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Your Use of this Site is Governed by the Following Terms and Conditions:
Terms and Conditions
Ownership of This Website
Permitted Usage
Restrictions as to Use
Credit
Termination
Retention of Digital Files
Payment Terms
Cancellation Policy
Refunds
Links to Third Party Sites
Indemnity
General Disclaimers
Limitation of Liability
Unauthorized Use/Retroactive License Fee
Miscellaneous Jurisdiction
TERMS AND CONDITIONS
If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. WildNaturePhotos, LLC (herein after WildNaturePhotos) reserves the right to alter, modify or update these legal terms of use at any time and you agree to be bound by such modifications, alterations or updates. Return to top
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by WildNaturePhotos. All elements of the site, including the content (content meaning all images and related informational materials in any medium, including related text, captions, keywords or other information) and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property. Return to top
PERMITTED USAGE
Comp Use: WildNaturePhotos grants you a personal, non-transferable, non-exclusive license to copylow-res files of images you have selected onto your computer and to use the Image(s) and any derivative works or copies (collectively, the "Image(s)") in your computer terminal network and with one user at a time and only in the United States. WildNaturePhotos represents that it has the right to grant the license on behalf of the contributor. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts ("comp use"). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to WildNaturePhotos. You must contact WildNaturePhotos to obtain a license for additional use.
Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise agreed, any electronic use of an Image is granted for the United States only, and is limited to one year from date of invoice.
You are required to pay for all hi-res images directly downloaded from this site whether you use them or not. Cancellation of intended reproduction, may incur a $50 administrative fee. Return to top
RESTRICTIONS AS TO USE
The following uses are prohibited:
Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
Create any derivative use of an Image unless indicated on the invoice.
Sublicense, re-license, rent or lease any of the Images.
Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
Archive, republish or transmit any Images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from WildNaturePhotos.
Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
Use of the Image(s) to promote a business that sells or licenses photographic images, or otherwise competes with WildNaturePhotos in any manner.
Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations. Return to top
CREDIT
Image(s) used editorially should bear a credit line as indicated by WildNaturePhotos and must include credit to both contributor and WildNaturePhotos.
When Images are used by User in publications, User shall provide WildNaturePhotos with two (2) free copies of such publication immediately upon printing. Return to top
TERMINATION
WildNaturePhotos reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. WildNaturePhotos reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future. Return to top
RETENTION OF DIGITAL FILES
Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Image(s) from all electronic and removable media and destroy any other copy of the Image(s), except as licensed under this Agreement. WildNaturePhotos's copyright information and Image identification number must be stored with the digital files while you retain them. Return to top
PAYMENT TERMS
Time is of the essence in the performance by User of its obligations for payments.
Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to WildNaturePhotos within ten (10) days after receipt of invoice. Return to top
CANCELLATION POLICY
After invoicing, user has up to ten (10) working days to cancel a project at no charge. Thereafter, cancellation fees of up to ten (10%) percent may apply. Return to top
REFUNDS
For image licensing, after payment is received by us, we do not provide refunds or credit. For print or card orders, if for any reason you are not satisfied with a print order, we will refund 100% of your purchase price upon its return to us in the condition that it was shipped. Return shipping charges are your responsibility. You must contact us prior to any return and we will give you specific return instructions. If your order is delivered damaged, it is your responsibility to contact the shipper. IMPORTANT: Save all packing materials. Failure to do so can cause the shipper to deny your claim.Return to top
LINKS TO THIRD PARTY SITES
The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents. Return to top
INDEMNITY
You agree to indemnify and hold WildNaturePhotos, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement. Return to top
GENERAL DISCLAIMERS
WILDNATUREPHOTOS GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. WILDNATUREPHOTOS IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY WILDNATUREPHOTOS.
DIGITAL FILES ARE PROVIDED "AS IS."
WILDNATUREPHOTOS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. WILDNATUREPHOTOS MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS. Return to top
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WILDNATUREPHOTOS OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND WILDNATUREPHOTOS SHALL BE THE FEE PAID FOR THE IMAGE TO WILDNATUREPHOTOS. Return to top
UNAUTHORIZED USE/RETROACTIVE LICENSE FEE
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we shall seek all damages and remedies available, including attorney's fees and all associated costs. Return to top
MISCELLANEOUS JURISDICTION
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach thereof, shall be settled by arbitration in Tucson, Arizona in an arbitration office, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Arizona. If User of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.
Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the United States District Court for the District of Arizona.
If WildNaturePhotos is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.
The agreement is not assignable or transferable on the part of User.
This contract contains all the terms of the agreement between us (WildNaturePhotos and User) concerning transmission, delivery and review of Image(s), and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and terms of any subsequent invoice supersede any and all terms if the client's purchase order. Any subsequent invoice may contain additional terms relating to the rights granted and the type of usage allowed. Return to top
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