Terms for Commercial and Non-Commercial Use of Copyrighted Materials
All Materials 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 Materials from Merlin Tuttle’s Bat Conservation photo gallery or a MTBC representative, you agree to the following terms.
Within and in compliance with these Licensing Terms, students, educators, conservationists and friends of bats are encouraged to use the Materials available from MTBC to promote public understanding and appreciation of bats as safe neighbors essential to healthy environments and human economies. Images are available at 150 ppi, ideal for web 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.
Use of Materials 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 Materials 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.
- All Materials must be credited to “MerlinTuttle.org” wherever shown, and User specifically agrees not to modify, crop, resize or otherwise alter any Materials which may obscure or diminish copyright information or credits.
- You are acquiring one-time rights of use regardless of terms of third-party licensor agreement.
- MTBC’s failure to enforce strict performance of any provision of this agreement cannot be construed as a waiver of any provision or right.
- This agreement is not assignable to any other individual, corporation or entity without MTBC’s prior written consent.
- To deal with unanticipated abuse, MTBC reserves the right to cancel Materials use permission to any user at any time without cause or advance notice where abuse is suspected.
- Upon request, User will provide sample copies of Materials use in order to verify compliance.
- User is prohibited from using Materials obtained under a valid noncommercial licensing agreement for any revenue generating purpose including publication on websites intended to induce income of any kind.
- User is prohibited from sub-licensing any Materials regardless of license obtained.
- User is prohibited from altering the Materials in any way including creating derivative works of any kind.
- Any use of Materials not expressly authorized by this agreement constitutes copyright infringement, entitling MTBC to exercise all rights and remedies available.
- 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.
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.
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.
Under no circumstances shall any Materials 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.
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 Materials service is a costly undertaking. Donations in any amount are deeply appreciated and ensure continued service and new photos.
User agrees that where User is requested to remove any Materials 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.