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Terms of Use (the basics)

>Please credit all images in the following manner: ©Steven David Miller / Natural Wanders.

>You agree that no image shall be used to promote or encourage the harming of any animal in any way. This includes hunting, shooting, trapping, capturing, restraining, or killing any animal of any kind.

>You agree that no image shall be used in an offensive, pornographic, or harmful manner.

>All images are Rights Managed and you are purchasing one-time, non-exclusive rights only. That means you may use the image one time for a specific use. If you would like to use the image again for a 2nd edition or 2nd print run, please notify us and we will give you a reduced, 'second use' rate. The image can be used within a PDF file of a magazine article placed on the publisher's website, but it may not be used on its own on the publisher's website or Facebook page etc. 

>You agree to delete the image (or images) once you have completed the project it was used for. If you would like to use an image again for 2nd time rights, please download it again from the Natural Wanders website and email us so that we can send you a discount code. (20% discount).

>You agree that you will not use the image in a composite that is then resold as a product (for example a poster, brochure, etc.).

>Only 690KB and 1.1MB files are available for use on the internet. Higher resolution files are not available for internet use

>Every image on Natural Wanders is guaranteed to be the exclusive work of Steven David Miller. Steven David Miller owns the copyright to all of the Natural Wanders images, and that copyright is registered with the United States Copyright office (the copyright applies worldwide). Worldwide exclusive rights are available upon request; in this case the image will be pulled from the collection for the term of the agreement.

>While we take every care in labeling all images, errors can occur and it is the responsibility of the end user to check the accuracy of the labeling (i.e. latin name, etc.). We assume no responsibility for any errors in labeling. 

>Some images are marked "*Editorial use only" at the end of the caption. This means the image may be used in a publication, but it MAY NOT be used to sell or promote a product of any kind.

>All images are captioned and the use of the caption is included in the cost of using the image. The captions may be changed or left out to suit editorial needs.

>Please be advised that we use a clipping service and media monitoring service to keep track of image use. We take any violation of our registered copyright very seriously and we will pursue violations to the fullest extent of the law.

Terms of Use (the details)

WEBSITE TERMS AND CONDITIONS OF USE

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS. BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement. If you are acting on behalf of a disclosed principal, both you and your client are jointly liable for payment of any licensing fees. STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS reserve the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property. The copyright to the Images on this NATURAL WANDERS site are owned by STEVEN DAVID MILLER who created the Images. The Images on this site may only be used as outlined under "PERMITTED USAGE" below. It is illegal to copy or reproduce these Images beyond the "PERMITTED USAGE," including use on other web sites without the prior written consent of STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS.

GENERAL WEBSITE RESTRICTIONS

NO META SEARCHING OR FRAMING: You may not take the results from a NATURAL WANDERS search and reformat and display them, mirror or “frame” the NATURAL WANDERS home page or results pages on your Web site. You may not link to any page of the Web site other than the home page located at www.naturalwanders.com.You may not send automated queries of any sort to the NATURAL WANDERS system without express permission in advance from STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS.

PERMITTED IMAGE USAGE

Images may not be used in any way until immediate payment is made or an invoice granting usage rights is paid in full or will be paid within 30 days of the date on the invoice. Unless otherwise agreed, use of any Image is granted to the country of residence or registration of the Licensee and is limited to one year from date of invoice.

PROHIBITED IMAGE USE

The following uses are prohibited:

The use of the Image beyond the terms of this limited license agreement, without first obtaining an additional license, including any electronic reproduction or promotional rights.

To create any derivative use of an Image unless indicated on the invoice.

To sublicense, re-license, rent or lease any of the Images.

The use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

The use of the image that in any way encourages harming any animal in any way.

The 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.

To archive, republish or transmit any images on any database or to a network or bulletin board in a downloadable format or enable it to be distributed via mobile telephone devices, 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 STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS.

To use any Image in an 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, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.

To use the Image to promote any activity that endangers any animal in any way including but not limited to hunting magazines.

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.

CREDIT

Images used editorially should bear the following credit line:

©STEVEN DAVID MILLER / NATURAL WANDERS

TERMINATION

STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS reserve 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. STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS reserve 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.

DIGITAL FILES

Except as permitted under a license agreement, Licensee must delete any Images downloaded and stored in any electronic and removable media and destroy any other copy of the Images. The copyright symbol, the name of STEVEN DAVID MILLER OR NATURAL WANDERS and the image number or other identification number associated with the Image(s) as may be included as part of the electronic file.

PAYMENT TERMS

Time is of the essence in the performance by Licensee 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 STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS within ten (10) days after receipt of invoice.

LINKS TO THIRD PARTY SITES

The linked sites are not under STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS’ control and they is 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. STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS are not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS provide the links to you only as a convenience and it does not endorse the linked sites or their use or contents.

INDEMNITY

Licensee agrees to indemnify and hold STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS, 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.

GENERAL DISCLAIMERS

STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS GIVE 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 LICENSEE MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF THEIR 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 STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS.

DIGITAL FILES ARE PROVIDED "AS IS." STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS MAKE 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. STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS MAKE NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS, OR THE COPYRIGHT OWNER OF THE IMAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, 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 SHALL BE THE FEE PAID FOR THE IMAGE TO STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE

Any use of Image(s) in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS to exercise all rights and remedies available to them under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS other remedies under this Agreement, STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS reserve the right to charge and Licensee agrees to pay a fee equal to ten(10) times STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS normal license fee for use of the Image(s).

MISCELLANEOUS

Jurisdiction and Attorney’s Fees: 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 hereof, shall be settled by arbitration in Collier County, Florida 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 Florida. If Licensee 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, 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. Licensee agrees to be subject to the jurisdiction of the Federal Court of the Southern District Court in Florida. If STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS are 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 Licensee.

No Assignment: This agreement is not assignable or transferable on the part of Licensee

No Waiver: No action of STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

Entire Agreement: This Agreement and the Invoice contains all the terms of the agreement between STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS and Licensee and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this STEVEN DAVID MILLER & LINDA LEE RATHBUN / NATURAL WANDERS Agreement shall govern.

 


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