Legal Agreement

TEXAS CONSERVATION MEDIA

Approved Organization Media License Agreement

This Agreement is between Texas Conservation Media (“TCM”) and the approved organization identified below (“Organization”).

Access to the Nature Archive is provided free of charge to organizations approved by TCM in support of conservation, education, research, and related mission-driven work.

1. License

TCM grants Organization a nonexclusive, worldwide, royalty-free license to use media lawfully downloaded through the Nature Archive (“Media”) for any lawful activity of Organization, including:

  • websites and social media;
  • advertising and fundraising;
  • publications and reports;
  • education and research;
  • presentations and exhibits;
  • press and outreach; and
  • other organizational communications or programs.

Organization may crop, resize, edit, add text or graphics, and incorporate Media into larger works.

Unless otherwise stated for particular Media, the license for lawfully downloaded Media is perpetual.

2. Organization-Only Use

The license belongs solely to Organization.

Organization may not:

  • sell or sublicense Media;
  • redistribute or provide Media as standalone files to another organization or person;
  • share archive login credentials outside Organization;
  • provide another organization access to the archive through Organization’s account;
  • use Media to create or contribute to another stock-photo, media, or image library;
  • claim ownership or copyright in Media; or
  • use Media to train unrelated commercial generative-AI models.

Organization may provide Media to printers, designers, advertising agencies, website developers, consultants, and other service providers only as necessary to perform work for Organization. Those parties receive no independent right to use or retain the Media for other purposes, and Organization is responsible for their compliance with this Agreement.

3. Attribution

Photographers retain ownership of their Media.

Photographer attribution is required whenever technically and reasonably feasible.

When credit information is provided, the preferred credit should be used.

4. No Fees

TCM provides access to the archive at no charge.

Organization may use Media in fundraising, advertising, revenue-generating events, publications, or other activities supporting Organization, but may not sell or commercially license the Media itself.

5. Responsible Use

Organization will not knowingly use Media:

  • unlawfully;
  • in a defamatory or intentionally misleading manner;
  • in a manner falsely suggesting that a photographer or depicted person endorses a product, organization, political position, or cause; or
  • outside any specific restriction clearly identified with the Media.

Organization is responsible for determining whether its particular use requires model releases, property releases, trademark permissions, or other third-party permissions.

TCM may remove or restrict Media from future use if legal, ethical, conservation, or rights-related concerns arise.

6. Downloads & Account Activity

TCM may record and retain information regarding:

  • Media downloaded;
  • download counts;
  • Organization users;
  • dates and times of downloads; and
  • other reasonable archive activity.

This information may be used to administer the archive, measure impact, report aggregate usage, protect contributors, and improve TCM’s services.

TCM will not sell Organization’s download history or confidential account information.

7. Access & Termination

Access to the Nature Archive is limited to organizations approved by TCM.

TCM may suspend or terminate Organization’s access for violation of this Agreement, misuse of the archive, loss of eligibility, security concerns, or other reasonable mission-related grounds.

Upon any termination of access to the Nature Archive, Organization must immediately cease all use of and delete all downloaded Media.

8. Disclaimer & Liability

Media is provided “as is.” TCM does not guarantee that every Media file is suitable for every particular use or that all third-party permissions have been obtained.

To the fullest extent permitted by law, TCM and contributing photographers are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from Organization’s use of the archive or Media.

Organization is responsible for claims arising from its use of Media outside the rights granted by this Agreement.

9. General

Organization may not transfer this Agreement to another organization without TCM’s written approval.

This Agreement is governed by Texas law and applicable federal law.

TCM may update reasonable operational rules for the archive, but material changes to the license governing Media already downloaded will not apply retroactively without Organization’s agreement.

This Agreement may be updated or replaced by new agreements or fee structures in the future to maintain platform access and support ongoing operations. Re-acknowledgment of updated terms may be required to continue downloading new content. However, no future terms, fees, or material contractual changes will retroactively revoke, restrict, or modify the perpetual license granted under Section 1 for Media lawfully downloaded prior to the effective date of such changes.

Checking the box on the sign-up form indicates acceptance of these terms and has the same legal effect as a physical signature to the extent permitted by applicable law.