1. Whole Agreement
This Agreement constitutes the whole agreement between Tourism Tasmania ("Licensor") and the Licensee with respect to the Data, and supersedes any prior negotiations, agreement or understanding.
2. Warranty re Authority
If you are contracting on behalf of an organisation, You warrant that You are entitled to enter into the Agreement on behalf of the Licensee.
3. Grant of Licence
3.1 The Licensor grants to the Licensee a revocable, non-exclusive, non-transferable licence ("the Licence"):
(a) to access and download the current version of the Data from this Website; and
(b) to reproduce or authorise the reproduction of, the Image obtained from the Data for the Approved Purpose.
The Data must not be used for any purpose other than the Approved Purpose.
The Licence is not perpetual but for a single use only and will automatically expire once the Data has been used for the Approved Purpose.
3.2 In relation to Footage, the Licence is granted only with respect to the visual images in the Footage.
4. Attribution and Copyright Notices
The Image used by the Licensee must display the following notices:
(a) a notice, which is clear and reasonably prominent, identifying the photographer or creator of the Image;
(b) if the Data identifies or names a Business, or the goods or services of a Business, a notice identifying the name of the Business; and
(c) a notice identifying the Licensor as the copyright owner of the Image. The following notice is to be used for the purposes of Clause 4(b):
"Tourism Tasmania. All Rights Reserved".
5. Prohibition of certain Images being used for commercial purposes
If the Data identifies or names:
(a) a Business, or the goods or services of a Business; or
(b) an individual, company, unincorporated club, association or other body,
(the "Identified Party") then an Image obtained from that Data, must not be used, unless the prior written approval of the Licensor and the relevant Identified Party have been given to the Licensee, for the purposes of advertising or promoting any other commercial product.
The Licensee must not use Data until the fee, if any described on this Website as being payable for the Data, has been paid to the Licensor.
7. Retention of Notices
The Licensee must not remove, obscure or interfere with any copyright, acknowledgement, attribution, trade mark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Data.
8. Intellectual Property
Intellectual Property in the Data is owned by the Licensor.
9. Moral Rights
9.1 The Image must not be used in breach of the Moral Rights of the photographer or creator of the Image. In the case of Footage, the creators are the producer, the screenwriter and the director of the film. In the case of photographic images, the photographer is the creator.
9.2 The Licensee must not:
(a) use, or authorise the use of the Image in the absence of the Image displaying a notice, which is clear and reasonably prominent, identifying the photographer or creator of the Image;
(b) falsely attribute, or authorise the false attribution of the Image, as the work of someone other than the photographer or creator of the Image; or
(c) use, or authorise the use of the Image in a derogatory manner including material distortion, mutilation, material alteration or prejudicial treatment.
10. Disclaimer of Warranties
10.1 The Licensor does not warrant the accuracy, completeness, currency or suitability of the Data or the Image for any purpose.
10.2 The Licensor does not warrant that the Data when delivered or accessed will be capable of being processed on any equipment.
10.3 The Licensee acknowledges that the Data has not been prepared to meet the Licensee's individual requirements and that it is therefore the responsibility of the Licensee to ensure that the Data meets any such requirements.
10.4 To the extent permitted by law, the Licensor excludes all warranties in respect of the Data. In respect of any warranties that cannot be excluded by law, liability is limited, at the Licensor's option, to replacement of the Data, supply of equivalent data or refund of the licence fee, if any, paid by the Licensee to the Licensor.
11. Waiver of Rights of Recovery from the Licensor
The Licensee waives all rights to recover damages from the Licensor for any liability to the Licensee for all loss, damage or injury which may be suffered by the Licensee (including but not limited to damage attributable to a wrongful or negligent act or omission of the Licensor or damage to any of the Licensee's property or finances) arising from the use of the Data.
The Licensee indemnifies the Licensor against any loss, damage or legal liability in respect of:
(a) personal injury to, or death of, any person; or
(b) damage to property; or
(c) financial loss,
arising from the use of the Data to the extent that such damage or loss is attributable to a wrongful (including negligent) act or omission of the Licensee or the Licensee's employee, agent or sub-contractor.
This Licence will automatically terminate if the Licensee breaches this Agreement. The Licensor may also terminate this Agreement and the Licence, without cause, by giving the Licensee 7 days notice in writing. After the end of this Agreement, the Licensee must immediately cease using the Data and erase all copies under its control. Accrued rights or remedies of either party are not affected by the termination of this Agreement. The Licensor's liability to the Licensee for any "without cause" termination is limited to the repayment of the fee that has been paid by the Licensee to the Licensor for the use of the Data.The Licensor is not liable to make any other payments whatsoever including payments for any loss or damage.
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement will not be construed or deemed to be a wavier of that party's rights under this Agreement.
15. Applicable Law
This Agreement is governed by the law of the State of Tasmania, Australia and the parties submit to the jurisdiction of courts of Tasmania.
16.1 Subject to any other provision of this Agreement expressing a contrary intention, if GST is imposed on a supply made under it, then the party paying for the supply must pay the amount of the GST to the party making the supply, at the same time as, and in addition to, the amount payable for the supply.
16.2 A party making a taxable supply under this Agreement must give the recipient a tax invoice for the taxable supply when that supply is made.
16.3 In this clause "GST" refers to goods and services tax under A New Tax System (Goods and Services) Act 1999 ("GST Act") and the terms used have the meanings as defined in the GST Act.
In these Licence Conditions unless the contrary intention appears:
"Agreement" means this Agreement constituted by the Licensee's acceptance of these Licence Conditions, these Licence Conditions;
"Approved Purpose" means the use of the Image for the purpose approved of by the Licensor and recorded by the Licensee on this Website, prior to downloading the Image, as the purpose for which the Image will be used;
"Business" means a trade, profession or commercial enterprise carried on by an individual, company or other body;
"Data" means an electronic visual image (or in the case of Footage, electronic visual images) posted on this Website which:
(a) has been made available to the Licensee to access and download using the procedures specified on this Website; and
(b) has been accessed by the Licensee;
"Footage" means film footage posted on this Website;
"Image" means the visual image, or images obtained from the Data;
"Intellectual Property" means all copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and know-how and all other intellectual property rights resulting from intellectual activity;
"Licence" means the licence specified in clause 3 of this Agreement;
"Licensee" means You, or the organisation (if any) on whose behalf You are taking the Licence;
"Licensor"will include employees authorised sub-contractors and agents of the Licensor;
"Moral Rights" means the moral rights granted to creators under the Copyright Act 1968 (Cth).
"You"or "Your" refers to the natural person who accesses the Data using the procedures specified on this Website.
ABN # 58 800 480 938
Postal address: GPO Box 399 Hobart, Tasmania 7001 Australia
Street address: Level 2, 22 Elizabeth Street Hobart, Tasmania 7000
Telephone 03 6165 5334 Int'l +61 3 6165 5334