EPA Images Content License Agreement
This document is a legal agreement (hereinafter referred to as the (“Agreement”) between you or your company, hereinafter referred to as the ("Client") and European Pressphoto Agency B.V., hereinafter referred to as (“EPA Images”), to be individually referred to as (“Party”) and collectively referred to as (“Parties”) under this Agreement, that explains how the Client may use the photos and videos that the Client licensed from EPA Images. EPA Images has been appointed by its contributors to enter into this Agreement on their behalf unless stated otherwise.
By downloading Content from EPA Images, you agree to the terms of this Agreement and the Content usage restrictions contained herein.
1.1 Content: means the photo or video available on the EPA Images website that the Client has selected and wishes to license, and which is identified on the invoice.
1.2 Contributors: means EPA Images’ staff photographers and stringers as well as shareholding agencies and a few other partners.
1.3 Invoice: means the invoice provided by EPA Images that may include details of the Content selected and the License Fee.
1.4 License: means the non-exclusive rights EPA Images granted to the Client for the editorial use of the Content.
1.5 License Fee: means any sums payable to EPA Images by the Client in respect of the License.
1.6 Website: means the website owned and operated by EPA Images at https://epaimages.com/
2. Types of Licenses
2.1 EPA Images offers three types of licensing models: Basic License, Custom License and Private License.
2.2 The Basic License permits the non-exclusive, editorial use of EPA Images Content for up to one calendar year, by news media (newspapers, magazines, or news websites), online platforms (websites, social media platforms, blogs, or apps), in corporate communications (internal newsletters, presentations and reports, print or digital), or for educational purposes (books, textbooks, guides and educational magazines).
2.3 A Custom License is for use that is out of the scope of the Basic License above and which might be more complex in its entirety including but not limited to commercial and promotional use. The content and scope of such a license shall be negotiated individually between the parties in each case.
2.4 The Private License permits the non-exclusive and in-perpetuity private use of the Content, without publishing it to an external audience in any form, and without generating any revenue in relation to the usage.
2.5 All licenses above might be subject to additional usage restrictions as mentioned below and as additionally written in the caption of the Content.
2.6 In the event that the Client wishes to expand the rights granted, EPA Images must be notified in writing to firstname.lastname@example.org and any additional License Fee must be paid fully in advance.
3.1 The License confers no right for Commercial use of Editorial EPA Images Content, unless explicitly authorised in a EPA Images invoice, sales order confirmation or License agreement. Specifically, you may not use EPA Images Content for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses, or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics.
3.2 EPA Images Content may not be used in a pornographic, defamatory, or any unlawful manner or in violation of applicable regulations including but not limited to any restrictions issued by sports leagues and federations or industry regulations.
3.3 Any manipulation of the Content that goes beyond normal editing (color corrections, zooming) is not permitted. Altering the facts and essence of the Content is not permitted.
3.4 EPA Images Content cannot be incorporated into a logo or trademark.
3.5 Sub-licensing of the Content or any rights or obligations granted under this Agreement is not permitted.
3.6 EPA Images might request the Client to cease using certain Content if EPA Images is legally obligated to do so or if further use is restricted for other legal reasons (a Mandatory Kill request). EPA Images will issue such a request, among other things, if someone has legitimately asserted rights to the Content or if the rights of third parties would be violated by further use. In the case of such a Mandatory Kill request, where possible, the Client must immediately delete all copies of the respective Content, preferably within one day.
4. Copyright and Credit
4.1 EPA Images retains all copyright and other intellectual property rights in the epa material. The major part of the EPA Images Content is contributed by epaimages’ staff photographers and stringers. However, some material in the Content is contributed by third parties such as shareholding agencies and a few other partners.
4.2 The Client may not claim any proceeds of any use of the licensed Content from any third party.
4.3 Licensed Content must be credited to epaimages, as follows: " EPA / Photographer Name".
5. License Fee and Delivery
5.1 The License Fee depends on the type of the rights granted and must be paid in full in advance as stated in the Invoice.
5.2 Access to the licensed Content will be given automatically to the Client through the Website once the License Fee is paid in full.
6. Termination and License Cancellation
6.1 EPA Images may terminate this Agreement at any time if the Client breached any term of this Agreement. Specifically, the use of Content in any unauthorized manner constitutes a breach to this Agreement and may result in its termination or constitutes a copyright infringement.
6.2 Cancellation requests must be made in writing and submitted to email@example.com within 30 days of purchase and before the licensed Content is downloaded. Payments are non-refundable if the cancellation request is received more than 30 days after receipt of the Content and if the licensed Content was already downloaded. In the event of cancellation, all rights to use the Content will end and all copies of the Content must be deleted.
7. Warranties and Liabilities
7.1 EPA Images warrants that all licensed Content does not infringe any copyright or other intellectual property rights of the creator of the applicable licensed Content.
7.2 Although EPA Images takes all reasonable steps to ensure the accuracy of its Content, it does not warrant that the Content will be free from errors.