The AP-attributed portions of the Licensed Materials shall not be held in Licensee’s computers or stored in another medium for more than thirty (30) days, and AP-attributed photographs shall not be used in a “slide-show” or “photo-gallery” or any other photo-only type of display.
Upon receipt from Stats Perform or AP of a “kill,” “elimination,” “withheld,” or “correction” directive, Licensee will promptly process such directive, and, if applicable, replace affected material and notify users of the changed status of the affected material. Such replacement or notification shall be conspicuous and shall take place promptly by way of publication in any of the following locations, or in any other locations that Stats Perform and/or AP deem to be appropriate: (a) in the same location as the original material appeared, or (b) in a location reachable by the same pathways as the original material, or (c) in a location reachable through a search function, or (d) in a correction box if provided by AP.
Licensee shall abide by all advance, hold for release, or embargo notices on any AP-attributed portions of the Licensed Materials. Licensee shall adhere to all restrictions on any AP-attributed portions of the Licensed Materials, including all geographic restrictions. Licensee shall not display any material which is labeled or otherwise identified as “advisory,” “on-line out” or “not for publication.”
Some AP-attributed portions of the Licensed Materials may include proprietary information or components from third parties that are or may become subject to additional terms, conditions or restrictions, including without limitation, attribution requirements. Licensee agrees to be bound by the terms, conditions and restrictions which AP and/or Stats Perform notifies to the Licensee in writing from time to time governing such third-party information or components.
Licensee shall not interfere with any digital rights management systems/tools (including any copyright protection mechanism or copyright management information system, including any watermark, or digital identification capabilities) which are in place regarding the AP-attributed portions of the Licensed Materials, and shall comply with all use restrictions/instructions which accompany any photo provided under this Agreement. Notwithstanding any other term of this Agreement, the Licensee acknowledges that all third-party sports team logos from the AP Graphics Bank service (the “Sports Team Logos”) are merely supplied by Stats Perform and Stats Perform has no right to grant any licence to the Licensee to use such Sports Team Logos. Any use of the Sports Team Logos shall be at the Licensee’s own risk and the Licensee shall be solely responsible for ensuring that the Sports Team Logos are used lawfully and not in a manner that infringes the rights, including the Intellectual Property Rights, of any third party. The Licensee will indemnify Stats Perform on demand in respect of any and all losses, liabilities and costs (including reasonable legal fees) resulting from a third-party claim against Stats Perform which arises from any use of the Sports Team Logos by the Licensee.
Stats Perform conveys no trademark rights or rights of personality or publicity in any AP-attributed portions of the Licensed Materials. Stats Perform grants the Licensee the right to use AP images (save for the Sports Team Logos) solely in an editorial context and Stats Perform does not obtain, convey or deliver any releases or grant any other third party rights in connection with any AP images including any right to use the names, personalities, trademarks, logos, registered or unregistered copyrighted designs or works of authorship depicted in any AP image for any other purposes.
Stats Perform does not guarantee the sequence, accuracy or completeness of any information in the AP-attributed portions of the Licensed materials and shall not be held liable in any way (except as already stated in this Agreement) for any loss, damage or claims resulting from use of the AP-attributed portions of the Licensed Materials, or any delays, interruptions, inaccuracies, errors or omissions therefrom or for any damage arising therefrom or occasioned thereby.
At any time during the Term, solely at AP’s direction, Stats Perform shall have the right to discontinue its provision of the AP-attributed portions of the Licensed Materials to Licensee, upon five (5) days’ written notice to Licensee, if Licensee does not, or is unable to, make any changes requested by AP as to the manner in which the AP-attributed content are displayed. In such an event, Stats Perform and Licensee will discuss, in good faith, a pro-rata reduction in the license fees.
With respect to the AP-attributed portions of the Licensed Materials, Licensee agrees to display the following copyright notice in connection with all uses of these portions of the Licensed Materials, accompanied by the “AP” logo (as provided by Stats Perform to Licensee): “Copyright xxxx [where xxxx denotes the current year] Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.” Licensee shall also display the following credit or attribution provided by Stats Perform with respect to each item covered by this paragraph: (i) For text: (AP) or By The Associated Press, [Writer’s byline], accompanied by the “AP” logo; (ii) For photos: include the credit as listed in the caption for the particular photo.
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