A "press agency" for purposes of
receiving credentials shall mean a daily or weekly publication, cable system,
radio or television station or network requiring immediate news coverage.
"Immediate news coverage" for purposes of these criteria shall mean
that the editorial, audio and/or visual deadline being documented occurs no
later than 48 hours after the competition of the event.Each individual or entity signing for
or using a credential for access to Celebrate Santa Festival (hence CSF), news
conferences, or other related activities (collectively, the “Events”), and
his/her/its employers (each signer, user and employer, a “Bearer”), agrees to
the following conditions:
General
Each Bearer attending one of the CSF
Events using a credential represents that such Bearer is acting on a specific
assignment for an accredited agency. Bearer is a full-time salaried employee of
the accredited agency and has a legitimate working function in connection with
the Events. The credential is not transferable and may be revoked at any time
without cause. Any unauthorized use of the credential or violation of the
policies set forth herein subject Bearer and/or the accredited agency to
ejection from the Event, revocation of the credential, denial of access to
future Events, prosecution for civil or criminal trespass and any other
remedies available under the law.
While within the venue, Bearer
shall, at all times, be subject to the direction and/or supervision of the CSF
and its designated agents.
Bearer assumes all risks incidental
to the performance by the Bearer of Bearer’s services in connection with the
Events and assumes all risks incidental to the Events, whether occurring
before, during or after the actual CSF Events, and agrees that the CSF and
their respective employees, directors, officers, volunteers, and contractors
shall not be liable for injuries or loss of personal property or equipment
resulting in such causes.
In the event that the name or
likeness of any individual using the credential is included in any broadcast,
telecast, photograph, film, video or other media taken in connection with the
Events, such individual grants the CSF the non-exclusive, transferable,
perpetual right and license to use (and to sub-license the use of) such name
and likeness in any media worldwide whether now known or thereafter devised.
Bearer agrees to indemnify CSF and
hold harmless their officers, agents, contractors, employees, and volunteers
from any and all claims, demands and causes of action arising out of anything
done or purported to have been done by Bearer or his/her employer, including
but not limited to Bearer’s breach of any term of the credential. With respect
to any claim that might give rise to liability of the Bearer as an indemnitor, CSF
shall: (a) have the right to fully participate in the litigation of such claim
with counsel selected by Bearer and approved by CSF at the sole expense of the
Bearer; and (b) not be obligated, without their consent, to participate in any
settlement of such claim.
Media
The use, distribution, exhibition,
reproduction, adaptation, display, performance or publication of any accounts,
descriptions, pictures, photographs, video or audio recordings, reproductions
of, or other information concerning the CSF Events (the “Event Information”)
for purposes other than for news coverage of the Events, or for First
Amendment-protected purposes, is prohibited, except (a) with the prior written
consent of CSF or (b) as specifically licensed herein. Nothing in these terms
and conditions authorizes or allows Bearer to violate any of the CSF
trademarks, copyright and any other proprietary rights without written
permission.
The accredited agency agrees that
any videos may be used only in connection with a regularly scheduled television
newscast within a seven (7) day period after the Events and the film clip or
video portion of each such showing shall not exceed three (3) minutes in
length.
Television stations, networks, cable
systems, participating institutions or their designees, are prohibited from
making available event film or video to any other organization without advance
written permission from the CSF, even though the planned use may be editorial
in nature. Such film or video may be aired only by the specific station or
entity to whom the credential is issued. These rights may not be assigned,
transferred or otherwise disposed to any person, firm, corporation or any other
entity. Any agency wishing to use event film or video in any other manner must
obtain written permission for such usage from CSF or any rights-holding
television network.
The credential confers on Bearer a
limited, non-exclusive and non-transferable license to take photographs of the
Events, and to allow the entity that engaged the Bearer to take the photographs
to use such photographs, only for news coverage about the Events, other
editorial purposes, and reprints of news pages from such entity’s publications,
provided that such use is not likely to create, or does not actually create
confusion in the minds of the trade or public that Bearer or its reprints or
any elements therein, or the items on which they are reprinted, are sponsored
or endorsed by, or are associated or affiliated with the CSF licensed Bearer to
use their respective trademarks or copyrights. Filming, photographing, or harassing any CSF attendee
or staff while in a public or private restroom, or changing area will cause
immediate cancellation of credentials.Any film or photograph will be deleted immediately, and the offending
party will be removed from the premises.
In exchange for the access granted
by the credential, CSF shall have the right to purchase prints of any published
photographs taken by the Bearer in connection with the credential, at the best
financial terms offered to third parties, and CSF shall be licensed at no
additional charge to use the photographs for news coverage purposes only. CSF may
not distribute reproductions of the photographs to others or license others to
reproduce the photographs.
Bearer shall obtain all necessary
licenses, consents or releases permitting the use of any party’s proprietary
material, including, but not limited to any party’s copyrights, trademarks,
rights of publicity, rights of privacy or other proprietary of personal rights,
however denominated included in any photograph taken or other material obtained
in connection with the credential. The Bearer is solely responsible for
determining which licenses, consents and releases shall be obtained. Bearer
agrees to hold harmless CSF, their officers, agents, contractors, employees and
volunteers from and against any and all liability loss, damage or expense
(including reasonable attorneys’ fees and expenses) arising out of or relating
to: (a) the issuance of the credential, Bearer’s presence at the Events, or any
other activity of the accredited agency or Bearer in connection with the
Events, including without limitation, any claims that the Event Information
taken or complied by Bearer infringe the intellectual property rights,
publicity rights or other rights of any third party’s copyrights, trademarks,
rights of publicity, rights of privacy, or other proprietary of personal
rights, however denominated; and (b) the presence on the premises of any cameras,
wires, cable or other equipment brought thereon by Bearer.
Any secondary use of any picture,
audio description, videotape/film or drawing of CSF Events taken or made by the
agency or the Bearer (including, but not limited to, use in delayed editorial
or non-editorial, advertising, sales promotion or merchandising) is prohibited
without prior specific written approval of the CSF.
Real-Time Internet
Acceptance and use of a CSF media
credential constitutes an agreement by the bearer to abide by the following
terms and conditions:
Subject to the following limitations
and conditions, the CSF grants accredited media organizations the limited
license to use certain gathered information on the media organization’s website
only, beginning at the start of the CSF Event and continuing until the
conclusion.
No more than fifteen (15) photographs may be used for news and
editorial coverage of a CSF Event. The photographs must not be available
for downloading.
No more than five (5) minutes of such video may be used.The video must not be available
for downloading.
Should any of these conditions be breached, the media organization
may not be credentialed for future events.
By
applying for media credentials I agree to these policies and will abide by the
rules and regulations as set forth above.
