Reuters Open Media Express
Terms of Use
Updated on Jun 16, 2015
Upon your submission and our acceptance of your Registration (as defined below), these Terms of Use
shall form a legally binding contract between you or the organization you represent (“you”) and Thomson
Reuters (Markets) LLC (“we” or “Reuters”). Please read this document carefully as it shall govern your
use of the Open Media Express website or any alternate or mobile versions thereof (the “Service”) and
any text, photographic image, audio, video, graphics, metadata, caption or other content or information
(including third party content) available therein (individually and collectively, the “Content”) which may be
available for access, embed, stream or download through the Service. For clarity, although you may
search and browse Content within the Service prior to Registration, no further use is permitted until you
have registered.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, EMBEDDING STREAMING
AND/OR DOWNLOADING ANY ITEM OF CONTENT, YOU AGREE TO BE LEGALLY BOUND BY AND
HEREBY CONSENT TO THESE TERMS OF USE AND THE PRIVACY POLICY (COLLECTIVELY, THE
“AGREEMENT”). YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD;
THAT YOU ARE LAWFULLY ABLE TO ENTER INTO THE AGREEMENT; AND THAT NEITHER YOU
NOR YOUR ORGANIZATION ARE LOCATED IN INDIA, CHINA, THE REPUBLIC OF KOREA, OR
JAPAN. FURTHERMORE, IF YOU ARE ACCEPTING THE AGREEMENT ON BEHALF OF AN
ORGANIZATION (SUCH AS YOUR EMPLOYER OR ANOTHER ENTITY WHICH YOU REPRESENT)
THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE FULL LEGAL AUTHORITY TO
BIND SUCH ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE
TO THE TERMS OF THE AGREEMENT, THEN YOU MAY NOT USE THE SERVICE OR ACCESS,
STREAM, EMBED OR DOWNLOAD ANY CONTENT.
Reuters reserves the right to change the Agreement and/or to modify, discontinue, disable or terminate
the Service (or any part or feature thereof) at any time, without prior notice. If we make any changes to
the Terms of Use, we will post an updated version on this website and may require you to confirm your
agreement to such updated version in order for you to continue using the Service. Your continued use of
the Service by accessing, streaming, embedding or downloading any Content following the posting of
such updated version constitutes your acceptance of any changes to the Agreement. For clarity, the
version of the Terms of Use in effect at the time of your initial stream, embed or download of any item of
Content will govern your rights and obligations with regard to that particular Content. We suggest that you
print out and keep a copy of the relevant version of the Terms of Use and any Order confirmation for your
records.
The Agreement is not intended to alter the terms or conditions of any other agreement you (or your
organization) may have with Reuters, its subsidiaries or affiliates, for any other service, even if such other
service has content which overlaps or is the same as the Content made available in the Service. To the
extent of any conflict, the terms of your license agreement for such other service will prevail with regard to
any content accessed through such other service.
1. DEFINED TERMS.
“Website” means any digital publication, as specified in your Registration, in which you intend to
publish and distribute Content for viewing on an electronic device via the Internet, any website,
intranet, mobile platform, applications for mobile devices and/or downloadable electronic copies
meant for individual, personal consumption by end-users subscribing to or accessing your digital
publication (such as an e-newsletter); but does not include broadcast television or any electronic
copies that would allow an end-user to download or make use of the Content outside the context of
your service. For clarity, you are prohibited from making any Content available in a way that is
intended or allows a third party to download, extract or access the Content as a stand-alone file.
“Download Count” means the number of Downloaded Content or Embedded Content items
associated with your account.
“Downloaded Content” means any Content downloaded by you from the selection of Content that is
made available by Reuters on the Service for free download and which shall count toward your
Download Count.
“Embedded Content” means any Content that is published by you on your Website either through an
Embedded Player or as streaming content played using your native video player from the selection of
Content made available on the Service. Certain Embedded Content may count toward your Download
Count, as indicated in the Service.
“Embedded Player” means any means of embedding the Embedded Content in your Website
provided or otherwise authorized by Reuters through the Service.
“Editorial Use” means use relating to events that are newsworthy or of general interest to the public
(i.e., for the purpose of reporting and/or commenting on such events). It includes use of Content to
portray people, places, things and events that provide context for news articles, blog posts and news
websites. Editorial Use does not include any commercial use as further discussed in Section 2.2
below.
“Order” means the record of the items of Content you have selected to license from Reuters from the
Service.
“Photograph” means any Content which is a photographic image available for download via the
Service, including any caption or other information associated with each such photographic image.
“Photographer” means any person who took a Photograph, as may be identified in relation to such
Photograph or elsewhere.
“Registration” means the registration information, user name and password submitted/created by you
in accordance with the registration procedures within the Service. The information provided by you in
your Registration shall form part of the license and this Agreement.
“Thomson Reuters Group” means collectively (i) any entity that, from time to time, directly or indirectly
controls, is controlled by, or is under common control with Reuters, or that is a successor (including,
without limitation, by change of name, dissolution, merger, consolidation, reorganization, sale or other
disposition) to any such entity or its business and assets. For the purposes of this definition, “control”
means the power to direct or cause the direction of the management or policies of another entity,
whether through the ownership of voting securities, by contract, or otherwise.
2. EDITORIAL USE LICENSE
2.1 Grant of License. Subject to the terms of this Agreement, Reuters hereby grants you a non-exclusive,
non-transferable license to make a one-time embed, stream or download (as applicable) of the
Content selected in your Order, and to publish, display and distribute the same only as incorporated
into your Website. All other rights in and to the Content, including all copyrights, are retained by the
Thomson Reuters Group. For clarity, Content may not be used or distributed in any broadcast
television program, in any print publication, or in any other media that is not a Website.
2.2 Editorial Use/No Commercial Use. All Content available on the Service is for EDITORIAL USE
ONLY. You are not permitted or authorized to make any commercial or non-editorial use of any
Content, including, without limitation, any promotional, endorsement, advertising or merchandising
use; use in any “advertorials” for which you receive a fee or other compensation from a third party for
featuring a brand or product within the context of your work; to raise money; corporate usage such as
annual reports; or any commercial mobile or wireless usage such as screensavers, games and nonnews related messaging services. You acknowledge that (a) certain laws prevent the use of a
person’s image, likeness or property for non-editorial, commercial or promotional use without a
written release and (b) the Content available in the Service and the people, subject matter or material
depicted therein has not been cleared for any such uses. Reuters does not obtain any model and/or
property clearances or releases and does not purport to grant any rights in the Content other than as
expressly set forth herein. It is your sole responsibility to determine if your use is an Editorial Use.
2.3 Download Count Limits. Reuters, in its sole discretion, may set a maximum monthly Download
Count, as communicated in the Service at the time of download, embed or stream. Some Embedded
Content from third party providers will not count toward the Download Count (as indicated in the
Service). Once you have reached the maximum Download Count in any given month, you may not
download or publish any additional content to which such limits apply until the next calendar month.
Each item of Downloaded Content (as reflected in any Order) counts toward the Download Count,
regardless of whether you actually publish any such Downloaded Content item in your Website. If
you do not hit the Download Count limit in a given month, the unused amount does not roll over into
the next month. You shall not use multiple registrations to bypass the Download Count limits.
Furthermore, if you are downloading or publishing content on behalf of an organization, Reuters
reserves the right to consider the total amount of Content used by all registered accounts associated
with the same organization or the same Website as a single account for purposes of determining if
you have exceeded the maximum permitted Download Count.
2.4 Additional Terms Applicable to Downloaded Content. The following additional terms shall apply to
any Downloaded Content:
(a) Not all Content accessible in the Service is available for download and availability may change
without notice.
(b) The license to Downloaded Content is a “single use” license, meaning that if you want to make an
additional use of the same item of Content, you must repeat the download order procedure.
(c) You may make and store internal copies of the Downloaded Content solely as necessary for the
purpose of creating your finished work, provided however, that (i) you will not remove any
proprietary notices on such internal copy and (ii) you may not store any unused Downloaded
Content for more than thirty (30) days after such download (whether in hard copy or electronic
format). After such 30-day period, you will delete or destroy all internal copies of the Downloaded
Content, including copies in any content management systems, provided however, that you may
continue to display such Downloaded Content as part of and in the exact context as it was
originally published in your Website for up to ninety (90) days from the date of download, after
which you must delete it from any digital medium in which it is displayed. For clarity, use after
such 30-day internal storage period or continued display in your Website after such 90-day
display period (as applicable), will require you to repeat the download procedure for the relevant
Downloaded Content (if it is still available).
(d) With regard to any Photograph, you agree that you will provide clearly visible written credit to
Reuters and to any Photographer credited in the caption of a Photograph which you publish. The
credit should read either "Reuters/Jane Doe" or "Jane Doe/Reuters" where "Jane Doe" is the
name of the Photographer or, where no Photographer is specified in the caption, "Reuters". You
must also include any copyright notice that accompanies the Photograph or one in the form “©
Thomson Reuters. All rights reserved”.
(e) You may not edit, modify, remove, add to or alter any Downloaded Content without obtaining the
written permission of Reuters or subject any Downloaded Content or the subject matter thereof to
derogatory treatment. You can, however, crop a Photograph for size or to fit your layout, provide
that such cropping does not distort or change the editorial meaning of the Photograph.
2.5 Additional Terms Applicable to Embedded Content. The following additional terms shall apply to any
Embedded Content:
(a) Not all Content on the Service will be available for embedded or streaming use, and availability
may change without notice.
(b) Where enabled, you may embed or stream Content in your Website using the Embedded Player
or in your native player.
(c) Reuters reserves the right in its sole discretion to remove Content from the Embedded Player or
from any stream.
(d) You may not use Embedded Content outside of the context of the Embedded Player or the
stream in your native player or alter it in any way, except that Embedded Content provided in a
stream may be edited for length only, provide that such editing does not distort or change the
editorial meaning of such Embedded Content.
(e) Reuters (or third parties acting on its behalf) may collect data related to use of the Embedded
Player and Embedded Content, and reserves the right to place advertisements and/or
sponsorships in the Embedded Player or within the Embedded Content or otherwise monetize its
use without any compensation to you.
(f) You may continue to display any Embedded Content as part of and in the exact context as it was
originally published in your Website for up to ninety (90) days from the date of embed, after which
you must delete it from any digital medium in which it is displayed.
2.6 Restrictions, Withdrawals and Corrections. You will comply with any additional restrictions on the use
or publication of any Content of which Reuters notifies you (whether in the caption or script of the
relevant Content or otherwise). You must comply with any reasonable instructions from Reuters,
including withdrawal of items and/or publishing corrections in your Website if deemed reasonably
necessary by Reuters. You agree to take prompt action in response to any withdrawal communicated
to you, including ceasing use of the Content and using reasonable efforts to remove, insofar as is
possible, any withdrawn item, including where applicable, archived copies of your Website.
2.7 Social Media. If Content reproduced, embedded or posted on any third party social media platform,
and such social media platform seeks to exploit the Content in any way that is contrary to
the terms of this Agreement, then you shall remove the affected Content from such social media
platform.
2.8 Lawful Use. Your use of the Content must comply with all applicable laws. Any use in violation of
applicable law (including, without limitation, defamation laws) is strictly prohibited and may result in
the termination of your registered account, this Agreement and your license.
2.9 Verification of Use. Upon request from Reuters, you will provide reasonable information to verify your
compliance with this Agreement, including, if necessary, by providing a copy or access to your
Website at no cost to Reuters (which will only be used in connection with such verification).
3. INTELLECTUAL PROPERTY
3.1 Intellectual Property Rights. You acknowledge and agree that all intellectual property rights in the
Service and in the Content (in whole and in part), including, but not limited to, all copyright and
trademarks, are and shall remain the property of the Thomson Reuters Group, its affiliates, and/or its
licensors, and you shall not acquire any rights in them. Except for the license expressly set forth
herein, you are not conferred any right, by implication, estoppel or otherwise, under copyright or
other intellectual property rights, either now or in the future. Except as expressly permitted herein,
you may not remove, alter, forward, scrape, copy, sell, distribute, retransmit, create derivative works
or otherwise make available the Content to third parties without our prior written consent. You will
not remove any attribution or proprietary notices included in any Content, including those of any third
party content provider.
3.2 Security. You will use reasonable means to protect the security of any Content you download from
hacking or other unauthorized access, modification or distribution and you will take prompt action to
remedy any breach of security of which you become aware. You will promptly notify Reuters of any
incident of infringement of any Content of which you become aware and will provide Reuters with
reasonable assistance (at Reuters’ expense) in connection with any such incident.
3.3 Trade marks. Except as expressly authorized in this Agreement, you shall not use the Reuters name
or any Reuters trade mark, or the name or trade mark of any third party content provider, without
prior written consent. Any use by you of the Reuters name or any Reuters trade mark or any third
party content provider name or trade mark will inure to the benefit of the Thomson Reuters Group or
the applicable third party.
4. DISCLAIMERS, LIMITATION ON LIABILITY AND INDEMNITY
4.1 Disclaimers.
(a) YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ANY CONTENT,
COMPONENT OR FEATURE AVAILABLE THROUGH THE SERVICE IS ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REUTERS
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
COMPLETENESS, AND RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, REUTERS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM OR RELATED TO ACCESS, USE OR THE
UNAVAILBILITY OF ANY CONTENT OR THE SERVICE (OR ANY PART THEREOF).
(c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REUTERS, ITS PARENT
COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE
“REUTERS PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY
DIRECT, INDIRECT, CONSEQUESTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST
REVENUES, WHETHER IN NEGLIGENCE, TORT, CONTRACT OR ANY OTHER THEORY OF
LIABILITY, EVEN IF THE REUTERS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR
COULD HAVE FORESEEN ANY SUCH DAMAGES, AND INCLUIDNG AN DAMAGES THAT
RESULT FROM DISCONTINUANCE OF YOUR ACCESS TO THE SERVICE OR ANY CONTENT.
WITHOUT LIMITING THE FOREGOING, NO REUTERS PARTY SHALL BE LIABLE FOR
DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATION MADE TO THE
CONTENT BY YOU OR FROM THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.
(d) NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT
MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAT ONE YEAR AFTER THE CAUSE
OF ACTION FIRST AROSE.
4.2 Limitation of Liability. Reuters aggregate liability to you for loss, damage or costs under or in relation
to this Agreement (whether in contract, tort or otherwise) shall be limited to an aggregate of $500.
No other Thomson Reuters Group member will have any liability to you arising from this Agreement.
4.3 Indemnity. You shall defend, indemnify and hold harmless Reuters, its affiliates and their respective
officers, directors and employees, from all damages, liabilities and third party expenses (including
reasonable outside attorney’s fees) arising out of claims by a third party relating to or resulting from
(a) any use of the Content by you except as permitted in this Agreement or any other breach of the
Agreement; (b) any modification of the Content by you; or (c) the context of your use, including any
non-editorial or commercial use of the Content.
5. MISCELLANEOUS TERMS.
5.1 Termination for Breach. Any use of the Content except as set forth in this Agreement is a violation of
Reuters’ proprietary rights in the Content and considered a copyright violation. You are responsible
for any damages resulting from any unauthorized use, including any claims by a third party. Reuters
may terminate this Agreement and all licenses to the Content granted herein in the event that you (a)
provide inaccurate information about your actual or proposed use of the Content; (b) you otherwise
breach the terms of this Agreement. Upon termination for breach, you must immediately stop using
the Content, delete or destroy any copies of the Content, including any copies of the Content in your
Website.
5.2 Registration and Password. You represent and warrant that the information provided in your
Registration is complete and accurate to the best of your knowledge, and you will inform us of any
changes to your Registration information. You are responsible for the use of any password you create
as part of your Registration and for maintaining its confidentiality. You agree that we may use the
Registration information to identify you. We reserve the right to deny, restrict or terminate your access
to any Content or feature of the Service for any reason, in our sole discretion. You accept all
responsibility for any and all activities that occur under any account registered to you. If you are
registering an account on behalf of your organization, a password will be required for each employee
in your organization who is accessing the Service and each such individual will have to register to use
the Service. Any attempt to access any part of the Service which requires a password without the
required password is unlawful and could result in criminal and/or civil penalties.
5.3 Privacy Policy. Registration and any other information we obtain about you will be used in accordance
with our Privacy Policy. By submitting information to us, you consent to the transfer of such
information outside of your country. We reserve the right to access and disclose any information
about you (including personal data) in order to comply with applicable laws, regulations, court orders
or lawful governmental requests; to operate our systems properly; and to protect our rights and the
safety or interests of others, at our sole discretion.
5.4 Contact Information. You agree that any notice we may need to give you under this Agreement will be
deemed delivered if provided to the email address you have provided to us for purposes of contacting
you. You may contact Reuters with regard to this Agreement. If you wish to inquire about uses or
other licenses outside the scope of the permitted uses in this Agreement, please contact Sales.
5.5 DMCA. We respond to notices of alleged infringement that comply with the Digital Millennium
Copyright Act (DMCA). Please see DMCA copyright link for more information.
5.6 Additional Features. You acknowledge and agree that you are subject to any additional terms and
conditions (including, without limitation, any user guidelines or rules) posted on the Service in
connection with any additional features or component made available through the Service which you
choose to use. Any such additional terms and conditions so posted are hereby incorporated by
reference into this Agreement.
5.7 Entire Agreement; Severability; Non-waiver. This Agreement contains the entire agreement between
you and Reuters regarding your use of Reuters Open Media Express and the Content and
supersedes all previous agreements. Should any provision of the Agreement be held to be void,
invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will
not be affected thereby. Failure to enforce any provision of the Agreement will not constitute or be
construed as a waiver of such provision or the right to enforce it.
5.8 Governing Law; No Jury; No Class Action. The Agreement shall be governed by and construed in
accordance with the laws of the State of New York in the United States, without giving effect to any
principles of conflicts of law. You hereby agree that any disputes arising under or in connection with
the Agreement or the Service shall be submitted for resolution to federal and state courts in New York
County in the State of New York, and you hereby waive any jurisdictional, venue or inconvenient
forum objections to such courts. The United National Convention on the International Sale of Goods
shall not apply to the Agreement, the Service or any Content. You agree that by entering into this
Agreement, you and we are each waiving the right to trial by jury. You agree that any claim brought
by you under this Agreement will take place on an individual basis; that class actions are not
permitted; and you are hereby giving up you ability to participate in any class action in connection
with any claim against Reuters or any member of the Thomson Reuters Group arising out of this
Agreement.
CONFIRMATION OF ACCEPTANCE: PLEASE CONFIRM THAT BOTH YOU AND YOUR
ORGANIZATION (IF ANY) AGREES TO ACCEPT THESE TERMS OF USE BY CHECKING THE "I
ACCEPT" BOX BELOW. BY SO DOING, BOTH YOU AND YOUR ORGANIZATION WILL BE LEGALLY
BOUND BY THESE TERMS OF USE WHEN REUTERS CONFIRMS ITS ACCEPTANCE OF YOUR
REGISTRATION AND VALIDATES YOUR USERNAME AND PASSWORD.