NurPhoto License Agreement

§1 Subject of the Agreement

This License Agreement governs the licensing of images owned or represented by NurPhoto Agency ("NurPhoto"). NurPhoto acts as an agent on behalf of photographers and other content creators ("Creators"). All licensed material is protected by copyright laws. Purchasing a license grants limited rights to use the material as described herein, but ownership of the material remains with the Creator.

§2 Services Provided

NurPhoto provides licenses for single-use, editorial purposes only. Each license is restricted to a specific use case. Any unauthorized use or redistribution of licensed material is strictly prohibited.

• Images must not be used for logos, trademarks, machine learning, artificial intelligence training, or any automated learning purposes, unless expressly agreed in writing by NurPhoto.
• Images must not be used for defamatory, unlawful, or otherwise inappropriate purposes.
• Editing is restricted to cropping and adjustments necessary for editorial use.
• Proper attribution must be provided (e.g., "NurPhoto / Photographer's Name").

§3 License Types

NurPhoto offers the following Rights Managed (RM) licenses for single-use editorial purposes:

§4 Usage Guidelines

Licenses granted by NurPhoto are strictly limited to editorial use. Commercial use of licensed material is prohibited. The images are provided without property releases unless explicitly stated.

§5 Responsibility for Clearances

You, as the licensee, are solely responsible for obtaining any additional permissions required for your specific use of the licensed material. This includes, but is not limited to, obtaining model releases, property releases, or other third-party permissions if applicable. NurPhoto does not guarantee that any content has the necessary permissions for uses beyond editorial purposes.

§6 Restricted Use and Additional Notes to Usage

• Providing the image or video material or content in which the material is used to third-party providers is not permitted.
• Related to editorial content within a Rights Managed License, the right to edit the images is restricted and only allowed, if necessary, for excerpts. This must be done while respecting the work integrity rights of the authors, as well as the use of the images in connection with works of other rights holders.
• General applicable provisions regarding property rights and personal rights of the visible natural persons or legal entities in the chosen images or videos must be taken into account.
• The use of image or video material in any defamatory, distorting, pornographic, dating/escort, tobacco service context, or otherwise unlawful manner is prohibited.
• Images for which a model release is available are marked as such. In the case of classification in contexts that appear controversial according to general opinion, it should be pointed out that the image is being used for illustrative purposes only.
• Rights to any artistic works shown (e.g., paintings, stamps, film productions) cannot be obtained by NurPhoto. In general, images or videos with corresponding motifs may not be used independently of a reference to the editorial context (e.g., use of film stills only when reporting on the film).
• Using the image or video provided by NurPhoto in a trademark or logo is prohibited. Additionally, the customer is not permitted to register a trademark or logo including such content as a trademark in any given jurisdiction.

§7 Prohibited Uses

• Unlawful Uses: The licensee may not use the content for defamatory, pornographic, or otherwise unlawful purposes, to promote violence or hate, or in violation of any applicable laws (including, for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
• Alteration of Editorial Content: Content marked as "editorial" or "for editorial purposes only" may be cropped or otherwise modified for technical quality purposes, provided the editorial integrity of the content is not compromised. However, such content may not be altered in any other way.
• Use as a Standalone File: It is prohibited to use any content in a way that allows third parties to download, extract, or redistribute it as a standalone file (i.e., only the content itself, separate from any final project or use).
• False Attribution: The licensee may not falsely claim to be the original author of a work composed largely of licensed content. For example, it is not permitted to create an artwork based entirely on licensed content and claim authorship.

§8 Unauthorized Use

Any use of images without a valid license constitutes copyright infringement. NurPhoto reserves the right to seek damages and pursue legal action for unauthorized use.

§9 Indemnification

You agree to indemnify and hold harmless NurPhoto, its affiliates, and its Creators from any claims, damages, or liabilities arising from your misuse of licensed material. NurPhoto's liability is strictly limited to the amount paid for the license. Under no circumstances shall NurPhoto be liable for any consequential, indirect, or incidental damages arising from the use or inability to use the licensed material. This limitation of indemnification is absolute and non-negotiable.

§10 Warranty and Liability

• Limited Warranty: While NurPhoto strives for accuracy and quality, it does not guarantee that all content is free from errors or omissions. Licensed materials are provided "as is," without any warranties of any kind, either express or implied.
• NurPhoto's liability is strictly limited to the refund of the amount paid for the license, and no further claims may be made under any circumstances.

§11 Final Provisions

• This Agreement is governed by and construed in accordance with the laws of Italy. Any disputes arising from this Agreement will be resolved in the courts of L'Aquila, Italy.
• If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
• Failure to enforce any provision of this Agreement does not constitute a waiver of NurPhoto's rights under this Agreement.