The content on WildEarth’s site, including User Submissions, is made available under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC-SA 3.0) license. The full legal text of this license can be found at http://creativecommons.org/licenses/by-nc-sa/3.0/ . In summary the terms of the license mean that: You are free:
- to Share — to copy, distribute and transmit the work
- to Remix — to adapt the work
Under the following conditions:
- Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
- Noncommercial — You may not use this work for commercial purposes.
- Share Alike — If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.
With the understanding that:
- Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
- Public Domain — Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.
- Other Rights — In no way are any of the following rights affected by the license:
- Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
- The author’s moral rights;
- Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.
- Notice — For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.
Notification of Copyright Infringement
WildEarth respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, WildEarth will respond expeditiously to claims of copyright infringement committed using the WildEarth service that are reported to WildEarth’s Designated Copyright Agent identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the WildEarth service or website (the “Site”) by completing a DMCA Notice of Alleged Infringement and delivering it to WildEarth ‘s Designated Copyright Agent. Upon receipt of Notice as described below, WildEarth will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the WildEarth user’s account in appropriate circumstances. Please include the following information in the Notice of Alleged Infringement:
- Filed on behalf of which organization
- Identification of the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – a representative list of the copyrighted works that you claim have been infringed.
- Identification of the material or link you claim is infringing activity and that access to which is to be disabled, provide the URL of the link shown on the WildEarth site where such material may be found.
- A screen shot of the live material.
- The following statements:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Your full name(s)
- Your title
- Your company
- Your address
- Your contact telephone number
- Your contact e-mail address
Note that all the above items are mandatory and need to be included. After fully completing the DMCA Notice of Alleged Infringement, send it to WildEarth’s Designated Copyright Agent: Copyright Agent, c/o WildEarth Media (Pty) Ltd., P.O. Box 266, Parklands 2121, Johannesburg, South Africa or to firstname.lastname@example.org.
- Identification of the material that has been removed or to which access has been disabled on WildEarth service and the location at which the material appeared before it was removed or access to it was disabled:
- I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, telephone number and, if available, email address:
- I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which WildEarth may be found, and I will accept service of process from the complaining party who notified WildEarth of the alleged infringement or an agent of such person.
- Your physical or electronic signature (full legal name):____________________________
The Counter Notice should be delivered to WildEarth’s Designated Copyright Agent: Copyright Agent c/o WildEarth Media (Pty) Ltd. 1st floor, Illovo Muse, 198 Oxford St, Illovo, 2196, Johannesburg South Africa or to email@example.com.
Notification of Trademark Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide WildEarth’s Designated Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit WildEarth to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
- Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for WildEarth to determine without unreasonable effort that the IP has been infringed;
- Information reasonably sufficient to permit WildEarth to identify the use being challenged;
- A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
- A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.
Upon receipt of notice as described above, WildEarth will seek to confirm the existence of the IP on the Site, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Site. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a) or (b) then WildEarth may exercise its discretion not to remove the IP. If WildEarth decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
WildEarth Has No Obligation to Adjudicate IP Claims – User’s Agreement to Hold Us Harmless From Claims
Claimants and users must understand that WildEarth is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold WildEarth harmless from any resulting claims of infringement brought against WildEarth.