THE ASSOCIATED PRESS DIGITAL USE TERMS AND CONDITIONS
Section 1. License.
1.1. Subject to execution of a valid and current College Newspaper Services Agreement ("the Agreement"') and to the terms and conditions set forth here, hereby grants to the subscribing college or university ("Subscriber") a non-exclusive, non-transferable limited license to: publicly perform, publicly display and otherwise include the news, internet and information from the produced online service(s) (''the AP Service") listed in Exhibit A of the Agreement, on the Subscriber’s Internet Newspaper editions, in accordance with the terms and conditions set forth herein.
Section 2. Limitations on Use of Content by Subscriber.
2. 1. Subscriber's use of the Content in its Internet newspaper editions is limited to news use only and must target the specific news and information in Subscriber's campus and surrounding local community.
2.2. Subscriber will not archive or otherwise retain any Content in an on-line or wireless electronically retrievable format for retrieval by Users for no more than 30 days without the express written permission of AP; provided that the foregoing limitation shall not apply to any electronic archival of the AP Service Material included in the Subscriber’s newspapers where the archival is of the entire contents of the printed newspaper and the archive is for sole purpose substantiating any stories published in the newspaper.
2.3. AP shall retain all right, title and interest in and to the Content, including, without limitation, the copyright.
2.3.1. Subscriber may present the Content only within Subscriber's online newspaper, which shall be branded with the name of the Subscriber.
2.3.2. Subscriber may not co-brand the content with any third party without the express written permission of AP.
2.3.3. Subscriber shall not make the Content available to any other Subscriber, person, or third-party affiliate, except with the express written permission of the AP.
2.3.4. Subscriber may not use the Content for any other purpose or platform not expressly approved herein or in the Agreement, including other URLS, MP3, USB storage devices or other wired or wireless devices, except with the express written permission of AP.
2.4. Nothing herein is intended to restrict Subscriber's ability to display advertising alongside the Content, or to allow Subscriber to enter into a common relationship in which an entity sponsors one or more sections (e.g., Business News) of Subscriber’s Internet editions.
2.5. AP shall engage in commercially reasonable efforts to reach agreement "with news aggregation sites in order to allow such sites to crawl, search, and otherwise access the Content on Subscriber's internet editions. If AP is unable to reach such agreements with any particular news aggregation site, AP will then request that Subscriber use commercially reasonable efforts to prohibit such entities (including parents, subsidiaries, separate divisions or business Member) from crawling, searching, indexing, scraping, copying, storing or otherwise accessing the Content on Subscriber's Internet editions. Subscriber is discharged of its obligations under this Section by displaying a notice against unauthorized crawling, searching, indexing, scraping, copying, storing or accessing the AP Content. The notice may be included as part of the terms and conditions applicable to Users of Subscriber’s internet editions. Nothing herein shall obligate Subscriber to enable any particular entity to crawl, search, index, scrape, copy, store or otherwise access Subscriber’s internet editions.
2.6 Any photos in the Content provided to Subscriber and selected by Subscriber for use as provided herein be made available on Subscriber’s Internet editions at a resolution of 640 by 480 pixels or lower or as notified by AP in its sole discretion from time to time.
2.7 Subscriber may use AP photos for news use only. AP conveys no trademark rights or rights of personality or publicity in the photos. Member shall not associate the photos with the promotion or sale of any product or service or associate the photo with any content that would bring the subject or the AP disrepute.
Section 3. Assessment.
Subscriber’s rights granted herein are subject to the payment of its Assessment according to Exhibit A of the Agreement and any supplemental Agreements. (collectively “The Assessment”) and to the consideration granted by Subscriber to AP in Section 5. below.
Section 4. Term of Agreement.
These terms and conditions shall become effective on the start date. and shall continue for the term of the Agreement.
Section 5. Subscriber Covenants
5.1. The Content which appears in Subscriber’s Internet newspaper editions will be labeled as copyrighted AP material and credited to AP as the source material as described in Exhibit B. Subscriber shall incorporate the notice of terms and conditions applicable to the Content as described in Exhibit B. Proper credit and incorporation of the form of notice by Subscriber in its Internet newspaper editions, in accordance with Exhibit B, which may be updated by AP from time to time, is a material part of these terms and conditions and constitutes a portion of the consideration to AP from Subscriber.
5.2. Subscriber agrees to not interfere with any copyright protection mechanism or copyright management information system, including any watermark employed by AP. Subscriber shall not interfere with or impair the function of any digital identification devices provided by AP with the Content.
5.3. Subscriber shall, without cost to AP, use commercially reasonable efforts, when otherwise updating such documents, to make AP a third-party beneficiary of Subscriber’s “Terms of Service” or similar agreements applicable to Users of or other visitors (whether an entity or any digital engine that crawls, searches, indexes, scrapes, copies, stores or transmits Web site content) to Subscriber’s Internet newspaper editions.
5.4. Subscriber will promptly notify AP of any unauthorized use, of which Subscriber becomes aware, of the AP Content. Subscriber agrees, if and when requested by AP, to use reasonable commercial efforts to cooperate in AP's investigation and prosecution of acts that violate AP's copyright or other rights in the AP Content.
Section 6. Kills, Corrections and Substitutions; Advances and Embargoes; Unavailable Services
Subscriber will promptly make all kills, corrections and substitutions, and abide by all advance, hold for release, embargo notices or other restrictions on the AP Content. Subscriber may not use any material from the AP Content in Subscriber's Internet newspaper editions slugged or identified as "advisory", "on-line or "not for publication".
Section 7. AP Access to Subscriber's Internet Newspaper Editions.
7.1. Subscriber will provide AP access to Subscriber’s Internet newspaper editions without charge, if requested by AP, as it relates to Subscriber's use of the Content under these terms and conditions. In addition, to assist AP with development of digital products and services that reflect market trends and patterns where commercially practicable and to the extent permitted under its online privacy policy. Subscriber shall provide AP with data that can reasonably inform AP of User interest in the Content. Such data may include the number of registered visitors, page views and other similar statistics provided that, AP's request for data is not intended to cover any personally identifiable information of visitors to or Users that Subscriber may collet for its own business purpose shall: AP shall: (i) maintain the confidentiality of all data collected under this Section; and (ii) only use such data aggregated with the data from other Subscribers.
Exhibit B
COPYRIGHT STATEMENT, NOTICE AND CREDIT
Photos: Include the credit listed in the caption provided for a particular photo.
Text: “(AP)”, or “By The Associated Press”, and the writer’s byline; and/or
All other content: Identify the source of the content, as the same is listed within the metadata and summary with the content.
