Terms & Conditions

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 

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 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.

RELEASES

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.

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