Effective Date: October 22, 2014
Trademark & Copyright Notice
Access and Use of the Fox Sports Press Pass Site
The Fox Sports Press Pass Site is a business to business site that is available only to third-party marketing and news outlets that have registered with FSD through the Fox Sports Press Pass registration page and have been authorized by FSD to access, view, use and download Materials (as defined below) for use in the promotion and marketing of the Programming (as defined below) by the marketing or news outlet (each, an “Authorized User”). Any use by a non- Authorized User is strictly prohibited. By registering with FSD, you acknowledge and agree that you have the necessary authority to enter into and agree to these Fox Sports Press Pass Additional Terms on behalf of your company.
Authorized Users are hereby authorized to use the Fox Sports Press Pass Site and the Materials subject to the following restrictions:
All Materials (as defined below) contained in or provided through the Fox Sports Press Pass Site are being supplied to you solely for your company’s use in the advertisement and promotion of the Fox Sports programming. The names, likeness, and all other creative elements of the FSD television programming ("Programming") clips, photos and any other materials contained in or provided through the Fox Sports Press Pass Site, including, without limitation, the titles, images, themes, artwork, show imagery and associated metadata, episodic description and distinctive lettering of the Programming (collectively, “Materials” or “materials”), are protected under the copyright and trademark laws of the United States and all countries throughout the world. Under these laws, the copyright and trademark owner has the exclusive worldwide right to control the use and reproduction of its copyrighted material and trademarks in all media now known or which may come into being in the future. Most jurisdictions provide that substantial civil and criminal penalties may be imposed for violation of these rights.
In no event shall the names and/or likenesses of any person or other entity appearing in or connected with the production of any Programming be used separately and apart from the advertising of the exhibition of such Programming, and no such name or likeness shall be used so as to constitute an endorsement or testimonial, express or implied, of any party, product or service (including but not limited to your company, or any product or service of your company) nor shall you promote any Programming in a manner that would appear to be defamatory or derogatory towards any such person or entity or the Programming as a whole.
In addition, neither any name, logo or Programming of FSD's or Twentieth Century Fox Film Corporation or its affiliate’s name or logo nor any Programming or any part of any Materials may be used in such a way as to constitute an endorsement or testimonial, express or implied by FSD, with respect to any party, product or service, including your company and/or any other service provided by you (other than any implied endorsement resulting from your authorized exhibition of such Materials).
FSD has not authorized you or your company to license, sell or otherwise grant rights in the Material contained in or provided through the Fox Sports Press Pass Site to any party. If you make copies of any of the Material contained in or provided through the Fox Sports Press Pass Site, either in whole or in part, each copy must bear all the proper trademark and copyright notices.
The limited permitted use of the Material does not confer or imply a license or grant rights of any kind. Material created by you with FSD's permission which incorporates any names, likenesses or other creative elements of any of the Materials is at all times FSD's property and must be immediately returned to FSD upon request. In using the Fox Sports Press Pass Site or Materials, you acknowledge and agree that FSD may notify you or your company at any time that the limited permission granted to you and your company to use the Materials for promotional or advertising purposes has been revoked. If you receive such a notice from FSD, you and your company agree to immediately return to FSD all Material downloaded by you, and any Material created by you or your company from such downloaded Material, which is in your possession or control and not allow further use of any such Material after FSD’s notice.
NOTE: FSD’s right to the titles, images and artwork and other material associated with the Programming represents a substantial investment by FSD of its financial and creative resources. FSD will take all steps necessary to enforce its rights and to protect its valuable proprietary interests in this property. Toward that end, FSD will hold liable any individual or entity responsible for any unauthorized use of the property and will prosecute against those who have contributed to any such unauthorized use to the fullest extent of the law.
Guidelines for Promoting FSD Programming on the Internet: and Authorized User’s On Demand Services and Linear Broadcast Services
These Guidelines for promoting FSD Programming through the Internet, and Authorized User’s On Demand Services and Linear Broadcast Services are supplemental to any applicable License Agreements between FSD and your company governing the license of FSD Programming. In the event of any conflict between the Fox Sports Press Pass Additional Terms and the License Agreement, the License Agreement shall control. In addition to complying with these Guidelines, Authorized User (and, if applicable, permitted sublicensees) must also comply with the terms and conditions concerning advertising and promotion contained in the applicable License Agreements or provided to your company by FSD pursuant thereto, including all restrictions set forth in the Fox Sports Press Pass Site.
1.1 Reference to FSD Programming and photos, stills, illustrations (collectively, "Photos") and clips from or of FSD Programming may only be used in promotional pieces relating solely to the upcoming exhibition of such Programming on Authorized User's On Demand Services, station or Linear Broadcast (“Program Service”), and not in connection with any commercial tie-ins or promotions of other products or the general promotion of Authorized User's Program Service. In addition, Photos and clips cannot be used as part of any game, contest, lottery or sweepstake without FSD’s prior written consent.
1.2 There must be language near each Photo or clip that specifically promotes the upcoming exhibition of the FSD Programming on Authorized User's Program Service. The promotion must be written in the same language as that authorized for the exhibition of such Programming in the License Agreement. Photos and clips must be removed from Authorized User's website or Program Service prior to the expiration of Authorized User's license period for such Programming.
1.3 The promotion of FSD Programming on Authorized User’s website shall not be targeted to potential viewers located outside the territory in which Authorized User is authorized to exhibit such Programming under the License Agreement.
1.4 Authorized User shall not use any copyrighted work, trade or service mark of FSD or Twentieth Century Fox Film Corporation or any of its affiliates or any elements of any FSD Programming as part of a domain name or website name (or any part thereof), or in any manner other than as authorized herein or in the License Agreements.
1.5 With respect to Photos from television series, Authorized User may only use those specifically authorized or approved by FSD.
1.6 Authorized User may not alter any Photo or clip used in the promotion (e.g., Authorized User may not significantly crop a Photo, change hair color, poses, etc., or change or add a soundtrack to any clip).
1.7 Authorized User is permitted to place Photos and/or clips on its website, as set forth herein, solely to promote the FSD Programming in a manner authorized herein or in the License Agreements. Authorized User may not create an on-line archive of such Photos or clips.
1.8 Authorized User's advertising and promotional activity in relation to FSD Programming shall not be conducted to generate revenue or otherwise be a profitmaking activity, other than as an incident of any increased viewership of the Programming.
1.9 Authorized User must forward any third party requests to use Photos or clips to FSD’s Clip Licensing Department: email: email@example.com.
1.10 Appropriate notices restricting the use of each Photo and clip for the personal, non-commercial use of the viewer must be juxtaposed next to such Materials.
1.11 The appropriate trademark and copyright information must be included near each Photo and clip as given to Authorized User by FSD’s Clip Licensing Department.
1.12 If using a Photo for promotion of a television series, all of the individuals in the Photo must be series regulars unless the promotion is with respect to a specific episode. For example, if Authorized User posts a Photo from a specific episode of a television series, the Photo may contain any individual that appears in that episode, provided that particular episode is being promoted and, provided further, the Photo does not remain on Authorized User's website after the exhibition of the particular episode being promoted. Photos that contain only series regulars can stay on Authorized User's website as long as Authorized User has the right to exhibit any episode of the series.
1.13 Authorized User may use one clip from a television series for Episodic Promotion and one clip from such television series for Franchise Promotion at any one time on Authorized User's website. If using a clip for Episodic Promotion of a television series, the clip may not remain on Authorized User's website after the exhibition of the episode from which the clip is taken. If using a clip for Franchise Promotion of a television series, all of the individuals in the clip must be series regulars.
1.14 The Materials made available through the Fox Sports Press Pass Site shall only be used to promote the specific episodes of a television series for which the Materials relate and not for Franchise Promotion. Authorized User may only use Materials for one episode at any one time on Authorized User's website and may not remain on Authorized User's website after the exhibition of such episode. The Materials must include a call-to-action to promote the upcoming exhibition of such episode on Authorized User's program service or station. Assets can only be used on Authorized User's website and cannot be used for broadcast purposes
1.15 Photos placed on Authorized User's website may not be of downloadable quality. A Photo will be considered of downloadable quality if it exceeds 72 dpi.
These Guidelines are subject to change by notice to Authorized User from FSD. In addition, FSD may, at any time upon notice to Authorized User, withdraw Authorized User's right to promote FSD Programming on the Internet or Program Services.
1. OBJECTIONABLE MATERIAL: You understand that the Fox Sports Press Pass Site may contain content that may be deemed offensive, indecent, or objectionable, which such content may or may not be identified as having explicit language or content. Nevertheless, you agree to access and/or use the content at your sole risk and that FSD shall have no liability to you for any content that may be found to be offensive, indecent, or objectionable.
2. INTELLECTUAL PROPERTY:
a. Acknowledgement of Ownership. You agree that the Materials, including but not limited to video, audio, music, graphics, images, software and text contains proprietary information and Material that is owned by FSD and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or Materials in any way whatsoever except as permitted by and in compliance with the Fox Sports Press Pass Additional Terms.
b. Removal of FSD Content or Other Materials. Notwithstanding any other provision of these Fox Sports Press Pass Additional Terms, FSD and its licensors reserve the right to change, suspend, remove, or disable access to the Fox Sports Press Pass Site and any or all Materials at any time without notice. In no event will FSD be liable for the removal of or disabling of access to the Fox Sports Press Pass Site or the Materials.
c. Copyrights. All copyrights in and to the Fox Asset Hub and the materials, are owned by FSD, Twentieth Century Fox Film Corporation and/or its affiliates or licensors, who reserve all their rights in law and equity. THE USE OF THE FOX ASSET HUB SITE OR THE MATERIALS OR ANY PART OF THEREOF, EXCEPT FOR USE AS PERMITTED IN THESE ADDITIONAL FOX ASSET HUB TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
3. ENFORCEMENT OF THESE Fox Sports Press Pass Additional Terms: FSD reserves the right to takes steps FSD believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Fox Sports Press Pass Additional Terms (including but not limited a third party claim that your use of the Programming, Photos or clips is unlawful and/or infringes such third party's rights). You agree that FSD has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, and/or a third party, as FSD believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Fox Sports Press Pass Additional Terms.
4. General: FSD’s failure to enforce any right or provisions in these Fox Sports Press Pass Additional Terms will not constitute a waiver of such provision, or any other provision of these Fox Sports Press Pass Additional Terms. If any provision of these Fox Sports Press Pass Additional Terms is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. FSD will not be responsible for failures to fulfill any obligations due to causes beyond its control.