0 Cart
Added to Cart
    You have items in your cart
    You have 1 item in your cart
    Total

    TERMS OF USE AND END USER LICENSE AGREEMENT

    Last Revised: September 2019 

    These Terms of Use and End User License Agreement, (the “Terms of Use”) set forth the terms and conditions between you as licensee (“You”, “Your”, or “Licensee”) and TCG Continuum (“TCG”), for itself and on behalf of its licensors and content suppliers, and shall govern the download and use of the images, footage, films, videos or other audio/visual representations recorded in any format (the “Content”) provided by TCG to You. You will be required to click to indicate acceptance of these Terms of Use before downloading any Content.  By clicking “Accept” and/or downloading the Content, You agree that these Terms of Use shall form a binding agreement between You and TCG. If You do not agree with these Terms of Use, You must not continue with any license or download of the Content. 

    IMPORTANT: Read these Terms of Use carefully before You purchase, download, install, view, access, or utilize (collectively, “use”) the Content on Your computer, tablet, smartphone and/or other device(s) (each a “Device”). By using the Content, You acknowledge that You have read these Terms of Use, that You understand them, that You agree to be bound by the terms and conditions herein, and that You are at least eighteen (18) years of age. If You do not agree to these Terms of Use, do not use the Content.

    1. Grant of License.
      1. Subject to the terms and conditions of these Terms of Use, TCG grants You a limited, revocable (pursuant to these Terms of Use), perpetual, non-exclusive, non-transferrable and non-sublicensable right and license to use the Content for Your personal use and for no other use or purpose, subject to the terms and restrictions set forth in these Terms of Use.
      2. The forgoing license granted by TCG is conditioned upon (a) Your compliance with these Terms of Use and (b) TCG’s receipt of full payment of the license fee charged in connection with download of the Content.
      3. The license granted for the Content pursuant to these Terms of Use is a non-sublicensable, non-assignable, single user license which may not be shared. The Content shall be used solely by You for personal, non-commercial purposes.  Duplication, transmission, transfer, publication, or license of the Content, in whole or part, whether for non-commercial or commercial use, is strictly prohibited.
      4. Access to purchased content is contingent and limited to the availability of streaming options offered by TCG. Streaming options are subject to change.
    2. Restrictions.
      1. General.  You shall not sub-license, sub-distribute, re-record, transfer, assign, sell, resell, redistribute or provide to others any portion of the Content or its accompanying materials.  You shall not store or share the Content via a database, library, image, video or audio storage network, configuration or similar arrangement. You shall not alter, edit or enhance the Content in any manner, or use, reproduce, sub-license, or sub-distribute the Content, in whole or in part, including without limitation, as part of a separate project or compilation or a standalone clip as (a) a template, (b) stand-alone background, (c) stock elements or effects imagery element, (d) downloadable file or (e) any other clip media/stock product, each alone or as part of another library, collection, or set of clips for distribution or resale. You shall not permit the Content to be available, in whole or in part, in any medium in a manner that enables third parties to download, extract or access the Content as a standalone file. You may not directly or indirectly reproduce the Content in any secondary reproductions such as screen shots, in-context promotions or on file-sharing or social networking websites such as YouTube, Facebook, Twitter, etc.
      2. Prohibited Uses. You may use the Content only for lawful purposes and in accordance with these Terms of Use. You agree not to:
        1. use the Content in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries);
        2. use the Content to commit any form of fraud;
        3. use the Content in any way that might be considered defamatory, libelous, obscene, pornographic, immoral or illegal;
        4. use the Content in any way that may harm TCG, its licensors, content providers, or any of its affiliates, or expose them to liability;
        5. use the Content in any manner that creates a false inference or places the Content in a context that is likely to result in bringing TCG or any licensor or content supplier of TCG into public disrespect, scandal, ridicule, or detract from the public image of TCG or any of its licensors or content suppliers;
        6. copy, alter, modify, adapt, or create derivative works from any part of the Content;
        7. use the Content in any manner that is derogatory to, disparages, demeans or reflects adversely upon the professional, business or personal reputation of TCG or its employees, any content suppliers or licensors, their respective sports, their member institutions, their respective employees, the athletes or any other person or entity that appears in or is connected to the Content;
        8. use the Content for the purpose of building a competitive product;
        9. use the Content for advertising or promotional purposes or in connection with or in any way related to any lottery, sweepstakes, game of chance or any other type of gambling or wagering activity or in or as part of any audiovisual production marketed, advertised, distributed or sold as part of or in association with any of the foregoing; or
        10. otherwise attempt to interfere with the Content or the business of TCG, its licensors or content suppliers.
      3. The Content shall not be incorporated into a logo, trademark or service mark. If there are any incidental trademarks or logos contained in the Content, You shall not alter or use such marks in any way which implies an association with or an endorsement by the owner(s) of such logos or trademarks, and the inclusion of these incidental trademarks in the Content does not in any way imply such association with or endorsement of the Content. TCG does not grant any license or right under these Terms of Use to any trademark, service mark, trade dress or logo or to any third party footage, photographs or copyrighted images that appear in the Content. Unless otherwise specified within these Terms of Use, no license or rights are granted to any broadcaster’s logos, watermarks, music and graphical inclusions, school trademarks and any other trademarks appearing in the Content or to any announcer’s calls contained in the Content (if applicable).  
      4. Any audio or music to certain performances or any associated compositions or arrangements that are included as part of or embedded in any Content is ambient sound only and may require additional clearances and/or licenses from the broadcaster owner or performer or owner of rights in such audio or music. No license is granted herein for such audio or sound.
      5. With respect to sports and news Content, TCG does not grant any right or license to use the name or likeness of any individual (including any athlete, announcer or coach) appearing, visually or audibly, in the Content in connection with or as an express or implied endorsement of any product or service. You shall not make use of any Content containing a person well known to the general public or of any person engaged in a competitive sport in any manner which can reasonably be construed as said person’s endorsement or disparagement of a product or service. You shall not use the Content in any manner that constitutes a direct or implied endorsement or disparagement of any product or service by any student-athlete, coach or other individual appearing in the Content.
    3. License Fee and Payment.  You hereby agree to pay in full the license fee charged in connection with download of the Content. The Content is licensed for an unlimited number of uses by You for a one-time flat fee.  By paying the license fee, You acknowledge that you are buying only a license to use the Content and do not by virtue of payment become an owner of the Content or have any rights in the Content except as set forth herein. All licenses must be paid for prior to downloading the Content. All Content sales are final and shall not be returned or refunded. Content prices are subject to change and prices may change for future licenses of the same or similar type Content. It is agreed that a failure to pay the applicable license fee will be considered a material breach of these Terms of Use and TCG shall have the right to revoke the license granted herein. In the event TCG revokes the license, You must cease using any Content immediately. You shall have no obligation to use the Content; however, payment is still required for any Content, whether or not such Content is used.
    4. Taxes and Duties. You are responsible for paying any and all applicable sales taxes, use taxes, value added taxes, customs and duties imposed by any jurisdiction as a result of the license granted to You, or Your use of the Content, pursuant to these Terms of Use in addition to the license fee for the Content.
    5. Releases and Clearances. TCG does not provide any copyright clearance or model or property releases with respect to the Content and grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Content. Your ability to access Content does not entitle You to use such Content outside the scope of the license granted herein and TCG does not make any representations or warranties that it owns or licenses any rights related to or in any persons, places, property (real, personal or any other kind) or subject matter depicted in any Content. Items depicted in the Content may be subject to copyrights, trademarks, rights of publicity, moral rights or other rights of another party. No employee or representative of TCG may make, and You shall not rely upon, any representations or warranties other than those stated in these Terms of Use. 
    6. Unauthorized Use. You acknowledge and agree that any unauthorized or unlicensed use of any Content by You constitutes infringement of copyright and other applicable laws and shall entitle TCG and/or its licensors or content suppliers to exercise all rights and remedies available at law or in equity, including monetary damages against all users and beneficiaries of the use of such Content. Without limiting any of the foregoing, if, for any reason, the Content comes into the possession of any unauthorized third person, firm or corporation while it is in Your control and due to Your negligence or willful misconduct, You shall undertake reasonable efforts to recover the Content and to recover on TCG’s or its licensors’ or suppliers’ behalf any damages sustained by TCG or its licensors or suppliers by reason of the unauthorized use thereof.
    7. Termination of License. TCG reserves the right to terminate, revoke, and/or withdraw any and all licenses granted hereunder upon Your failure to comply with any provisions of these Terms of Use. TCG shall be entitled to pursue all remedies available under copyright and other laws in the event You breach any term or obligation of these Terms of Use. In the event of any termination, You shall not have any further right to make any use of the Content.
    8. Protection of Content.  You shall use Your best efforts to protect and secure the Content to ensure that it cannot be copied, published, searched, downloaded, or accessed by unauthorized third parties.
    9. Intellectual Property Rights. All Content is copyrighted and owned exclusively by the licensors and/or content suppliers of TCG and is protected by United States and international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws.  No title or intellectual property rights in the Content, except for the license granted herein, are transferred to You. TCG, its licensors and content suppliers retain all rights not expressly granted by these Terms of Use. Any trademarks, service marks, design marks, logos and/or trade dress included in the Content is subject to the exclusive owners of such marks and/or trade dress and no license to such marks is granted by these Terms of Use. As between You and TCG, TCG shall retain all right, title, interest, ownership and intellectual property rights in and to the Content. TCG reserves any and all rights not expressly granted to You. No ownership right, title or interest in or to the Content is transferred to You by these Terms of Use.  You will not remove or alter any copyright notice or any other notices that appear within the Content. You shall not: (i) modify or create derivative works of the Content; or (ii) provide, distribute, lease, lend, convey, sublicense, use for timesharing or service bureau purposes or otherwise use or allow the use of the Content for the benefit of any third party. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
    10. Revocation.TCG shall have the right to revoke any license granted to the Content because of actual or threatened litigation with respect to the Content; any binding declaration or order issued by a competent court or government authority that prevents the Content from being distributed; or any reason beyond TCG’s control. You acknowledge that TCG’s right to revoke the license to the Content pursuant to this paragraph is of a special and unique character which gives it a peculiar value and that Your use of the Content after the effective date of a notice of revocation could cause TCG irreparable injury and damage. You, therefore, agree that in addition to any right or remedy granted TCG hereunder, TCG shall be entitled to injunctive and other equitable relief against You to prevent any use after the effective date of a notice of withdrawal. In the event of any notice of revocation by TCG, You agree to physically remove the Content from Your Devices, Your computer systems and Your storage (electronic or physical) and, to the extent possible, destroy and cease any use of the Content at Your own expense.
    11. DISCLAIMERS.

      THE CONTENT IS PROVIDED “AS IS” AND TCG, ITS CONTENT SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, PERFORMANCE, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FROM A COURSE OF DEALING OR USE IN TRADE.

    12. LIMITATION OF LIABILITY.

      EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER TCG NOR ANY TCG LICENSOR OR CONTENT SUPPLIER, NOR EACH OF THEIR RESPECTIVE SUBSIDIARIES, SUCCESSORS, PREDECESSORS, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR CONTRACTORS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, PUNITIVE, STATUTORY, OR LOST PROFITS OR ANY OTHER DAMAGES ARISING OUT OF, OR RELATING TO THESE TERMS OF USE AND/OR YOUR USE OR INABILITY TO USE THE CONTENT, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF TCG OR ANY TCG LICENSOR OR CONTENT SUPPLIER, OR EACH OF THEIR RESPECTIVE SUBSIDIARIES, SUCCESSORS, PREDECESSORS, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR CONTRACTORS OWED TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU ARISING FROM THESE TERMS OF USE, ITS TERMINATION OR EXPIRATION, AND/OR YOUR USE OF ANY CONTENT PROVIDED BY TCG, EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY TCG FROM YOU FOR THE USE OF THE APPLICABLE CONTENT.

      1. Licensee Warranties
        1. You represent and warrant that (a) You are at least eighteen (18) years of age and have the full right and authority to accept and be bound by these Terms of Use, (b)
          Your use of the Content will comply with the terms and conditions herein, and (c) the information that You provide to TCG is accurate and true, including, without limitation, all credit card or other payment information, and You shall update such information as necessary.
        2. You represent and warrant that You own the Device or have Device owner’s permission to download, access, or otherwise use the Content from the Device. You shall be responsible for obtaining and maintaining all hardware and other equipment needed for access to and use of the Content. You are solely responsible for the security and safekeeping of the Device upon which the Content has been downloaded.
      2. Indemnification. You agree to defend, indemnify and hold harmless TCG, its licensors, content suppliers, and each of their respective officers, directors, employees, affiliates, successors, assigns, distributors and agents against all claims (including, without limitation, claims by third parties), lawsuits, demands, damages, judgments, costs and expenses (including reasonable attorneys’ fees and permitted and authorized costs) arising out of or related to (i) Your breach of the terms, restrictions, conditions, and/or warranties of these Terms of Use, (ii) Your modification of any Content or combination of any Content, with any text or other content, (iii) Your use of the Content for any purpose not expressly permitted herein, (iv) Your violation of any intellectual property right or violation of any privacy or publicity right, or (v) Your negligent conduct.
      3. Governing Law. You agree that all actions or proceedings arising in connection with these Terms of Use or Your use of the Content shall be tried and litigated exclusively in the State and Federal courts located in the State of Colorado. These Terms of Use will be governed in all respects by the laws of the State of Colorado, U.S.A., without reference to its laws relating to conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms of Use. You agree to reimburse TCG, its licensors, or content suppliers, for all legal fees, costs and disbursements if any of the foregoing is successful in enforcing any of its rights under these Terms of Use including, without limitation, in connection with any action to collect payment.
      4. Third Party Beneficiaries. For all purposes of these Terms of Use, each of TCG’s licensors and content suppliers shall be expressly deemed an intended third party beneficiary and shall have the right to enforce the terms and conditions of these Terms of Use.
      5. Miscellaneous. These Terms of Use constitute the entire agreement between TCG and You with regard to the Content. If any provision of these Terms of Use is determined by a court to be invalid or unenforceable, such determination shall not affect any other provision of these Terms of Use, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein.