EPA Images Terms and Conditions
These terms and conditions constitute a legal agreement (hereinafter referred to as the “Agreement”) between you and European Pressphoto Agency B.V. (hereinafter referred to as “EPA Images”, “we” or “our”), that form the entire agreement between you and EPA Images regarding the use of the website. The Agreement sets out the rights and obligations of all users regarding the use of the website.
Please read this Agreement carefully before you continue to use our website or Order any photos or videos.
Your access to and use of the website is conditioned on your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who access or use the website.
By accessing or using the website, you agree to be bound by this Agreement. If You disagree with any part of this Agreement then you may not access the website.
1.1 Account: means a unique account created for you to access our service or parts of our service.
1.2 Content: means the photo or video available on the EPA Images' website that you have selected and wish to license, and which is identified on the invoice.
1.3 Orders: means a request by you to purchase a license for Content from EPA Images.
1.4 Website: means the website owned and operated by EPA Images, accessible from https://epaimages.com/
1.5 You: means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.
2. User Accounts
2.1 When You create an account with EPA Images, You must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of Your account on our Website.
2.2 You are responsible for maintaining the confidentiality of Your account information, in particular Your password, and for all activities or actions that occur under Your account.
2.3 You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
3. Copyright Policy
3.1 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 EPA Images’ staff photographers and stringers. However, some material in the Content is contributed by third parties such as shareholding agencies and a few other partners.
3.2 All Orders are subject to the License Agreement.
4. Placing Orders for Content
By placing an Order for a license for Content through the Website, You warrant that You are legally capable of entering into binding contracts.
5. Your Information
5.1 If You wish to place an Order on the Website, You may be asked to supply certain information relevant to your Order including, without limitation, your name, your email address, your phone number, your credit card number, the expiration date of your credit card and your billing address.
5.2 You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
5.3 By submitting such information, You grant us the right to provide the information to our payment service provider for purposes of facilitating the completion of your Order. For details, please see “9. Payments”.
6. Order Cancellation
6.1 We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Inaccurate information provided
- Errors in your Order
6.2 We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
6.3 The EU right of withdrawal does not apply to digital goods. The user acknowledges and accepts this EU exception by purchasing and/or downloading the items on this site.
7. Errors and Suspension
7.1 EPA Images does not guarantee that the Website will be free of errors or interruptions. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time.
7.2 EPA Images holds the right to modify or suspend, whether temporarily or permanently, the Website, or any section of it, with or without notice. In that case, EPA Images shall not be held liable for such modification or suspension.
8. Prices Policy
EPA Images reserves the right to revise its prices at any time prior to accepting an order.
9.1 We use Mollie, a payment service provided by Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, the Netherlands, to process all payments made through our website. Through this service, we offer the following payment methods:
- Direct transfer
- Credit Card (Visa, MasterCard, American Express)
9.2 Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.
10.1 We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach this Agreement.
10.2 Upon termination, your right to use the Website will cease immediately. If You wish to terminate your Account, You may simply discontinue using the Website.
11. Limitation of Liability
11.1 EPA Images shall be liable without limitation for intentional and grossly negligent actions, for injuries to life, body or health, and in the event of a breach of an express warranty or essential contractual obligations, on the performance of which You could reasonably rely (so-called cardinal obligations).
11.2 Insofar as EPA Images is liable for violations of cardinal obligations, its liability shall be limited to compensation for the damages that are foreseeable and typical for the type of service. In any case, the liability of EPA Images shall be limited to 12 times the fee to which EPA Images is entitled to your Order.
11.3 The liability of EPA Images in all other cases, including for indirect financial loss, is excluded.
12. Data Protection
13. Governing Law and Disputes Resolution
13.1 This Agreement shall be construed and governed by German law. The place of jurisdiction is Frankfurt am Main.
13.2 Any disputes arising out or pertaining to this Agreement shall be first resolved by the Parties through negotiations.
14. Severability and Waiver
14.1 If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14.2 Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15. Changes to These Terms and Conditions
15.1 We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15.2 By continuing to access or use our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.
15.3 Our terms and conditions were last updated on 22 September 2022.
16. Contact Us
If you have any questions about this Agreement, You can contact us by sending an email to firstname.lastname@example.org