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Marine Photobank Usage Terms

Attention existing members: These terms replace all past usage terms.

Photo Contributor Terms for:

Black band disease advancing from bottom to top on the coral species Diploria strigosa in Islas del Rosario , Columbia.
Sven Zea, Universidad Nacional de Colombia .

Photo Download User Terms for:


Marine Photobank Upload Agreement for Amateur Photographers, Non-commercial Image Banks and Other Entities.

Terms of Use

This License Agreement (Upload) is entered into between the Marine Photobank ("MPB") and the undersigned Photographer (person or entity).

Marine Photobank is a project of SeaWeb, a nonprofit organization.

This agreement covers the Photographer’s voluntary contribution to the MPB Photo library. Photographer, by clicking “I Accept”, upon registering, attests to your or your entity’s (referred to as ‘you’) agreement to the terms expressed. By submitting Photographer’s Image to Marine Photobank:

  1. You are hereby agreeing that the Image can be used by MPB and its users as permitted by the MPB member agreement, and that MPB can keep the Image available for use by MPB and its users and can use the Image posted by you, on a worldwide, royalty-free, non-exclusive basis, for non-commercial uses and media for such period of time as MPB may elect in its sole discretion and without any compensation to you;
  2. You represent that you either own all rights in the Image, or have permission from its rightful owner(s), necessary for you to permit such Image uses;
  3. If any persons are identifiable in the Image(s), you warrant that you have written authorization from the subjects for the use of their likenesses, except where the label has been clearly marked "No Model Release."
  4. MPB is not required to use your Image.
  5. Images may appear in media and will be accompanied by the designated credit information unless you request otherwise in the copyright and additional comments fields for a specific image.

Photographer agrees to indemnify and hold harmless MPB against any damages resulting from a breach of these terms.

While MPB will make every effort to enforce its member agreements with Image users, Photographer is responsible for detailing any special use instructions beyond the standard use agreement and will not hold MPB liable for mislabeling or improper credit by clients, unauthorized usage, loss or damage to transparencies, etc.

This agreement shall be governed by and construed in accordance with the laws of the District of Columbia.



Marine Photobank Upload Agreement for
Professional Photographers

Terms of Use

This License Agreement (Upload) is entered into between the Marine Photobank ("MPB") and the undersigned person or entity (“Professional Photographer”).

Marine Photobank is a project of SeaWeb, a nonprofit organization.

1. License.

You hereby grant to the MPB, its successors and assigns a non-exclusive, irrevocable, paid-up, transferable, worldwide royalty-free license to Use (as defined below) 10 or more of your images for any purposes relating to promoting not-for-profit education, research and conservation.

This covers any portion of the text, graphics, artwork, images, content and other works which you upload to the MPB website and which are uploaded hereafter, including any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means (collectively the “Images”).

If MPB accepts your Images, the Accepted Images can be used by MPB and its users as permitted by the MPB member agreement, and MPB can keep the Accepted Images available for use by MPB and its users and can use the Accepted Images posted by you, on a worldwide, royalty-free, non-exclusive basis for an unlimited period, as MPB may elect in its discretion.

Any media use will be directed to you, the “Professional Photographer,” in order to arrange any potential financial transaction, unless the Professional states otherwise in the ‘copyright’ and ‘additional comments’ fields of a given photo.

MPB will identify you as the photographer unless you indicate otherwise (e.g. in some cases a photographer may prefer to be anonymous for a given image).

United States copyright laws, international treaty provisions and other applicable laws protect all rights. Rights not specifically granted are reserved to the photographer.

"Use" means reproduce, distribute, redistribute, perform, display (whether publicly or otherwise). Uses may alter, crop, manipulate and create derivative works of the Image. However no alteration of content to portray information different than the original material is permitted without permission.

You acknowledge that images will be used for not-for-profit “Promotional Purposes” which includes :

  • Website, online and multimedia designs
  • Advertising and promotional campaigns, presentations and brochures
  • Book jackets and interior pages
  • Packaging for software, music albums, CDs, cassettes and videotapes
  • Calendars, greeting cards and posters
  • Displays, billboards and exhibits
  • Products for resale in any quantity
  • Any personal use 
2. Releases.

You represent that you have obtained all authorizations, releases, clearances, and consents that may be required in connection with use of the Images, including without limitation (i) written releases from individuals appearing recognizably in the Images; and (ii) if any pre-existing copyrighted works are included in the Images, licenses from the copyright owners of such Images.

3. Warranties.

You represent to MPB that, to the best of your knowledge: (i) you are the sole owner of each submitted Image and its copyright and have the right to grant MPB the licenses hereunder; (ii) the submitted Images are original and do not infringe on the statutory copyright or common law right of and do not defame any third party; (iii) you have the right to enter into this Agreement and perform your obligations hereunder and do not hold membership in any trade group or collective society that would otherwise impair your obligations or impose additional requirements on MPB; (iv) caption information that you may be required to submit for the Accepted Images is accurate and complete; (v) except for consents and fees for any persons or property depicted in Accepted Images, MPB may use the Accepted Images as provided herein without obtaining any additional consents or permissions or the payment of additional fees to third parties, except for a) restrictions regarding the use of Accepted Images provided by you at the time of submission, or b) uses involving sensitive subject topics, unless Accepted Images are specifically released for sensitive subject, c) use by media which must be cleared with you if you specify for a given image (see further details of media use below).

4. Indemnifications

You agree to indemnify, save, and hold MPB and its successors, officers, directors, employees, and agents harmless from any and all claims, demands, losses, or damages (including reasonable attorneys' fees and expenses) arising out of or in connection with any claim by a third party which results in a bona fide settlement, claim, or adjustment which if proved true would constitute a breach of the releases and warranties set forth in Sections 2 and 3, provided that such indemnity shall not apply to Accepted Images that have been modified by MPB or its customers without your authorization if such claim would not have arisen but for such modification.

MPB shall indemnify and hold you harmless for any claims arising solely out of (i) MPB's promotion or licensing of your Accepted Images, or (ii) changes by MPB to an Accepted Image without your consent, or (iii) our failure to follow any restrictions provided by you and accepted by MPB, so long as such claims would not have arisen but for our changes or failure to follow such accepted restrictions, but excluding claims arising from your breach of any obligation under this Agreement. For any indemnification hereunder, MPB shall have the absolute right to control any such litigation and settlement by and on your behalf, and shall seek your consent (not unreasonably withheld) only if you are required to contribute funds as part of such settlement.

5. Assurances

MPB will endeavor to, and request that third parties, include a copyright notice or other credit on or within each medium containing any Image, but you agree that MPB shall have no liability if such notice or credit is not included. You will need to indicate the specific copyright instructions and credit information in the Copyright Field for each image.

6. Waivers; Limitation of Liability.

Because MPB is a not-for-profit organization project, and MPB is not engaged in making a profit with your photographs, MPB shall not be liable to you or any third party for any direct, indirect, consequential, special, punitive or incidental damages. Notwithstanding the foregoing, the liability of MPB hereunder for any reason and upon any legal cause of action shall be limited to $100 in recognition that it is providing a service for the public good.

You agree that MPB is not liable for any loss or damage to digital images or digital material submitted to MPB and you are required to provide or maintain your own backup files for any digital image submitted to MPB. You shall bear sole responsibility for obtaining and maintaining adequate insurance for protection of the accepted Images

7. Entire Agreement; Governing Law.

This agreement constitutes the entire agreement between MPB and you and supersedes all prior or contemporaneous discussions, communications and agreements, whether oral or written. No amendment or modification will be effective unless it is made in writing and signed by both parties. This agreement shall in all respects be governed by the laws of the District of Columbia, except for conflicts of law provisions thereof.

8. Media Use.

This agreement provides opportunity for media to utilize your images. You have the option to request a fee from media prior to their use. It is the responsibility of the professional photographer to specify in each of your images, in the ‘Copyright Statement’ field associated with each of your photos, as to whether you seek compensation for media usage. In addition, you must provide your contact information, preferably your phone number and/or email for media to readily contact you. Any financial transaction negotiated will be handled directly between you and the media entity. Sample text for a copyright statement is as follows:

"Image may be used for non-commercial purposes only. Media members must contact photographer prior to use at XXX-XXX-XXXX or yourname@yourwebsite.com. Credit should state, "Your Name/Marine Photobank."

 


Marine Photobank Download and Use Agreement for
Academics, Conservation Organizations and other entities conducting not-for-profit uses of images.

Terms of Use

This License Agreement (Download) is entered into between the Marine Photobank ("MPB") and the undersigned person or entity ("User") and their sub-contractor.

Marine Photobank is a project of SeaWeb, a nonprofit organization.

This agreement covers the free download (not sale) of an item from the MPB library of images for use in not-for-profit conservation, academic or other non-commercial presentation. MPB images are available royalty-free and can be used for multiple projects for an unlimited period of time, but also require that you agree to the terms of the License Agreement below (pornographic, defamatory, libelous or otherwise unlawful use of any image is prohibited) by clicking on “I Accept” upon registration.

You will need to sign this agreement for ALL uses of Images. These include:

  • Website, online and multimedia designs
  • Advertising and promotional campaigns, presentations and brochures
  • Book jackets and interior pages
  • Packaging for software, music albums, CDs, cassettes and videotapes
  • Calendars, greeting cards and posters
  • Displays, billboards and exhibits
  • Products for resale in any quantity
  • Any personal use
  • All other uses
License.

Marine Photobank hereby grants to User a limited, non-exclusive, revocable, paid-up, non-transferable, non-sublicensable license to Use (as defined below) solely for Awareness Purposes (as defined below), the text, graphics, images, content and other works (collectively, the "Images").

Users agree to the terms of this agreement, but also agree to follow specific instructions that may be outlined by the photographer in relation to an individual Image.

"Use" means reproduce, distribute, redistribute, perform, display (whether publicly or otherwise). User may alter, crop, manipulate and create derivative works of the Image. However no alteration of content to portray information different than the original material is permitted without permission.

Use for “Awareness Purposes” means illustrating print (newspaper, magazine or book) or online articles that discuss conservation, or other limited, not-for-profit, and non-commercial Uses. At no time may User make any commercial Use of any Image without the express written consent of the author of such Image. Users agree to do their best to provide a report and examples of products created with the Images.

It is the responsibility of the User to follow all copyright requests even when downloading watermarked versions directly from the galleries.

User has the right to have the Image transferred to subcontractors working on a non-commercial project for the User, provided that such subcontractors agree to abide by the terms of this Agreement and use only for User’s purposes.

User agrees that use of any Image is at User's sole risk.

MPB reserves all rights not expressly granted to User in this Agreement.

The license contained in this Agreement will terminate automatically without notice from MPB if User fails to comply with any provision of this Agreement.

Indemnity.

User shall indemnify SeaWeb, MPB and their affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from User's use of any Image or User's violation of this agreement. This agreement will inure to the benefit of MPB's successors and assigns.

Limitation of Liability.

MPB shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of any Image, any loss or for the cost of procurement of substitute goods or services, including damages for loss of profits, use, data or other intangibles.

Entire Agreement; Governing Law.

This agreement constitutes the entire agreement between MPB and User concerning the subject matter hereof and supersedes all prior or contemporaneous discussions, communications and agreements, whether oral or written, between MPB and User relating to the subject matter hereof. No amendment or modification will be effective unless it is made in writing and signed by both parties. This agreement shall be governed by the laws of the District of Columbia except for conflicts of law principals thereof.


Marine Photobank Download and Use Agreement for
Media Entities (journalists, editors, media outlets).

Terms of Use

This License Agreement (Download) is entered into between the Marine Photobank ("MPB") and the undersigned person or entity ("Media User").

Marine Photobank is a project of SeaWeb, a nonprofit organization.

This agreement covers the free download (not sale) of an amateur item from the MPB library of images for use in marine conservation oriented newspaper, magazine, Internet or television news story.

While we seek to provide Images to the Media for communication purposes, we also seek to be sensitive to the livelihood of professional photographers. Therefore, in some cases, professional photographers or other designated entity's images may be subject to a fee, as specified in the “Copyright Statement” with a given image, and if requested, the Media User will need to contact the photographer and arrange any financial transaction directly. Review the copyright statement to determine if this applies.

Remaining MPB images are otherwise available royalty-free and can be used for multiple projects across a broad range of media over an unlimited period of time, but also require that you agree to the terms of the License Agreement below (pornographic, defamatory, libelous or otherwise unlawful use of any image is prohibited) by clicking on “I Accept” upon registration.

If space allows, we would appreciate if you could also cite the Marine Photobank in the credit. (e.g. "Marine Photobank image provide by XXXX, XXXXXXXXX "

When you use a photo, we would appreciate you notify us by sending an email to marinephotobank@seaweb.org.

License.

Marine Photobank hereby grants to Media User a limited, non-exclusive, revocable, paid-up, non-transferable, non-sublicensable license to Use (as defined below) solely for Awareness Purposes (as defined below), the text, graphics, images, content and other works (collectively, the "Images").

Media Users agree to the terms of this agreement, but also agree to follow instructions that may be outlined in the fields associated with an individual Image.

"Use" means reproduce, distribute, redistribute, perform, display (whether publicly or otherwise). Media User may alter, crop, manipulate and create derivative works of the Image. However no alteration of content to portray information different than the original material is permitted without permission.

Use for “Awareness Purposes” means illustrating print (newspaper, magazine) online articles, or television stories that discuss marine issues. At no time may User make any other commercial Use of any Image without the express written consent of the author of such Image. Users agree to do their best to provide a report and examples of products created with the Images.

It is the responsibility of the Media User to follow all copyright requests even when downloading low resolution thumbnails directly from the galleries.

Media use of professional photographers require the Media User to directly contact the Professional Photographer in order to arrange a financial transaction, if any, unless the Professional states otherwise in the ‘copyright’ and ‘additional comments’ fields of a given photo.

Media User agrees that use of any Image is at Media User's sole risk.

MPB reserves all rights not expressly granted to Media User in this Agreement.

The license contained in this Agreement will terminate automatically without notice from MPB if User fails to comply with any provision of this Agreement.

Indemnity.

User shall indemnify SeaWeb, MPB and their affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from User's use of any Image or User's violation of this agreement. This agreement will inure to the benefit of MPB's successors and assigns.

Limitation of Liability.

MPB shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of any Image, any loss or for the cost of procurement of substitute goods or services, including damages for loss of profits, use, data or other intangibles.

Entire Agreement; Governing Law.

This agreement constitutes the entire agreement between MPB and Media User concerning the subject matter hereof and supersedes all prior or contemporaneous discussions, communications and agreements, whether oral or written, between MPB and Media User relating to the subject matter hereof. No amendment or modification will be effective unless it is made in writing and signed by both parties. This agreement shall be governed by the laws of the District of Columbia except for conflicts of law principals thereof.