Last Revised: September 2019
- Grant of License.
- Access to purchased content is contingent and limited to the availability of streaming options offered by TCG. Streaming options are subject to change.
- 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.
- 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);
- use the Content to commit any form of fraud;
- use the Content in any way that might be considered defamatory, libelous, obscene, pornographic, immoral or illegal;
- use the Content in any way that may harm TCG, its licensors, content providers, or any of its affiliates, or expose them to liability;
- 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;
- copy, alter, modify, adapt, or create derivative works from any part of the Content;
- 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;
- use the Content for the purpose of building a competitive product;
- 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
- otherwise attempt to interfere with the Content or the business of TCG, its licensors or content suppliers.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
LIMITATION OF LIABILITY.
- Licensee Warranties.
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.
- 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.