PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (the Agreement) apply to your use of this website and the content contained therein (the TA Image Gallery), and do not alter in any way the terms or conditions of any other agreement you may have with TA. If you are using the TA Image Gallery on behalf of any entity, you further represent and warrant that you are authorised to accept this Agreement on such entity's behalf, and that such entity agrees to indemnify TA for violations of the Agreement.
AGREEMENT FOR USE OF THE TOURISM AUSTRALIA IMAGE GALLERY
Last Updated: 13 August 2013
TOURISM AUSTRALIA (ABN 996 575 487 12) of Level 29, 420 George Street, Sydney, New South Wales 2000 Australia (TA)
The party seeking permission to use TA Images and/or TA Brand Elements from the TA Image Gallery (the Client)
TA is the owner of the TA Images and the TA Brand Elements. If TA is not the owner, then TA has procured the appropriate permission to make available the TA Images and the TA Brand Elements on the TA Image Gallery.
A. The TA Images and the TA Brand Elements are provided to the Client solely for the purpose of positively promoting tourism to Australia, unless otherwise agreed in writing by TA.
B. TA agrees that the Client can use the TA Images and TA Brand Elements, subject to the terms and conditions set out in this Agreement.
THE PARTIES AGREE
1. DEFINITIONS AND INTERPRETATION
a. In this Agreement, unless the contrary intention appears the following definitions apply:
Client Registration and/or Client’s Registration means the information submitted by the Client enabling the Client to gain entry into the TA Image Gallery;
Client Request and/or Client’s Request means all the information received by TA, from the Client, requesting use of TA Images or TA Brand Elements selected by the Client, including the information contained in the Client’s Registration or via the hardcopy form Tourism Australia Visual Assets Client’s Request - Usage in Accordance with Attached Agreement for Use of the Tourism Australia Image Gallery if supplied by TA to the Client;
Indigenous Talent means people of Australian Aboriginal or Torres Strait Islander descent featured in TA Images;
Intellectual Property means all copyright and all rights in relation to registered and unregistered trade marks, registered designs, and all other rights resulting from intellectual activity or artistic fields;
Moral Rights means moral rights as described in Part IX of the Copyright Act 1968 and any analogous rights arising under statute that exist, or may come to exist, anywhere in the world;
Performer means someone involved in a live performance, which includes: Performance of a dramatic work; performance of a musical work; the reading, recitation or delivery of a literary work; performance of a dance; performance of a circus act or a variety act or any similar presentation or show; or performance of an expression of folkore - this could include an Indigenous cultural expression such as dance, a story or ceremony.
TA Brand Elements means all versions of the TA Logos, Indigenous Art, graphic treatments, illustrations, artwork, colours, fonts, and the like available from the TA Image Gallery;
TA Brand Guidelines means the guidelines set out in and available from the TA Image Gallery;
TA Contact Person means the TA officer specified in Clause 20;
TA Image Gallery means the web-based interfaces that contains the TA Images and the TA Brand Elements;
TA Images means still and moving imagery, and maps available from the TA Image Gallery and/ or via hardcopy from time to time if approved by a TA staff member;
TA Indigenous Art means all versions of the icons, textures and patterns available from the TA Image Gallery;
TA Logos means all versions of the TA logo (including icons, pictures and words used in such logos) available from the TA Image Gallery.
b. In the interpretation of this Agreement, unless such interpretation shall be excluded by or repugnant to the context:
1. words importing the singular number include the plural number and vice versa;
2. words importing any gender shall include all other genders;
3. "person" includes a corporation;
4. all references to statutes shall also refer to statutes amending or re-enacting or replacing the statutes referred to and shall include a reference to all Proclamations Orders in Council regulations rules by-laws ordinances and any other instruments and directions (if any) made there under;
5. all covenants warranties undertakings and agreements herein shall if entered into by more than one (1) person be deemed to be joint and several;
6. headings and sub-headings have been included for ease of reference only and this Agreement is not to be construed or interpreted by reference to such headings or sub-headings; and
7. all Schedules to this Agreement shall be read and construed as forming part of the terms of this Agreement.
2. TERM OF AGREEMENT
a. This Agreement commences upon acceptance by TA of the Client’s Registration.
b. For the purposes of Clause 2(a), TA will communicate its acceptance of the Client’s Registration and any subsequent Client Requests by sending an electronic mail to the Client, at the Client’s electronic mail address, as provided by the Client in the Client’s Registration.
3. GRANT UNDER THIS AGREEMENT
a. TA grants to the Client a non-exclusive, non-transferable, revocable licence to use the TA Images and/or the TA Brand Elements outlined in the Client’s Request, for the primary purpose of positively promoting tourism to Australia, or for any other purpose approved by TA in its sole discretion, in accordance with the terms and conditions of this Agreement.
b. Should the Client wish to use the TA Images and/or the TA Brand Elements again, for either the same or different purpose specified in the Client’s Request, the Client must revisit the website and reorder the TA Images and/or the TA Brand Elements.
4. LIMITATIONS ON GRANT OF LICENCE
a. The licence granted to the Client under Clause 3 is subject to the Client ensuring that:
i. the TA Images and the TA Brand Elements are used solely for the purpose specified in the Client’s Request. The TA Images and/or TA Brand Elements may not be used for a purpose other than the specified purpose without the prior written consent of TA;
ii. its employees, agents and contractors do not use the TA Images and/or the TA Brand Elements in a manner inconsistent with the purposes set out in the Client’s Request;
iii. it does not modify or alter in any way the TA Images and/or the TA Brand Elements;
iv. it does not distribute the TA Images and/or the TA Brand Elements to third parties;
v. they acknowledge and agree that except for the licence granted in this Agreement, the Client has no right, title or interest in any of the TA Images and/or TA Brand Elements. All rights not expressly granted in this Agreement are reserved by TA;
vi. they do not reproduce, loan, sell or licence the TA Images and/or TA Brand Elements or use the TA Images and/or the TA Brand Elements to produce materials for sale without the prior written consent of TA;
vii. if the Client's Request is granted automatic approval by TA, TA grants to the Client a non-exclusive, non-transferable, revocable licence to use the TA Images and/or the TA Brand Elements outlined in the Client’s Request, for the sole purpose of positively promoting tourism to Australia, in accordance with the terms and conditions of this Agreement; and
viii. it maintains at all times, in TA’s view, a reputation of high standing, within the tourism industry and other related industries.
5. CLIENT’S REGISTRATION DATA AND ACCOUNT SECURITY
a. The Client agrees to:
i. provide accurate, current and complete information as may be prompted by any forms on the TA Image Gallery (the Client’s Registration and the Client’s Request);
ii. maintain and promptly update the Client’s Registration, and any other information the Client provides to TA, to keep it accurate, current and complete;
iii. maintain the security of the Client’s password and identification, this means their username and password to the TA Image Gallery is individual and protected (i.e. every Client must have their own username and password, regardless of whether they work for the same company) and these details must not be disclosed to any other party under any circumstances;
iv. notify TA immediately of any unauthorised use of the Client’s account or otherbreach of security;
v. accept all responsibility for any and all activities that occur under the Client’s account; and
vi. accept all risks of unauthorised access to the Client’s Registration and any other information the Client has provided to TA.
6. CLIENT’S ACKNOWLEDGEMENT
a. The Client acknowledges that:
i. an approval of the Client Registration does not constitute permission in any way to deal with or obtain any of the TA Images and the TA Brand Elements;
ii. TA may in its absolute discretion, and without notice, decide whether to accept or reject the Client’s Registration and/or the Client’s Request;
iii. TA may in its absolute discretion, and without notice, instruct the Client to permanently remove TA Images and TA Brand Elements from the Client’s material;
iv. TA may in its absolute discretion, and without notice, deregister a Client from the TA Image Gallery; and
v. TA does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in the TA Images and the TA Brand Elements. The Client is responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of the TA Images and/or TA Brand Elements.
7. CLIENT’S WARRANTY
a. The Client warrants that:
i. the information provided to TA contained in the Client’s Registration is accurate at the date the Client’s Registration was submitted for approval to TA;
ii. in the event that any of the information contained in the Client’s Registration changes from that provided to TA, the Client will notify TA within seven (7) days of becoming aware of such a change;
iii. the information provided to TA contained in the Client’s Request is accurate at the date the Client’s Request was submitted for approval to TA; and
iv. in the event that any of the information contained in the Client’s Request changes from that provided to TA, the Client will notify TA within seven (7) days of becoming aware of such a change.
8. CONDITIONS OF USE OF THE TA IMAGES AND THE TA BRAND ELEMENTS
a. Presentation Requirements
i. Subject to paragraph 8.a(ii), the Client must not without the prior written consent of TA use the TA Images and the TA Brand Elements in a manner that is inconsistent with the terms of this Agreement.
2. The Client may, if necessary, crop TA Images.
b. Website Requirements
i. The Client must limit all TA still Images and Brand Elements displayed on a website to a maximum of 72 dots per inch (DPI).
c. Additional Requirements for TA Brand Elements
The Client must ensure use of the TA Brand Elements is consistent with all of the following requirements:
i. The Client must send an artwork mock-up incorporating the TA Brand Elements to the TA Contact Person for approval prior to final display to ensure adherence to the TA Brand Guidelines; and
ii. approval for use of the TA Brand Elements is only granted for one (1) year from the date of the Client’s Request, after which the Client may request to continue their use of the TA Brand Elements by placing another Client Request through the TA Image Gallery.
d. Additional Presentation Requirements for TA Brand Elements
The Client must ensure use of the TA Brand Elements is consistent with all of the following presentation requirements:
i. The Client must use the TA Brand Elements in accordance with the TA Brand Guidelines; and
ii. the minimum size and clear space around the TA Logos is always maintained.
e. Incorporation into Artwork
The Client must ensure, where it incorporates into any artwork or other material the TA Images and/or the TA Brand Elements, that:
1. the final artwork and other material is of a professional standard;
2. the TA Images and the TA Brand Elements are not demeaned or disparaged in any way by its incorporation; and
3. the TA Images and the TA Brand Elements are used in their entirety and in their original colours.
f. TA Attribution Requirements
The Client, when using or presenting TA Images in any medium, must attribute the photographer and TA, as well as the copyright owner (if applicable) as the source and owner of the Images, by providing in a reasonably prominent location:
i. a credit line to the photographer, Tourism Australia and (if applicable) the copyright owner;
and, in the case of online executions:
ii. a link to the internet address: http://australia.com
If the TA Image includes a Performer and the information is provided on the TA Image Gallery, the Client, when using or presenting the TA Image in any medium, must attribute the performer accordingly, by providing in a reasonably prominent location:
i. the name of the Performer;
ii. the name of the performance and/or event they are performing at;
iii. the name of the group, troupe or business the Performer is representing; and
iv. if the Performer is Indigenous, the language group or community the Performer is representing.
g. TA Captioning and Context Requirements
The Client must at all times, when using or presenting the TA Images in any medium ensure:
i. TA Images are captioned appropriately, and where a full caption is not possible, the region must be indicated. and
ii. TA Images are used in relevant context i.e. imagery is appropriate and relevant to the body of text where it is placed. For example, an image of the New South Wales coast cannot be used to promote a tour or attraction located in Victoria, likewise any indigenous talent or artwork must be used to promote Australia, and where possible, the particular region of Australia it relates to.
h. Verification of Use of TA Images and Logo
1. Within one (1) month of using the TA Images and/or the TA Brand Elements in a publication, the Client must forward a copy of the publication either electronically or in hard copy to TA.
2. Within seven (7) days of using the TA Images and/or the TA Brand Elements on a website, the Client must notify TA of the uniform resource locator (URL) of that website.
9. USE OF SPECIFIC TA IMAGES
a. Uluru-Kata Tjuta National Park
Still and moving imagery of Uluru-Kata Tjuta National Park requires a permit for usage.
The Client is responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of any TA Images featuring Uluru-Kata Tjuta National Park.
The Permit application package can be obtained from the Uluru-Kata Tjuta National Park website: http://www.environment.gov.au/parks/permits/index.html
For any queries or further information please contact the Uluru-Kata Tjuta National Park Senior Media Officer:
Senior Media Officer
Uluru-Kata Tjuta National Park
PO Box 119
Yulara NT 0872
Phone +61 8 8956 1113
Fax +61 8 8956 2360
b. Indigenous Talent
TA Images may feature people of Australian Aboriginal or Torres Strait Islander descent (‘Indigenous Talent’). In the event of the Indigenous Talent’s death his or her family can contact Tourism Australia’s Visual Assets unit to arrange removal of the Indigenous Talent’s image from TA Images. This means that TA may in its absolute discretion, and without notice, instruct the Client to permanently remove any TA Images featuring the Indigenous Talent from its material, regardless of whether the material is in electronic or hardcopy format. Please refer to http://www.indigenous.gov.au/stories/cultural-protocols-relating-to-deaths-in-indigenous-communities/ for more information.
10. ELECTRONIC STORAGE
a. The Client agrees that:
i. TA Images and/or TA Brand Elements must not be duplicated, scanned or electronically retained except as necessary for the purpose specified in the Client’s Request;
ii. they may download the TA Images and/or TA Brand Elements only onto one computer hard drive or other computer medium and may not make, use or distribute copies of the TA Images and/or TA Brand Elements for any purpose other than that specified in the Client’s Request;
iii. they may not store the TA Images and/or TA Brand Elements on any image storage jukebox, network configuration or similar computer network arrangement;
iv. unless otherwise agreed by TA, the TA Images and/or TA Brand Elements must be deleted from all electronic and removable media and any other copies of the TA Images and/or TA Brand Elements must be destroyed no more than sixty (60) days from the date on which the TA Images and/or TA Brand Elements is downloaded; and
v. until the Client deletes or otherwise destroys all copies of the TA Images and/or TA Brand Elements, the Client must ensure that any identification number and copyright information included with the TA Images and/or TA Brand Elements is retained.
11. INTELLECTUAL PROPERTY
a. This Agreement does not confer on the Client, any rights of ownership in the TA Images and the TA Brand Elements.
b. The Client acknowledges that the TA Logos are trademarks owned by TA.
c. All intellectual property rights in the TA Images and the TA Brand Elements, including but not limited to copyright and trademark rights, will remain vested in TA and are unaffected by this Agreement and the Client’s licence granted under this Agreement.
a. The Client will indemnify and keep indemnified TA against any loss, costs, expenses, damages and liability of any kind, which TA may sustain or incur, arising directly or indirectly from any claim relating to the use of the TA Images and the TA Brand Elements, made or permitted to be made by the Client, or relating to any derivative artwork or other material by or on behalf of the Client which incorporates the TA Images and the TA Brand Elements.
a. The TA Image Gallery, TA Images and TA Brand Elements are provided ‘as is’ and TA and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. TA will not be liable for any damages of any kind arising from the use of the TA Image Gallery or its content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the content of the TA Image Gallery are not warranted to be uninterrupted or without error. The Client, not TA, assume the entire cost of all necessary servicing, repair or correction due to the Client’s use of the TA Image Gallery or the TA Images and/or TA Brand Elements. TA make no warranty that the TA Image Gallery or the TA Images and TA Brand Elements are free from infection by viruses or anything else that has contaminating or destructive properties.
14. EXCLUSION OF LIABILITY
a. The Client agrees that in no event shall TA be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of revenue, loss of profits, loss of production, loss of data, loss of goodwill or credit, loss of reputation or future reputation or publicity, loss or denial of opportunity, or increased or wasted overhead costs whether in an action in contract, tort (including but not limited to negligence) or otherwise arising out of or in any way connected with the use of the TA Image Gallery, the services, the TA Images and TA Brand Elements content or the materials contained in or accessed through the TA Image Gallery, including without limitation any damages caused by or resulting from reliance by the Client on any information obtained from the TA Image Gallery, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to TA Image Gallery records, programs or services. In no event shall the aggregate liability of TA, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the TA Image Gallery exceed any compensation the Clients pays, if any, to the TA Image Gallery for access to or use of the TA Images and/or the TA Brand Elements.
15. QUALITY OF PRODUCT
a. TA does not make any representations or warranties that TA Images or TA Brand Elements obtained from the TA Image Gallery are entirely free from errors in accuracy, correctness or reliability.
b. TA offers a search feature within the TA Image Gallery. TA explicitly disclaims any responsibility for the content or availability of information contained in the search index or directory. TA also disclaims any responsibility for the completeness or accuracy of any directory or search result.
a. Links to the TA Image Gallery
The Client may not use TA Images, TA Brand Elements or other proprietary graphic of the TA Image Gallery to link to the TA Image Gallery without the express written permission of TA. Further, the Client may not frame any TA Images, TA Brand Elements or other proprietary information, including the TA Image Gallery content, without TA's express written consent.
b. Links within the TA Image Gallery
TA makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the TA Image Gallery, or websites linking to the TA Image Gallery. Such sites are not under the control of TA and TA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. TA provides these links to the Client only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by TA of any site or any information contained therein. When the Client leaves the TA Image Gallery, the Client should be aware that TA’s terms and policies no longer govern. The Client should review the applicable terms and policies, including privacy and data gathering practices, of any site to which the Client navigates from the TA Image Gallery.
The Client’s participation, correspondence or business dealings with any third party found on or through the TA Image Gallery, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Client and such third party. The Client agrees that TA shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
a. TA may, in its absolute discretion, at any time change the terms and conditions set out in this Agreement.
b. When TA make changes, TA will revise the "Last Updated" date at the top of the Agreement.
c. Any changes will be effective immediately upon posting on the TA Image Gallery.
d. The Client’s continued use of the TA Image Gallery following the posting of changes will constitute the Client’s acceptance of such changes.
a. If the Client breaches a clause contained in this Agreement, TA may terminate this Agreement immediately.
b. Upon termination of this Agreement:
i. all licence rights granted to the Client will immediately cease;
ii. the Client must return to TA all copies of TA Images and TA Brand Elements in its possession; and
iii. the Client must delete or destroy all copies of TA Images and TA Brand Elements held by the Client in electronic form, unless otherwise agreed by TA.
19. CLAUSES TO SURVIVE TERMINATION
a. All of the following clauses will survive termination of this Agreement:
i. Clause 4 - Limitation’s on Grant of Licence;
ii. Clause 5 – Client’s Registration Data and Account Security;
iii. Clause 6 – Client’s Acknowledgement;
iv. Clause 7 – Client’s Warranty;
v. Clause 9 – Use of Specific TA Images;
vi. Clause 10 – Electronic Storage;
vii. Clause 11 – Intellectual Property;
viii. Clause 12 – Indemnity;
ix. Clause 13 – Exclusion of Liability;
x. Clause 14 – Disclaimer;
xi. Clause 15 - Quality of Product;
xii. Clause 16 – Links; and
xiii. Clause 17 – Amendments
a. All notices, approvals, consents, return of material or other communications required or permitted to be given under this Agreement, unless required otherwise, must be delivered by prepaid postage or certified mail, by hand or electronic mail to the TA Contact Person:
Visual Assets Coordinator
420 George Street
Sydney NSW 2000
b. For the purposes of clause 20(a), a notice is deemed given:
i. five (5) days after deposit in the mail with postage prepaid or certified;
ii. when delivered by hand;
iii. if sent by electronic mail, when that electronic mail is received into TA’s electronic communication system, as evidenced by computer records of TA.
a. A party shall not assign or otherwise deal with this Agreement or any right under this Agreement without the prior written consent of the other party.
a. If a court determines that a word, phrase, sentence, paragraph or provision in this arrangement is unenforceable, illegal or void then it shall be severed and the other provisions of this arrangement shall remain operative.
23. JURISDICTION AND PROPER LAW
a. This Agreement shall be governed by and construed in accordance with the law for the time being in force in the New South Wales, Australia and the parties hereto submit to the jurisdiction of the courts of New South Wales, Australia, in respect of all matters arising hereunder or related hereto.
24. FURTHER ACTS
a. Each party will promptly do and perform all acts and execute and deliver all documents (in a form and context reasonably satisfactory to that party) required by law or reasonably requested by the other party to give effect to this Agreement.
25. ENTIRE AGREEMENT
a. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof, and supersedes any previous agreements or understandings.