All photographs presented on the Europa Newswire web site are subject to the following terms and conditions of use that constitute a legal agreement between you and Europa Newswire. If you do not agree to be bound by these terms, please do not fill the Registration Form. By filling the Registration Form and downloading any photographs, you accept all the terms and conditions of this Agreement. If you are entering into this Agreement on behalf of your employer, all the terms and conditions of this Agreement apply to both your employer and to you as a representative of your employer. Our use of the word "you" means both you and your employer, if applicable.
1. Evaluation. Upon reviewing your Registration Form, Europa Newswire may grant you a user name and a password that will allow you to navigate the web site, research and download photographs if you are granted download privileges. This user name and password is for your use only and you are liable for any usage associated with your issued username and password. You may not use, reproduce, alter or modify the photographs in any manner or medium, including without limitation, layouts, sketches, photocopies, separations, prints, film, projection or other photographic reproduction or display, and you may not authorize or permit any other individuals or entities to do so, until submission of an invoice from Europa Newswire granting you a limited license to use or reproduce the photographs for a specified purpose and conditioned on these terms and conditions. A waiver to use and reproduce photographs before receiving a Europa Newswire invoice will be issued on a case-by-case basis.
2. Limited License. Subject to the other terms of this Agreement, upon Europa Newswire's receipt of full payment of the license fee, Europa Newswire grants you the limited non-exclusive rights set forth in Europa Newswire's invoice. Your right to reproduce or otherwise use any photograph is subject to the restrictions set forth in this Agreement and is conditioned upon full payment of the license fee prior to your reproduction or other use of any photograph. All rights not expressly granted to you are reserved. No additional use, re-use or new use in any form, media or manner may be made of any photograph without first obtaining a license to do so from Europa Newswire. This Agreement is not assignable or transferable by you and you may not sell, loan, give, sublicense or otherwise transfer any photograph or the right to reproduce or otherwise use any photograph to any other person or entity except as provided in the rights set forth in the invoice issued to you by Europa Newswire. A waiver to use and reproduce photographs before sending payment to Europa Newswire will be issued on a case-by-case basis. You do not acquire any right, title or interest in or to any photograph by virtue of any license from Europa Newswire. Unauthorized use or reproduction of a photograph constitutes copyright infringement
3. Payment. A license payment fee will be negotiated by you and Europa Newswire prior to your usage and additional fees, including research and service fees, and other costs may be assessed depending on your requirements. Payment terms are Net 30 days from the date of Europa Newswire’s invoice to you. After 30 days, you are liable for a 1.5% service charge accrued monthly on any unpaid balance. In the event that you decide not to reproduce or otherwise use a photograph which has been licensed to you by Europa Newswire, you must notify us of such a cancellation no later than ten (10) days from the date the license was issued to you and you will be responsible for a cancellation fee equal to 50% of the license fee.
4. Destruction of Photographs. You agree to destroy within 30 days of use all photographs, whether digital or print reproductions, that you have made including, without limitation, all pre-press and pre-production copies and all hard drive or other storage media.
5. Credit Line and Copyright Notice. All publicly distributed reproductions or other uses of any photograph shall bear an adjacent credit notice and, sometimes a copyright notice as indicated by Europa Newswire in its invoice. You agree that the invoice amount will be doubled in the event that you fail to provide such credit and copyright notice.
6. Releases, Names and Trademarks. No model or property releases or other authorizations exist with respect to any of the photographs, unless the existence of any release is specified in the IPTC fields embedded with Europa Newswire' photographs. Europa Newswire makes no representations or warranties with regard to (i) the subject matter of any photograph, (ii) underlying rights to proprietary material depicted in any photograph, (iii) your use of names, trademarks or service marks which may be depicted in a photograph, and (iv) the accuracy of captions and other information about the photographs. Europa Newswire does not represent or warrant that you may use a photograph for your intended use without first obtaining a release or retouching the photograph. You or your counsel must determine whether and what type of model, property, trademark or other releases are necessary for your intended use. You are solely responsible for obtaining all necessary releases and you agree to do so prior to your use of a photograph. As part of your Agreement with Europa Newswire, your right to reproduce or use a photograph is conditioned upon your independent verification that all releases necessary for your intended uses have been obtained by you prior to your use. You agree to indemnify and hold Europa Newswire, its subsidiaries, affiliates and content providers, harmless against any and all claims, liabilities and expenses, including reasonable attorneys' fees and expenses, arising from your failure to obtain necessary releases or other permissions and all other claims relating to your use of a photograph.
7. Modification. You agree not to modify, alter or otherwise manipulate any photograph, including without limitation, adding other material to a photograph, without Europa Newswire’s written agreement. You agree to indemnify and hold Europa Newswire, its subsidiaries, affiliates and content providers, harmless against any and all claims, liabilities and expenses, including reasonable attorneys' fees and expenses, arising from your use of any photograph in any manner.
8. Termination. The rights contained in this Agreement will terminate automatically without notice from Europa Newswire in the event that you fail to comply with any provision of this Agreement. Upon such termination, you must immediately (i) stop using the photographs in any manner, and (ii) completely destroy the photographs and all electronic and print copies.
9. Other Terms. You acknowledge that you have read this entire Agreement and that you understand and agree to be bound by all the terms and conditions. This Agreement may not be modified except in a written document signed by both you and an authorized representative of Europa Newswire.
This Agreement shall be governed by the laws of the State of New York, U.S.A. without giving effect to any principles of conflicts of law. Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in the federal and state courts of the State of New York and you consent to personal jurisdiction in such courts. In the event that Europa Newswire is the prevailing party in any such action, you agree to be responsible for payment of Europa Newswire’s reasonable attorneys' fees and costs, expert witness fees, investigation expenses, and other similar litigation expenses.