Media Rights Terms and Conditions
BEST IN THE DESERT (“BITD”) MEDIA RIGHTS TERMS & CONDITIONS
BITD is the sole and exclusive owner of all race related audio visual, photographic and media content associated with BITD racing events. BITD reserves all rights at law and equity concerning its rights to limit the copying, use, reuse, live streaming and rebroadcast by any third-party concerning all audio visual, video, photographic, images, live streamed media, or online data in any form or format (“Media”) concerning all BITD events.
Any media license offered by BITD to you is a limited, non-exclusive license offered at the sole discretion of BITD which can be revoked at any time by BITD. Regardless of category of license (Category A-C) BITD website(s), images, audio visual media in any form or format, press releases, promotions, races, race course layouts, race production, program content, or other multi-media content and services (“Media”) are made available to you by BITD and its affiliated companies including its successors assigns and/or third parties subject to these BITD Media Rights Terms and Conditions (the “Terms”). Except as expressly stated herein, any License offered to You by BITD does not grant you any intellectual property rights in the Media. All rights not expressly granted are reserved by BITD. These terms and conditions shall control in the event of any conflict between these terms and any other agreements between You and BITD.
You may not make any use of the BITD Media except as specifically authorized by BITD in writing and you may not use the Media in violation of any applicable laws or regulations. Except as expressly authorized by BITD in writing, you may not video, photograph, film, copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the BITD Media, any part thereof, or any materials derived therefrom, except as set forth in these Terms and any license issued by BITD in writing to you.
You may not use the BITD Media for any business or commercial purposes or otherwise derive financial gain based on any portion of the BITD race events and associated Media. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or tm) in the BITD Media; (ii) any digital rights management, content protection or access control measure associated with the BITD Media; or (iii) any advertisement on the BITD services. You may not use any software or services in connection with the BITD services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view media content without: (i) displaying visibly both content, credentials clearly noting BITD race footage and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
You are responsible for your use of the BITD Media if licensed to you and all materials you republish, upload, post, transmit or otherwise distribute or facilitate the distribution on or through any online service. BITD will provide written “No fee” Media Rights Licenses to record and/or photograph BITD live events for the following purposes:
- Race Team Use for distribution and/or broadcast on Race Team owned/controlled website(s) and non-public media outlets only at BITD discretion; and
- Press Use for distribution in online, print and broadcast media publications and news programs only at BITD discretion.
To obtain a “No Fee” Media Rights License under one of these two categories, a Media Credential Application must be completed and submitted prior to each event posted on this website. Race Team Use must be verifiable by a designated race team representative or Driver-of-Record. In consideration for the No Fee Media Credential, Race Teams must agree, upon request, to provide a copy of all media created by them to BITD for BITD’s non-exclusive, perpetual, worldwide, media use in all media.
Press Use must be verifiable through an application as well as a direct conventional business contact with the press outlet. Make sure to completely fill out the Media Credential Application by the applicable deadline, and provide adequate contact information so that the Race Team and/or Press Outlet can be contacted by BITD for verification purposes. Late applications will not be accepted. “No fee” Media Credentials issued under these two categories grant no rights in the Media other than Race Team or Press limited use which can be revoked by BITD at their discretion. No commercial use of any kind is authorized by BITD with a ‘no fee’ Media Credential and BITD retains all rights to recover damages, fees profits and equitable relief of any kind for such use.
BITD at its sole discretion may provide “Fee Based” Media Rights Licenses to record and/or photograph BITD live events for Commercial Use under the Category C media designation. Any Commercial Use will require a BITD Production License. BITD will also provide fee based Media Rights Licenses to acquire/use/distribute existing BITD content from the BITD media library. Such use requires a BITD Acquisition License. For either use such licenses are granted on a case by case basis, and the fee BITD charges is subject to the defined commercial use parameters, including but not limited to:
- Type of media (Television, Print, Online Website, Social Media)
- Territory (U.S., Worldwide)
- Term (Limited Term, Perpetuity)
- Length of Recorded Media used / Number of Images used
- Number of variations / edits of the use
- Willingness/ability to provide BITD with a copy of all media created under the license for BITD’s non-exclusive, perpetual, worldwide, use in all media.
Be prepared to provide all of the details of your intended commercial use, regardless of category, as set forth in the parameters listed above. BITD will work with you to insure a proper BITD Production License or BITD Acquisition License is prepared and executed. Once your BITD Production License is executed, you may then apply for the corresponding BITD Media Credentials in order to film/photograph/produce your commercially licensed media. Identify that you have an executed Production License in your Media Credentials Application and provide contact information so that it can be verified. Once your BITD Acquisition License is executed, BITD will work with you to provide you the exact footage you have licensed in the format you require if it is available.
BITD Media Credentials, in any category, are issued on an event-by-event basis only. There are no annual or automatically recurring Media Credentials issued. BITD Production Licenses are issued on an event-by-event basis corresponding to the Media Credentials assigned to the crew creating the media under license. BITD reserves the right to refuse to issue BITD Media Credentials at its sole and exclusive discretion. To obtain a BITD Production License or a BITD Acquisition License to create or acquire footage of a BITD live event for Commercial Use, contact:
Best In The Desert
3475 Boulder Hwy Unit B
Las Vegas, NV 89121