Finding Species Copyright Information
BY EXERCISING ANY RIGHTS TO FS PHOTOGRAPHS, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. FINDING SPECIES (HEREINAFTER “FS”) GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
FS PHOTOGRAPHS ARE PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF FS PHOTOGRAPHS OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
1. DEFINITIONS.
a. "FS Photographs" means the copyrightable work of authorship
offered under the terms of this License and displayed on the National
Biological Information Infrastructure’s Digital Image Library.
b."YOU" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to FS Photographs, or who has received express permission from FS to exercise rights under this License despite a previous violation.
2. FAIR USE RIGHTS. FS is the entity who created FS Photographs, the original author and the copyright owner. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. LICENSE GRANT. Subject to the terms and conditions of this License, FS hereby grants YOU a worldwide, royalty-free, non-exclusive license to exercise the rights in FS Photographs as stated below:
a. To copy, distribute, present, and display FS Photographs for classroom and other educational uses only. The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by FS are hereby reserved;
4. RESTRICTIONS. The license is subject to the following conditions:
a. Attribution. YOU must give Finding Species credit either below or directly adjacent to FS Photographs, providing our name, the copyright symbol, and the creation year of the photograph, as follows: © 2005 Finding Species. In the case of omission of the credit, YOU will be charged $500 per missing credit line and any reasonable attorney fees required to obtain these damages. The foregoing fee shall be in addition to, and not in lieu of, any other rights or remedies that FS may have at law or in equity.
b. Noncommercial. YOU may NOT use FS Photographs for commercial purposes or in commercial products, INCLUDING BOOKS FOR SALE. YOU may not exercise any of the rights granted to YOU in Section 3 above, in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. FS Photographs may not be used in any published product, whether print, electronic, or other media currently known or hereafter devised.
c. Without Corporate Endorsement. FS Photographs may not be used in conjunction with any corporate logos or as part of advertisements, campaigns or any other program that has company involvement in any media or formats whether now known or hereafter devised. FS Photographs shall not be incorporated into, nor used to create a derivative to use in, a logo, trademark or service mark. FS Photographs may not be used for any promotional, advertising or merchandising use, and may not be sold or sublicensed by YOU to third parties.
d. Without Modification. YOU may not change or manipulate the content of any FS Photograph, either physically or electronically, except for using a few established editing methods that are consistent with maintaining the scientific integrity of the image; the acceptable editing methods are toning, cropping, making minor color adjustments, and retouching, electronic or manual, limited to the removal of minor scratches or minor image flaws.
e. With Limits. Only the specific uses enumerated in this Agreement are granted. YOU shall not use reproduce, make derivations, distribute, present, perform, publicly display nor permit the use of FS Photographs in any way not authorized by this Agreement. FS and FS Photographs are protected by United States copyright laws, international treaty provisions, and other applicable laws. This license shall be strictly construed. FS reserves all rights not expressly granted to YOU herein; it is understood that any use which exceeds the license granted herein shall violate FS’ copyrights.
5. CONSIDERATION. FS grants YOU
the rights contained in this License in consideration of:
a. YOU accept the terms and conditions of this license, and
b. YOU provide a minimum of one (1) copy of usage to FS.
6. REPRESENTATIONS & WARRANTIES, DISCLAIMER AND RELEASE.
a. Representations & Warranties.
By offering FS Photographs for public release under this License,
FS represents and warrants that, to the best of its knowledge after
reasonable inquiry:
i. FS has secured all rights in FS Photographs necessary to grant
the license rights hereunder and to permit the lawful exercise of
the rights granted hereunder without YOU having any obligation to
pay any royalties, compulsory license fees, residuals or any other
payments;
ii. FS Photographs do not infringe the copyright, trademark, publicity
rights, common law rights or any other right of any third party or
constitute defamation, invasion of privacy or other tortious injury
to any third party.
b. Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, FS PHOTOGRAPHS ARE LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF FS PHOTOGRAPHS.
This “as is” basis applies to, but is not limited to, the quality, sequence, completeness, accuracy, and/or reliability of FS Photographs including the species identifications. YOU are advised to carefully examine FS Photographs for possible defects (whether digital or otherwise) before carrying out any Reproduction.
c. Release.
i. YOU acknowledge that FS, when taking news photographs, does not
obtain releases from human subjects, individuals, groups or entities
contained in its photographs, and further acknowledges that no clearance
is obtained from the owners of any trademarks or copyrighted designs
or works of art whose marks and/or materials are included within FS
Photographs.
ii. YOU acknowledge that YOU will be solely responsible for obtaining
any and all necessary releases for human subjects and/or entities
that are necessary for YOUR own uses of FS Photographs.
7. INDEMNIFICATION.
a. Other than as stated in Paragraph 6.a., FS makes no warranty, express
or implied, including, without limitation, any implied warranties
of merchantability or fitness for a particular purpose. FS SHALL NOT
BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE, PROFIT
OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER
SIMILAR DAMAGES WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE
LEGAL GROUNDS EVEN IF FS HAD BEEN ADVISED OR HAD REASON TO KNOW OF
THE POSSIBILITIES OF SUCH DAMAGES. IN NO EVENT SHALL FS BE LIABLE
TO YOU FOR ANY USE OF FS PHOTOGRAPHS BY YOU OR BY ANY THIRD PARTY.
8. Termination.
a. This License and the rights granted hereunder will TERMINATE AUTOMATICALLY
upon any breach by YOU of the terms of this License. Sections 1, 2,
6, 7, 8, and 9 will survive any termination of this License.
b. Upon termination of this License, YOU must immediately: (i) stop any ongoing or planned use of FS Photographs; (ii) destroy or, upon FS’ request, return FS Photographs to FS; (iii) delete or remove FS Photographs from YOUR premises, computer systems and any other types of storage (electronic, physical, or other).
9. Miscellaneous.
a. If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability
of the remainder of the terms of this License, and without further
action by the parties to this agreement, such provision shall be reformed
to the minimum extent necessary to make such provision valid and enforceable.
b. This Agreement contains all the terms of the license agreement, and no terms or conditions may be modified, waived, added or deleted. Any modifications, waiver, or discharge must be in writing and signed by an authorized representative of FS.
c. If YOU are unsure of permitted uses under this agreement, wish to use FS Photographs in a manner not permitted by this Agreement, or have comments or complaints regarding this License, please contact FS at info@findingspecies.org with the subject line: ATTN: FS LICENSE.
10. Law and Jurisdiction
YOU and FS agree that this Agreement- and any disagreement, arbitration,
or litigation arising out of it or because of it- will be governed
by the applicable laws of the State of Maryland and applicable laws
of and international treaties ratified by the United States of America,
notwithstanding any conflict of laws with other regions.