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Terms of Image Use & Licensing
Welcome to NatureOfTravel.com
stock agency website (StockSite). These are the Terms you must follow
if you license an image from NatureOfTravel, LLC (NatureOfTravel).
Please read these terms carefully.
You
are required to agree to these terms and conditions if you use the
StockSite located at www.NatureOfTravel.com. Your use of the
StockSite indicates your acceptance of these terms and conditions which
applies to all files on the StockSite.
1. Use of image files. NatureOfTravel licenses to you the use of image files only as provided below on a
nonexclusive and nontransferable basis upon payment of the required
fees. All other rights to the image files and any accompanying
materials such as copyright are retained by NatureOfTravel and its
content providers.
a. NatureOfTravel's Image Licenses are limited licenses. Available license types and image releases are
signified by checked boxes in the Licensing Information section below
each individual image's "Photo Title" on that image's display page. Please use the "CLICK HERE to contact us for pricing" link under the
image you have an interest in licensing. This will take you to our
contact page with image information already entered into the contact
text box. Add any comments and your contact information, then click the
Send button. We will contact you quickly with pricing information.
b. The basic Rights Managed (RM) License is good for one
project only. Image usage time and volume
must be negotiated between you and NatureOfTravel.
c. The basic Royalty Free (RF) License
is good for 250,000 copies maximum, with no time constraints. If your
needs exceed that image usage volume, a new license must be purchased. d. Unless the Model Release and/or Property Release box(es) are checked the image must be considered "Editorial Use Only," with no model and/or property releases available.
2. Consent. You
must be at least 18 years of age to use the StockSite and accept this
Agreement. NatureOfTravel may require any registrant provide
sufficient proof that they are at least 18 years of age. Minors can
access NatureOfTravel.com only by having their parent or legal
guardian register on their behalf. By opening such an account, the
parent or legal guardian authorizes the minor to use and agrees to be
bound personally by the terms and conditions of this agreement. NatureOfTravel may elect at its sole discretion to monitor any area
or records pertaining the StockSite for compliance with this agreement
or for any other reason.
3. Intellectual Property and Privacy Laws. You
acknowledge that the content available through the StockSite is the
property of NatureOfTravel or its content providers and is protected
by copyright and possibly other intellectual property laws.
Furthermore, you acknowledge that trademarks and copyrights of the
subject matter depicted in the images are subject to protection by
intellectual property laws and that you must obtain consent from the
owners of the intellectual property when necessary to comply with
intellectual property laws. Absent an explicit written statement from NatureOfTravel stating otherwise, you should assume that no consent
from persons or owners of property depicted in an image has been given
regarding publication and that model and property releases are not
available from NatureOfTravel or its content providers. Further,
NatureOfTravel makes no claims or warranties as to the validity of
the model or property releases associated with any image and such
releases should be verified by you and that such usage shall be at your
risk.
4. Prohibited Uses.
You may not: a.
display or post images obtained from the NatureOfTravel.com StockSite
in a gallery or library format or size larger than 800 pixels that
makes it easy for people to copy, save or steal the photos. If more
than 10 images from the StockSite are being used, size must be no more
than 150 pixels in height or width. This is to prevent photos from
being freely or easily re-distributed. If your photo is larger than 600
pixels and is an integrated part of a product, design, template or
website, this is fine. b.
use images in any way that constitutes a violation of the rights of
individuals such as defamation, intrusion on privacy, misappropriation
of likeness, or depiction in a false light. c.
use images in any way that violates civil and criminal laws such as
those regulating pornography, obscenity, fraudulent schemes,
counterfeiting, espionage, and aid to illicit activities. d.
post any file obtained from the StockSite in a gallery format designed
or intended to facilitate transfers of files via the Internet by
individual users. e. resell
or distribute any file obtained from the StockSite or its associated
depiction unless the image is an integrated part of the product being
resold, and comprises less than 50 percent of the overall product, page
layout or design. (see Permitted Uses section 5a. below) f.
reverse engineer, decompile, or disassemble any part of a file or
accompanying materials except as permitted by law. You MAY alter the
image file to suit your visual needs however - see Section 5b. g. use any part of an image as a trademark, service mark, logo, or part thereof. h. remove any copyright or trademark information from any place in the files or accompanying materials.
You may: a.
display the images from image files in any manner not prohibited by the
agreement (see Section 4.) provided that you include the copyright
information from the image file in the form of a legally effective
copyright notice if at all possible in this form: "Photographer's Name.
Image from NatureOfTravel.com". b.
modify or alter images as necessary for your use, as allowed for
elsewhere in these terms and conditions. All photos, art, images or
files taken from NatureOfTravel and integrated into said derivative
work are still copyrighted by NatureOfTravel or the appropriate
content provider. By purchasing a license to use an image file from
NatureOfTravel you are not purchasing copyrights to our image files
in any way. If requested by NatureOfTravel, you agree to execute a
written assignment of any such copyrights with respect to such
derivative work. c. in the
normal course of workflow, convey to third parties such as printers a
temporary copy of a file that is integral to your work product and
without which the product could not be completed. d. print a copy of the photo for your own use in any size, but you may not resell it, or redistribute it to others in any way.
Acceptable uses include but are not limited to
consumer merchandise, website designs, business cards, other designs,
website and powerpoint templates, calendars, printed publication covers and interior images, product
packaging, advertisements, newsletters, flyers, brochures, set designs,
scholastic and promotional materials, films or videos, demonstrations,
presentations, trade show signage and other uses where the image is not
a definitive main part of your product.
Using the photo as part of your product is generally OK. Using the image or re-printing the image in a way that it is the main part of your product or is a main definitive part of your product is generally not OK, without additional license fee negotiation.
Purchasing
an image buys you a license to use the image in one product/project. If
you are creating several products/projects you must re-purchase the
image for each new product:
Example 1:
You write an article and use a NatureOfTravel image in it and you
distribute 100,000 copies. If you decide to use the photo again for a
different article or for a different purpose, you must re-purchase it.
Example 2:
You create a website template and sell it on your site to any number of
people, using a NatureOfTravel image in it. If you decide to use the
image again for a different template, you must re-purchase it for each
new template/product you design. You can sell as many copies of the
template or product as you like, as limited by your purchased license,
but each
new separate product you design and sell requires the photo to be
purchased again, since the license you are buying is for use of the
image file within one product.
If
your photo usage needs fall outside of the scope of what is permitted
herein, you may be able to purchase and use the images with an Extended License for your usage. Please contact NatureOfTravel for negotiated terms.
6. Discontinuance: NatureOfTravel reserves the right to elect at a later date to replace the Image
File(s) with an alternative for any reason. Upon notice of such
replacement, the license for the replaced Image File(s) terminates for
any products that do not already exist, and this license automatically
applies to the replacement Image File(s). You agree not to use the
replaced Image File(s) for future products and to take all reasonable
steps to discontinue use of the replaced Image File(s) in products that
already exist.
7. No resale or sublicensing. You
may not resell, distribute or sublicense the files, accompanying
material, or the rights to use the files to anyone for any purpose,
except as specifically provided for in this agreement or within a
NatureOfTravel Extended Licensing agreement.
8. Assumption of risk. You
expressly agree that use of all images, files, or software distributed
by NatureOfTravel is at your sole risk. NatureOfTravel does not
warrant or guarantee that files or images on the StockSite are free
from copyright or other intellectual property concerns.
9. Disclaimers. All images, files, and software distributed by NatureOfTravel are provided on an as is and as available
basis and without warranties or conditions of any kind either express
or implied. and NatureOfTravel assumes no responsibility for any
actions or liabilities arising from their possession or use.
NatureOfTravel disclaims all warranties, express or implied,
including but not limited to, implied warranties of merchantability and
fitness for a particular purpose. Under no circumstances shall
NatureOfTravel or its content providers be liable to you or any
third-party for any indirect, consequential, incidental, special or
punitive damages, including but not limited to lost profits and
business interruption, irrespective of the type of cause of action,
arising in any way from use of the StockSite, even if NatureOfTravel is expressly advised of the possibility of such damages. In no event
shall NatureOfTravel's liability exceed the fees paid for the use of
the files. No oral advice or written information given by NatureOfTravel, its content providers or the like, shall create a
warranty; nor shall customer rely on any such information or advice.
You acknowledge that this paragraph shall apply to all content, images,
and services available through this StockSite. In those states that do
not allow the exclusion or limitation of liability for consequential or
incidental damages, liability is limited to the fullest extent
permitted by law.
10. Assignment You
may not assign its right and obligations under this agreement without
obtaining the prior written consent of NatureOfTravel.
NatureOfTravel may assign this agreement.
11. Severability Should
any clause of this agreement be found unenforceable, that will not
affect any other clause and each will remain in full force and effect.
12. Arbitration A
material part of this contract is the Agreement to arbitrate. Any and
all disputes arising out of, under or in connection with this
Agreement, with the exception of copyright claims, including without
limitation, its validity, interpretation, performance and breach, shall
be submitted to arbitration in Knoxville, Tennessee pursuant to the rules of the Arbitration Act (Tennessee)
in effect at the time arbitration is demanded. Judgment upon any award
rendered may be entered in the highest court of the forum having
jurisdiction. This Agreement, its validity and effect, shall be
interpreted under, and governed by, the laws of the State of Tennessee,
and you agree that the arbitrators shall award all costs of
arbitration, including legal fees, plus legal rate-of-interest to the
successful party. Copyright infringement claims shall be brought in the
Courts of the State of Tennessee, Knox County.
You consent to service of any required notice or process upon you by
registered mail or overnight courier with proof of delivery.
13. Legal Fees and Jursdiction If
NatureOfTravel is obligated to go to court, rather than arbitration,
to enforce any of its rights, or to collect any fees, you agree to
reimburse NatureOfTravel for its legal fees, costs and disbursements
if NatureOfTravel is successful. You agree that the Courts of the
State of Tennessee, Knox County,
are the agreed and appropriate forums for any such suit, and consent to
service of process by registered mail or overnight courier with proof
of delivery.
14. Entire Agreement YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE
TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND NatureOfTravel, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND
NatureOfTravel RELATING TO THE SUBJECT OF THIS AGREEMENT.
NatureOfTravel reserves the right, at its discretion, to revise this
Agreement at any time, and such revision shall be effective immediately
upon the posting of the revised Agreement at the StockSite. You agree
to review the Agreement periodically to become aware of such revisions.
If any such revision is unacceptable to you, you may terminate your
membership with NatureOfTravel. Your continued use of
NatureOfTravel following posting of the revised Agreement on the
StockSite shall be deemed to be acceptance of all such revisions. You
agree that by using this site, or images, photos, or files from this
site, that you are bound by this Agreement. This Agreement evidences
the complete understanding of the parties (you and NatureOfTravel.com) with respect to the subject matter hereof and may
not be amended, modified or waived in whole or in part except in
writing signed by the parties.
End Terms of Image Use & Licensing
Questions? Please contact NatureOfTravel here:
NatureOfTravel, LLC PO Box 100 Blaine, TN 37709
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