Terms of Use

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Terms for Commercial and Non-Commercial Use of Photographs

These Terms of Use (Terms) were last modified on 4 of November 2019.  Please ensure that you have read the most current Terms as those will control your access and use of www.merlintuttle.org (“Site”).  If you do not agree to all terms, you must discontinue using the Site.

All photographs are copyrighted original works by Merlin Tuttle and MTBC employees and are protected by United States and international copyright law. All proceeds from sales through this Site support bat conservation through Merlin Tuttle’s Bat Conservation (501c3 nonprofit). By downloading images from Merlin Tuttle’s Bat Conservation photo gallery, you agree to the following terms.

In addition to MTBC Terms of Use, any User obtaining a license to use images shall be subject to these Terms for Commercial and Non-Commercial Use of Site Data (Licensing Terms).  In the event of conflict or contradiction between these Licensing Terms and any third party license, these Licensing Terms control.

Within and in compliance with these Licensing Terms, students, educators, conservationists and friends of bats are encouraged to use the images available from MTBC to promote public understanding and appreciation of bats as safe neighbors essential to healthy environments and human economies.  These images are available at 150 ppi, ideal for web, digital and PowerPoint use. Educators with special needs may obtain 300 ppi files, by special request, but will be assessed a higher fee per image handling charge. Members of MTBC are eligible for discounted rates, see member benefits for details.

Use of photographs under a license shall reflect bats in a positive or neutral light and in no way shall images be used in a derogatory, demeaning or negative manner as determined by MTBC in its sole discretion.  Any use which violates the Terms or Licensing Terms shall result in an immediate forfeiture of User’s license and User agrees to immediately discontinue using the image and the Site.

You agree to indemnify, defend and hold Merlin Tuttle’s Bat Conservation, its affiliates, content providers and their respective directors, officers, employees and partners (collectively Merlin Tuttle’s Bat Conservation) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any user as a result of, or in connection with any breach or alleged breach by you or anyone acting on your behalf, of any terms of this agreement.

 

General Provisions

  1. All photos must be credited to “MerlinTuttle.org” wherever shown, and User specifically agrees not to modify, crop, resize or otherwise alter any image which may obscure or diminish copyright information or credits.
  2. You are acquiring one-time rights of use regardless of terms of third-party licensor agreement.
  3. You specifically acknowledge that you have reviewed and agree to be bound by MTBC’s Terms of Use.
  4. MTBC’s failure to enforce strict performance of any provision of this agreement cannot be construed as a waiver of any provision or right.
  5. This agreement is not assignable to any other individual, corporation or entity without MTBC’s prior written consent.
  6. To deal with unanticipated abuse, MTBC reserves the right to cancel photo use permission to any user at any time without cause or advance notice where abuse is suspected.
  7. Upon request, User will provide sample copies of image use in order to verify compliance.
  8. User is prohibited from using images obtained under a valid noncommercial licensing agreement for any revenue generating purpose including publication on websites intended to induce income of any kind.
  9. User is prohibited from sub-licensing any image regardless of license obtained.
  10. User is prohibited from altering the images in any way including creating derivative works of any kind.
  11. Any use of images not expressly authorized by this agreement constitutes copyright infringement, entitling MTBC to exercise all rights and remedies available.
  12. This agreement will be governed in all respects by the laws of the State of Texas without reference to its laws relating to conflicts of law.

 

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The Site and all content and other materials on the Site, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, images, information, data, articles, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Site Data”) are the proprietary property of MTBC or its individual or corporate contributors or licensors and protected by U.S. and international copyright, trademark, and other applicable intellectual property laws.

The copying, displaying, reproduction or other use of any photographic content from this Site is strictly prohibited without the written consent of MTBC.  MTBC allows the licensing of materials through third party websites which can be accessed through the above links.  All images obtained in any form will be subject to MTBC Licensing Terms.  Additionally, any image or data obtained through a third party will also be subject to that website’s Terms of Use and/or licensing agreement.

By using images from this Site you agree to abide by United States of America copyright laws.  By using this Site you agree to follow all United States and local laws.

 

Prohibited Activities

Under no circumstances shall any image or Site Data be used in any way which could lead to the diminishment of public opinion of bats or which could be interpreted as creating a negative or undesirable image of bats.  Any such use will result in an immediate forfeiture and invalidation of any license no matter how acquired and you agree to immediately discontinue use of all Site Data.

Use of any Site images without obtaining a prior license to use is prohibited and may result in the prohibition of using the Site in the future as well as costs incurred in enforcing these Terms of Use, specifically including attorney fees.

Sublicensing of any kind is prohibited.

The use of any data mining, robots or similar data gathering or extraction methods, downloading (other than pursuant to the terms of a valid license) of any portion of the Site, Site Data or any information contained therein is strictly forbidden.

Creation and maintenance of our image service is a costly undertaking. Donations in any amount are deeply appreciated and ensure continued service and new photos.

 

Enforcement

User agrees that where User is requested to remove any image or other Site Data from a website or other public or personal platform including digital and nondigital formats that User will comply with such request within (24) twenty-four hours of receiving the request.

User understands and agrees that use of the Site or Site Data contrary to these Terms or in a manner prohibited by these Terms may result in activity counter to the express goals of this Site and the overall goals of MTBC, (bat conservation and bat education) which may be detrimental to the work, research and efforts of MTBC further resulting in damages that are difficult to calculate with exactitude and therefore agrees to the entry of an immediate restraining order or injunction in any court with jurisdiction and to pay the costs associated with enforcing these Terms of Use including reasonable attorney fees and court costs where the same are deemed necessary in the sole discretion of MTBC.

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If you have concerns relating to these agreements please contact us.