About the Journal
ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
4. You agree that you will not use NATUREMAR.COM's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or NATUREMAR.COM.
5. 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 NATUREMAR.COM Trademarks or the Trademark rights claimed by NATUREMAR.COM.
6. You agree that you will not use any NATUREMAR.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.
7. You may not at any time, adopt or use, without NATUREMAR.COM's prior written consent any word or mark which is similar to or likely to be confused with NATUREMAR.COM's Trademarks.
8. The look and feel of the NATUREMAR.COM website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of NATUREMAR.COM and may not be copied, imitated or used, in whole or in part, without the prior written consent of NATUREMAR.COM.
9. All other trademarks, product names, and company names or logos used or appearing on the NATUREMAR.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 NATUREMAR.COM, unless expressly so stated.
10. You may not use a NATUREMAR.COM trademark, logo, Image or other proprietary graphic of NATUREMAR.COM to link to the NATUREMAR.COM website without the prior written consent of NATUREMAR.COM.
11. You may not frame or hotlink to the NATUREMAR.COM website or any Image without the prior written consent of NATUREMAR.COM.
INFRINGEMENT CLAIMS / DMCA NOTICES
12. You agree that you shall not:
a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of NATUREMAR.COM or any third party.
c. Violate the rights of NATUREMAR.COM or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
USE OF CONTENT
13. Certain Content will only be made available to users who pay NATUREMAR.COM a fee for such Content and/or enter into a subscription agreement or other use agreement for that particular Content. Unless you enter into a subscription agreement with NATUREMAR.COM you may not download, distribute, display and/or copy any Content.
14. You may not remove any watermarks or copyright notices contained in the Content.
15. NATUREMAR.COM reserves the right to revoke this license at any time for any reason.
RESTRICTION AND TERMINATION OF USE
16. NATUREMAR.COM may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in NATUREMAR.COM's discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
17. IN THE EVENT THAT NATUREMAR.COM PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE NATUREMAR.COM WEBSITE, YOU SHOULD BE AWARE THAT NATUREMAR.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF NATUREMAR.COM, AND NATUREMAR.COM PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY NATUREMAR.COM.
WARRANTIES AND DISCLAIMERS
PERSONAL INFORMATION AND PRIVACY
GOVERNING LAW AND JURISDICTION
1. All Images on the NATUREMAR website are protected by Chile, and international copyright laws and treaties. NATUREMAR and/or the various artists who provide content and/or Images to NATUREMAR ("Submitters") own all rights, including the copyrights in and to the Images. NATUREMAR and/or its Submitters reserve all rights in and to the Images not expressly granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to NATUREMAR for your use of the Images. If you fail to make any payment to NATUREMAR when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and NATUREMAR), you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and NATUREMAR's costs of collection, bank charges and credit card processing fees are received by NATUREMAR no later than fifteen (15) days from the date that your account became delinquent.
2. By this Agreement, NATUREMAR grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:
- On web sites, provided that no Image is displayed at a resolution greater than 1600 x 1200 pixels;
- On books, academic publications and scientific magazines.
- As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;
- As prints, posters (i.e. a hardcopy) and other reproductions for decoration in a home, office, restaurant, public area, or store owned or rented by you or by a client for whom you render design services;
- As a hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration or resold;
- In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email - or linked from unsolicited email;
- On letterhead and business cards, pamphlets, brochures, catalogs and on pop up and/or panel displays for use in conventions and trade shows, without regard to the number of times an Image is reproduced, provided that the Image is not used as and does not function as a trademark, service mark or logo, or as an element thereof;
- In the artwork for the packaging of any product without regard to the number of times an Image is reproduced;
- Incorporated into software, including design or project templates, regardless of the size of the manufacturing or duplication run(s) of such software or the number of times such software is downloaded, provided that the Image or any digital files containing the Image cannot be unincorporated from the software or template;
- In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display, without regard to the size of the intended audience;
- In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, without regard to the size of the manufacturing or duplication run (including downloads);
- As CD or DVD cover art and/or artwork, without regard to the size of the manufacturing or duplication run (including downloads incorporating the artwork) of such CDs or DVDs;
- As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories, without regard to the size of the manufacturing or duplication run (including downloads);
- In eBooks, including multi seat license electronic textbooks, regardless of the size of the manufacturing or duplication run(s) of such software or the number of times such software or content is downloaded; and
- Incorporated into merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards, provided that such merchandise: a) combines words and an Image or Images; or b) the Image is not the primary factor driving the sale of such merchandise.
3. In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by NATUREMAR or its Submitter(s), subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
4. All rights in the Images not expressly granted herein are reserved by NATUREMAR for itself and its Submitters.
YOU MAY NOT:
5. Use an Image other than as specified in PART I.
6. Use an image in a manner permitted under the Enhanced License TOS if you did not download the Image as part of your Enhanced License subscription.
7. Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).
8. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.
9. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
10. Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 1200 x 1600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
11. Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
12. Use NATUREMAR Images in a manner that competes with NATUREMAR's business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, and/or offering NATUREMAR Images for sale or resale.
13. Withhold a credit attribution or fail to provide a copyright notice required by paragraph 33 of these TOS, except with an advance written waiver of that requirement from NATUREMAR in each instance. Each waiver issued by NATUREMAR will specify the Image number or numbers and the usage and is applicable only to the specified Image(s) and usage(s). Do not assume that you have or will receive a waiver for a proposed future use because you received a waiver in the past for a similar use.
14. Use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. NATUREMAR does not provide such permissions.
15. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services.
16. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.
17. Represent yourself as an agent, employee, designee, or affiliate of NATUREMAR for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
18. Stockpile, download, or otherwise store Images not used within twelve (12) months of the expiration of the subscription under which you downloaded the Image. If you fail to use an Image within such twelve (12) month period, you will lose all rights to use that Image.
19. Use automated programs, applets, bots or the like to access the NATUREMAR.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content of the website.
20. NATUREMAR shall be under no obligation to refund your subscription fee under any circumstances. However, in the event that NATUREMAR determines that you are entitled to a refund of all or part of your subscription fee, such refund shall only be made to the credit card account originally used by you to purchase your subscription. If your subscription was paid by check, your refund will be made by check.
21. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any NATUREMAR Image(s) please notify us via email at firstname.lastname@example.org.
22. If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the NATUREMAR Image number as well as the date or dates on which the Images were used. You shall deliver copies of such records to NATUREMAR at NATUREMAR's request.
23. You agree that you will not share your username and password combination. Your NATUREMAR username and password are to be used only by you. Each person that desires to access the NATUREMAR site must have his/her own username and password and must purchase a subscription. You may use your subscription on ONE COMPUTER at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information. Customized subscriptions with multiple points of access are available from NATUREMAR. Please contact support for details.
24. You agree to indemnify and hold NATUREMAR , its officers, employees, shareholders, directors, managers, members and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify NATUREMAR for all costs and expenses that NATUREMAR incurs in the event that you breach any of the terms of this or any other agreement with NATUREMAR.
25. NATUREMAR warrants and represents that:
- Unaltered Images downloaded and used in full compliance with these TOS and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties' rights of privacy or publicity;
- Unaltered Images do not and will not: (i) violate any US law, statute, ordinance, or regulation; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.
- While NATUREMAR makes commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, as well as the integrity of our Editorial Images, NATUREMAR makes no warranties and/or representations regarding such keywords, Image descriptions or integrity.
26.- Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with NATUREMAR, NATUREMAR shall defend, indemnify, and hold you harmless up to the "Limits of Liability" (as hereinafter defined). Such indemnification shall only apply to claims for damages directly attributable to NATUREMAR's breach of the foregoing warranties and representations, together with the expenses (including reasonable attorneys' fees), arising out of or directly connected to any actual or threatened lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of Images downloaded and used by you pursuant to these TOS violate NATUREMAR's warranties contained herein. This indemnification is conditioned upon you notifying NATUREMAR, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., NATUREMAR Image Number, a copy of the Image as used, name and contact information of person and/or entity making the claim, nature and date of alleged claim, copies of any correspondence received and/or sent in connection with the claim). The notification must send to Chimera Innova Group with, Vicuña Mackenna 10197, Las Siete Plazas 32, La Florida, Santiago de Chile. You agree to cooperate with NATUREMAR in the defense of any such claim and shall have the right to participate in any litigation at your own expense. NATUREMAR shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.
27. Notwithstanding any thing to the contrary contained herein, NATUREMAR shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.
28. This contract is governed by and shall be construed in accordance with the laws of Chile. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these TOS. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
29. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to NATUREMAR for any breaches of the terms of this agreement.
30. The number of Image downloads available to you is determined by the Subscription you purchase. For the purposes of this agreement, a day is defined as the twenty four (24) hour period beginning at the time your subscription is purchased. A month is defined as thirty (30) consecutive days beginning on and including the date that you purchase your subscription.
31. Credit Attributions and Copyright Notices
- Though NATUREMAR requires the following credit attributions and copyright notices, NATUREMAR may waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that NATUREMAR grant you a waiver of such requirements, please contact NATUREMAR Customer Support. No waiver of such requirements shall be effective unless confirmed in an email or other writing from NATUREMAR to you.
- You shall accord credit and provide a copyright attribution to the copyright holder and to NATUREMAR in connection with the use of any Image in a book, magazine, e-zine or newspaper. Such credit and attribution shall be in substantially the following form:
"Image Copyright Name of Artist, 2012 Used under license from NATUREMAR.com".
- Notwithstanding the foregoing, in the event that the Image is used in connection with merchandise, or a film, television broadcast, documentary or other video or multimedia project or presentation, you shall use reasonable commercial efforts to accord the copyright holder and NATUREMAR a credit as provided above. However, if no other copyright holders are accorded credit, only NATUREMAR shall be accorded a credit in substantially the following form:
"Image(s) used under license from NATUREMAR.com".
- All credits shall appear on the copyright page or in the copyright section of the work into which the Image is incorporated. If there is no copyright page or section, the notice and credit may be located anyplace on the work. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH NATUREMAR, NATUREMAR SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO NATUREMAR'S OTHER RIGHTS AT LAW AND/OR EQUITY. NATUREMAR SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF ANY SUCH BREACH OR BREACHES.
NATUREMAR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN PARAGRAPH 25 HEREOF, AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH AN IMAGE. EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
NATUREMAR GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.
NATUREMAR DOES NOT WARRANT THAT THE IMAGE(S), NATUREMAR WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 26 HEREOF, IN NO EVENT, SHALL NATUREMAR'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE NATUREMAR WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY NATUREMAR FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S). NEITHER NATUREMAR NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), NATUREMAR'S BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN, EVEN IF NATUREMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL NATUREMAR'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE NATUREMAR WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LIMITS OF LIABILITY.