PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A CHOICE OF FORUM CLAUSE.
1. Privacy Statement.
2. Acceptance; Amendments.
3. Submissions to the Website.
A. Article and Photograph Submissions.
B. Discussion Forum Postings.
- Comments and Other Text. All information and text that you post on the Website discussion forum ("postings") immediately become part of Website and you agree and consent to the use of such postings by us or anyone from the public, free of any claim by you for copyright infringement or other violation of any of your rights. All such postings are non-confidential and non-proprietary. In placing any posting on the Website, you grant to us an irrevocable, non-exclusive, perpetual, royalty-free and worldwide right and license to disseminate and make use of your posting for any purpose not prohibited expressly by applicable law, without any obligation to pay you any royalties or provide any attribution to you.
- Photographs and Images. Our forums and galleries allow you to post photographs and other images onto the Website discussion forum, view photographs and images posted by others, and receive and send commentary on such postings. All photographs and other images that you post on the Website discussion forum or galleries (this subset of postings is specifically referred to as "photo postings") are non-confidential. All Photo postings, whether linked to an existing image URL or uploaded directly to our server, will be immediately copied and will remain on our servers indefinitely and become a permanent part of the Website.
- Photo Postings. Unless you provide your photo posting "for discussion purposes only" (under part (b) below), by submitting a photo posting onto the Website discussion forums, you grant us and each forum participant a perpetual, non-exclusive, irrevocable, royalty-free and limited right and license to reproduce, copy, distribute, modify, edit, create derivative works from, and publish such photo postings (in original or modified form) on the Website discussion forum solely for purposes related to a nature photographer's exchange and learning forum. This includes, but is not limited to, generation and display of preview thumbnails. This license does not permit us or any forum participant, without your prior consent, to publish any photo posting in print, to use any photo posting in connection with any article, to modify, edit or create derivative works from any photo posting except for purposes of providing you with critique and constructive feedback by re-posting the modified image back onto the forum with commentary, to modify or delete any copyright notice you provide with your photo posting, or to re-post any photo posting (in original or modified form) anywhere other than within the forum and on our Website servers, as an Editor's Pick (see (iii) below), or on your personal portfolio on the Website (if you choose to have a portfolio on the Website under (iv) below).
- Photo Postings For Discussion Purposes Only. If you want to submit a photo posting but do not want either us or any forum participant to download the photo posting, modify the photo posting, or re-post the photo posting as modified, you must state in your posting that you "provide this image for discussion purposes only." Note this should be text added with your image post and not to your signature line because this election must be made on an image by image basis. By submitting a photo posting "for discussion purposes only," you grant an irrevocable, non-exclusive, perpetual, royalty-free and worldwide right and license: (i) to all forum participants to view the photo posting on the forum and provide any comments and/or feedback on the posting in text format only; and (ii) to us to publicly display, reproduce, copy, modify, edit and publish the photo posting only to the extent reasonably necessary for us to display the photo posting on the proper forum for viewing by forum participants, including, but not limited to, generation and display of preview thumbnails. With respect to any photo posting provided "for discussion purposes only," no forum participant is permitted to download, reproduce, copy, modify, edit, create derivative works from, publicly display, publish or re-post the photo posting in any manner, other than through the normal caching operation of their computer browser. Additionally, we will not consider photo postings submitted "for discussion purposes only" to be eligible for nomination as an Editor's Pick.
- Editor's Picks. Unless you tell us otherwise when you post your photo posting onto the Website, all photo postings not submitted "for discussion purposes only" are eligible to be nominated as an "Editor's Pick." If your photo posting is featured on the Website as an "Editor's Pick," we may, in our discretion, add an appropriate copyright notice to your photo posting, if your photo posting didn't already bear an appropriate copyright notice. All photo postings featured as an "Editor's Pick" will be archived and made available on the Website for posterity in the Editor's Pick archives.
- Personal Portfolios. Paid members, if they wish, may maintain a personal portfolio page on the Website ("Personal Portfolio"). Photo postings you submit in connection with your Personal Portfolio will not be scrubbed from our databases, but rather will be maintained solely for display in your Personal Portfolio unless and until you resign as a paid member of the Website or otherwise terminate your Personal Portfolio.
When you submit a photo posting, you can choose how you permit us and forum participants to make use of your photo posting.
No matter how you choose to submit a photo posting, you retain your copyright interest as owner and/or author of your photo postings and all other proprietary rights in and to such photo postings. When you post photo postings onto the Website discussion forums, you represent and warrant that: (i) you are the sole author of the photo posting and/or you have sufficient authority from the author or authors to grant us the rights and licenses set above; and (ii) the photo posing is a work original to the author (unless identified by you as containing original works of third parties) and that such photo posting, including all third party works of authorship, does not infringe any copyright, trademark, tradename (or knowingly infringe any patent or any other proprietary right) of any third party.
C. The Website and Materials Provided by Others.
All words, photographs, graphics, images, content, articles and other information that we or any of our users (other than you) make available on the Website (the "Website information") are protected by applicable copyright, trademark, trade secret and other laws protecting our proprietary rights and the rights of our contributors and the authors of such works. By making any use of the Website, you agree that we are not offering for sale or selling the Website information, but instead are granting you a limited, royalty-free, non-exclusive, revocable and non-transferable license to make use of the Website information for your own personal or internal business purposes. Unless otherwise set forth in a separate written agreement signed by us, you agree that this license does not permit you to:
- Download any Website information (except to the extent of your browser's ordinary caching operation);
- Sell any Website information downloaded (or copied in another form) for money, barter, exchange or other consideration;
- Redistribute any Website information to anyone (except to your bona fide employees who need the Website information for internal business purposes);
- Make any more than one print copy of any of the Website information;
- Republish any Website information for any purpose, including commercial gain;
- Make any alterations, additions or other modifications to any Website information; or
- "Mirror" any Website information on any other server.
4. No License to Trademarks.
All trademarks, service marks, tradenames or other identifying marks displayed on the Website, including and not limited to NatureScapes.Net®, (the "Marks") are owned by us and/or our licensors. Except as applicable law may otherwise provide, or as we may otherwise agree in a signed, separate writing, we do not consent to any use of the Marks by any person and do not grant you any right to use the Marks displayed on this Website.
5. This Website permits you to register for a user name and password to access certain portions of the Website, such as the Image Forums, that are not generally available to the public (the "Restricted Areas") or to post questions and comments to the forums.
All Personal Information you provide to us in connection with your registration will be handled in accordance with our Privacy Statement. When you register for access to Restricted Areas of the Website, you represent and/or agree that:
- You have and will access the Website and provide information to us with the bona fide intent to use or to evaluate the Website, and not with an ulterior intent, such as to download portions of the Website to compete with us, to infringe an author's copyright in Website information displayed on the Website, or to provide information to any of our competitors;
- In using the Website, you will comply with all applicable international, country, federal and state laws, rules and regulations;
- You will not disclose your user name or password to anyone; you will maintain such codes securely so that no other person may gain access to them, and you will notify Us within twenty-four (24) hours of any unauthorized disclosure or use of your user name and/or password; and
- To the extent that you are negligent in maintaining the confidentiality of your user name and password, you will be responsible for any damages caused to the operation of the Website through the use of your user name and password, and you will be liable for all misuse of the user name and password occurring prior to when you notify us that the account has been compromised and we have reasonable time under the circumstances to terminate applicable access rights.
6. Misuse of the Website.
- Infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents;
- Violate others' privacy, publicity or other personal rights, and/or send unsolicited commercial email;
- Advertise, transmit, store, post, display or otherwise make available pornography or obscene speech or material;
- Transmit, display or post defamatory, foul, harassing, abusive or threatening language; and/or
- Engage in activities, whether lawful or unlawful, that we determine in our sole and unfettered discretion to be harmful to other users of the Website, Website operations, or our reputation, goodwill or customer relations.
7. Linking to the Domain;
No "Framing." We permit reasonable, good faith and non-defamatory links to the Website so long as:
- it is clear in the link reference that we have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by us; and
- no use is made of our Marks (though our wordmarks may be used if proper credit is provided on the page [e.g. "NatureScapes.Net®" is a trademark of NatureScapes.Net, LLC]). We do not consent to "framing" our content or any Website information inside of any other page.
8. Available Remedies.
- notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through the Website; and
9. Term & Termination.
Your right to use this Website is effective from the date you first enter this Website and, unless terminated as provided herein, shall continue until:
11. Disclaimer of Warranties.
WE AND OUR CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE SUITABILITY OF THE WEBSITE INFORMATION OR POSTINGS FOR ANY PURPOSE. ALL WEBSITE INFORMATION AND POSTINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE INFORMATION OR POSTINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE, ARE SPECIFICALLY DISCLAIMED. THERE IS NO WARRANTY THAT ANY WEBSITE INFORMATION, POSTINGS, CONTENT, EFFORTS, SERVICES, THE WEBSITE OR ANY SYSTEM PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACCURACY, SUITABILITY AND QUALITY OF WEBSITE INFORMATION, POSTINGS AND SUBMISSIONS, AND FOR THE ACCURACY OF ANY RESULTS DUE TO OUR PROCESSING OF ANY SUCH MATERIALS. WEBSITE TECHNICAL SUPPORT AND OTHER STAFF SERVICES ARE PROVIDED ON A BEST EFFORTS BASIS AND ARE NOT WARRANTED FREE-OF-ERROR.
YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR ANY WEBSITE INFORMATION, SUBMISSION OR POSTING IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT SUCH WEBSITE INFORMATION, SUBMISSION OR POSTINGS; UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, COSTS OR FEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ACTUAL, COMPENSATORY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT OCCASIONED BY OUR NEGLIGENCE. FURTHER, IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR WEBSITE INFORMATION, SUBMISSIONS OR POSTINGS AVAILABLE ON THE WEBSITE.
If you have any questions or comments regarding these legal terms please contact us.