Print this document Print this document


Animals and Earth - Terms and Privacy

Terms of Service

Updated as of October 7, 2009

1. Your Acceptance

  1. By using and/or visiting this website (collectively, including all content and functionality available through the AnimalsandEarth.com domain name, the "AnimalsandEarth Website", "AnimalsandEarth" or "Website"), you signify your agreement to (1) these terms and conditions ("Terms of Service") (2)AnimalsandEarth`s privacy notice (incorporated below) and the AnimalsandEarth`s Community Guidelines (also incorporated below). If you do not agree to any of these terms, the AnimalsandEarth privacy notice, or the Community Guidelines, please do not use the AnimalsandEarth Website.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. AnimalsandEarth may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. AnimalsandEarth Website

  1. These Terms of Service apply to all users of the AnimalsandEarth Website, including users who are also contributors of content, information, and other materials or services on the Website. The AnimalsandEarth Website includes all aspects of AnimalsandEarth, including but not limited to all products, software and services offered via the website such as the AnimalsandEarth embeddable photo widgets, the "AnimalDesktop" wallpaper screensaver manager, the AnimalsandEarth "Uploader" and other applications.
  2. The AnimalsandEarth Website may contain links to third party websites that are not owned or controlled by AnimalsandEarth. AnimalsandEarth has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AnimalsandEarth will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AnimalsandEarth from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the AnimalsandEarth Website to read the terms and conditions and privacy policy of each other website that you visit.

3. AnimalsandEarth Accounts

  1. In order to access some features of the Website, you will have to create a AnimalsandEarth Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AnimalsandEarth immediately of any breach of security or unauthorized use of your account.
  2. Although AnimalsandEarth will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AnimalsandEarth or others due to such unauthorized use.

4. General Use of the Website - Permissions and Restrictions

AnimalsandEarth hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without AnimalsandEarth`s prior written authorization.
  2. You agree not to alter or modify any part of the Website, including but not limited to AnimalsandEarth`s embeddable photo widgets, AnimalDesktop or any of its related technologies.
  3. You agree not to access User Submissions or AnimalsandEarth Content through any technology or means other than the display of pages of the Website itself, the AnimalsandEarth embeddable photo widgets, AnimalDesktop or other explicitly authorized means AnimalsandEarth may designate.
  4. You agree not to use the Website, including the AnimalsandEarth embeddable photo widgets for any commercial or institutional use, without the prior written authorization of AnimalsandEarth. Prohibited commercial uses include any of the following actions taken without AnimalsandEarth`s express approval:
  5. Prohibited commercial uses do not include:
  1. If you use the AnimalsandEarth embeddable photo widgets on your website, you may not modify, build upon, or block any portion of the embeddable photo widgets in any way.
  2. If you use content downloaded from AnimalsandEarth for use in the AnimalDesktop wallpaper screensaver application, such content may not be modified in any way and may not be used in any other software application.
  3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the AnimalsandEarth servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AnimalsandEarth grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AnimalsandEarth reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  4. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of ServiceAnimalsandEarth Community Guidelines and all applicable local, national, and international laws and regulations.
  5. AnimalsandEarth reserves the right to discontinue any aspect of the AnimalsandEarth Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the AnimalsandEarth Website.

  1. The content on the AnimalsandEarth Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to AnimalsandEarth, subject to copyright and other intellectual property rights under the law. Content and User Submissions on the Website are provided to you "as is" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You may  not copy or download any Content unless you see a "download" or similar link displayed by AnimalsandEarth on the AnimalsandEarth Website for that purpose. AnimalsandEarth reserves all rights not expressly granted in and to the Website and the Content.
  2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the AnimalsandEarth Website. You may  not copy or download any User Submission unless you see a "download" or similar link displayed by AnimalsandEarth on the AnimalsandEarth Website for that User Submission.
  3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the AnimalsandEarth Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the AnimalsandEarth Website or otherwise as prohibited under this Agreement.
  4. You may access AnimalsandEarth Content, User Submissions and other content only as permitted under this Agreement. AnimalsandEarth reserves all rights not expressly granted in and to the AnimalsandEarth Content and the AnimalsandEarth Website.
  5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
  6. You agree not to circumvent, disable or otherwise interfere with security-related features of the AnimalsandEarth Website or features that prevent or restrict use, copying or downloading of any Content or enforce limitations on use of the AnimalsandEarth Website or the Content therein.
  7. You understand that when using the AnimalsandEarth Website, you will be exposed to Content and User Submissions from a variety of sources, and that AnimalsandEarth is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and User Submissions. You further understand and acknowledge that you may be exposed to Content or User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AnimalsandEarth with respect thereto, and agree to indemnify and hold AnimalsandEarth, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct

  1. As an AnimalsandEarth Account holder you may submit content ("User Content") and textual content ("User Comments"). User Content and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, AnimalsandEarth does not guarantee any confidentiality with respect to any User Submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize AnimalsandEarth to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to AnimalsandEarth, you hereby grant AnimalsandEarth a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions solely in connection with the AnimalsandEarth Website and AnimalsandEarth`s (and its successors') business, including without limitation for promoting and redistributing part or all of the AnimalsandEarth Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AnimalsandEarth Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the AnimalsandEarth Website. You understand and agree, however, that AnimalsandEarth may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
  4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AnimalsandEarth all of the license rights granted herein.
  5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the AnimalsandEarth Community Guidelines, found below which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. AnimalsandEarth does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AnimalsandEarth expressly disclaims any and all liability in connection with User Submissions. AnimalsandEarth does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AnimalsandEarth will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. AnimalsandEarth reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

  1. AnimalsandEarth will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. AnimalsandEarth reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AnimalsandEarth may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

AnimalsandEarth`s designated Copyright Agent to receive notifications of claimed infringement is: Larry Minden, 558 Main Street, Watsonville, CA 95076  larry@mindenpictures.com . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AnimalsandEarth customer service through callrob@gmail.com You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

  1. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, AnimalsandEarth may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AnimalsandEarth`s sole discretion.

9. Warranty Disclaimer

You agree that your use of the AnimalsandEarth Website shall be at your sole risk. To the fullest extent permitted by law, AnimalsandEarth, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. AnimalsandEarth makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the AnimalsandEarth Website. AnimalsandEarth does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the AnimalsandEarth Website or any hyperlinked website or featured in any banner or other advertising, and AnimalsandEarth will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

10. Limitation of Liability

In no event shall AnimalsandEarth, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the AnimalsandEarth Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that AnimalsandEarth shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by AnimalsandEarth from its facilities in the United States of America. AnimalsandEarth makes no representations that the AnimalsandEarth Website is appropriate or available for use in other locations. Those who access or use the AnimalsandEarth Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless AnimalsandEarth, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the AnimalsandEarth Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the AnimalsandEarth Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AnimalsandEarth without restriction.

14. General

You agree that: (i) the AnimalsandEarth Website shall be deemed solely based in California; and (ii) the AnimalsandEarth Website shall be deemed a passive website that does not give rise to personal jurisdiction over AnimalsandEarth, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and AnimalsandEarth that arises in whole or in part from your use of the AnimalsandEarth Website shall be decided exclusively by a court of competent jurisdiction located in Santa Cruz County, California. These Terms of Service, together with the Privacy Notice below  and any other legal notices published by AnimalsandEarth on the Website, shall constitute the entire agreement between you and AnimalsandEarth concerning the AnimalsandEarth Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and AnimalsandEarth`s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. AnimalsandEarth reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the AnimalsandEarth Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and AnimalsandEarth agree that any cause of action arising out of or related to the AnimalsandEarth Website must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.


AnimalsandEarth Privacy Notice

Personal Information

Uses

Information That is Publicly Available

Your Choices

Advertising on AnimalsandEarth


AnimalsandEarth Community Guidelines

AnimalsandEarth is a rich visual toolbox of photographs of life on earth. The AnimalsandEarth Community is made up of photographers and those who appreciate viewing, using and learning from their images.

AnimalsandEarth is for photos, information and commentary related to animals and earth in a broad sense. We are interested in all species, their behavior and habitats, conservation issues affecting them and humanity`s relationship with the natural world.

AnimalsandEarth is not for photos of family and friends; it is not for endless pet pictures and zoo snaps and it is not for nudity, porn or violence.

Respecting copyright is of critical importance. Only upload photographs that you yourself have made or those you are authorized to post. This means don't upload content you didn't make without authorization to do so from the copyright holder 

Contribute. Any skilled photographer is welcome to contribute relevant images to AnimalsandEarth. Understand however that AnimalsandEarth maintains the highest standards of image quality. And whereas almost anyone who takes nature photography seriously may have some images of interest to the AnimalsandEarth Community, this is not intended as a dumping ground for technically or esthetically inferior content nor for high numbers of redundant imagery. We encourage new contributors to test the waters with their best images and expand from there. The Community will surely let you know where you stand.

Real photos. Animalsandearth is interested in depicting the real world. We are not interested in fake photography. Its no big deal if you want to clean up an image by digitally removing some minor visual noise, but we`re not interested in fabrications. Please spare us the birds nests with 137 eggs, the sky full of Passenger Pigeons or the close-up portrait of a Tyrannosaurus Rex. There are plenty of photography sites featuring such cyber dreams but we`re not one of them.

Inaccuracies.  If you find inaccuracies such as misidentified species, incorrectly mapped locations, or erroneous tags, please help us. Become a contributing member, flag the image and inform us of the problem.

Be responsible and show respect. We encourage comments, differing views, even healthy debate. But abuse, attacks, threats, harassment, intimidation, humiliation, invading privacy, revealing other people`s personal information, and inciting others to violate the Terms of Use are neither welcome nor allowed. Anyone caught doing these things may be permanently banned from AnimalsandEarth.

Everyone hates spam. Please don`t intentionally post misleading descriptions, bogus tags and titles or gratuitously long comments. They are a waste of everyone`s time. Don`t be hesitant to post an image having given it your best shot at identification and tags, but don`t just guess – it`s better to let community members help out.

We Enforce These Guidelines

AnimalsandEarth staff continuously review flagged content to determine whether they violate Community Guidelines. When they do, we remove them. Accounts will be penalized for Community Guidelines violations and serious or repeat violations can lead to account termination. If your account is terminated, you won`t be allowed to create any new accounts.

AnimalsandEarth is for the Global Community

Remember, this is your community! Each and every user of AnimalsandEarth makes the site what it is, so don't be afraid to become involved. Contribute photos, use them in your blogs, social networks or web pages, or just appreciate them on your desktop. It is our hope that all who participate in AnimalsandEarth will develop a greater affinity for wild animals and wild places.



Print this document Print this document