Notice to Gallery and Blog Users

All photographs on this website are made available royalty free, solely for nonprofit educational purposes that advance the conservation of bats.  Within terms of the following agreement, students, educators, conservationists and friends of bats are encouraged to use these images to promote public understanding and appreciation of bats as essential to healthy environments and human economies. All other uses are strictly prohibited without clearly defined, written consent from the photographers. All photographs are copyrighted original works by Merlin and Paula Tuttle and are protected by United States and international copyright law.  For all commercial use, contact ScienceSource (Active link). Proceeds from sales support our ongoing work on behalf of bats. By downloading images from Merlin Tuttle’s Bat Conservation website, you agree to the following.

Terms of Use (Active link to the following terms)

Strictly prohibited

1.      All revenue generating use, including on websites or other venues intended to induce income of any kind.

2.       Any defamatory or libelous use or use that demeans public appreciation of bats or humans included in photos.

3.      Any removal, modification or additions to copyright notice, or other alteration of images (including cropping that obscures      copyrights).

4.      Any sub-licensing.

Indemnification

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 on a solicitor and client basis) 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.      You specifically acknowledge that you have reviewed and agree to be bound by Merlin Tuttle’s Bat Conservation’s Terms of Use.

2.      Merlin Tuttle’s Bat Conservation’s failure to insist upon or enforce strict performance of any provision of this agreement cannot be construed as a waiver of any provision or right.

3.      This agreement is personal to you and is not assignable by you without Merlin Tuttle’s Bat Conservation’s prior written consent.

4.      No terms or conditions may be added or deleted unless accepted in writing by authorized representatives of both parties.

5.      To deal with unanticipated abuse, Merlin Tuttle’s Bat Conservation reserves the right to cancel photo use permission to any user at any time without cause or advance notice.

6.      Upon reasonable notice, you will provide sample copies of your uses in order to verify compliance.

7.      Any use of images not expressly authorized by this agreement constitutes a copyright infringement, entitling Merlin Tuttle’s Bat Conservation to exercise all rights and remedies available under copyright laws.

8.      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.

Contact

If you have concerns relating to this agreement please contact us.

 

(Indent) Must provide a check box saying I have carefully read and agree to be bound by Merlin Tuttle’s Bat Conservation’s Terms of Use. And our promise not to sell, trade or barter user contact information.

 

(Indent)Only after box is checked, user should see a location to sign in. This will include user’s full name, email and mailing addresses, phone number and intended use, i.e.

            Student

            Private Conservationist

            Classroom Educator

            Nature Center

            Conservation Organization

            Government Agency

            Other

Also include, if feasible,  a statement such as Creation and maintenance of our royalty-free image service is a costly undertaking. Donations in any amount are deeply appreciated and ensure continued service and new photos.

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