1. Year of the Reef Image Bank

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

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

 

1. Terms & Conditions

Use of this website is subject to the following disclaimer and terms & conditions of use. Please read them carefully. The Ocean Agency reserves the right at any time to vary this disclaimer and these terms & conditions of use. You should therefore read this disclaimer and these terms & conditions of use each time you intend to use this website. Using or continuing to use this website will constitute acceptance of these terms & conditions of use and the terms of the disclaimer as varied from time to time.

All information made available at this website is intended to be of general use only and is not made available for any specific purpose. The information is made available as it appears and is without any term condition or warranty (express implied or otherwise) as to its accuracy or completeness or as to the absence of any errors or omissions or as to its suitability for use for any use or any particular purpose. Any such terms conditions warranties or otherwise are excluded to the extent permitted by law.

The Ocean Agency does not in the circumstances accept liability for any claim loss or damage that may result (directly or indirectly) from use of this website or use of the information made available at this website. The Ocean Agency reserves the right (at any time and without notice) to add to remove update or vary any of the information that is made available at this website.

The information made available at this website is not intended to and does not constitute an invitation or inducement to enter into any agreement in respect of any business product or service provided by The Ocean Agency (or any other company). In addition any business product or service mentioned at this website may be varied or discontinued at any time and without notice.

This website may contain hypertext-links to other party's websites. The Ocean Agency has not reviewed and does not accept any responsibility for any information (and does not endorse any business product or service) that may be found at other websites.

Unless otherwise stated The Ocean Agency owns the copyright in the information made available at this website. Any copyrighted material or any image or trademark are protected by law and may not be used or reproduced without the written permission of its owner. Unless otherwise stated you may reproduce information made available at this website for your personal use provided that any relevant copyright trademark or disclaimer or other notices are not removed. Unless specifically authorized all other use of copyrighted material or trademarks is prohibited.

To the extent that any part of this disclaimer or these terms & conditions of use is found to be invalid unlawful or unenforceable by any court of competent jurisdiction, then the relevant part shall be deemed to and shall be modified to the extent required to make it valid lawful or enforceable (or shall if necessary be severed from the remaining provisions) and all other provisions shall be unaffected and shall remain in full force and effect.


2. 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.

For more, visit http://www.marinephotobank.org/photocenter/usageterms.php#3


3.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.