4msports Distribution Service: Terms & Conditions

Terms and Conditions for quattro media ftp-server clients

In the following terms, quattro media - hereinafter referred to as „QUATTRO MEDIA“ (or as “we” or “our”)- and client -hereinafter referred to as “LICENSEE” (or “you”) – agree on the following terms and conditions for using content of the quattro media ftp-server:

1. Basic Information

The QUATTRO MEDIA ftp-server is the official delivery tool of QUATTRO MEDIA’s own produced or licensed content for television, online, mobile devices and out of home media publishers. With the registration on our website, LICENSEE has confirmed to be a professional publisher for this type of media and not to be a private consumer. The ftp-server is managed by QUATTRO MEDIA, a company incorporated under German law with its office in Wolfgang–Wagner-Straße 9d in 85625 Glonn, Germany.LICENSEE can screen all available content, independent of “free to air” content or “contract related” content. Our ftp-server allows downloads of content in professional broadcast quality and all related additional information such as text scripts, music cue sheets, press releases and result lists or further event information.

2. Registration

In order to access our ftp-server you do confirm to be at least 18 years or older and that you have accepted the mentioned deal terms and conditions. After registration with your correct data you warrant, that your data is complete and accurate and not misleading in any way. You agree to inform QUATTRO MEDIA of any changes to such information. You must keep your username and password secure at all times and you are fully responsible for all activity that occurs with your personal account. You must immediately notify us of any unauthorized use of your account, as you may be liable for losses due to someone else using your account. After your registration you will receive a registration confirmation and your personal username and password via email, afterwards you can change your password and choose your own. Please only register one account for our ftp-server.

3. Copyright and intellectual property rights

All content of this ftp-server, including content from our suppliers is protected by copyright, intellectual property rights, trademarks, brands, design rights either owned by QUATTRO MEDIA or by a third party.

4. Grants of rights and extent of license for content on this ftp-server

QUATTRO MEDIA grants to LICENSEE the audio-visual broadcasting rights in and to the content according to the following provisions:

4.1.

News and Web Clips are free of any license fee or technical fee and will normally not need an extra agreement. If news releases are connected with time embargos or special length restrictions, the download will not be possible without a written agreement and our ftp-server will inform you automatically about this special situation and steps to be undertaken. LICENSEE agrees to broadcast News footage within 4 weeks after competition and that he will not intent to combine various news content from QUATTRO MEDIA into a longer magazine format in a row.

4.2.

The News archive and also the Web Clip archive allows LICENSEE to order a larger amount of content from various sports ”short form formats” but this will need an extra permission for download. Such a request will be automatically addressed to QUATTRO MEDIA, when you put content into your cart and we will get in touch with you immediately to discuss our deal terms for activation of the download process.

4.3.

The Highlights, normally 26 minute shows or 13 minute shows of sport events including text scripts and music cue sheets are “distributed” free of any charge as “stand alone” shows without technical costs as well but will need activation for download process from QUATTRO MEDIA after your request was addressed to our offices. This request will be send automatically as soon as you will put the show into your cart and try to activate the download.

4.4.

All other content available on QUATTRO MEDIA ftp-server such as archive content or series and weekly programs will need an extra license contract and your request will be addressed as well automatically by using our cart and/or our download button. A permission for download of this content will be given to you after receive of a countersigned contract from our team. Deal terms of signed contracts between LICENSEE and QUATTRO MEDIA will outdo the terms and conditions hereunder and will bind both parties to the contract conditions. LICENSEE may be charged a fee for the use of the content or a technical fee for delivery of such a content. QUATTRO MEDIA will notify the relevant fee or technical charges to LICENSEE prior to the activation for download such a content.

4.5.

The following terms and conditions set out the rules which apply to our ftp-server and its usage. You as LICENSEE should read these terms and conditions, as they clarify the limitations and govern the agreement between you and us. If you do not agree to our terms and conditions, you should not use this broadcast delivery service. By accessing our ftp-server and registration for using any services or content delivery, you do agree to these terms and conditions.

For any further questions or personal assistance for working with our ftp-server please connect with our company at media@4msports.com. We reserve the right to revise our terms and conditions from time to time. You will be notified in due time of such changes and you will be deemed to have accepted any such changes if we do not receive a written objection in legally due time or if you use the ftp-server to the posting of our revised terms and conditions.

4.6.

Rights for LICENSEE, using content without extra written and agreed contracts or individual download activation from QUATTRO MEDIA (meaning to use content “free to download”) contain for television the non-exclusive rights to a maximum of 6 (six) minutes in duration for free/pay TV via satellite, via cable, analogue and digital terrestrial, pay per view, video on demand and the non-exclusive right to maximum 6 (six) minutes in duration in the domestic language on all multi-media services (e.g. free/pay internet and IPTV, online, tablets, mobile devices, smart phones, close circuit broadcast, Smart TV, consoles and WAP). Content from News and Web Clips or Highlights, which is openly accessible, can be broadcasted with an unlimited number of reruns, the territory of permitted broadcasts is worldwide, but limited to a license period of maximum 45 days for news pieces and 365 days for highlight shows after the date of the competition mentioned in the downloaded content.

4.7.

Rights for LICENSEE, using single content or packaged content from our archive (News, Clips, Highlights or Series) from QUATTRO MEDIA ftp-server with a requested and agreed individual download activation from QUATTRO MEDIA are always defined in an extra contract, which needs to be agreed in written form and signed by LICENSEE and QUATTRO MEDIA. QUATTRO MEDIA will notify LICENSEE about extra contract terms and relevant fees or technical charges prior to the activation for download of such content.

4.8.

Sub-Licence of News or Web Clips: LICENSEE is entitled to assign the rights granted under this agreement in whole / or in part to third parties or companies, e.g. through sub-distributors and/or sales agents in various markets and distribution channels.

4.9.

Sub-Licence of any content from Archive News or Archive of Web Clips or Highlights or Archive of Highlights or Series: LICENSEE is NOT entitled to assign the rights granted under this agreement in whole or in part to third parties or companies, e.g. through sub-distributors and/or sales agents in various markets and distribution channels.

4.10.

Trailer & Promotion: LICENSEE will be entitled to use excerpts of the content for trailers and promotional purposes only, not exceeding 3 (three) minutes in duration.

4.11.

LICENSEE is not entitled to use the content in combination with productions other than the programme, interviews or footage other than the programme or integrate the content or excerpts of it in other productions not related to the programme; with the exception of an extra written contract allowing this kind of usage.

4.12.

Graphics: LICENSEE guarantees that only the official graphics are used in all broadcasts of the programme.

4.13.

Programme Sponsors: LICENSEE shall be entitled to sell any broadcast sponsorship freely to any third party, as long as the broadcast sponsorship is offered on no less favourable terms to the third party as it is offered to the official event sponsors. Furthermore, LICENSEE warrants that any broadcast sponsorship in and around the Programme/Event, that is sold to a third party who is not an official sponsor, shall not be in conflict with existing event sponsors and shall not imply that they are a sponsor of the event but of the programmes broadcast only.

4.14.

Wording: When referring to the Event, in particular during promotion or broadcast of the programmes or in communications to the media, LICENSEE shall use its best endeavours to always refer to the Event by its full name.

4.15.

Broadcast Information: LICENSEE shall use its best efforts to provide QUATTRO MEDIA detailed broadcasting information of any content received and broadcasted with information about name of show, date and time of first broadcast, full duration, number of airings/reruns. This information shall be provided at latest within 12 weeks after broadcast.

4.16.

Music rights of all content is cleared by QUATTRO MEDIA. LICENSEE takes care for independent payments to Professional Music Rights Organisations in the territory of broadcasts. Therefore, QUATTRO MEDIA delivers music cue sheets along with the delivered content available on ftp-server as well.

5. Excluded Rights

Any further use of the content, in particular any use for your own interests, activities, services or products (including the creation of new products such as documentaries etc.) is strictly prohibited. For the avoidance of doubt, the following rights are expressly excluded from the News Use license:
-Theatrical exhibition rights, i.e. the right of exploitation by exhibition of the Programme in whole or in part to the public irrespective of the technical type of the presentation system and the way of the transportation of the signals to be presented. The theatrical rights cover all commercial and non-commercial presentations in movie theatres and other locations to the viewers present at such location.
- Commercial rights, i.e. the right of using the content for advertisement spots or advertisement trailers in connection with brands and industry irrespective of the kind of media type and presentation system.

6. Warranty

7. Monitoring

We may, at our discretion, monitor or record your account and content used by you, i.e. for the purposes of ensuring compliance with these terms or usage research and controlling. We reserve the right to edit or delete any and all material or data, including text, audio and video, which we consider to be in breach of the above mentioned terms and conditions.

8. Disclaimer and Limitation of Liability

We make no express or implied representations or warranties of any kind (and all representations and warranties are expressly disclaimed to the fullest extent permitted under applicable law) with respect to the accuracy, quality, timeliness including in respect of delivery, operability, merchantability, availability, or completeness of the ftp-server or towards intellectual property or any other rights of third parties of the content for a particular purpose.

9. Termination and Suspension of your account

You may cancel your account at any time upon written notice. In this case, please e-mail QUATTRO MEDIA at media@4msports.com.