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Laureus Media Archive Terms of Use

Last updated: February 2019

 

About Laureus World Sports Awards Limited and these Digital Archive Terms of Use

Laureus World Sports Awards Limited has its registered offices at 15 Hill Street, London, W1J 5QT. In these Digital Archive Terms of Use (hereinafter referred to as “Terms of Use”), we use the term Laureus (and "we", "us" and "our") to refer to the head office of Laureus World Sports Awards Limited at the registered address above and its affiliates.

These Terms of Use govern your use of Laureus’ online digital archive platform (together the “Platform”) that provides you with access to current information, images, audio-visual materials and articles relating to Laureus and/or its services (the “Content”).

Use of the Platform and access to the Content therein is restricted to use by journalists, registered sponsors, press and communication professionals who have been expressly authorised by Laureus. Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platform.

Updates to these Terms of Use

We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.

Registration and access to Platform

To access and use certain parts of the Platform, you may be required to register and provide certain information about yourself. When you register, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (“Registration Data”); and

(b) notify us in the event that your Registration Data changes.

Where you register to access and use the Platform, you will be allocated a username and password which must be used solely by you. Sharing your username or password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

(a) maintain the security of your username and password and be fully responsible for all use of the Platform made using the same;

(b) immediately notify us if you suspect or become aware of any unauthorised use of your username or password or any other breach of the Platform’s security by sending an email giving details of the unauthorised use or other breach to data.protection@laureus.com; and

(c) ensure that you log out of your account at the end of each session.


We accept no liability for any losses, damages or costs arising from or in relation to your failure to comply with these requirements.

We have the right to disable your username and password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

How we may use your Personal Information

We will only use your personal information in accordance with the terms of our Privacy Policy, which governs our use of your data collected on our Platform, as well as our standard information collection practices.

Intellectual property rights and limited licence

Laureus maintains the Platform as a working tool, notably to facilitate access to the Content for Users for editorial purposes only, for example in connection with the preparation of articles and press reviews for publication in newspapers, magazines, specialist blogs or websites (the “Prescribed Purposes”).

You recognise that all Content available from the Platform is proprietary information and, as such, is protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. All Content is either Copyright © Laureus World Sports Awards Limited or is licensed for use by Laureus. All rights are reserved.

You are granted a non-exclusive, non-assignable worldwide right to reproduce the Content for the Prescribed Purposes within news organisations, broadcast media, online media and print media. You are authorised to adapt or modify Content exclusively to satisfy technical requirements necessary for the publication or media on which it is used, such as adjustments for internet press sites, provided that such modification or adaptation does not compromise the integrity of the image and/or person represented therein. The right to otherwise adapt, modify, crop or create derivative works from any Content is expressly prohibited.

You understand that where Content has been acquired by Laureus under license from image banks or archives, you will pay special attention to and respect all instructions provided in the Platform, and expressly agree to include copyright notices and/or other credits as may be indicated next to the Content in accordance with the licence provided by said image banks, archives or other source. You are further advised that the omission of any notice or credit could be the cause of claims against Laureus.

In addition where videos contain music, you may be required to declare your use and reproduction of the video to the relevant collecting societies.

Unless otherwise indicated in the Platform, the following photographic credit must appear adjacent to any images: Copyright “©Laureus World Sports Awards Limited”. All rights reserved.

Nothing contained in these Terms of Use will be construed as granting, by implication or otherwise any right or licence with respect to the name, likeness or other characteristic of any person who appears in any image.

Trademark notice

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platform are registered, unregistered or otherwise protected Laureus trademarks or are licensed for use by Laureus by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platform should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Laureus’ prior written permission or that of such third party who owns the trademark, with the exception of use that is expressly permitted by these Terms of Use. Misuse of any trademark displayed on the Platform, or any other content on the Platform, except as provided herein, is strictly prohibited.

Your obligations and acceptable use

You agree to the following conditions of use in respect of the Content:

(a) to respect all embargo dates on releases and/or publication of press notices;

(b) to use specified attributions for images where specified on the Platform when using the Content for editorial purposes;


(c) not to use any of the Content in such a way that would violate the personality rights, rights of privacy or publicity of any person who appears in any such image;

(d) to be responsible for obtaining the necessary releases and permissions to use the name, likeness or other characteristics of any person as may be required;

(e) not to use any images or other content in a manner which suggests sponsorship or other endorsement by Laureus, or any person or business portrayed in the image of any third party product or service;

(f) not use any images in any way that could be construed as derogatory, defamatory, pornographic or illegal;

(g) not sell, share, distribute or make images available for downloading through syndication platforms or communicate any images to a publically available image archive or archive content in a database and more generally use in any way whatsoever except for the Prescribed Purposes as set out herein; and

(h) make such declarations and pay such licenses as may be required to local collecting societies for your use.

You may use the Platform only for lawful purposes. You may not use our Platform:

(a) In any way that breaches any applicable local, national or international law or regulation.

(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

(c) For the purpose of harming or attempting to harm minors in any way.

You also agree:

(a) Not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of these Terms of Use.

(b) Not to access without authority, interfere with, damage or disrupt:

(c) any part of the Platform;


(d) any equipment or network on which the Platform is stored or hosted;

(e) any software used in the provision of the Platform; or

(f) any equipment, network or software owned or used by any third party.

Limitation of liability

This section applies to the Platform. Laureus tries to ensure that the information provided is accurate and complete. However, Laureus does not warrant or represent that the Content is accurate, error-free or reliable or that use of Content will not infringe rights of third parties.

Laureus does not warrant that the functional and/or technical aspects of the Platform or the Content will be error free or that the Platform, Content or the servers that make them available are free of viruses or other harmful components. If use of the Platform or Content results in the need for servicing or replacing property, material, equipment, data or other element, Laureus is not responsible for those costs. Without limiting the foregoing, everything on the Media Centre is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Laureus and its suppliers make no warranties about the Content, software, text, downloads, graphics, and links, or about results to be obtained from using the Platform.

To the fullest extent permitted by applicable law, Laureus shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platform or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Laureus has been advised of the possibility of such damages.

Your indemnity

You understand and agree that non-compliance with these Terms of Use could cause irreparable damage to Laureus and/or its affiliates. Consequently, You shall indemnify Laureus and its affiliates against all damages (except punitive damages), liabilities, and expenses (including reasonable attorneys' fees and permitted and authorised costs), arising out of or as a result of claims by third parties relating to your use of any Content from the Platform or any breach of these Terms of Use.

Termination and suspension

You agree that Laureus may terminate or suspend your access to and use of the Platform if Laureus reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Laureus, its affiliated companies or any third party, with or without notice to you. In this event, you must immediately destroy and/or delete any copies you have made of the Content in any format.

You agree that Laureus may modify or discontinue providing the Platform, with or without notice to you. You agree that Laureus will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.

General provisions

Unless otherwise specified, the information and materials presented on the Platform are presented solely for the Prescribed Purposes. Laureus makes no representation that Content is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Content may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platform may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature between us, whether oral or written, in relation to such subject matter.

The waiver by Laureus of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

Applicable law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use.

Contact us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided here:

Data Protection
Laureus World Sports Awards Limited
15 Hill Street
London
W1J 5QT

Email: data.protection@laureus.com