Getty Terms and Conditions
- The Getty-attributed portions of the Licensed Materials shall not be displayed for a period longer than 10 (ten) days after the initial display, but the Getty-attributed photos may be archived and displayed in perpetuity in the context of such original usage (i.e. but not reused in any new or separate use).
- Getty-attributed photographs shall not be used in a “slide-show” or “photo-gallery” or any other photo-only type of display.
- Licensee shall not interfere with any digital rights management systems/tools which are in place regarding the Getty-attributed portions of the Licensed Materials, and shall comply with all use restrictions/instructions which accompany any photo provided under this Agreement.
- At any time during the Term, solely at Getty’s direction, STATS shall have the right to discontinue its provision of the Getty-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 Getty as to the manner in which the Getty-attributed content are displayed. In such an event, STATS and Licensee will discuss, in good faith, a pro-rata reduction in the license fees.
- With respect to Getty-attributed photographs, Licensee agrees to display the following copyright notice and credit in connection with all uses of these portions of the Licensed Materials: (a) “Copyright xxxx [where xxxx denotes the current year] NBA Entertainment. Photo by [Photographer’s Name]/NBAE/Getty Images” (for NBA/WNBA/NBDL photos), or (b) “Copyright xxxx [where xxxx denotes the current year] Getty Images. Photo by [Photographer’s Name]/Getty Images” (for all other photographs)
- Licensee may use the Licensed Content for editorial purposes only (i.e., in connection with events or topics that are newsworthy or of general public interest, expressly excluding any commercial uses such as for promotional, advertorial, endorsement, advertising or merchandising purposes or as part of a photo gallery) on the following properties checked off below
- Notwithstanding the rights granted herein, the Licensee acknowledges that no model or property releases have been obtained for use of news, sport, entertainment or archive content and that neither Getty nor Stats Perform provide any rights or makes any representations or warranties with regard to the use of people, names, sports leagues/clubs, trademarks, logos, registered or unregistered or copyrighted designs or works of art depicted in any of such content. If applicable having regard to the Licensed Materials’ Permitted Usage, the Licensee shall be solely responsible for obtaining any necessary approval from the respective sport’s governing body for any athletes, propriety marks or other respective intellectual property included in the content and/or the approval of any applicable person featured in the content.
- The Licensee must in all cases also abide by any restrictions or limitations which is notified to it subsequently to the Licensee downloading Licensed Materials by either Getty, Stats Perform or a third party sports league/governing body responsible for the event at which the Licensed Content was captured. In the event that a sports league or governing body objects to the Licensee’s use of Licensed Content taken at an event organised/credentialed by that league or governing body, (either directly to the Licensee or through Getty or Stats Perform) the Licensee agrees that its rights with respect to such Licensed Content shall immediately cease and that the Licensee must immediately withdraw such use complained of. Further, in the event that Getty or Stats Perform otherwise reasonably believes that the Licensee’s continued use of the Licensed Content may subject the Licensee, Getty or Stats Perform to liability, Getty or Stats Perform will notify the Licensee and the Licensee will cease display of the applicable Licensed Content. In the event of any of the foregoing, the Parties will discuss the specific concerns in good faith, in conjunction with any applicable governing body, and Getty and/or Stats Perform agrees to revoke any such suspension if such concerns are addressed.
- Without prejudice to any other restrictions that apply, under no circumstances may Licensed Content be used in a manner that wrongly implies authorisation by or association with an event organiser, sports league, team, player or other third party.
- This clause 4 applies where Licensed Content is used, directly or indirectly, in connection with any Betting Activity or Fantasy Sports Activities (or anything analogous):
- All Licensed Content to appear and be used in an editorial context only, e.g. packaged with text, stats, graphics etc. No commercial, advertising or promotional use without permission.
- Online use only, to illustrate current news articles, content, stats/graphics etc. Unless the Licensee has permissions from the applicable governing body, the following sports should not be used for Betting Activity: Olympics/NCAA/Masters Golf/English Premier League
- Licensed Content may not be used in direct connection with any gambling/betting uses, odds offer, promotion etc.
- Except where editorial products are made available to for Fantasy Sports Activities, Licensed Content may not be included in any Fantasy Sports Activities.
- The Licensed Content may not be used as part of permanent site navigation, page headers/graphics;
- Any webpage or social media post upon which Licensed Content appears must not also contain any odds or call to betting action, and any social media posts must not link direct to webpages that contain such odds or call to betting action; and
- There must be no juxtaposition of Licensed Content or league/team/player logos with any Licensee logos or commercial branding that might imply commercial association where none exist.