STANDARD TERMS AND CONDITIONS FOR USE OF IMAGES
This
Internet web site (hereinafter the "Archive(s)") is provided by Laureus World
Sports Awards Limited ("Laureus"), a company registered on the Register of Companies for
England and Wales, company registration number 3822952, registered office
address at 15 Hill Street, London, W1J 5QT, with a VAT number of GB 751 8171 30.
The
Archives are expressly designed, offered and published for use by registered sponsors,
press and communication professionals only (hereinafter "Users" or "you" or "your").
Laureus
provides this service to Users, for downloading images and articles in relation
to Laureus and/or its services, subject to the following terms and conditions ("Terms").
Laureus may revise these Terms from time to time by updating this posting, with
the revised Terms taking effect for all Users as of the date stated on the
posting. Consequently, Users should consult the Terms regularly.
Please
read these Terms carefully before using the Archives. Users expressly
acknowledge that they have been advised of these Terms upon entering the
Archives and have had access to the same.
Consequently, by using the Archives, Users
signify their assent and agreement to these Terms. If a User does not agree to
these Terms, then he/she is not authorised to continue to use, access or
consult the Archives.
Access
and Registration to the Archives
The
Archives is accessible via the Internet, and is solely limited to Users.
By
registering with the Archives and using the login and password, the User expressly
agrees to the Terms of the Archives.
If you do not agree with any of these Terms, please exit the Archives now and notify Laureus that your login and password should be deactivated and deleted from the system. By using the Archives, you agree to comply with, and to be bound by these Terms.
To enter
the Archives, Users will have to register for use of the service, the form of
which is available on the website www.laureusarchives.com.
The e-mail
address and password selected will enable each User to be identified and to
have access to the Archives. They are personal and confidential and can only be
modified upon request of their owner. Each User is entirely responsible for use
of its e-mail address and password, and undertakes to keep them confidential
and not to disclose them to any third party in connection with the Archives. In
case of loss or robbery of a Users password, the User is to immediately inform
Laureus.
Use of
Materials on this Archives
The User may use approved images made available via the Archives for editorial purposes ONLY and for no other
purpose unless you have the written consent of Laureus.
Except as noted below, Users may download one computer
copy or print one copy of the material on this Archives for their own
non-commercial, educational, private or domestic use only, provided that
proprietary notices, in particular intellectual property notices such as
copyright© and/or trademark™ are preserved in tact and are neither modified,
nor deleted nor changed. Unless otherwise stated, Users should assume that
everything they see or read on the Archives (such as images, photographs,
including any person represented in the photographs, illustrations, icons,
texts, video clips, written and other materials) ("Laureus Material")
are protected by legislation such as copyright, designs and trademark laws and
under international treaty provisions and national copyright laws worldwide,
unless otherwise noted.
Laureus is not responsible for providing the Archive images in any form or format other than the format offered through the Archives and makes no warranties or representations as to its suitability or adaptability for use by Users on external web sites, mobile applications, and/or in any print form.
Intellectual
Property
The
Archives in its entirety, as well as its component parts, including but not
limited to software, code, text, photographs, structures, graphics, images,
illustrations, icons, texts, video clips, active desktops, audio files,
trademarks, written and other materials etc. (hereinafter "Laureus
Material"), are creative works protected by copyrights, trademarks, and/or
other intellectual property rights worldwide, and are, unless otherwise noted,
the sole property of Laureus or used by Laureus under license.
Trademarks
In general,
all trademarks, logos and service marks (collectively "Trademarks"), which
appear on the Archives, are registered and unregistered trademarks of Laureus
or its affiliates or are licensed for use by Laureus or by the respective third
parties. Other trademarks are proprietary marks and are registered to their
respective owners. Reproduction, distribution, transmission, modification or
use of any Trademark displayed in the Archives, or any other content of the
Archives except as provided herein, is strictly prohibited.
Copyright
All
contents of the Archives are either Copyright © 1999-2010 Laureus or are
licensed for use by Laureus. All rights reserved.
Upon
registering with the site, members of the press may, in addition to the above,
use images that appear on the Archives for editorial purposes ONLY.
Except as
noted below, Users may not sell, reproduce, distribute, modify, display,
publicly perform, prepare derivative works based on, report or otherwise use
any Laureus Material in any way for any public or commercial purpose.
Furthermore, Users may not use, communicate or display Laureus' Material on any
other web site or in a networked computer environment or other digital support
for any purpose whatsoever. In the event of breach of any of these Terms,
Users' permission to use Laureus' Material will automatically terminate and
they must immediately destroy any copies they have made of Laureus' Material.
Any unauthorized use of Laureus' Material by Users may infringe copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. Users may not establish a link to the Laureus
Archives from a third party site without our prior written permission.
Use of Images on the Archives
Subject to
these Terms and to the absence of any modification, deletion or obliteration by
the User of any proprietary notices, including intellectual property notices
such as copyright © and trademark ™ contained in Laureus's Material, Laureus
grants to the User a personal, non-exclusive, royalty-free, non-assignable and
non-transferable right to use images contained in the Archives as stated
hereafter:
-
This right to use images is limited to approved members of the press and sponsors and only upon proper registration with
the Archives;
-
Use of the
images on the Archives is for EDITORIAL PURPOSES ONLY;
-
Users agree that
neither any intellectual property right nor any other right to use is
transferred to them. The Users rights to use the images are strictly limited
to the Terms hereunder;
-
User agrees User
will not use any images in such a way, which could be construed as derogatory,
defamatory, pornographic,
or illegal;
-
User agrees User
will not use any image in such a way that would violate the rights of privacy
or publicity of any person who appears in any such image. User acknowledges and
agrees that these Terms are not to be construed to grant User any right or
licence with respect to
the name, likeness or other characteristic of any person who appears in any
image. User is solely responsible for obtaining the necessary releases and permissions
to use the name, likeness or other characteristics of any
such person;
- User agrees that it will not use any images in a manner that suggests sponsorship by Laureus or any person or business portrayed in the image of any third party product or service;
-
User
acknowledges and agrees that these images are NOT in the pubic domain;
-
User may not
store any images on a database, or publish any images to a network or a
bulletin board or other accessible web site or blog;
-
User agrees to
use the following photo credit adjacent to the use of any image:
"[Photographer's Name]/(Special Collection Reference, if any)/Laureus";
-
User's right to
use the image is granted for a limited period of 12 months from the date of
downloading the image;
-
Adaptation, modification, framing,
digitalization or alteration of Laureus's images is strictly prohibited.
In the
event of breach of any of these terms, the violating User's access to the
Archives and permission to use Laureus's Material will automatically terminate
and any copies made of Laureus's Material must immediately be destroyed.
You shall
indemnify Laureus against all damages, liabilities,
and expenses (including reasonable attorneys' fees and permitted and authorized
costs), arising out of or as a result of claims by third parties relating to
your use of any Image or any breach of this Agreement.
Our Liabilty
The material displayed on the Archives is provided on an "as is" basis, without any guarantees, conditions or warranties as to its accuracy despite our best efforts. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Archives or in connection with the use, inability to use, or results of the use of the Archives, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You and Your Visits to the Archives
We process information about the User in accordance with our privacy policy, which is located below. By using the Archives, you agree that we can process your data in the ways set out in our privacy policy.
Privacy
Policy
We are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal date we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Any personal information you make available to Laureus either through the Archives or otherwise is dones so voluntarily, with your knowledge and consent when making a request, submission or registration for services from Laureus. Registration fields contain mandatory fields (indicated with an aterix(*)); if you choose not to complete the mandatory fields then Laureus may not be able to respond to your request or activate your option choices.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Laureus World Sport Awards Limited of 460 Fulham Road, London, SW6 1BZ, United Kingdom.
Information We May Collect from You
We may collect and process the following data about you:
- information that you provide by filling in forms on the Archives. This includes information provided at the time of registering to use the Archives, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with the Archives;
- if you contact us, we may keep a record of that correspondence;
- we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
- details of your visits to the Archives including, but not limited to, traffic data, location data, weblogs, downloads, and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;
- information submitted by you in connection with RSS feeds or other communication methods used to send information about us to you.
IP Addresses and Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Archives and to deliver a better and more personalised service. They enable us:
- to estimate our audience size and usage pattern;
- to store information about your preferences, and so allow us to customise the Archives according to your individual interests;
- to speed up your searches;
- to recognise you when you return to the Archives.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Archives. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log onto the Archives.
Where We Store Your Personal Data
The host server for these Archives is located in the United Kingdom. Data collection and use is managed exclusively by Laureus World Sport Awards Limited.
The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Archives; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses Made of Your Information
We use information held about you in the following ways:
- to ensure that content from the Archives is presented in the most effective manner for you and for your computer;
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contract entered into between you and us;
- to allow you to participate in interactive features of our service, when you choose to do so;
- to, where applicable, notify you about changes to our service.
With your consent we may also use your data, or allow selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
We and, where permitted, selected third parties who we allow to use your data, will contact you by electronic means only if you have consented to this.
Disclosure of Your Information
We may disclose your personal information to any member of our group, which means our subsidiaries, affiliated companies, ultimate holding company and its subsidiaries.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about you will be one of the transferred assets;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and other agreements; or to protect the rights, property, or our business, the Archives, our employees, contributors to the Archives, or others.
Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can also exercise the right at any time by unsubscribing on the Archives.
The Archives may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Any changes we may make to our privacy policy in the future will be posted on this page.
Disclaimer
The information on these Archives is intended for general information purposes
only. Laureus tries to ensure that the information on this site is accurate and
complete. However, Laureus does not warrant or represent that Laureus Material
is accurate, error-free or reliable or that use of Laureus' Material will not
infringe rights of third parties. Users' use of the Archives is at your risk.
Laureus
does not warrant that the functional and/or technical aspects of the Archives
or Laureus's Material will be error free or that this Archives, Laureus'
Material or the server that makes it available are free of viruses or other
harmful components. If use of this Archives, or Laureus' Material results in
the need for servicing or replacing property, material, equipment or data,
Laureus is not responsible for those costs. Without limiting the foregoing,
everything on the Archives is provided to Users "AS IS" AND "AS
AVAILABLE" 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 Laureus Material, software text, downloads, graphics, and links, or about
results to be obtained from using the Archives. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of the
above exclusions may not apply.
Links
On these Archives, Users may be offered links to other sites operated by
parties other than Laureus. The inclusion of any link to such sites does not
imply endorsement by Laureus of those sites. Laureus has not reviewed all of
the sites linked to its Archives and is not responsible for the content or
accuracy of any off-site pages or any other sites linked to this Archives.
Linking to any other off-site pages or other sites is at Users' own risk.
The User may not create any link to our site from a site that you do not have the necessary written authority or permission to link from, and the site you are linking from must not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any party or which does not comply with all applicable laws and regulations.
Termination
Users agree that Laureus may terminate Users' use of the Archives if Laureus
reasonably believes that Users have violated or acted inconsistently with the
letter or spirit of this Agreement, or violated the rights of Laureus or any
third party, or for any reason with or without notice to User. Users agree that
Laureus may modify or discontinue these Archives, with or without notice to
them. Users agree that Laureus will not be liable to them or any third party as
a result of such modification or discontinuation. The provisions entitled "Disclaimer,"
"Limitation of Liability," and "General Provisions" will
survive termination of these Terms.
Variations
Laureus may amend these Terms and our privacy policy at any time. Users must regularly check the Archives for changes, because these changes are binding on you. Some of the provisions contained in these may also be superseded by provisions or notices published elsewhere on our site.
General
Provisions
Unless otherwise specified, the information and materials in the site are
presented solely for the purpose of promoting the services and activities of
Laureus. Laureus makes no representation that Laureus's Material is appropriate
or available for use in every country of the world. Users use this Archives at
their own risk and are responsible for compliance with applicable local laws,
keeping in mind that access to Laureus's Material may not be legal by certain
persons or in certain countries. Our services and activities are available in
many parts of the world. However, these Archives may describe services and
activities that are not available worldwide. Any cause of action Users may have
with respect to this Archives must be commenced within two years after the
claim or cause of action arises. These Terms will be governed by and construed
in accordance with the laws of England and Wales without regard to its conflicts
of law provisions. The waiver by Laureus of a breach of any provision of these
Terms will not operate to be interpreted as a waiver of any other or subsequent
breach.
Date of Posting: January 2011