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Royalty Free

Royalty Free License Agreement

The following is a legal agreement between you (“User” “you”) and the owners of NYCPhotoNews.com  ("Website").  (NYCPhotoNews.com"We" “us”) which governs the use of non-watermarked images ("Images") downloaded from our Web site. By downloading an Image the User agrees to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If you do not agree with these terms, you are not allowed to download the Image.

All Images on the Website are copyrighted and they are the properties of NYCPhotoNews.com or its Image providers. All rights are reserved unless otherwise granted to the User. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image.

We hereby grant to you a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement and on the Image preview page FREE OF CHARGE.

You may use the Image

  • In digital format on web sites, in multimedia presentations, in broadcast film and video, and on cell phones and portable devices.
  • In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
  • Along with your corporate identity on business cards, letterhead, etc.
  • To decorate your home, your office or any public place.

You may not use the Image

  • For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
  • To endorse any products and services if a person is depicted.
  • In a way that can reflect poorly on us or the person(s) depicted on the Image.
  • As part of a trademark, service mark or logo.
  • SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

Information on rights

Since we do NOT require a written Model Release for each Image that has an identifiable person or people on it, we cannot guarantee that you will be able to use the Image for any purpose. Images depicting people are for editorial use only.

Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it.

Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. We do not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It is your sole responsibility to make sure that you have all the necessary rights, consents and licenses for the use of the Image.

You acknowledge that by your download the ownership of Image does not get transferred to you and that you must not claim that it is yours. Your license is non-transferable, which means that you are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work you create with the Image must be used either by yourself or by your client. You warrant that you do your best to prevent third parties from duplicating the Image.

You also agree to take the time to comment on and rate the Image you downloaded and do your best to show the work you created with the Image to the photographer. This is a simple thing and means a lot to many of our contributors who simply would like to know how their work is used.

IMPORTANT!

Although we try out best to make sure our images to not violate any copyright or property laws, NYCPhotoNews.com cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system.

Indemnification

You agree to indemnify, defend, and hold harmless NYCPhotoNews.com  and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED AS IS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

WE SHALL NOT BE LIABLE TO YOU OR TO 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 YOUR USE OF THE WEB SITE OR THE IMAGES.




Royalty Free

LICENSE AGREEMENT
for Royalty Free Stock Photos at  nycphtonews.com

1. ESSENTIAL INFORMATION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE HIGH RESOLUTION STOCK PHOTOS, PROVIDED BY nycphotonews.com

2. LICENSE

2.1. Application:

This agreement applies to any image on nycphotonews.com whether free or not-free.

2.2. Number of Users:

THIS IS A ONE (1) PERSON LICENSE AGREEMENT ONLY.
You are permitted to use the photo(s). Any additional persons who wish to use the photo(s)must purchase and/or download it from nycphotonews.com.

2.3. Permitted Uses. You may:

2.3.1. Back up, copy, or archive one copy of the Photo(s) as necessary for internal use, and only as necessary for that use.
2.3.2. Use the Photo(s) in any electronic media, including advertising and editorial use, web site templates and consumer merchandise.
2.3.3. Use the Photo(s) for any items for resale, including consumer merchandise, provided these products are not intended to allow the re-distribution or re-use of the Photo(s).
2.3.4. Modify or alter the photo(s) as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to nycphotonews.com. You may use such derivative work only as permitted in accordance with these terms and conditions. All copyrights with respect to such derivative work are assigned to nycphotonews.com or its owner(s), which assignment the parties hereby agree is valid under International Copyright Law. If requested by nycphotonews.com, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
2.3.5. In the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Photo(s) that are integral to your work product and without which the product could not be completed.

2.4. Prohibited Uses: You may not:

2.4.1. Transfer the rights to the Photo(s) or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement. All other rights are reserved by nycphotonews.com and/or Nikolay Dimitrov.
2.4.2. Copy or reproduce the Photo(s) or accompanying materials (if applicable), except as specifically provided for in paragraph 2.3.
2.4.3. USE THE PHOTO(S) IN ANY WAY THAT COULD BE CONSIDERED DEFAMATORY, PORNOGRAPHIC, OBSCENE, IMMORAL, OR FRAUDULENT.
2.4.4. Use the Photo(s) or any part of it as part of a trademark, service mark, or logo. nycphotonews.com and/or Cal Vornberger retains the full rights to the Photo(s), and therefore you cannot establish your own rights over any part of it.
2.4.5. Re-sell, distribute or sub-license the Photo(s), accompanying material, (if applicable), or the rights to use the Photo(s) to anyone for any purpose, except as specifically provided for elsewhere in this Agreement.

3. TERMS

This License is effective until it is terminated. You can terminate this license by destroying the Photo(s), along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Photo(s) for any purpose. The license also terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Photo(s), to cease using the Photo(s) for any purpose, and to confirm to nycphotonews.com in writing that you have complied with these requirements.

4. LIMITATION OF REMEDIES

4.1. Replacement or Refund:

nycphotonews.com's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Photo(s) or accompanying material (if applicable), or out of your actions in downloading the Photo(s), shall be as follows:.

No Money Damages:

UNDER NO CIRCUMSTANCES WHATSOEVER WILL nycphotonews.com BE LIABLE TO YOU FOR ANY DAMAGES OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PHOTO(S). SOME STATES DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. INDEMNIFICATION

You agree to indemnify and hold nycphotonews.com and/or Cal Vornberger harmless against all claims or liability asserted against nycphotonews.com arising out of or in connection with any breach of any of the terms of this Agreement.

6. GENERAL

6.1. Governing Law:

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement will be governed under the laws of the  State of New York and the United States of America.

6.2. Enforceability:

If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.

6.3. Taxes and other:

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Photo(s), pursuant to this Agreement.


7. ENTIRE CONTRACT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND nycphotonews.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND nycphotonews.com RELATING TO THE SUBJECT OF THIS AGREEMENT.