Terms and Conditions of Use

Ownership:

 Livingearth.com and Earthimaging.com are privately held US company (referred to as "LE" "EI" "we," and "ours").  All content included on our website, including, but not limited to, photographs, illustrations, images, graphics, text, video, audio, animation's and software (referred to as "Content") is owned by LE and/or  EI , its licensors and its content providers. 

 All Content is protected by International copyright laws and US.  The copyrights to the content  of this website are owned by EI and/or licensors or content providers. The content of  this website may only be used  as outlined under "Use of Content" below. 

Use of Content:

 This is a legal agreement between you  the end user, and LE or EI.  By the continuation of use you agree to be bound by the terms of this agreement.  If you do not accept or agree with the theses terms discontinue use immediately. 

 If you are entering into this agreement on behalf of your employer, the license granted and restrictions recited herein apply to your employer as well as to you as a representative of your employer.  Should you discontinue your employment, your employer may continue the use of content under this agreement.

 LE and EI grant you a non-exclusive, worldwide and perpetual license to reproduce, copy, modify  or incorporate  the content contained on the website and/or distributed on CD ROM  for  use in (i) Advertising, Promotional Materials, Product Packaging, (ii) On-line or other Electronic distribution including web page design is limited to display only (see below for limitations) , (iii) Broadcast and Video,  (iv) Publications (print or electronic), (v) Comps, Layouts, Graphic Design Story Boards, Samples and Tests.  The content licensed must be used as  an added value product for your business, for your direct clients business or for personal use.

 The content may not  be sold, sublicensed,  packaged or distributed through any medium, print, digital or electronic,  in the form of clip art, digital or print stock  photography (2D or 3D) and  stock animation's.

 The content may not   be used by you (or allow anyone else to use)  in any form pornography, or in any other manner, which is in any way embarrassing, or defamatory to any person or business entity, the determination of which is left to the sole discretion of LE and EI.

  You may not  use the content in any manner that is not permitted in this  agreement. LE and  EI understands the license has minimal restrictions  and would encourage any third party to contact LE or EI (contact@livingearth.com) prior to the use of any content should there be questions as to the content license.

Privacy Policy:

 LE and EI respects your rights to  privacy while using our website. Information provided is optional.  LE and EI will guaranty any information provided will be used for the purpose of business  and will be  confidential at  all times.  By providing this information you agree LE and EI may use the information to complete the transactions you requested through this website and you agree this information may be provided to  disclose that information and details of the transaction to all necessary agents to fulfill the transaction, which may include but is not limited to affiliates, subsidiaries and necessary processing processors.  Such data may be passed electronically through any country.

Disclaimers:

 This website and it's content are provided "as is".   LE and EI excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchant ability, satisfactory quality or fitness for a particular purpose.   Although we use our best efforts LE and EI makes no warranties or representations regarding the accuracy or completeness of the content.   You, not  LE or EI, licensors, and/or content providers, assume the entire responsibility, cost, repair or correction due to the use of this website. 

 Except as specifically stated in these Terms & Conditions of Use, the Privacy Policy or elsewhere on this website, or otherwise required by applicable law, neither LE or EI nor their directors, employees, partners, licensors, content providers, affiliates or other representatives will be liable for damages of any kind arising out of your use of, your inability to use, or the performance of this website or the Content whether or not it has been advised of the possibility of such damages.

Governing Law and Arbitration:

 The laws of the State of Montana govern this Agreement.  By using this website, you are consenting to jurisdiction and venue in Ravalli County, Montana.  All disputes other than those involving copyright infringement, whether raised by EI or you, the user, shall be submitted to the court proceedings to be held in Ravalli County, Montana and to be conducted in accordance with the court system either by the sitting Judge or by Jury.  Any copyright claims shall be brought in Federal District Court in Missoula, Montana whenever possible.  Otherwise, copyright claims must be addressed in the Federal Court having jurisdiction.

             If you breach this Agreement and LE and/or EI elects to pursue a claim against you through litigation, you hereby agree to pay the entirety of LE and/or EI   legal fees and costs associated with said claim if  LE and/or EI prevails on any part of the claim.

Questions:

 If you have any questions regarding this Agreement   Please contact us by email at contact@livingearth.com.