PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEB SITE and ITS PRODUCTS.

Welcome to the NYCPhotoNews.com Web site (Website). You are required to follow the following terms and conditions if you use the Website located at NYCPhotoNews.com. Your use of the services provided by NYCPhotoNews.com indicates your acceptance of these terms and conditions and of the NYCPhotoNews.com Privacy Policy and Terms of Service, all of which are deemed incorporated herein by this reference.

1. Use of image files
NYCPhotoNews.com licenses to you the use of image files only as provided herein on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by NYCPhotoNews.com and its members. The license granted to you is limited to one usage per download. For example, if an image is used in a Web site design and in a business card design, this is considered two usages for which the image license must be purchased two times. Using an image in multiple products without purchasing the licenses for each usage violates this Agreement.

2. Consent
You must be at least 18 years of age to use the Website and accept this Agreement. NYCPhotoNews.com may require any registrant to provide sufficient proof of age. NYCPhotoNews.com may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.

3. Intellectual Property and Privacy Laws
You acknowledge that the content available on the Website is the property of NYCPhotoNews.com or its content providers or other third parties and is protected by United States and international copyright and other intellectual property laws. Furthermore, you acknowledge that any trademarks and copyrights depicted in any NYCPhotoNews.com images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property whenever necessary to comply with intellectual property laws. Absent an explicit written statement from NYCPhotoNews.com stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding the publication of the image and that model and property releases are not available from NYCPhotoNews.com or its content providers. Further, NYCPhotoNews.com makes no claims or warranties as to the validity of the model or property releases associated with any image. The existence of such releases should be independently verified by you with
sources other than NYCPhotoNews.com. You agree that usage of any images on the Website shall be at your sole risk. In other words, you assume sole responsibility to ensure that your usage of an image complies with the laws concerning intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. You agree, when feasible, to include the copyright information from the image file in the form of a legally effective copyright notice in substantially the following form: [Year] Photographer Name. Image from NYCPhotoNews.com.

4. Prohibited Uses
Generally (without a NYCPhotoNews.com Special License*) you may not :

1. Use an image in products in which the image is a dominant feature if the product is to be subsequently sold or distributed. Examples include posters, postcards, greeting cards, mugs, shirts, hats, mouse pads, magnets, art prints, paintings, or calendars.
2. Use the image in screen savers, software, web page builders, gallery, or any system where the image file can be unincorporated from the software or system or be shared among, transferred to, or otherwise distributed to a number of users. Images may not be included in image libraries without a Special License.
3. Display or post images in a format or size larger than 1024 by 768 pixels If more than 10 images from the Web site are being used, size must be no more than 400 pixels in height or width.
4. Use images in any way that violates the rights of individuals, including by way of example, intrusion of privacy, misappropriation of likeness, or depiction in a false light. Images that are designated for editorial use only or as not being model-released may not be used for advertising or promotional purposes.
5. Use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
6. Use images in a manner which the depicted person or a person owning the depicted property would find objectively offensive including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating, addictive, or pharmacological products.
7. Resell or distribute any image unless it is an integrated, inseparable part of a product and constitutes less than 50 percent of the overall product area, page layout or design.
8. Reverse engineer, decompile, or disassemble any part of a file or accompanying materials.
9. Use any part of an image in a trademark, service mark, logo, or part thereof.
10. Remove any copyright or trademark information from any image, file, or accompanying materials.

*If you wish to use NYCPhotoNews.com images for purposes not permitted herein a NYCPhotoNews.com Special License may be available to you. Generally speaking, the standard Image Usage Agreement allows many types of image uses where the images are anon-critical, ancillary part of the final creation. However, creating a new business or product line and using NYCPhotoNews.com images as a main visual part of your product (t-shirts, painting reproductions, etc.) typically requires a Special License. A NYCPhotoNews.com Special License does not necessarily provide users with any or all of the benefits listed above, however, NYCPhotoNews.com may be able to provide you with a Special License for any of the aforementioned usage applications. Please contact us for more information on special licensing.

5. Permitted Uses
You may:

1. Use images for general, editorial, product, and promotional uses including but not limited to: products, software, newsletters, advertisements, book interior or cover, packaging, marketing material, school assignments, presentations, and within films or videos, provided that such usage complies with the other provisions in this Agreement (see Section 4. Prohibited Uses).
2. Edit, modify or alter images as necessary for your use, provided that the resulting image otherwise complies with this Agreement. The copyrights in all photos, art, images or other files obtained from NYCPhotoNews.com and integrated into a derivative work will remain with NYCPhotoNews.com or the content provider. If requested by NYCPhotoNews.com, you agree to execute a written assignment of any copyrights with respect to such derivative work when such assignment is reasonably necessary to enable NYCPhotoNews.com or a content provider to enforce its intellectual property rights.
3. In the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work project and without which the project could not be completed.
4. Print or use the image for your personal use in any size provided that there is no subsequent sale or transfer to other persons.
5. This agreement requires you to re-purchase the image file photo for each new usage. If your image usage needs fall outside of the scope of what is permitted herein, you might be able to purchase and use the images by obtaining a Special License. Contact us here and learn more about Special Licenses and their availability.

6. Use of Editorial Images — Limitation of Liability
Users downloading images that are designated as editorial use image assume full responsibility for the use of the image(s). The use of editorial images may require additional rights that NYCPhotoNews.com may or may not be able to provide. You should consult with your legal counsel to be sure your use is legal. Editorial use images are not model released. By downloading any image you acknowledge that you understand and agree to all of these terms and assume full liability for your use of the image(s) and agree to hold NYCPhotoNews.com harmless should any liability arise.

7. Discontinuance
NYCPhotoNews.com reserves the right to replace any image file with an alternative image file for any reason. Upon notice of such replacement, the license for such files terminates with respect to any prospective usage and this license automatically applies to the alternative image files. You further agree to take all reasonable steps to discontinue use of files that have been replaced in products that already exist.

8. Image Credit Expiration and Refund Policy
Image credit purchases expire within one year after date of purchase and are nonrefundable. In the event that NYCPhotoNews.com agrees to make a refund, a $10 processing fee will be charged to cover administrative and credit card fees.

9. No resale or sublicensing
You may not resell, distribute or sublicense image files , accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement or within a NYCPhotoNews.com Special License or other NYCPhotoNews.com agreement.

You expressly agree that use of all images, files, or software distributed by NYCPhotoNews.com is at your sole risk. NYCPhotoNews.com does not warrant or guarantee that images are free from copyright or other intellectual property concerns. Likewise, you agree that you are responsible for ensuring that the publication at your direction of an image obtained from NYCPhotoNews.com does not violate any rights with respect to privacy, defamation, or rights of publicity. You further agree to indemnify NYCPhotoNews.com in the event a claim is made with respect to the rights described in this section.

10. Disclaimers
All images, files, and software distributed by NYCPhotoNews.com are provided on an as is and as available basis and without warranties or conditions of any kind either express or implied. NYCPhotoNews.com assumes no responsibility for any actions or liabilities arising from their possession or use. NYCPhotoNews.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall NYCPhotoNews.com or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the images or or the Website, even if NYCPhotoNews.com is expressly advised of the possibility of such damages. In no event shall the liability of NYCPhotoNews.com exceed the fees paid for the use of the files. No oral advice or written information provided by NYCPhotoNews.com, its content providers or the like, shall create a warranty; nor shall you rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through NYCPhotoNews.com. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

11. Assignment
You may not assign the rights and obligations under this agreement without obtaining the prior written consent of NYCPhotoNews.com. NYCPhotoNews.com may assign this agreement.

12. Severability
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.

13. Jurisdiction
This contract is governed by and shall be construed in accordance with the laws of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these TOS. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

14. Legal Fees
You agree that the prevailing party shall be awarded alI costs of bringing a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute.

15. Entire Agreement
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, excepting NYCPhotoNews.com Special Licensing agreement(s) you may have also entered into, 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.

16. Revision of Agreement.
NYCPhotoNews.com may revise this agreement at any time and such revision shall be effective immediately upon the posting of the revised agreement on the Website. You agree to review the agreement prior to the licensing of an image to make yourself aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership by notifying NYCPhotoNews.com Member Support of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by NYCPhotoNews.com.