About the Photos
This online searchable website has approximately 15,000 photographs related to biology, nature and gardening. We specialize in photographing small animals and plants with over 200,000 images in our agency stock files. If you are looking for subjects [plants or animals] smaller than hedgehogs, we might have it. Until otherwise agreed, terms and conditions related to photo use is listed below.
Using the Site
You may begin your search by browsing through our established Categories and their Sub-Galleries. Click GALLERIES on the top toolbar. You can also start your search by typing in search words in the SEARCH section at the top of the page. Our gallery images and search results allow you to view individual images and download comp images for layout purposes or to email to clients or designers. You can also build a lightbox of favorite choices. Search hints and assistance can be found in the search utility.
You can contact us to receive a quote, to order photographs, or to request additional images to view for your projects. We have over 200,000 additional images in our stock library if you want to view additional choices. We know our stock files very well and can build you a private lightbox for any project you are working on. High resolution photos can be delivered by email or our download utility on this website. Please contact us by clicking the CONTACT option toolbar.
All photos are copyrighted (©) by the individual photographers - All Rights Reserved
Licensing Terms and Conditions Agreement
Until otherwise agreed, the following Terms and Conditions apply to your access and use of all material on our website or delivery to you by Dwight Kuhn Photography. These terms and conditions are based on standards in the industry.
Use of Images
“You” means the person or entity named as client. “Image” means any item that may be used for the purposes of reproduction [including digital images]. You agree to pay for the license of the images according to this license agreement and the terms of the invoice outlining the uses for the images. Unless otherwise agreed, the license is nonexclusive, non-sublicensable and non transferable. You assume full liability for your employees, agents, and freelance researchers for any loss, damage, or misuse of the images. If we agree that you can license the use to a third party, you shall enter into an agreement that ensures that any third party is bound by all the licensed terms and conditions. All other rights to the images, including copyright, are retained by Dwight Kuhn or other copyright individual.
Unless otherwise specified in writing, your reproduction of the images is limited to internal evaluation and comps or specific rights specified in Dwight Kuhn’s invoice. Any license granted is conditioned on you meeting all these conditions and receipt of full payment by you for such use as invoiced by Dwight Kuhn.
You may not re- use or reproduce in any way licensed images as reproductions of a printed page or pages [with surrounding text, photographs and other matter] without a new license.
You may not use our images for reference purpose nor may you alter or modify the images [except for standard color correction or cropping consistent with reproduction needs] without written consent with our invoice/license.
You may back up the images for internal production or creation of the licensed uses. Any backup must include the photographer’s name, image number and copyright information. Further uses must have a new license before the images are re-used.
Credit line to read © Dwight Kuhn along with any other Photographer listed with the photo. We reserve the right to charge a double fee for all uses, except advertising, when credit is not given. You agree to provide statutory copyright protection of the images by timely registration of the work you created or the work in which the images appear.
You must provide us on publication with at least one complimentary copy or relative pages of any published work where the images appeared.
Supply of Images
You acknowledge that transparencies and digital images are our valuable property. They are your responsibility from the time we dispatch them until we receive them back. All transparencies and hard copy electronic media [CD, DVD, etc] must be returned after use.
Submission is conditioned on return of all delivered items, undamaged and in the condition delivered. You agree that the return envelope does not provide adequate protection and agree to secure transparencies in plastic sleeves sandwiched securely between two pieces of sturdy cardboard. You assume insurer’s liability for such return, prepaid and fully insured by bonded messenger, air freight, or registered mail. You must enclose a delivery note detailing and totaling the returned images.
It is hereby agreed that reimbursement by you in case of loss or damage of transparencies included in this submission shall be a stipulated value of Fifteen Hundred Dollars [$1500.00] for each original transparency, or One Hundred Dollars [$100.00] for each duplicate image. If you find the lost image after reimbursement for loss, Dwight Kuhn will have the right to determine the terms and conditions for the disposition of the image. Payment for loss does not indicate a transfer of rights to the image.
You acquire only the rights specified and agree to return all transparencies by the sooner of (30) days after publication or (60) days after initial delivery date. We reserve the right to charge $5.00 per image per week for transparencies held beyond the return dates.
This License Does Not Include
You may NOT use any licensed images: In any unlawful or obscene manner; post the images online in a downloadable format or distribute the images in such a way that an end user may extract the images as a stand-alone file; display images on electronic distribution systems, including website pages, at greater than 72dpi; use or incorporate the images or any derivative work into a logo, trademark or service mark; or use an image featuring a model or property in any degrading, offensive or controversial way, or to imply the model personally uses or endorses a product.
You will indemnify and defend Dwight Kuhn Photography against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any images for which no model or property release was furnished by Dwight Kuhn Photography or any images which are altered by you. Unless furnished, no release exists. In any event, the liability limit to Dwight Kuhn Photography and the Photographer shall be the sum paid for reproduction rights to the image in question.
Dwight Kuhn may terminate this License at any time. Termination requires you to cease all use of the Images and to return all transparencies and hard copy electronic media. You must destroy all copies, backups, and archives of the images. This license will automatically terminate if you fail to comply with any of its terms.
You are responsible for all State, Federal, or other taxes that arise from your purchase and use of the images.
We reserve the right to change these terms and conditions regarding licensing of images without notice.
We shall not be liable for any loss or damage suffered by you or by any third party arising from the use or reproduction of any images or captions. You will indemnify us from any claims, damages, costs or expenses arising from any reproduction without a license. You must satisfy yourself that all necessary rights, model releases or consents required for reproduction have been obtained.
Time is of the essence for receipt of payment and return of images. No rights are granted until payment is made. Payment required within 30 days of invoice; 2% per month service charge on unpaid balance is applied thereafter. Adjustment of amount or terms must be requested within 10 days of invoice receipt.
Any dispute regarding this, including its validity, interpretation, performance or breach shall be arbitrated in Penobscot County, Maine under rules of the American Arbitration Association and the laws of the State of Maine. Judgment on the Arbitration Award may be entered in the highest Federal or State Court having jurisdiction. Any dispute involving $1500 or less may be submitted, without arbitration, to any Court having jurisdiction thereof. User shall pay all arbitration and Court costs, reasonable Attorney's fees plus legal interest on any award or judgment.
Until other terms are negotiated, this memo or subsequent invoice contains the complete and final agreement between you and Dwight Kuhn Photography. Holding or use of photographs waives your conditions and constitutes acceptance of the enclosed terms, hereby incorporating Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended No other waivers or specialized conditions are binding unless made in writing and signed by Dwight Kuhn Photography. You may not assign or transfer this agreement.
You hereby expressly consent to the jurisdiction of the Federal courts with respect to claims by Dwight Kuhn Photography under the Copyright Act of 1976, as amended.
The rights to the images are retained by Dwight Kuhn or other copyright individual.
Our website is hosted by Photoshelter.com. Please visit Photoshelter’s website (http://www.photoshelter.com/support/privacy) to review their privacy laws governing websites hosted by them.
All photos are copyrighted (©) by the individual photographers - All Rights Reserved.