Terms of Service (Users)

Last updated: Feb 1, 2026

In brief: What you can and can’t use Kogia’s media for

You can use the media for:

• Non-commercial education, conservation, and awareness projects
• Nonprofit fundraising materials (reports, proposals, pitches, videos)
• Social media for advocacy, education, or conservation
• Nonprofit websites and online publications
• Educational, non-profit exhibitions and printed materials
• Conservation, awareness, or activist campaigns
• Small-scale, non-commercial art projects

You cannot use the media for:

• Any commercial or for-profit purpose
• Selling, reselling, sharing, or redistributing the files
• For-profit schools, tours, training programs, or services
• For-profit art or museum exhibitions
• Prints, merchandise, or products for sale
• Removing or altering credits or watermarks
• Implying endorsement by Kogia or the creators

Important:

• All use requires clear credit to both Kogia and the original contributor
• This is a non-commercial, revocable license for approved members only

Image Licensing Agreement

Please read the following terms of service carefully. By ticking the box for “I agree to the terms and conditions herein,” you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.

1. Service Description

Kogia’s Oceanic Library, operated by Kogia, is a nonprofit media library providing access to marine photography, video, and audio content (“Library Content”). The Library exists to support conservation organizations, nonprofits, scientists, researchers, activists, educators, and artists working to protect our oceans and marine life.

The Library Content is donated largely by our community of underwater photographers and filmmakers (“Contributors”), who retain full copyright ownership of their work.

2. Definitions

For the purposes of this Agreement:

“Library Content” means all photographs, videos, audio recordings, and related media made available through Kogia’s Oceanic Library.

“Contributor” means the individual creator who retains copyright ownership of the Library Content.

“User” means any individual or organization granted membership to Kogia’s Oceanic Library.

“Non-Commercial Use” means use that is not primarily intended for or directed toward commercial advantage, monetary compensation, paid promotion, or the sale of goods or services.

3. Usage Terms

3.1 Permitted Uses

User may use the Library Content only for Non-Commercial Uses, including:

• Non-commercial educational, conservation, or awareness videos
• Nonprofit fundraising materials (videos, pitches, proposals, and reports)
• Social Media for conservation, education, or advocacy
• Websites and online publications for nonprofit initiatives
• Educational or nonprofit exhibitions
• Educational printed materials
• Awareness, conservation, or activist campaigns
• Small-scale, non-commercial art projects

3.2 Prohibited Uses

User shall not, under any circumstances:

• Sell, license, sublicense, distribute, or give away Library Content to any third party
• Use Library Content for commercial purposes or within commercial ventures
• Use Library Content for for-profit schools, tour operators, training programs, or services
• Use Library Content in for-profit art or museum exhibitions
• Sell or distribute Library Content as prints or merchandise
• Remove or alter copyright notices or watermarks
• Use media sourced from outside the Oceanic Library section of Kogia’s website
• Imply endorsement, partnership, or sponsorship by Kogia or any Contributor without written permission

4. Licensing Framework

Library Content is made available under a limited, revocable, non-exclusive, non-transferable, non-sublicensable, nonprofit-only content license, granted by Kogia to vetted members, with mandatory attribution and no commercial rights.

5. Credit & Attribution (Mandatory)

5.1 Attribution Requirement

Proper credit is a mandatory condition of this license. Failure to comply with the attribution requirements below constitutes a material breach of this Agreement.

5.2 Copyright Ownership & Moral Rights

All Library Content remains the exclusive intellectual property of the respective Contributor.

User agrees to respect the moral rights of Contributors, including the right of attribution and the right to object to misleading, derogatory, or inappropriate use of their work.

5.3 Standard Credit Format

Unless otherwise specified by Kogia in writing, all use of Library Content must include both the Contributor and Kogia, using the following format or a clear equivalent:

[Contributor Name] / Kogia

or

Kogia / [Contributor Name]

5.4 Photos (Still Images)

a) Watermarked Images Kogia’s official watermarked versions of Library Content constitute proper and sufficient attribution for both the Contributor and Kogia.

• Custom watermarks also constitute proper and sufficient attribution provided they clearly follow one of the following formats:
  • [Contributor Name] / Kogia
  • Kogia / [Contributor Name]
• For social media use of watermarked images, the User must additionally:
  • Tag Kogia’s official account where technically possible, and
  • Tag or clearly name the Contributor.

b) Non-Watermarked Images

Use of non-watermarked files does not waive attribution requirements. In such cases, attribution is mandatory as follows:

• Social Media:
  • Credit must appear in the caption or first comment, and
  • User must tag both Kogia and the Contributor where technically possible.
• Websites & Online Publications:
  • Credit must appear adjacent to the image or in a clearly visible credits section.
• Educational & Printed Materials:
  • Credit must appear near the image or in a dedicated credits section and must be legible.
• Exhibitions & Installations:
  • Credits must appear on wall labels, captions, or accompanying materials where credits are customarily provided.

5.5 Video & Film

• Where video credits are included, User must credit both Kogia and the Contributor in the end credits.
• Where applicable (including online platforms), the video description must include:
  
  Footage courtesy of Kogia’s Oceanic Library — [Contributor Name]
• For social media distribution of video content, User must tag both Kogia and the Contributor.

5.6 Attribution Persistence

Attribution must remain intact for the entire duration of the media’s use. Removal or alteration of credits after publication constitutes misuse.

6. Membership Duration & Media Usage

6.1 Membership Duration

Users may access and use Library Content only for the duration of an active and valid membership.

6.2 Termination of Use

Upon termination of membership, whether initiated by the User or by Kogia, the User immediately forfeits all rights to use any Library Content.

6.3 Deletion Requirement

User must promptly delete or cease using all Library Content obtained from Kogia’s Oceanic Library upon termination.

7. Misuse, Remedies & Enforcement

Misuse of Library Content or violation of these Terms may result in:

• Immediate revocation of Library access
• Requirement to remove media from all platforms
• Termination of membership
• Injunctive relief to prevent further misuse
• Potential legal action for unauthorized or commercial use

8. Termination

Either party has the right to terminate the membership at any point, with or without cause.

9. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in the United States, at Kogia’s election.