All photographs on this website are made available to commercial users for publications promoting a positive image of bats within terms of the following agreement. All other uses are strictly prohibited without clearly defined, written consent. All photographs are copyrighted original works by Merlin and Paula Tuttle and are protected by United States and international copyright law. All proceeds from sales through this site support bat conservation. By downloading images from Merlin Tuttle’s Bat Conservation photo gallery, you agree to the following terms. Many of these images are also available through ScienceSource.
- Any defamatory or libelous use or use that demeans public appreciation of bats or humans included in photos.
- Any use without a clearly visible credit to MerlinTuttle.org.
- Any sub-licensing.
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.
- You are purchasing one-time rights unless specified differently in writing.
- 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.
- This agreement is not assignable to another entity without Merlin Tuttle’s Bat Conservation’s prior written consent.
- No terms or conditions may be added or deleted unless accepted in writing by authorized representatives of both parties.
- 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.
- Upon reasonable notice, you will provide sample copies of your uses in order to verify compliance.
- 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.
- 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.
If you have concerns relating to this agreement please contact us.
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.