Summary
Unless explicitly mentioned otherwise, John David Fawcett owns the exclusive copyright to all photographs and text appearing on the treetoes.com web site. No image is within the Public Domain, and furthermore, all images are registered with the US Copyright office. Any use of images outside of the guidelines outlined in this document shall be considered copyright infringement and will be dealt with accordingly.
PRIVATE USE is limited to: (a) personal, non-commercial or (b) sample, design, test, or layout use (“comp use”), can be done without permission. All other uses require written permission obtained through email. See the Contact page for contact information.
PUBLIC USE (diffusion by any means) for non-commercial purpose by individuals and all-volunteer organizations will likely be granted free permission, but approval is required. Free permissions always require proper attribution (including an active backlink if used on the Web), and no alterations.
ALL OTHER USE will need a licensing contract and payment. A special license is provided for image use in worship or meditation media presentations by non-profit religious/spiritual organizations, and use as classroom teaching materials.
PLEASE READ section A and the appropriate section B below for details BEFORE contacting me. If your email does not clearly indicate that you’ve read all the relevant sections of this document, I will just refer you to it before proceeding further. I also suggest that you read about my free use policy to understand the reasons for these Terms of Use.
A. Image uses that require a license
Sold, or used in any way in connection with any activity where payment is earned. This includes, but is not limited to: - use on behalf of any organization which has paid personnel (INCLUDING NON-PROFIT, religious, or government). - use in your professional work (for example internal presentations, newsletters, logo, stationary, cards, preaching materials, and teaching materials). - use for advertising, editorial or promotional purposes (including any fund raising activities and auctions). - use on a commercial, advertising or self-promotional web site. - use on a product that is sold, or contains paid advertising. The only exception is sample, design, test, or layout use (comp use), for the only purpose of evaluating how a finished piece would look. If you have particular concerns regarding image use, or wish to reproduce any of the images for professional or commercial purposes, please contact me. Note that licensing fees start at $180 (minimum fee generally applies only for small sizes and/or number of copies, or some web uses), and that no free licenses are granted solely in exchange for credits or links.
B. Image uses that do not require a commercial license
1. PRIVATE USE for personal, non-commercial purpose is free. Personal (and only personal) non-commercial, private use is encouraged and include: Screen saver or background image on your computer. Emailing a copy to a friend. Printing a few images from your printer. For something really nice to display on your wall, consider getting a photographic print. The above image usage DOES NOT REQUIRE written authorization and applies only for the low resolution images that can be downloaded directly from the site. Please note that these are for private use only. All other usage, including the distribution or reproduction of multiple copies, performance or otherwise use in a public way of the images or text REQUIRE written authorization.
2. PUBLIC USE for personal, non-commercial purpose requires permission. Permission will likely be granted for free for the following types of reproduction: Making derivative works such as paintings and drawing for personal or educational use. Limited diffusion in personal educational documents such as school reports and thesis (for student only). Displaying on a personal non-commercial web page (this excludes self-promotional web pages provided that you display next to the image:(a) copyright information and (b) an active HTML link to www.treetoes.com. A code like the following is appropriate: < a href=”http://www.treetoes.com” >photo by John David Fawcett/treetoes.com< /a >, all rights reserved. Please note that this is not sufficient to just post the image with the border containing the imprint “© copyright John David Fawcett/treetoes.com”. You must create a hyperlink to www.treetoes.com. However, you need to contact me for authorization with ID numbers of the image(s) you wish to use, the details of your project, or the address of your finished web page. Please be sure to read the section General Conditions.
3. PUBLIC USE for all-volunteer organizations requires permission. Please pay attention to the fact that “all-volunteer”and “non-profit” are NOT the same. If you are an all-volunteer organization with no paid staff or membership fee, and you provide only free services or information, you will likely qualify to use free image for: The organizationÌs brochure, newsletter or slide/Power Point presentation. Displaying on the organizationÌs web page, provided that you display next to the image: (a) copyright information and (b) an active link to www.treetoes.com. A code like the following is appropriate: < a href=”http://www.treetoes.com” >photo by John David Fawcett/treetoes.com< /a >, all rights reserved. All-volunteer organization image use REQUIRES written authorization and apply only for the dissemination of information. Free use will NOT be granted for fund raising activities, nor for ANY organization that has paid personel, or charges for services or membership. For consideration, contact me with the following information: Name, full address and background of the organization. Intended usage for the image(s). Address of the non-profit web site (if any). State explicitly that no one in your organization is paid. (Merely stating that they are not paid for the task for which image(s) are required is insufficient). Please be sure to read the section General Conditions.
4. GENERAL CONDITIONS for free image use. Grant. Free image use can only be obtained by emailing me. If you do not receive an answer, it probably means permission was not granted. Applicability. Free image usage applies ONLY for the low resolution images that can be downloaded directly from the site. No free PUBLIC usage will be granted for the high resolution images, and no high resolution images will be sent for free. Attribution. No free images or text may be used without carrying appropriate copyright information next to the images or text, acknowledging that the copyright to is owned by “John David Fawcett/treetoes.com”. No Alterations. All free images must accurately represent the original work and be used in their entirety. Tampering, additions, cropping, low quality reproduction, or other alterations and tranformations that would affect the integrity of the image are not permitted. This include removal of the “© John David Fawcett/treetoes.com” mark. Rights. The images or text of “John David Fawcett” which you obtain from any source are licensed to you by John David Fawcett for the limited purpose of personal, private use. In case of public use, any grant of rights is only for the specific use for which you were granted permission. Any other subsequent use requires a separate authorization. Further no license is granted in respect of any property rights. This does not mean that the title to the image was transferred to you. You own the medium on which the images or text are recorded, but John David Fawcett retains full and complete title to the images or text, and any intellectual property rights therein. John David Fawcett/treetoes.com reserves the right to make future changes to these guidelines. By using any “John David Fawcett” image you thereby consent to these guidelines and any future changes.
C. General terms of use of this website.
Links You are always encouraged to make a link to any of the web pages (html files) included in this site without any restriction. Prohibited Actions - Embedding images into a web page, that is have a direct (“hot”) link (img src) to any image (jpeg file). - Using programs to automatically download or spider large portions of the treetoes.com site for purposes other than indexing. - Framing of any of the treetoes.com web pages.
The “Copyright Notice and Terms of Use” have been developed by and are used with permission of Quang-Tuan Luong of terragalleria.com