WELCOME TO MY WEBSITE OF IMAGES OF WILDLIFE, GRAND LANDSCAPES, AND INTIMATE VIEWS OF THE NATURAL WORLD.
I am a full time professional photographer specializing in wildlife, landscape and nature with over 80,000 6x7, 6x4.5 and 35mm film and digital images. My wildlife image files include extensive coverage of many venomous snake species, poison arrow frogs, African lions, Siberian and Bengal tigers, various other wild cats, wolves, raptors, songbirds, dragonflies, damselflies and many other insect, reptile, bird and mammal species. My landscape and intimate scenic image files include coverage of the western and southwestern U.S., northern Canada and Venezuela. I have been capturing evocative images of the natural world for over 25 years, producing the highest quality images for publication. My images often capture unique behavioral characteristics of wildlife or special lighting or weather conditions of landscapes. I answer all image license requests promptly and professionally. Submissions are tightly edited and always request specific. I would appreciate the opportunity to work with you on your image needs.
I have over 10,000 images on this site that are key word searchable, by location for landscape subjects, and by common and Latin names and location for wildlife subjects.
Rights Managed Image Licensing A Rights Managed Image License may be purchased directly from this site using the "Buy Rights Managed Image License" Button on any Image Display Page. Click on any image in one of my galleries and it will be displayed with the "Buy Rights Managed Image License" Button. Simply fill in the information and an immediate quote will be provided. Please see my Rights Managed Image License Agreement below which is applicable to images licensed directly from this web site. Payment using this feature is via PayPal.
Please reference the nine or ten digit image ID # in the image title in any correspondence.
My Images Have Appeared in the Following Publications
Magazines: National Geographic Adventure, Kids, Explorer and Travel; National Wildlife's Ranger Rick and Your Big Backyard; Nature's Best; Outdoor Photographer; Birds&Blooms; BirdWatching; Living Bird; Natural History and Sojourns
Calendars/Notecards: Audubon; Barnes & Noble; COMDA; Inner Reflections; National Wildlife; Northword Press; Palm Press; PlanetZoo; Pomegranate Communications; Sierra; World Wildlife Fund
Books: National Geographic; Capstone; Farcountry Press; Grand Canyon Association; Prentice Hall; Voyageurs' Press; Cowles Creative; Holt Reinhart; Houghton Mifflin; Prentice Hall; Trident Press; Rio Nuevo Publications; Tyndale House
I have been fortunate to win numerous first place and honorable mention awards in BBC Wildlife Photographer of the Year, National Wildlife and Nature's Best photo contests.
I am a charter member of The North American Nature Photographers Association.
I am represented by Animals Animals/Earth Scenes, Jaynes Gallery, Nature Picture Library and World Panorama stock agencies.
Recent Books and Published Articles
I am the featured photographer in A Texas Wildlife Portfolio from FarCountry Press.
Please check out and preview my latest coffee table book Sanctuary which tells the stories of many exotic and native wildlife rescue animals through words and images.
I also write photo/text articles for magazines. You can view one of my recent magazine photo/text article in Outdoor Photographer on "Capturing Little Details or Macro Elements While Photographing Grand Landscapes".
Images on This Website
I have over 10,000 keyword searchable wildlife, nature, landscape and macro images on this e-commerce website.
Fine Art Prints
Approximately 1,000 of my images are available as fine art prints on my Fine Art Prints web site.
You can also click on the Fine Art Prints tab on my Homepage of this web site to view the details of my Fine Art Print offerings and see a slideshow of some of the prints available.
Cannot find the images you need?
Please Contact Me. I have extensive files and would be happy to assist you.
IMAGE LICENSE AGREEMENT FOR IMAGES LICENSED DIRECTLY FROM THIS SITE
RIGHTS MANAGED IMAGE LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN THE "LICENSEE" AND THE "LICENSOR" (AS DEFINED BELOW). THIS AGREEMENT APPLIES TO CERTAIN LICENSES ISSUED FOR IMAGES LICENSED DIRECTLY FROM MY STRIKINGNATUREIMAGESBYDAVEWELLING.COM WEBSITE (THE "SITE"), AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL (THE "AGREEMENT").
1. Definitions. In this Agreement the following definitions apply:
1.1 "Invoice" means the computer-generated or pre-printed document provided by or through the Site that may include, without limitation, names of the Licensor and Licensee, the permitted use of the Licensed Material and the corresponding price for such License.
1.2 "Licensed Material" means any still image, visual representation generated optically, electronically, digitally or by any other means, including negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by Licensor under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and to the Licensed Material taken as a whole.
1.3 "Licensee" means the person or entity set forth in the applicable Invoice as the "licensee" and receiving the rights to the Licensed Materials as specified hereunder.
1.4 "Licensor" means the person or entity set forth on the Invoice as the "Licensor" and granting the rights to the Licensed Materials as specified hereunder.
1.5 "Reproduction" and "Reproduce" mean any form of duplication, copying or publication of any or all of the Licensed Material, via any medium and by whatever means, and/or the distortion or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.
2. Grant of Rights & Restrictions.
2.1 Subject to the terms and conditions contained herein, Licensor grants to Licensee a non-exclusive, non-assignable and non-sublicensable right to Reproduce the Licensed Material identified in the Invoice, solely to the extent explicitly stated in this Agreement and as defined in the Invoice. This right may be exercised by subcontractors of Licensee, provided that such subcontractors agree to abide by the terms of this Agreement.
2.2 Use of the Licensed Material is strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified in the Invoice. Licensee may utilize the Licensed Material in any production process that may be necessary for the intended use specified in the Invoice.
2.3 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited.
2.4 Licensed Material shall not be incorporated into a logo, trademark or service mark.
2.5 Licensed Material shall not be used contrary to any restriction on use that is notified to Licensee prior to or at the time the Licensed Material is delivered to Licensee. Such restrictions may be included in the information provided with the Licensed Material on the Site, in the Invoice, or in any other communication by the Licensor. Any such restriction provided to the Licensee shall be incorporated in this Agreement by reference.
2.6 Upon reasonable notice, Licensor may inspect any records, accounts and books relating to the Reproduction of any of the Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.
3. Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Licensor grants Licensee no right or license, express or implied, to the Licensed Material.
5. Warranty and Limitation of Liability.
5.1 Licensor warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; (ii) the Licensed Material will be free from defects in material and workmanship for 90 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); and (iii) subject to Section 4 above (Releases), Licensee's use of the Licensed Material in its original form, and when used in accordance with this Agreement and the Invoice, will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity.
5.2 LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE LICENSED MATERIAL OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. LICENSOR'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE LICENSED MATERIAL (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF 5 TIMES THE VALUE PAID BY THE LICENSEE FOR THE LICENSED MATERIAL.
5.3 THE REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE LICENSED MATERIAL AS DELIVERED BY LICENSOR AND WILL BE INVALID IF THE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.
6.1 Provided Licensed Material is only used in accordance with this Agreement and Licensee is not otherwise in breach of this Agreement, Licensor shall defend, indemnify and hold Licensee harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and permitted and authorized costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that Licensor is in breach of its warranties given in section 5 above. THE FOREGOING STATES LICENSOR'S ENTIRE INDEMNIFICATION OBLIGATION TO LICENSEE UNDER THIS AGREEMENT AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED OR ACTUAL BREACH OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5 ABOVE.
7. Notice of Defense. The party seeking indemnification pursuant to section 6 shall promptly notify the other party of such claim. At indemnifying party's option, indemnifying party may assume the handling, settlement or defense of any claim or litigation, in which event indemnified party shall cooperate in the defense thereof. Indemnified party shall have the right to participate in such litigation, at its expense, through counsel selected by indemnified party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
8. Parties' Obligation. Upon notice from Licensor, or upon Licensee's knowledge that any Licensed Material is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Licensor may be liable herein, or if Licensor withdraws any Licensed Material for any good reason, Licensee will physically remove the Licensed Material from its premises, computer systems and storage (electronic or physical) and, if possible, cease any future use at its own expense. Licensor shall provide Licensee with comparable Licensed Material (which comparability will be determined by Licensor in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
9. Electronic Storage. For all Licensed Material that Licensee takes delivery of in electronic form, Licensee must retain the copyright symbol, the name of Licensor and the image number or other identification number associated with the Licensed Material as may be included as part of the electronic file. Licensee may make one (1) high-resolution backup copy of the Licensed Material for security reasons only. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Licensed Material from its computer or other electronic storage systems and shall ensure that its sub-contractors do likewise.
10. Payment. Payment shall be made by Licensee to Licensor per the terms of the invoice. If Licensee fails to pay Licensor invoice in full within the time specified in the invoice, Licensor may add a service charge of one percent (1%) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received. Licensor also reserves the right, in its sole discretion, to revoke the license if payment is not made in full on time.
11. Condition of Licensed Material. Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to section 5.1.(ii) above, Licensor shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.
12. If any Licensed Material is Reproduced in an editorial manner, Licensor's name or such credit information, if any, set forth on such Invoice, must appear adjacent to the Licensed Material in the credit line accompanying the Licensed Material. If this is not possible, due to layout restrictions, Licensee shall notify Licensor and an alternate credit line notice shall be agreed to prior to any usage or publication.
13. Miscellaneous Terms.
13.1 Unauthorized Use. Any use of Licensed Material in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Licensor to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
13.2 Governing Law. This Agreement will be governed in all respects by the laws of the State of California, without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.
13.3 Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
13.4 Waiver. No action of Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Licensor in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by Licensor of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
13.5 Entire Agreement. This Agreement, including the Invoice, contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on the Invoice, any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.
THANK YOU VERY MUCH FOR VISITING MY WEB SITE