at any time, for any reason. We may modify or expand these guidelines as necessary.

Intellectual Property and Content Usage

All materials on the Rocky Mountain Mink Refuge (“RMMR”) Websites, including but not limited to, information, text, images, graphics, photographs, video and audio, displays, data, trademarks, service marks, and logos (as well as their design, selection and arrangement) are, unless specifically stated otherwise, the exclusive property of RMMR and are protected under United States copyright, trademark, and other intellectual property laws. Stardust & Silverblue Creations is the merchandise division of RMMR and all products and designs are protected under United States copyright, trademark, and other intellectual property laws, and may not be reproduced in any manner or form. Permission for this will not be granted under any circumstances.

You are authorized to view RMMR content for personal and non-commercial use, provided it does not harm the reputation of RMMR, and provided that you maintain any copyright and proprietary notices contained in such content. You are prohibited from copying, downloading, reproducing, republishing, reusing, distributing, transmitting, storing, creating derivative works of, publicly displaying, or modifying any of the materials on the Website for any purpose without first obtaining RMMR’s express written permission.

To request permission to reprint or reproduce any RMMR materials, contact us at [email protected], specifying the content you wish to use. The permitted content does not include the website’s layout or design, which are protected and must not be imitated or reproduced. Logos, graphics, sounds, or images from our website cannot be reproduced or distributed without RMMR’s express written consent.

If you use the Website in violation of these Terms of Use, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of any materials that you have created. No right, title, or interest in or to the Website or any content thereof is transferred to you, and all rights not explicitly granted are reserved by RMMR. Any use of the Website not expressly permitted by these Terms of Use constitutes a breach of these terms and may infringe upon copyright, trademark, and other relevant laws.

User Contributions

If you encounter infringing or objectionable content, please notify us at [email protected].

 
Contribution Standards

User Contributions and Linked Sites on the RMMR Websites must fully adhere to all relevant federal, state, local, and international laws and regulations. Specifically, User Contributions and Linked Sites must NOT:

  Contain materials that are copyrighted, trademarked, or protected by other proprietary rights unless explicit permission is granted by the rights holder.

  Include any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  Promote explicit sexual content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

  Infringe upon any patents, trademarks, trade secrets, copyrights, or other intellectual property or rights of any other person.

  Violate the legal rights of others, including rights of publicity and privacy, or contain material that could result in civil or criminal liability under applicable laws or regulations, or conflict with these Terms of Use and our Privacy Policy.

  Be deceptive to any person.

  Encourage or advocate for illegal activities or promote or support any unlawful acts.

  Cause annoyance, inconvenience, needless anxiety, or potential distress, embarrassment, alarm, or annoyance to others.

  Impersonate any person, or misrepresent your identity or affiliation with any person or organization, or

  Create the impression that they originate from or are endorsed by RMMR or any other person or entity, if this is not the case.

Additionally, User Contributions should not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

You acknowledge and agree that you are solely responsible for the content of any User Contribution you submit and/or your Linked Site. This responsibility extends to the legality, reliability, accuracy, and appropriateness of the content. RMMR is not responsible for and disclaims any liability to any third party for the content, accuracy, completeness, or usefulness of any User Contribution or any Linked Site.

 
Ownership of Content & Confidentiality

Any User Contribution posted to the RMMR Websites or Properties is considered non-confidential and non-proprietary. By posting any User Contribution on the Website, you:

    1. Grant (or confirm that the owner of such material has expressly granted) RMMR a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (either in whole or in part) worldwide. This also includes the right to incorporate it in other works across any form, media, or technology now known or later developed, for the full term of any copyright that may exist in such material.
    2. Represent and warrant that you own or control all rights to the User Contribution and have the authority to grant the license mentioned above to us.
    3. Assert that the User Contribution complies with these Terms of Use.
    4. Allow any other user of the RMMR Website to access, view, store, or reproduce the material for their personal use only.
 
Content Monitoring, Enforcement and Termination

While RMMR reserves the right to monitor content on the RMMR Websites, we are not obligated or under any liability to do so. At our sole discretion, we may:

  Remove or refuse to post any User Contributions for any reason.

  Take any action regarding User Contributions that we deem necessary or appropriate, especially if we believe such content violates these Terms of Use.

  Disclose your identity or other information to any third party claiming that the material posted by you infringes on their rights, including intellectual property rights or privacy rights.

  Engage in appropriate legal action, including but not limited to, involving law enforcement, for any illegal or unauthorized use of the Website or the content provided therein.

  Terminate or suspend your access to all or part of any of the RMMR Properties for any reason, including but not limited to, any violation of these Terms of Use.

Additionally, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or RMMR Properties.

 

YOU WAIVE AND HOLD HARMLESS RMMR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RMMR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF THESE INVESTIGATIONS BY EITHER RMMR OR LAW ENFORCEMENT AUTHORITIES.

 
DMCA Compliance & Copyright Protection

RMMR respects intellectual property rights and adheres to DMCA regulations and is committed to, as appropriate, terminating users who infringe these rights. If you believe that your content has been copied in a manner that constitutes copyright infringement, please contact us and provide the information listed below. This information is required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
    3. Identification of the material 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, along with information reasonably sufficient to permit us to locate the material.
    4. Information reasonably sufficient to allow us to contact the complaining party.
    5. A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. 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.

Outgoing Links and Third-Party Sites

This website may feature hyperlinks to websites operated by persons or entities other than Rocky Mountain Mink Refuge (“RMMR”). These links, provided solely for your convenience, are not an endorsement by RMMR of the organizations or individuals operating these third-party websites. We exercise no control over the contents of such external websites or resources and can not be held liable for them, including any loss or damage that may result from your use of them. The terms and conditions set forth here apply only to this Website. Should you choose to access any third-party websites linked to our Website, you do so at your own risk and are subject to the terms and conditions of those external websites.

Prohibited Uses

The Website is intended for lawful purposes and must be used in accordance with these Terms of Use. You agree not to use the Website to:

  Violate any federal, state, local, or international laws or regulations, including laws related to data export from the US and other countries.

  Exploit or harm minors by exposing them to inappropriate content, soliciting personally identifiable information, or other harmful methods.

  Send, receive, upload, download, use, or reuse any material that does not meet the Content Standards outlined in these Terms of Use.

  Transmit or facilitate the sending of any unsolicited advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations.

  Impersonate Rocky Mountain Mink Refuge (“RMMR”), an RMMR employee, another user, or any person or entity, including using email addresses or screen names associated with them.

  Engage in behavior that restricts or inhibits anyone’s use or enjoyment of the Website, or behavior that may harm RMMR or Website users or expose them to liability.

 

Additionally, you agree to NOT:

  Use the Website in a way that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.

  Use any robot, spider, or other automatic devices, processes, or means to access the Website for monitoring, copying, or any other unauthorized purpose.

  Use any manual process to monitor or copy any Website material without prior and expressly written consent.

  Use any devices, software, or routines that interfere with the Website’s proper functioning.

  Introduce viruses, trojan horses, worms, logic bombs, or other harmful or technologically damaging material.

  Attempt unauthorized access, interfere with, damage, or disrupt any parts of the Website, the server where the Website is stored, or any server, computer, or database connected to the Website.

  Launch a denial-of-service attack or a distributed denial-of-service attack against the Website.

  Attempt to interfere with the Website’s proper working.

Disclaimers and Liability

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, ALONG WITH ALL MATERIALS ON OR REFERENCED BY THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES. ROCKY MOUNTAIN MINK REFUGE (“RMMR”) HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER THEY ARE EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE ABOVE DISCLAIMER DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE RESERVE THE RIGHT TO WITHDRAW OR CHANGE THIS WEBSITE, AND ANY SERVICE OR MATERIAL WE PROVIDE ON IT, IN OUR SOLE DISCRETION WITHOUT NOTICE. WE DO NOT WARRANT AND WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

THIS DISCLAIMER APPLIES TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THIS SITE.

 
Limitation of Liabilities

IN NO EVENT SHALL ROCKY MOUNTAIN MINK REFUGE (“RMMR”) BE LIABLE FOR ANY KIND OF DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT ON THE WEBSITE. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, OR DATA, AND DAMAGES WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE.

THE ABOVE DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless, Rocky Mountain Mink Refuge (“RMMR”) and its employees, agents, officers, directors, founders, successors, and assigns from all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) related to or arising from your use or misuse of this Website, including your access, uploads, postings, emails, downloads or other activities on its profiles, blogs, any linked websites and Social Media.
RMMR retains the right to engage in the defense of any claim or action and any negotiations of settlements at your expense. RMMR also reserves the right, upon notifying you, to assume exclusive defense and control of any claim or action against it that is subject to indemnification by you, which does not absolve you of your indemnification obligations.

Termination

Your continued use of the Website constitutes acceptance of these Terms of Use and any changes to them. This acceptance constitutes an agreement between you and RMMR which is effective unless and until terminated by either you or RMMR. You may terminate this agreement at any time by discontinuing use of the Website. RMMR may also terminate this agreement at any time without notice, and accordingly deny you access to the Website and our Social Media, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.

Governing Law and Jurisdiction

All matters concerning the Websites and these Terms of Use, including any dispute or claim arising from or related to them (this includes non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States and Utah. This governance will occur without regard to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

Any legal suit, action, or proceeding resulting from or related to these Terms of Use or the Website must be resolved exclusively in the federal courts of the United States or the courts of the State of Utah. By using this Website, you acknowledge and consent to jurisdiction in Utah and waive any objection to such courts’ jurisdiction over you or to venue in such courts.

Comments and Concerns

Any feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].