Terms and Conditions

By accessing or using Nature Showcase Media LLC (natureshowcasemedia.com) website (herein referred as “NSM,” “we,” or “our”), you (“you,” “user,” “our customer,” ”your,” “your company,” “your organization”) understand, and agree to (are competent to agree to) the current “Terms and Conditions,” and accept, our “Privacy Policy,” “Shipping and Handling Policy,” and “Cancellation, Returns, and Credit Policy.” Furthermore, we expect you to act in compliance with the applicable laws, restrictions, regulations, and be aware of our latest policies. Otherwise, please do not use our website.

Liability Disclaimer

You agree to comply with the “Terms and Conditions” and to indemnify, defend and hold Nature Showcase Media LLC, its respective officers and employees harmless from and against all: claims, allegations, demands, judgments, actions, causes of action, proceedings (threatened or pending), orders, costs, expenses (including out of pocket expenses), fees (including attorneys’ fees without limitation), liabilities, losses, damages (including damages arising from or relating to: your use of (or inability to use) Nature Showcase Media LLC website and its merchandise, any violation of “Terms and Conditions,” or violation of any rights of another), and subsequent to any award of damages. Furthermore, by placing an order with Nature Showcase Media LLC, you agree that our maximum liability is limited to the amount of the transaction relating to your specific purchase.

Nature Showcase Media LLC (natureshowcasemedia.com) website content is provided “as is,” and you may use it at “your own risk” on an “as available” basis. Neither Nature Showcase Media LLC (herein referred as “NSM,” “we,” or “our”) nor any of its employees make any representation, guarantee (including guarantee of longevity of our merchandise), condition or warranty (whether in writing, oral, or electronic form), express or implied, including the warranty of merchantability, quality or fitness for a particular use, non-infringement, or assume any liability or responsibility for the accuracy, completeness, reliability, or usefulness of NSM information or content. NSM shall not be liable or responsible for any damage [indirect, direct, special, punitive or enhanced, consequential, incidental, or resulting from: deletion of files or e-mail, omissions, errors, defects, mistakes, interruptions, viruses, transmission delays, any incompletely received communications or messages to or from us, theft and destruction of (or unauthorized access to) our records, damage and/or injuries to property and/or person(s) after our merchandise had been delivered, or damage sustained to our delivered merchandise due to customer or third party mishandling], loss of use, loss of data, tort (including but not limited to negligence), or loss of profits [that may occur due to any use or inability to use our merchandise or NSM website and its content (including use of our links to browse third-party websites)]. There is no warranty that our site or content is free from errors, viruses, or unwanted elements that may negatively impact your computer (or network). Even so, we are convinced that this risk is minimal. However, we are not responsible for any cost of servicing, correction or repair you may incur due to your use of our website, Additionally, please note that by choosing any one of the payment processors available on our website you acknowledge and agree that Nature Showcase Media LLC is not in any way responsible for the safety (such as data breach or theft) of your financial data while in payment processor’s custody and that you are solely taking the risk that may arise from your use of the payment-processor services. There is no guarantee that our delivered merchandise is free from unwanted elements (physical and biological) that may negatively affect your health. NSM shall not be liable or responsible for any of our customers’ injuries, health risks, or medical complications relating to purchase and use of our merchandise (e.g., injury due to sharp or fallen merchandise, exposure and sensitivity to substances related to degradation of our merchandise over time, accidental presence of bacteria or viruses, allergy to mold that may grow in a humid environment, etc.) that are associated with circumstances and conditions that are beyond our control.

User Conduct

You agree not to use NSM website in any manner that could interfere with any other party’s use, impair website security and/or functionality or to circumvent authorized access to any part of NSM website. You also agree not to send NSM any unsolicited e-mail, including advertising and/or promotions of any kind. If you send any proprietary information, you agree that Nature Showcase Media LLC can use any content sent with unrestricted license for any purpose (public or private). Furthermore, any hyperlink you may create to direct visitors to any NSM web page should only be in the text format as not to conflict with our copyright and/or trademark rights. Additionally, any such hyperlink(s) is(are) non-exclusive, revocable, and should not depict NSM, or its merchandise in a misleading, derogatory, false, or otherwise offensive manner.

All of our images that are available for sales as prints have been registered with United States Copyright Office by our photographer (author/claimant) currently doing business as (with all “Rights and Permissions” currently administered by) Nature Showcase Media LLC. Our copyright information is provided in the format: copyright symbol “©”, year of first publication, and author/claimant. Please note that the year of first publication may be later than the year the image was created. Additionally, we use a trademark registered with the United States Patent and Trademark Office to distinguish and protect our goods.

Any “Intellectual Property Rights” not expressly granted are reserved. If necessary, we will protect our “Intellectual Property Rights” to the fullest extent of the law. Please be aware that by using Nature Showcase Media LLC website (natureshowcasemedia.com), you acknowledge and agree NOT to: copy, download, upload, transmit, share, re-post (host) on another website, distribute, display via navigational technology (stream, mirroring, framing, inline linking), publicly display, sell NSM website content, create any NSM content-related database, sublicense, modify, remove any proprietary marks and/or notations, or duplicate any content (whole or in part) in any format (including printed copies) without (or in violation of) written permission (bearing an authorized signature) of the Nature Showcase Media LLC.

We use our trademark (both the Design Element and the Literal Element) with an adjacent “®” symbol for current trademark use in United States of America. Although our website-images may not clearly resolve copyright and trademark details at the scale (resolution) they are presented, they are scaled to be resolved (at~2x1 inches) in prints. Placement of copyright and trademark information varies with print type and print size; and it is generally embedded at the lower-right section of the image to be printed (see enlarged sample above; black background is not printed). We are required to use our trademark colors; however, for “©,” and ®” symbols and text we will use our own color discretion to allow for contrast with nearby image colors.

For use within USA, please expect our copyright and trademark information printed as part of an image on the front side of our color prints. More specifically, B&W photographs will show copyright information printed (in B&W or grayscale) on the front side, and if mounted, both copyright and trademark information (in color) on the backside of the mounting. Additionally, our copyright and trademark will also be displayed on the backside of the mounting of our limited-edition (color and B&W) photographs.

For international use, please expect our copyright information printed (in color, or B&W, or grayscale) as part of an image on the front side of our color prints. B&W photographs will show copyright information printed (in B&W or grayscale) on the front side of our prints. Should we become registered to use our trademark internationally (in your marketplace), please expect our copyright and trademark information printed as described in the preceding paragraph (“For use within USA…”).

Purchases

Regarding orders placed via NSM website; you agree to be financially responsible for all your purchases (including any applicable taxes, shipping, and fees) as well as those made by someone acting on your behalf, or for another person and/or a business you are legally permitted to represent with their personal (or business) financial information. Furthermore, you agree that all purchase transactions will be in USD (United States Dollars), the same currency we use to price our merchandise. Moreover, you must be over 18 years old, be able to legally enter into a binding contract, and agree that your purchase(s) is(are) for a legitimate purpose(s).

Blocking Users and Cancelling Orders

NSM reserves the right to block use of its website, and refuse or cancel order(s), without prior notice, and at its sole discretion, including without limitation, if we believe the user has violated “Terms and Conditions,” any laws, or to protect NSM interests (including product availability and pricing errors; even after the order has been submitted). For more details regarding cancelling order(s), please see “Cancellation, Returns, and Credit Policy."

Enforcement and Waiver of Terms and Conditions

Failure of NSM to enforce these “Terms and Conditions” in a timely manner, or if provision of this agreement is unenforceable, shall not constitute a waiver for user incompliance (if any) regarding the remaining “Terms and Conditions,” or after correction of any provision. A waiver of any of these “Terms and Conditions” is only effective if secured in writing and signed by NSM proprietor.

Changes to Terms and Conditions or any of our Policies

NSM reserves the right to change these terms, conditions, and policies at any time; and if so, changes shall be effective immediately without prior notice. It is the user’s responsibility to be familiar with our current “Terms and Conditions” and all of our policies as some details may change over time (see effective date below and at the end of each policy). If for an unforeseen reason our “Terms and Conditions“ or any of our policies are terminated, our previous dispute resolution(s), limitation of liabilities, and warranty disclaimers will survive.

Applicable Law and Disputes

This agreement shall be governed by the applicable laws of the United States of America and the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts shall not govern this Agreement for the International Sale of Goods. Any dispute, controversy, or claim arising out of or relating to this agreement (including its validity, existence, and termination) shall be submitted to confidential binding arbitration (using JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures) in Bakersfield, California, United States of America. No arbitration under this agreement shall be joined to an arbitration involving any other party(ies) subject to this agreement whether through class arbitration proceedings or otherwise. Moreover, with respect to discovery, the parties shall incorporate the terms of the California Code of Civil Procedure section 1283.05. Furthermore, all parties shall waive any claim to consequential, indirect, punitive, exemplary, or multiplied damages arising from or due to any dispute, controversy, or claim with Nature Showcase Media LLC, unless the statue used in legal action provides otherwise. However, to the extent our intellectual property rights were threatened or violated, we may seek injunctive or other relief in any state or federal court in California, United States of America, and you consent to exclusive jurisdiction and venue. If you have any concern or dispute, you agree to first try to resolve the issue(s) informally by contacting Nature Showcase Media LLC via our e-mail (please use “Contact Us” form displayed near the bottom of “Home” page).

Terms and Conditions-Effective Date

Last update, August 4, 2021