Each individual ("Bearer") using this credential for access to any UTC Athletics game or related events including, without limitation a practice, press conference, interview, or other activity associated with such University of Tennessee at Chattanooga (UTC) Athletics game or related events (the "Events"), on behalf of his or her employer or assigning news organization ("Employer"), agrees to the following:
Each Bearer must be and hereby represents that he or she is acting on a specific assignment for an accredited media agency and has a legitimate working function in conjunction with the Event attended. The credential is not transferable and may be revoked at any time with or without cause.
The rights and privileges granted to Bearer shall automatically terminate if any term of this credential shall be breached. The unauthorized use of this credential subjects the Bearer and his or her Employer to ejection from the facility and prosecution for criminal trespass, without limiting any other rights and remedies at law or in equity.
Bearer shall display the issued credentials at all times and consents to the reasonable inspection of his or her person and property before entering the venue and/or during an Event. While within the venue, Bearer shall, at all times, adhere to the policies in place for the Event, as well as access limitations, and direction provided by UTC Athletics 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 playing of the Events, and agrees that UTC Athletics and its respective employees, directors, officers, student-athletes, coaches, and contractors shall not be liable for injuries or loss of personal property or equipment connection therewith.
Bearer further agrees to release UTC Athletics and all persons and educational institutions involved in the management or production of the competition from any claim or liability arising from failure to provide space for telecasting/broadcasting, or other facilities for the television/radio station, Internet media, network, cable system, or other media entity.
In the event that the name or likeness of the Bearer is included in any broadcast, telecast, photograph, film, video or other media taken in connection with the Events, the Bearer grants UTC Athletics 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 UTC Athletics and save harmless UTC Athletics, its officers, agents, contractors and employees of and from any and all claims, demands, causes of actions, liabilities, damages and expenses (including reasonable attorneys' fees) 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, UTC Athletics shall: (a) have the right to fully participate in the litigation of such claim with counsel selected by Bearer and approved by UTC Athletics at the sole expense of the Bearer; and (b) not be obligated, without their consent, to participate in any settlement of such claim.
The use of any account, description, picture, photograph, video, audio, reproduction, or other information concerning the Events other than for news coverage of, or magazines, books or stories about, the Events is prohibited, except (a) with the prior written consent of UTC Athletics or its designee or (b) as specifically licensed herein. Nothing in these terms and conditions authorizes or allows Bearer to violate any of the UTC Athletics trademarks, copyright and other proprietary rights.
If video and/or audio of the Event is distributed by a UTC Athletics rightsholder, Bearer may only utilize the network feed provided by UTC Athletics or its designee and Bearer may not alter the feed in any manner without prior approval of UTC Athletics (e.g., removing network graphics or bugs/logos). If the Event is not distributed by a UTC Athletics rightsholder, Bearer may produce its own video and/or audio highlights from the Event pursuant to such conditions and in such area as designated by UTC Athletics.
Real-time transmission of streaming video, digital images, real-time audio, including play-by-play and statistics, of any game of the championship is exclusive to the UTC Athletics Web site and/or any other Web site designated by UTC Athletics and its rightsholders. "Real-time" is defined by UTC Athletics as a continuous play-by-play account or live, extended live/real-time statistics, or detailed description of an Event .
A Bearer may blog during any Event, provided that such blog may not produce in any form a "real-time" description of the Event (i.e., any simulation or display of any kind that replicates or constitutes play-by-play of a material portion of an Event, other than periodic updates of scores, statistics or other brief descriptions of the Event) as determined by UTC Athletics in its sole discretion. If UTC Athletics deems that Bearer is producing a real-time description of the contest, UTC Athletics reserves all actions against Bearer, including but not limited to the revocation of the credential.
UTC Athletics is the owner of trademarks, copyrights, and other proprietary rights in the Event and in and any telecast, broadcast, transmission or recording thereof, and no rights are conferred to, or intended to be conferred to, or created on behalf of, Bearer or his or her Employer.
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 of, or magazines, or stories 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 UTC Athletics or that the UTC Athletics licensed Bearer to use their trademarks or copyrights. Neither the Bearer nor the entity that engaged the Bearer may sell photos taken at the Events to third-party entities including but not limited to other commercial entities or the general public.
Any secondary use of any picture, audio description, videotape/film or drawing of the game taken or made by the accredited organization or individual to whom this credential has been issued (including, but not limited to, non-editorial, advertising, sales promotion or merchandising) is prohibited without prior specific written approval of UTC Athletics or its designee.