Legal

Admin

Responsibility

My name is Nathan Loveland.  I am the owner of Nathan's Nature photoblog website and except as specifically indicated otherwise, the sole creator of its content.  Further, this website is not in any way affiliated with nor supported by any other individual or organization and, except for the software used to create or present the website (e.g., jAlbum), everything on this site is the product of my efforts.

Comments & Suggestions

I welcome comments and suggestions for improvement, especially those that can help me be a better photographer.  I am utterly uninterested, however, in debating the merits of one camera or software maker over another, one image format vice another, the morality of digital image manipulation, and so on.  I am also unreceptive to unsolicited sales pitches, especially those disguised as comments or suggestions.

Complaints

I will seriously consider complaints about anything on this website, but only in direct proportion to the accuracy, seriousness, legitimacy, and civility of the complaint.  In the case of factual error, copyright violation, violations of the law, or potential endangerment to another person, I will take the appropriate action as soon as I am made aware of and can verify the facts.

Legal (Definitions & Terms of Use)

DEFINITIONS

The following terms and definitions apply to the Nathan's Nature photoblog website with regards to these Terms of Use:

• Website or Site.  The electronic files, documents, images, and all other materials that make up a discrete publication or amalgamation of digital content that is available or accessible via the World Wide Web (Internet).
• Content.  Any information, writings, images, or other work of any kind that is seen, heard, or in any other way perceived or experienced by a website Visitor, including all of the program code, images, and text related to the design and display of that website.
• Nathan's Nature.  This photoblog website and all of its content (regardless of the format or media in which it is viewed, displayed, or preserved).
• Visitor
  1.  Any person who navigates to this website using any kind of network communication protocol or internet client (e.g., a browser like Internet Explorer), or who obtains content from this website using ‘foraging’ or ‘harvesting’ tools (e.g., Facebook, Instagram, or Pinterest, or an RSS reader like Google reader); and
  2.  Any software program or other non-human entity or construct that navigates to this website using any kind of network communication protocol, or that obtains content from this website from any kind of ‘foraging’ or ‘harvesting’ application (e.g., a 'spider', a 'bot,' or an AI construct).
• Owned Content.  Any content created or owned by me.
• Original Content.  Any content made available on this website or elsewhere that was not previously published or posted elsewhere in any form; such content may be owned by me or provided by the owner with permission to post on this website or elsewhere.
• Non-Original Content.  Content that has been previously published or posted elsewhere.
• Publish or Post.  To make content available on this website or elsewhere.
• Re-post.  To make previously published content available on this website or elsewhere.
• Terms of Use.  The rules and conditions delineated below that all Visitors to this site agree to abide by.

TERMS OF USE

Nathan's Nature website (also referred to herein as NSN) and any other affiliated websites (also referred to herein as Sites) provide online access to images created by and information about NSN's owner.  This website is intended for use only by natural or legal persons, or registered legal entities.  Access to and use of this website is without exception subject to the conditions and requirements described in this and the following paragraphs, in accordance with the definitions above.  BY VIEWING ANY NSN CONTENT, VISITORS TO THIS WEBSITE TACITLY AGREE TO ABIDE BY THESE TERMS OF USE, BOTH NOW AND AS THEY MAY BE AMENDED FROM TIME TO TIME.  THERE ARE NO EXCEPTIONS, REMEDIES, OR EXCLUSIONS TO THESE TERMS OF USE EXCEPT AS DELINEATED HEREIN.  Under no circumstances shall any item published, reposted, or otherwise presented on this website or in any other venue in any way supersede, limit, or invalidate these Terms of Use, which may only be amended by publication on this website, on this page, under the Terms of Use heading.  If you do not agree to these Terms of Use, you may not use this website.

Use of This Site

Visitors agree to use this website or its content only for lawful purposes.  Content is provided solely to promote the interests the Nathan's Nature website owner.  No right, title, or interest in any content is transferred to any Visitor, whether as a result of downloading such content or otherwise.  Except as expressly authorized by these Terms of Use or U.S. law, a Visitor may not use, modify, copy, distribute, transmit, or derive another work from any content obtained from this website.  A Visitor also may not take any action that could compromise the security of this website, render it inaccessible to other users, or otherwise damage this website or its content.

Limits of Liability & Exclusive Defense

No person affiliated with this website now or in the future shall in any way be liable to any Visitor nor to any other party for any damages resulting from or arising from the use of material published or presented hereon.  Visitors agree to indemnify and hold blameless the NSN owner and his assigns against or for all losses, expenses, damages, and costs, including attorneys’ fees resulting from a violation of any term of these Terms of Use.  The NSN owner reserves the right to assume the exclusive defense of any claim for which the NSN owner may be entitled to indemnification under this paragraph, in support of which, Visitors also agree to cooperate to a reasonable extent if asked to do so.

Insofar as possible, information on NSN and affiliated Sites is current and is correct, but all information is nonetheless provided "as is."  No representations or warranties of any kind are given about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or graphics contained on any website.  To the fullest extent permissible under applicable law pertaining to NSN, the NSN owner disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  Additionally, the NSN owner accepts no responsibility for and will not be liable for any website being unavailable because of technical problems, maintenance, or other reasons, and further does not warrant that the function of any website will be uninterrupted or error-free, that defects will be corrected, or that a Site or server on which the Site resides is free of viruses or other malware.

In no event will the NSN owner be liable for any loss or damage including without limitation any direct, indirect, incidental, consequential, special or exemplary loss or damage, or any loss or damage whatsoever arising from the use of or inability to use NSN.  The same applies to any transaction conducted through or facilitated by any website; any claim arising from errors, omissions, or inaccuracies on the Site; unauthorized access to or alteration of data or transmissions; or any loss of data or profits arising out of, or in connection with, the use of any Site.

In sum, if a Visitor is dissatisfied with NSN or any affiliated Site for any reason, the sole and exclusive remedy is to stop using the Site.

Hyperlinks

NSN contains hypertext links or references to other websites.  To some extent, but solely for esthetic and design reasons, hypertext links on NSN are labeled or organized in a way that alerts Visitors to the general nature of the content of the referred-to site; however, such links are included on NSN solely for the convenience of NSN Visitors, on an as-is basis, without express or implied warranties.  The NSN owner accepts no responsibility whatsoever for problems associated with link labeling, nor for the suitability, content, availability, or privacy policies of websites found at those links.

Copyright, Trademark, & Intellectual Property

Unless otherwise indicated, copyright for every written or graphical item on the NSN website belongs to the NSN owner, and ALL RIGHTS ARE RESERVED.  NO RIGHTS ARE WAIVED OR ABROGATED AND NO ONE EXCEPT THE NSN OWNER OR HIS ASSIGNS MAY CONVEY ANY RIGHT TO ANY ITEM DISPLAYED OR REFERRED TO ON THIS SITE.  Further, the names ‘Nathan's Nature,’ the Nathan's Nature logo, and all other NSN-related images, names, and logos are herein declared to be unregistered Trademarks or Service-marks belonging to the NSN owner.  All other product and service names mentioned on this website are the trademarks of their respective owners, whether marked or not marked.

The display of any image on this website does NOT convey any rights of any kind to anyone, and does not place that image in the public domain.  Additionally, NO NSN-OWNED IMAGE OR PORTION OF ANY NSN-OWNED IMAGE DISPLAYED ON THIS OR ANY OTHER WEBSITE MAY BE COPIED TO, DISPLAYED, OR PRINTED ON ANY PHYSICAL MEDIUM, OR REPOSTED OR HOTLINKED-TO ON ANY COMMERCIAL, PRIVATE, OR PUBLIC WEBSITE WITHOUT THE NSN OWNER'S EXPRESS WRITTEN PERMISSION.  SUSPECTED COPYRIGHT VIOLATIONS WILL BE REPORTED TO THE APPROPRIATE U.S. AUTHORITY AND PAYMENT FOR USE AND/OR DAMAGES WILL BE SOUGHT.

Specifically, unless otherwise indicated, WITHOUT THE NSN OWNER'S EXPRESS WRITTEN PERMISSION, NO CONTENT FROM NSN OR AN AFFILIATED SITE MAY BE COPIED, ALTERED, DISTRIBUTED, OR COMMERCIALLY EXPLOITED; NOR MAY IT BE STORED ON OR TRANSMITTED IN ANY FORMAT FOR STORAGE ON ANY KIND OF ELECTRONIC RETRIEVAL SYSTEM.

If written permission is given by the NSN owner to repost or use any copyrighted material, the editorial and artistic integrity must be preserved when reprinting or redistributing that material, within any limits set by the copyright owner.  In simple terms, if any NSN item or excerpt is used, it must not be edited or presented in such a way as to alter the message or original intent, misrepresent the facts or opinions expressed in the original item, or in any way be detrimental to the personal or commercial reputation or affairs of the NSN owner.

A PERSONAL NOTE ABOUT 'FAIR USE':  I support fair use of intellectual property for education and legitimate journalistic purposes; however, I am keenly opposed to the misuse of intellectual property under the guise of 'fair use' by people who believe (or claim to believe) that if a copyrighted work is not being used for commercial purposes, or that if they acknowledge the copyright owner, they have the right to do as they please with the material.  U.S. Fair Use law is surprisingly restrictive, but admittedly the legal code (17 USC §107) is not always clear.  Because of this, your best legal protection is to get permission from me before using my copyrighted material because simply acknowledging the source of the copyrighted material does not substitute for obtaining permission.  I will absolutely seek payment and possibly damages for any use of my owned content for any purpose by anyone who has not first obtained my written permission, so if you are not positive your use of my work is covered by U.S. Fair Use law, you really should ask me first.

Copyright & Use of Materials Not Owned by NSN

The NSN owner respects others' copyright ownership, and Visitors to this site tacitly agree to do so as well.  The NSN owner cannot grant permission to copy, distribute, display, or otherwise use any material on this site that is owned by others.  ONLY THE PERSON OR AGENCY HOLDING COPYRIGHT CAN GRANT PERMISSION TO USE AN ITEM.

Insofar as possible, care has been taken to ensure that all content used on this site is legally available for use and is properly attributed.  Mistakes do sometimes happen, however; therefore, if any person believes a copyrighted work has been incorrectly or illegally reproduced on NSN or affiliated Sites and wants that work removed or properly credited, that person need only send an e-mail or letter via postal mail that contains verifiable proof of copyright ownership.  A response of some kind will be given as soon as possible thereafter, and in every case, either the item will be removed or properly attributed, or an explanation of disagreement will be sent.  Vile or threatening messages will be recorded and ignored, or referred to legal authorities if appropriate.

Publication of Works by Others

Occasionally, material created and offered by a lawful copyright holder for publication on this site may be published, posted, or re-posted.  A person may offer or ask to have something published on NSN, but the NSN owner is the sole arbiter regarding the publication of any item.  Anything for which permission to post on NSN is given and later withdrawn will be removed as soon as instructions from the owner are received.

Unsolicited Items Sent to NSN

Without exception, any unsolicited item sent to NSN—regardless of its format or medium—will be accepted with the understanding that unless otherwise agreed to in writing, that item or any part of that item may be used on this website or anywhere else, in any context, for any legal purpose, without restriction and without the need for acknowledgement or any additional communication, to the fullest extent of the law.  It is also understood and expected by the NSN owner that any person who provides such items has the legal right to do so, and that doing so does not violate applicable laws or the rights of any individual or entity.  ONLY THE NSN OWNER MAY ACCEPT LIABILITY OR FINANCIAL RESPONSIBILITY FOR ANYTHING SENT TO NSN AND NO COMPENSATION OF ANY KIND WILL BE OFFERED OR GIVEN UNLESS AGREED TO IN WRITING BEFORE THE ITEM IS SENT.

Privacy

No confidential or proprietary information about Visitors is collected by NSN or affiliated Sites, and Visitors warrant and guarantee that any material, information, or data they send via, or in connection with, the Sites is non-confidential and non-proprietary.  That notwithstanding, all information sent to or obtained by the Sites' owner will be handled, insofar as possible, in accordance with best practices related to Personally Identifiable Information (as defined in the U.S. Privacy Act of 1974), and will not be shared, sold, or otherwise made available to any third party, except in conformance with U.S. Law and with the permission of the person the information pertains to.

Jurisdiction & Applicable Law

NSN and its affiliated Sites are intended for use by Visitors physically present in the United States and its Territories, and may not, therefore, adhere to laws or specifications enacted or enforced outside U.S. jurisdiction that pertain to internet use, websites, or publications; moreover, the NSN owner does not recognize any foreign or international law affecting or regulating NSN, except to the extent that such laws are consistent with the laws of the U.S.  IF ANYTHING ABOUT NSN OR ITS AFFILIATED SITES VIOLATES ANY LAW OF ANY OTHER COUNTRY, VISITORS FROM OR IN THAT COUNTRY MUST EXIT THE OFFENDING SITE AND CLEAR THEIR BROWSER CACHE TO REMOVE ALL ILLEGAL CONTENT FROM THEIR DEVICE.  The NSN owner accepts no responsibility whatsoever for violations of another nation's laws by Visitors from or in that nation.

Any legal claim pertaining to this website, its content, or its use is subject to the interpretation of the laws of the United States of America, and more specifically, to the laws of the State of Texas, without regard to conflicts-of-laws principles, and are moreover specifically not governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable.  By viewing or navigating this website Visitors agree that jurisdiction over, and venue in, any legal proceeding directly or indirectly arising out of or relating to the use of this website or to these terms must be in the State or Federal courts located in the State of Texas, and they hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Texas for any such legal proceeding.

Severability

These Terms of Use constitute the entire agreement between all parties with respect to this website.  If any part or provision of these Terms of Use are hereafter deemed by a legitimate, competent U.S. authority to be unlawful, void, or for any reason unenforceable, that part or provision shall be deemed severable from these Terms of Use, without affect upon the validity or enforceability of any remaining part or provision.  All remaining portions of these Terms of Use shall remain in full force and effect.

Changes

The NSN owner reserves without qualification the right to change, suspend, or discontinue any part of this website, including these Terms of Use, without prior announcement, at any time, for any reason.

Last Updated: 3 Aug 2024