NYC Imagery Terms & Conditions
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NYC Imagery Terms and Conditions
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I have read and agreed to the following terms & conditions
The following terms and conditions apply to use of all photographs and digital images provided under this agreement (collectively, the "Images"). By signing this agreement below, the signatory below (hereafter, "You" or "Licensee") hereby agree to all the terms and conditions set forth herein.
GRANT OF RIGHTS NYC & Company grants its users a personal, non-transferable, nonexclusive right to the single, one-time use of each Image obtained pursuant to this agreement for newsworthy or educational purposes only. Notwithstanding the foregoing, any copying, distribution or sale of extra Images, either as products or on or in connection with product packaging, is expressly prohibited. Any use of an Image for purposes other than those expressly granted herein, without the prior written consent of NYC & Company, is expressly forbidden. NYC & Company hereby retains all ownership and copyright in and to the Images, except as to the rights granted to You herein. Your right to reproduce the Images one time does not include the right to authorize others to make any further use of any Image. The rights granted You pursuant to this paragraph are revocable at will by NYC & Company upon written notice. The Images are provided "as is." NYC & Company excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose.
DERIVATIVE WORK Images provided pursuant to this agreement may be edited, but their content shall not be distorted in any fashion.
SUBJECT RELEASES NYC & Company's grants of rights in the images does not include the publicity, privacy or other rights of any persons or group of persons depicted in such images. You shall bear sole responsibility for obtaining the consent of any such persons pictured or depicted in the images, as may be required by applicable federal, state or international laws.
COPYRIGHT CREDIT Unless otherwise expressly agreed to in writing by NYC & Company, all Images must carry the following credit: © NYC & Company and/or any accompanying credit as noted by NYC & Company. For web site use, hyperlink: http://www.nycgo.com
INDEMNIFICATION You agree to indemnify, hold harmless and defend (with counsel of NYC & Company's choice) NYC & Company, and its officers, directors, shareholders, employees and agents against any and all loss, liability, claims, suits, actions, judgments, damages, awards and other expenses (including, without limitation, reasonable attorney's fees) that they, or any of them, may incur or suffer as a result of Your reproduction, sale, distribution, offering for sale, sale, advertising, promotion or other use of the Images provided pursuant to this agreement. You agree promptly to notify NYC & Company of any such claim. NYC & Company agrees to cooperate fully with You in Your defense of said claim, and will promptly respond to Your requests for information and assistance, all at Your sole cost and expense.
GOVERNING LAW/CHOICE OF FORUM The validity, effect and interpretation of this agreement shall be governed by the laws of the State of New York without regard to choice of law analysis. You agree to submit exclusively to the personal jurisdiction of the state and federal courts located in New York County, New York, and any courts with appellate jurisdiction therefrom, and further agree that venue in New York County is proper and convenient.