LICENSE AND USER AGREEMENT
RIGHTS AND USAGE
EdMurawinski.com (the “Service”), is owned and operated by Ed Murawinski (the
“Artist”). Set forth below are the terms and conditions applicable to users of the Service
and all prints (individually, a “Print” and, collectively, “Prints”) licensed through the
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
The Artist 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 are purchasing one copy of
any Print that you order. The Artist has not granted, and will not grant, to you the right
to publish the Print in any format, including publishing it in a print format of any sort,
posting it on a website, or transmitting it online to any other person or entity. If you
publicly display any Print obtained from the Service, you agree to display prominently
the following credit line: Copyright Ed Murawinski/New York Daily News.
You may not copy, reproduce, license, distribute, publish, modify, create derivative
works of, or transmit the copy of any Print by any means or in any other way exploit any
part of the Service.
You may not physically or electronically alter or manipulate the content of any Print.
The Service, including but not limited to Prints and explanatory text, is protected as a
collective work or compilation under the copyright laws of the United States and other
countries. All Prints, accompanying text, and other elements comprising the Service are
also copyrighted works and are protected by applicable copyright laws.
The Artist does not routinely obtain releases from individuals, groups, subjects, or
entities in the Prints, 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 Prints. You shall be solely responsible for obtaining any and all
releases from individuals, groups, subjects, and/or entities shown in the Prints as may be
necessary for your use of the Prints.
LIMITATION OF LIABILITY AND INDEMNIFICATION
THE PRINTS AND SERVICES ARE AVAILABLE “AS IS.” EXCEPT AS
EXPRESSLY STATED HEREIN, THE ARTIST 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
PRINT THAT IS ADVERTISED OR PROVIDED THROUGH THIS SERVICE.
ALTHOUGH THE ARTIST TAKES STEPS TO PREVENT THE INTRODUCTION
OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, THE
ARTIST DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE (OR
ANY THIRD-PARTY SERVICE THAT MAY BE USED BY US) OR MATERIALS
THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH
DESTRUCTIVE FEATURES. THE ARTIST IS NOT LIABLE FOR ANY DAMAGES
OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Neither the Artist nor Daily News, L.P. (the “Daily News”) shall 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 Print even if the Artist has
been advised or has reason to know of the possibility of such damages. In no event will
the Artist or 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 Print even if the Artist or 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 Print licensed
from the Service.
You agree to indemnify and hold harmless the Artist and 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 Prints, except to the extent such claim is based upon or arises from
a breach of this Agreement by the Artist.
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 Print 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 Artist, at its sole
discretion and for any reason, to refuse to sell a Print offered by the Service.