DailyNewsPix, the Daily News photo sales service (the "Service"), is owned and operated by Daily News, L.P. (the "Daily News"). Set forth below are the terms and conditions applicable to users of the Service and all photographic images (individually, a "Photo" and, collectively, "Photos") licensed through the Service.

PLEASE READ THIS LICENSE AND USER AGREEMENT (THE "AGREEMENT") BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY AND ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.

The Daily News reserves the right to change the terms and conditions of the Agreement and features of the Service at any time. By using the Service after notice of any change in the Agreement has been posted, you agree to be bound by the Agreement as modified. 

LICENSE AND RESTRICTIONS

Subject to the terms and conditions of the Agreement, you will have the non-exclusive license to use each Photo that you order for one-time editorial purpose only. One-time editorial purpose may be either on-line or in a print publication, but not both.

The following credit information must accompany each Photo that you publish: [Photographer Name]/New York Daily News.

Except as expressly permitted by this Agreement, you may not copy, reproduce, market, sell, license, distribute, publish, display, modify, create derivative works of, or transmit any Photo by any means or in any other way exploit any part of the Service. This restriction includes the distribution, marketing, and selling of unauthorized "hard copy" of any Photo and the distribution, marketing, and selling of any Photo through or to any electronic medium, electronic storage device, or electronic distribution service. Nothing in this Agreement shall prevent a print publication from including, without additional payment to the Daily News, any Photo in a microfilm republication of the entire publication in which the Photo appeared.

You may store Photos electronically until such time as the Photo is used and then the Photo must be purged from your system and your databases.

You may not physically or electronically alter or manipulate the content of any Photo, except that established photographic printing techniques such as burning, dodging, toning, cropping, and minor color alterations are permitted. Retouching is limited to the removal of minor scratches or minor image flaws.

The Service, including but not limited to Photos and explanatory text, is protected as a collective work or compilation under the copyright laws of the United States and other countries. All Photos, accompanying text, and other elements comprising the Service are also copyrighted works and are protected by applicable copyright laws.

RELEASES

The Daily News does not routinely obtain releases from individuals, groups, subjects, or entities in the Photos, nor does it routinely obtain permission from any owner of any trademark or copyrighted material whose trademark or copyrighted material may be included in the Photos. You shall be solely responsible for obtaining any and all releases from individuals, groups, subjects, and/or entities shown in the Photos as may be necessary for your use of the Photos.

LIMITED WARRANTY

The Daily News represents and warrants that it has the rights under applicable copyright laws to reproduce, display, and license the Photos in accordance with the terms and conditions of this Agreement.

THE PHOTOS AND SERVICES ARE AVAILABLE "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, THE DAILY NEWS DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE, OR ANY INFORMATION OR PHOTO THAT IS ADVERTISED OR PROVIDED THROUGH THIS SERVICE. ALTHOUGH THE DAILY NEWS TAKES STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, THE DAILY NEWS DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE (OR ANY THIRD-PARTY SERVICE USED BY US) OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. THE DAILY NEWS IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

The Daily News shall not be liable for any loss of revenue, loss of profit, indirect, incidental, special, punitive, consequential, or other such damages, whether based on tort, contract, indemnification, contribution, or other legal or equitable grounds, arising from your purchase or use of any Photo even if the Daily News has been advised or has reason to know of the possibility of such damages. In no event will the Daily News be liable to you for any damages, whether based on tort, contract, indemnification, contribution, or other legal or equitable grounds, arising from your purchase or use of any Photo even if the Daily News has been advised or has reason to know of the possibility of such damages, in excess of the amounts (if any) paid or payable by the user of the Service for the use of Service or for any Photo licensed from the Service.  

You agree to indemnify and hold harmless the Daily News, its officers, directors, partners, parents, subsidiaries, affiliates, agents, employees, and licensors, from and against any losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, based upon or resulting from any third-party claim arising from your purchase or use of the Photos, except to the extent such claim is based upon or arises from a breach of this Agreement by the Daily News.

PAYMENT

You are responsible for paying all charges that you incur when you order any Photo. Payment is due at the time of ordering unless some other payment schedule is agreed to by the Daily News prior to the time of your order.

LAW GOVERNING AND PLACE OF SUIT

This Agreement shall be governed by the laws of the State of New York, without regard to its choice-of-law provisions. By using the Service, you agree that the state and federal courts sitting in New York County, New York, shall have exclusive jurisdiction over any dispute arising from or relating to your purchase or use of any Photo and you hereby agree to submit to the jurisdiction of such courts.

RIGHT OF REFUSAL

Nothing contained herein shall limit in any way the right of the Daily News, at its sole discretion and for any reason, to decline to sell a Photo offered by the Service.

NOTICES

All notices or other communications to the Daily News should be sent by first-class mail or hand-delivered to, and will be deemed given when received at, the following address: