Third Party Images Addendum

Last Updated: March 1st, 2019

Third Party Images Addendum

 

For purposes of this Third Party Images Addendum, Licensee shall be referred to as “Customer” and Sportradar shall be referred to as “Company” herein.

 

1.     Third Party Images

1.1  Third Party Images is licensed for one time editorial use from the applicable third party provider (“Third Party Provider”). Use is restricted to editorial inclusion in Customer’s own products or those it sells in its ordinary course of business, and not for resale, trade, packaging, promotion, standalone use or advertising. Additional use requires additional payment pursuant to a separate agreement with the Third Party Provider.

2.      Additional Terms

2.1  The following additional terms shall apply as follows:

a) Third Party Images and/or any person portrayed within such Third Party Images shall not be;

 i. portrayed in a pornographic, defamatory, deceptive, obscene or illegal context or in a manner that could be considered libelous.

 ii. used in a manner that infringes upon any third party’s trademark or other intellectual property rights or would give rise to a claim of deceptive advertising or unfair competition.

 iii. used as a trademark, service mark, logo, or other indication of origin, or as part thereof.

 iv. falsely represented, expressly or impliedly, in a manner that portrays the Third Party Images as created or owned by Customer or any person other than the copyright holder of the Third Party Images.

 v.  altered or manipulated, except for, related to images, normal image enhancements or cropping.

 vi.  used in a sensitive manner without a disclaimer.

 vii.  used in connection with "on demand" products (e.g., products in which a licensed image is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items.

 viii. used in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

b)   Customer acknowledges that it will comply with any applicable laws which may protect the privacy and the publicity rights of individuals with respect to the use of their name, portrait or image. Customer is responsible for obtaining at its own cost any necessary rights clearances from third parties relating to the Third Party Images prior to publishing, including (by way of example only) clearance from people whose images appear in the Third Party Images and/or clearances in respect of buildings, works of art, public monuments and/or other inanimate objects which appear in the Third Party Images and which may be protected by copyright or privacy rights. Third Party Provider and Company accept no responsibility for obtaining and/or assisting Customer in obtaining clearance of any of these third party rights.

c)   Customer shall promptly inform Company about any unauthorized use that Customer becomes aware of in relation to Third Party Images.

d)  Customer shall protect all Third Party Images within its systems from unauthorized copying and Third Party Images shall be protected at no less than the level of protection given to similar content or Customer’s own content.

e)  Customer agrees and acknowledges that their terms and conditions contain all applicable obligations and restrictions herein, including but not limited to;

 i. Third Party Images is subject to intellectual property rights of Third Party Providers and Customer or any other third party will not acquire any intellectual property rights or similar rights in the Third Party Images.

 ii. End users are permitted to make non-commercial use of Third Party Images only and are prohibited from using data mining, robots or similar gathering or extraction methods.

f)  Third Party Provider and Company will have the right to obtain appropriate corrections, embargoes, ‘kills’ and other remedies directly from Customer. Customer shall observe any conditions passed along from the Third Party Provider regarding use, access, storage or display of the Third Party Images, including complying with any court ruling or ruling a competent authority may impose. Should a Customer violate this Agreement in relation to Third Party Images or violate any requirements or agreements between Customer and Third Party Provider, Third Party Provider and its affiliates will have the right to have Customer’s access to Third Party Images terminated without notice.  

g) Although Third Party Provider makes every effort to ensure the accuracy and reliability of Third Party Images, Customer acknowledges that Third Party Provider is not liable for any loss, cost or damage arising out of any misuse, inaccuracies, errors or omissions in the information contained in the Third Party Images or related services. Customer agrees that Third Party Images is provided to Customer without any warranties of any kind, either express or implied, including, but not limited to, warranties as to merchantability, satisfactory quality or fitness for a particular purpose except for any warranties which are incapable of exclusion, restriction or modification under law.

h)  Customer agrees to indemnify the applicable Third Party Provider, its subsidiaries, affiliates, employees, agents, and licensors from any and all loss and damage (including, without limitation, all legal and other professional fees) incurred by them or any of them in relation to any claim brought by any third party or any Third Party Images which is caused by Customer being in breach of this agreement or acting in a manner inconsistent with any of the warranties, representations or acknowledgements made by the Customer.

i) Customer acknowledges and agrees that within 12 months of receipt of the Third Party Images or upon the expiration or termination of this agreement, Customer will use commercially reasonable efforts to remove Third Party Images from its website, application, or other products and from any database or storage system. 

j)  Third Party Provider and its affiliates are third party beneficiaries of this Addendum, with the right to enforce its terms directly.

k) Third Party Provider retains the full copyright and ownership of its websites and systems, and where applicable, certain images are copyright by the photographer. The appropriate credit line must accompany Third Party Images as indicated in the caption.

l)  Customer shall not remove or conceal any copyright, trademark or other proprietary notice incorporated in the Third Party Images and will properly credit any Third Party Images which it publishes. Customers who license Third Party Images shall display the following copyright notice, updated each year, along with the Third Party Provider graphic logo, on each item of Third Party Images used verbatim or substantially verbatim on the Properties;

Copyright 2017* [Third Party Provider – insert name]. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

m) Subject to any technical or space limitations, Customers who license Third Party Images shall display the following credit or attribution for each item or portions of Third Party Images used on the Properties;

 By way of an example only;

 Text: (AP)  or “by  The  Associated  Press”  and  the  writer’s  byline  and  visual representation of “AP” logo.

 Photos: Include the credit listed in the caption provided for the particular image.

 Other Content: Identify the source of the Content, as the same is listed in the metadata accompanying the Content.

 

Previous version: August 11th 2017