**Acceptance of Terms**
Please read these Terms of Use carefully before accessing or using the website, software, apps, and/or plug-ins made available by Nature-spy.com and its affiliates (individually and collectively, the "Site").
You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Nature-spy.com ("Nature-spy.com") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
Nature-spy.com may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of nature-spy.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
**Intellectual Property; Limited License to Users**
Subject to your compliance with these Terms of Use, any applicable license agreement with Nature-spy.com, and the law, you may access and use the Site. Nature-spy.com remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Nature-spy.com may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Nature-spy.com’s sole discretion. Nature-spy.com provides the Site on an "as is" and "as available" basis.
All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Nature-spy.com Content"), as well as the selection and arrangement of the Nature-spy.com Content, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. Any unauthorized use of any Nature-spy.com Content violates such laws and these Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Nature-spy.com, Nature-spy.com does not grant any express or implied permission to use the Site or any Nature-spy.com Content.
You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Site or any Nature-spy.com Content. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or Nature-spy.com Content.
Unless you enter into a license agreement with Nature-spy.com, you may not download, distribute, display and/or copy any Nature-spy.com Content. You may not remove any watermarks or copyright notices contained in the Nature-spy.com Content.
**Nature-spy.com Trademarks**
For the purposes of these Terms of Use, the term, "Trademark(s)," means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Nature-spy.com.
Nothing contained herein grants or shall be construed to grant you any rights to use any Nature-spy.com Trademark unless expressly conferred by these Terms of Use.
You agree that you will not use Nature-spy.com's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Nature-spy.com.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Nature-spy.com Trademarks or the Trademark rights claimed by Nature-spy.com.
You agree that you will not use any Nature-spy.com Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use
, without Nature-spy.com's prior written consent, any word or mark which is similar to or likely to be confused with Nature-spy.com's Trademarks.
The look and feel of the Nature-spy.com website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Nature-spy.com and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Nature-spy.com.
All other trademarks, product names, and company names or logos used or appearing on the Nature-spy.com website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Nature-spy.com, unless expressly so stated.
You may not use a Nature-spy.com trademark, logo, Image, or other proprietary graphic of Nature-spy.com to link to the Nature-spy.com website without the prior written consent of Nature-spy.com.
You may not frame or hotlink to the Nature-spy.com website or any Image without the prior written consent of Nature-spy.com.
**Information You Provide**
Nature-spy.com (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Nature-spy.com subject to your agreement with the applicable third-party platform. Nature-spy.com’s collection and use of all such information shall at all times conform to these Terms of Use, the Nature-spy.com Privacy Policy, and applicable law.
Nature-spy.com will use and protect your personal information, such as your name and address, in accordance with the Nature-spy.com Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
**Your Content**
For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) Nature-spy.com will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
By uploading Your Content, you grant Nature-spy.com a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
You may not upload, post, or
transmit any video, image, text, audio recording, or other content that:
- Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.
You may not use any Nature-spy.com Content for any purpose without first obtaining a license to use such Nature-spy.com Content. Any use of Nature-spy.com Content by you shall be governed by the applicable license agreement separately entered into between you and Nature-spy.com. Displaying and/or distributing to the public any watermarked or unlicensed Nature-spy.com Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
**Infringement Claims / DMCA Notices**
If you believe that any Image or other material made available by Nature-spy.com infringes upon any copyright that you own or control, you may notify Nature-spy.com in the manner set forth in our DMCA Copyright Infringement Notice Policy.
**Seller Responsibilities in the Event of Unlawful Material or Actions**
In the event a seller using Nature-spy.com's Site encounters or identifies any unlawful material, actions, or uses in connection with the Site, it is the sole responsibility of the seller to address and resolve such issues at their own expense. Sellers acknowledge and agree that they will not hold Nature-spy.com liable for any legal costs, fees, damages, or other expenses incurred in connection with such unlawful material, actions, or uses. Nature-spy.com is not responsible for, and expressly disclaims any liability arising from, any legal proceedings, costs, or fees related to such incidents involving sellers.
**Materials in the Free Section**
Please be aware that any material uploaded to the free section of the Nature-spy.com Site is provided "as is" and without warranties of any kind, either express or implied. Nature-spy.com does not represent or warrant that such materials are accurate, complete, reliable, current, or error-free. Nature-spy.com disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose, in relation to the free section materials.
Users should note that by uploading material to the free section, they acknowledge and agree that such material will not carry any warranties or limitations regarding its use by end users. Nature-spy.com shall not be liable for any claims, damages, losses, or liabilities arising from the use, misuse, or reliance on materials uploaded to the free section by other users.
**Financial Transactions via PayPal**
**Use of PayPal for Transactions**
Nature-spy.com utilizes PayPal for processing all financial transactions, including but not limited to payments and withdrawals. By using Nature-spy.com’s Site and engaging in financial transactions, users agree to conduct these transactions exclusively through PayPal.
**Agreement to PayPal's User Agreements**
By choosing to engage in financial transactions on the Nature-spy.com Site, users are also agreeing to comply with PayPal's User Agreement and other related service agreements. It is the user's responsibility to review and understand PayPal's terms and conditions, as their financial transactions on the Nature-spy.com Site are subject to these agreements.
**PayPal Account Requirement**
Users must have a valid PayPal account to conduct financial transactions on the Nature-spy.com Site. It is the responsibility of the user to ensure their PayPal account is in good standing and capable of receiving and making payments as required.
**Transaction Processing**
Nature-spy.com is not responsible for the processing of transactions by PayPal. Users should familiarize themselves with PayPal’s terms of service, processing times, and any fees that may be incurred as part of conducting transactions.
**Disputes and Resolution**
Any disputes or issues arising from financial transactions conducted through PayPal must be resolved directly with PayPal. Nature-spy.com is not responsible for mediating disputes between users and PayPal, nor will Nature-spy.com be liable for any losses or damages incurred as a result of such disputes.
**Indemnification**
You agree to defend, indemnify, and hold harmless Nature-spy.com, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Nature-spy.com Content, or your violation of any rights of another. This indemnification obligation includes any legal costs and fees arising from the actions of sellers as described in the "Seller Responsibilities in the Event of Unlawful Material or
Actions" section.
**Warranties and Disclaimers**
Your use of the Site is at your own risk. The Site is provided by Nature-spy.com under these terms of use "as is" without warranty of any kind, either express, implied, statutory, or otherwise. Nature-spy.com expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Nature-spy.com makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services, or materials will be corrected. Nature-spy.com makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Nature-spy.com will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
