Search
Menu
Stats Perform
 

Getty Terms & Conditions

Getty Terms and Conditions

All Getty content (premium access, photos and headshots)

  1. Editorial use: Licensee may use the Licensed Materials for editorial purposes only (i.e., in connection with events or topics that are newsworthy or of general public interest, expressly excluding any commercial uses such as for promotional, advertorial, endorsement, advertising or merchandising purposes or as part of a photo gallery).
  2. Take-down obligations: The Licensee must in all cases also abide by any restrictions or limitations which are notified to it subsequently to the Licensee downloading Licensed Materials by either Getty, Stats Perform or a third party sports league/governing body responsible for the event at which the Licensed Materials were captured.  In the event that a sports league or governing body objects to the Licensee’s use of Licensed Materials taken at an event organised/credentialed by that league or governing body, (either directly to the Licensee or through Getty or Stats Perform) the Licensee agrees that its rights with respect to such Licensed Materials shall immediately cease and that the Licensee must immediately withdraw such use complained of.  Further, in the event that Getty or Stats Perform otherwise reasonably believes that the Licensee’s continued use of the Licensed Materials may subject the Licensee, Getty or Stats Perform to liability, Getty or Stats Perform will notify the Licensee and the Licensee will cease display of the applicable Licensed Materials.  In the event of any of the foregoing, the Parties will discuss the specific concerns in good faith, in conjunction with any applicable governing body, and Getty and/or Stats Perform agrees to revoke any such suspension if such concerns are addressed.
  3. No unofficial association: Without prejudice to any other restrictions that apply, under no circumstances may Licensed Materials be used in a manner that wrongly implies authorisation by or association with an event organiser, sports league, team, player or other third party.
  4. Betting, gambling and fantasy game restrictions: Except where approved by Stats Perform in advance on a case by case basis or where the Licensee has explicit prior permission from the applicable governing body, the Licensee may not use images for the following sports and/or leagues and/or tournaments (as applicable) in any betting, fantasy or gambling context:
    1. Olympics (Summer or Winter Games);
    2. all US leagues, including NCAA, NBA, WNBA or NBA development league players, NFL, MLB, NHL, PGA, NASCAR and Masters Golf;
    3. English Premier League (save that this exclusion shall not apply to images of EPL players not taken under Football DataCo accreditation terms and conditions nor to multi-league fantasy games not focused on the EPL);
    4. ICC tournament images and Indian Premier League images, and no use of images from other cricket tournaments within any ICC Tournament or IPL based fantasy games);
    5. images taken at a sporting event held in either Australia or New Zealand and/or under any credentials issued by an Australian or New Zealand sports league or governing body; and
    6. Formula 1, together the “Betting Excluded Content”.
  5. For all Getty content other than the Betting Excluded Content, the following restrictions apply when concerned with any betting, fantasy or gambling products and services, as applicable:
    1. only to appear and be used in a genuine editorial context, e.g. packaged with text, stats, graphics etc., with no commercial, advertising or promotional use, express or implied, without permission from Stats Perform;
    2. online use only, to illustrate current news articles, content, stats/graphics, etc.;
    3. may not be used in direct connection with any gambling/betting call to action uses, e.g. odds offers, promotions, etc.;
    4. except where agreed in advance with Stats Perform, content may not be included in any fantasy games, predictor activities or “free to play” contests;
    5. may not be used as part of permanent site navigation, page headers/graphics;
    6. any web articles or social media post upon which content appears must not also contain any odds or call to betting action, and any social media posts must not link direct to webpages that contain such odds or call to betting action;
    7. any web articles incorporating the content may be published on webpages that are framed by third-party promotional materials PROVIDED THAT the article itself does not contain any promotions (link throughs or otherwise to betting activities) within the text; and
    8. there must be no juxtaposition of content or league/team/player logos with any Licensee logos or commercial branding that might imply commercial association where none exist.
  6. No release: Notwithstanding the rights granted herein, the Licensee acknowledges that no model or property releases have been obtained for use of news, sport, entertainment or archive content and that neither Getty nor Stats Perform provide any rights or makes any representations or warranties with regard to the use of people, names, sports leagues/clubs, trademarks, logos, registered or unregistered or copyrighted designs or works of art depicted in any of such content. If applicable having regard to the Licensed Materials’ Permitted Usage, the Licensee shall be solely responsible for obtaining any necessary approval from the respective sport’s governing body for any athletes, propriety marks or other respective intellectual property included in the content and/or the approval of any applicable person featured in the content.
  7. Archive: The Getty-attributed portions of the Licensed Materials shall not be displayed for a period longer than 10 (ten) days after the initial display, but the Getty-attributed photos may be archived and displayed in perpetuity in the context of such original usage (i.e. but not reused in any new or separate use), subject to the Licensee being otherwise informed by Stats Perform.
  8. No interference: Licensee shall not interfere with any digital rights management systems/tools which are in place regarding the Getty-attributed portions of the Licensed Materials and shall comply with all use restrictions/instructions which accompany any photo provided under this Agreement.
  9. Discontinuance of Getty content: At any time during the Term, solely at Getty’s direction, Stats Perform shall have the right to discontinue its provision of the Getty-attributed portions of the Licensed Materials to Licensee, upon written notice to Licensee, if Licensee does not, or is unable to, make any changes requested by Getty or Stats Perform as to the manner in which the Getty-attributed content is displayed and used. In such an event, Stats Perform and Licensee will discuss, in good faith, a pro-rata reduction in the license fees.
  10. Credit: With respect to Getty-attributed photographs, Licensee agrees to display the following copyright notice and credit in connection with all uses of these portions of the Licensed Materials: (a) “Copyright xxxx [where xxxx denotes the current year] NBA Entertainment. Photo by [Photographer’s Name]/NBAE/Getty Images” (for NBA/WNBA/NBDL photos as applicable), or (b) “Copyright xxxx [where xxxx denotes the current year] Getty Images. Photo by [Photographer’s Name]/Getty Images” (for all other photographs).
  11. No slide-shows: Getty-attributed photographs shall not be used in a “slide-show” or “photo-gallery” or any other photo-only type of display.
  12. Stand-alone form: The Licensee may not use any Getty content in stand-alone form (i.e. outside the context of the Licensed Materials).