RMEF PoliciesTerms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. These Terms & Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and the Rocky Mountain Elk Foundation, concerning your access to and use of the rmef.org and the elknetwork.com websites as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms & Conditions. If you do not agree with all of these Terms & Conditions, then you are expressly prohibited from using the Site.
Rocky Mountain Elk Foundation reserves the right, at its sole discretion, to modify or replace these Terms & Conditions at any time for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Site after the date such revised Terms & Conditions are posted. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
©1999-2020 Rocky Mountain Elk Foundation, 5705 Grant Creek Road, Missoula, Montana 59808, U.S.A. All Rights Reserved. Unless otherwise indicated, the entire content included in this site, including but not limited to text, graphics, photographs, videos, databases or source code is copyrighted as a collective work under the United States and International copyright laws, and is the property of the Rocky Mountain Elk Foundation and/or its contributors (the “Content”). All trademarks, service marks and trade names of the Rocky Mountain Elk Foundation used on the Site are trademarks or registered trademarks of the Rocky Mountain Elk Foundation (the “Marks”). Any other product or company names mentioned herein are the trademarks of their respective owners. Trademark infringement is a violation of state and federal law.
GUIDELINES FOR THE USE OR REPRODUCTION CONTENT FROM THE SITE
Permission to use, copy and distribute materials delivered from this Site is hereby granted under the following conditions:
- The Content and the Marks are provided on the Site “AS IS” for your information and personal use only;
- You may not copy, reproduce, republish, upload, post, transmit, distribute, alter or prepare any Content from the Site without the prior express written consent of the Rocky Mountain Elk Foundation;
- You may use written content from the Site for educational uses, news reporting, scholarships and informational purposes. However, to use written material containing an additional copyright in the name of a third party, you must obtain the permission of the copyright holder;
- You may not modify Content in any way;
- The Rocky Mountain Elk Foundation must be acknowledged as the source of Content;
- Content used from the Site must remain consistent with the mission and purpose of the Rocky Mountain Elk Foundation;
- It is unlawful to falsely claim copyright or other rights in the Content;
- The Rocky Mountain Elk Foundation does not indemnify nor hold harmless users of the Site or the Content, nor release such users from copyright infringement, nor grant exclusive use rights with respect to the Content.
USER GENERATED CONTENT
The Rocky Mountain Elk Foundation may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material through the Site (collectively, "Contributions").
By posting Contributions to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You represent and warrant that:
- Your Contributions do not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Rocky Mountain Elk Foundation to use your Contributions;
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions;
- Your Contributions are not false, inaccurate, or misleading;
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined solely by the Rocky Mountain Elk Foundation);
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
- Your Contributions do not violate any applicable law, regulation, or rule; and
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
DISCLAIMER & LIMITATION OF LIABILITY
The Rocky Mountain Elk Foundation is providing the Site on an “as is” basis and makes no representations or warranties of any kind with respect thereto. The Rocky Mountain Elk Foundation disclaims all such representations and warranties, including warranties of merchantability and fitness for a particular purpose. In addition, the Rocky Mountain Elk Foundation does not represent or warrant the information accessible via the Site is accurate, complete or current. Except as specifically stated on the Site, neither the Rocky Mountain Elk Foundation nor any of its officers, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. This includes all links outside the rmef.org and elknetwork.com domains. The Rocky Mountain Elk Foundation has no liability to any user for any loss or corruption of any data submitted or otherwise collected by the Site.
TERM AND TERMINATION
These Terms & Conditions shall remain in full force and effect while you use the Site. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms & Conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
These Terms & Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of law principles.
USER REGISTRATION & REPRESENTATIONS
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. Rocky Mountain Elk Foundation reserves the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with these Terms & Conditions;
- You are not under the age of 13;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
- You will not access the Site through automated or non-human means;
- You will not use the Site for any illegal or unauthorized purpose;
- Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is false, inaccurate, or incomplete, Rocky Mountain Elk Foundation reserves the right to suspend or terminate your account and refuse any and all current or future use of the Site.
You may not use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:
- Retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the express written permission of the Rocky Mountain Elk Foundation;
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Use a buying agent or purchasing agent to make purchases on the Site;
- Use the Site to advertise or offer to sell goods and services, except without the express written permission of the Rocky Mountain Elk Foundation;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- Engage in unauthorized framing of or linking to the Site;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Attempt to impersonate another user or person or use the username of another user;
- Sell or otherwise transfer your profile;
- Use any information obtained from the Site in order to harass, abuse, or harm another person, including employees or agents of the Rocky Mountain Elk Foundation;
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise without the express written permission of the Rocky Mountain Elk Foundation;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Delete the copyright or other proprietary rights notice from any Content;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- Disparage, tarnish, or otherwise harm, in our opinion, the Rocky Mountain Elk Foundation and/or the Site;
- Use the Site in a manner inconsistent with any applicable laws or regulations.
In an attempt to provide increased value to our visitors, the Rocky Mountain Elk Foundation may choose third-party Web sites to link to from its own site. However, even if the third party is affiliated with the Rocky Mountain Elk Foundation, the Foundation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Rocky Mountain Elk Foundation. The Rocky Mountain Elk Foundation has no responsibility or liability for these independent policies or actions and is not responsible for privacy practices or the content of such Web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Rocky Mountain Elk Foundation seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
THIRD PARTY & USER GENERATED CONTENT
Any party or user who posts information to the Site agrees not to post any material that is defamatory, obscene, or a violation of any copyright or trademark rights, and further agrees not to represent himself or herself as someone else. The Rocky Mountain Elk Foundation is under no obligation to monitor the information residing on or transmitted to the Site; however, any party or user who posts information to the Site agrees that the Rocky Mountain Elk Foundation may take appropriate action in order to prevent the violation of the rights of the Rocky Mountain Elk Foundation or of other parties, in order to comply with any law, regulation or other governmental request, or in order to operate the Site properly or to protect itself or others. The Rocky Mountain Elk Foundation reserves the right to modify, reject, or eliminate any information residing on or transmitted to the Site that, in its sole discretion, it believes is unacceptable or in violation of these Terms & Conditions. The use, distribution, or publication of any materials posted by third parties or users does not constitute or imply an endorsement of such materials or of any opinions or comments in such materials. The Rocky Mountain Elk Foundation disclaims all responsibility for any defamatory, obscene, or copyright or trademark infringing material posted to the Site by any third party or user. Any party or user who posts information to the Site represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. While the posting party will retain ownership of the copyright in the materials it posts, the posting party agrees that all of the materials it posts shall become part of a database, and that the Rocky Mountain Elk Foundation will own the compilation copyright in that database. The posting party hereby grants the Rocky Mountain Elk Foundation a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display, and distribute its posting, any portion of such posting and any derivative works created from such posting, in print electronic and other media, by any means now known or developed in the future. The Rocky Mountain Elk Foundation may sublicense all of its rights and licenses or assign them to third parties. Neither the Rocky Mountain Elk Foundation nor any third party using the posting in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the posting. The Rocky Mountain Elk Foundation shall have no duty to attribute authorship of the posting to the posting party. The Rocky Mountain Elk Foundation shall not be obligated to enforce any form of attribution by third parties.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
The Rocky Mountain Elk Foundation welcomes comments and questions on these Terms & Conditions. If you have questions or would like to receive further information regarding use of the Site, please contact us at:
Rocky Mountain Elk Foundation 5705 Grant Creek Road Missoula, MT 59808 406-523-4500 or 1 (800) CALL ELK [email protected]