Content usage terms and conditions
Terms of Use:
This is a legal agreement between you (“you”) and Business Event Tasmania (“Asset Licensee”). You should read this Agreement in its entirety before you download any digital asset (“Asset”).
If you’ve read and agree to the terms and conditions, click the “I agree” button. If you don’t agree, you will not be able to download the Assets.
The Asset Licensee warrants that it has the permission of the copyright owners of the Asset to enter into this agreement with you.
If you enter into this Agreement or if you download an Asset in accordance with the terms of this Agreement on behalf of another person (“Principal”), the license granted and restrictions and limitations set out below apply to your Principal as well as to you as a representative of your Principal. Should you cease to be authorised to act on behalf of your Principal, your Principal may continue to operate under this Agreement.
You warrant that you are authorised to enter into this Agreement and to purchase a license to use any Asset pursuant to this Agreement. If you do not have the appropriate authority to enter this agreement, you hereby indemnify the Asset Licensee for any loss, claim, damage or action arising as a result of any lack of authority to enter into this Agreement or to purchase a license to use any Asset pursuant to this Agreement. You hereby indemnify the asset owner for any loss, claim, damage or action arising as a result of any breach of this Agreement committed by your Principal.
In this Agreement, “you” refers to and includes you, your Principal and any third party as the context permits.
| 1 | Grant of licence |
| The Asset/s Licensee grants you, and your Principal (if you are licensing on behalf of another person), a non-transferable and non-exclusive license to use the Asset/s you have selected on the terms and conditions of this Agreement. | |
| 2 | Scope of licence |
| 2.1 | The Asset/s may be used only for the purpose described in your submission and authorisation notification or as otherwise notified to the Asset/s Licensee. |
| If the purpose described in your submission is no longer relevant or not consistent with the permitted uses the Asset Licensee has provided, your licence may be revoked. | |
| 2.2 | The Asset/s Licensee may enforce a maximum number of Asset/s to be licensed to you. |
| 3 | Limitation of licence |
| 3.1 | Defamatory, libelous, scandalous, misleading, pornographic or otherwise unlawful use of the Asset/s is prohibited. |
| 3.2 | This licence does not grant any rights to use any logos or trademarks. |
| 3.3 | You will not copy (electronically or otherwise) the Asset/s except for the purpose described in your application and authorisation notification. |
| 3.4 | You will not alter, modify or adapt an Asset/s without the prior consent of the Asset/s Licensee. |
| 3.5 | You will not disclose the Asset/s to any third party without the prior consent of the Asset/s Licensee and you will take all reasonable efforts to prevent the disclosure of the Asset/s to an unauthorised third party and/or the use of the Asset/s by an unauthorised third party. |
| 3.6 | The rights and permissions granted to you under this Agreement are personal. Except as specifically provided in this Agreement, the Asset/s may not be assigned, transferred, sublicensed or re-sold or otherwise made available for use or distribution separately or detached from a product or web page. |
| 3.7 | One copy of the Asset/s may be made for backup purposes only, but may be used only if the original Asset/s becomes defective, destroyed or otherwise irretrievably lost. The Asset/s must not be downloaded to create, establish or form any part of an online interactive stock photo library, nor may it be used in relation to any business similar to or in competition with that operated by the Asset/s Licensee at this site. |
| 4 | Fees |
| 4.1 | The Asset/s Licensee grants to you a licence to use the Asset/s subject to the terms and conditions of this Agreement in consideration of the fee payable in respect of the Asset/s. Any fee payable in respect of each Asset/s will be advised prior to permissions to use the Asset/ss. |
| 4.2 | All fees and prices are subject to change at the sole discretion of the Asset/s Licensee |
| 5 | Warranties and indemnity |
| 5.1 | The Asset/s Licensee warrants the digital copy of the Asset/s in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Asset/s. To the fullest extent permitted by law, the Asset/s Licensee makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranty as to the minimum or maximum amount of time during which this site will be accessible to you, and/or any warranty as to whether or not you will be able to instantaneously download any Asset/s from this site at all times. |
| 5.2 | To the extent permitted by law, the Asset/s Licensee will not be liable to you, your Principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement or otherwise. |
| 5.3 | You warrant that you will not access, view, download or attempt to download an Asset/s, datafile, or other material from this site which is in any way prohibited by or which breaches the laws of the jurisdiction in which you are currently situated and/or permanently reside and/or conduct business and/or intend to use the Asset/s. |
| 5.4 | You will indemnify the Asset/s Licensee against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by the Asset/s Licensee as a result of: |
| 5.4.1 | you or your Principal’s or any authorised person’s use of an Asset/s, data file, or other material contained on this site; |
| 5.4.2 | you or your Principal’s or any authorised person’s failure to fulfil any obligations imposed on you by this Agreement; or |
| 5.4.3
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any other matter arising out of this Agreement. |
| 5.5 | You will indemnify the Asset/s Licensee from and against any claim, action, damage, loss, liability, cost, charge, expense (including any reasonable legal fees) arising out of any third-party claims that the Assets infringe any intellectual property rights. |
| 5.6 | Use of the Asset/s must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights. |
| 5.7 | You warrant that you will not breach any of the author’s moral rights in relation to the Asset/s as set out in this Agreement. Whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset/s or otherwise. |
| 6 | Moral rights |
| It is acknowledged that the photographer of the Asset/s may have certain moral rights in the Asset/s in certain jurisdictions. In recognition of this, a credit line must appear adjacent to the Asset/s in respect of each use of the Asset/s. | |
| 7 | Privacy |
| You may be required to provide personal information to download the Asset/s. Where this occurs, you will be bound by the Asset Licensee’s privacy policy. Please refer to our privacy policy | |
| 8 | Jurisdiction |
| This Agreement is governed by the laws of the State of Tasmania in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of Tasmania. | |
| 9 | General |
| 9.1 | All rights to the Asset/s are owned by the Asset/s Licensee and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws. |
| 9.2 | The Asset/s licensee and the Asset/s’s creator retain all rights not expressly granted by this Agreement. |
| 10 | Termination |
| 10.1 | The licence contained in this Agreement will terminate automatically without notice from the Asset/s Licensee if you, or your Principal are licensing on behalf of another person, fail to comply with any provision of this Agreement. |
| 10.2 | Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately: |
| 10.2.1 | stop using the Asset/s, and |
| 10.2.2 | delete the Asset/s and all copies of it from all magnetic media and destroy all other copies or, upon the request of the Asset/s Licensee, return all such copies to the Asset/s Licensee. |
| 10.3 | The Asset/s Licensee reserves the right to discontinue the use of any Asset/s for any reason and to elect to replace the Asset/s with an alternate Asset/s. Upon notice from the Asset/s Licensee of any discontinuance of a licence for a particular Asset/s, the licence to use the discontinued Asset/s contained in this Agreement will terminate and you, and/or your Principal agree not to use the Asset/s in the future in any manner or form whatsoever. |
| 11 | Contact Details |
| If you have any questions or concerns regarding this policy, or you wish to contact us by email, phone or postal mail, our contact information is as follows: | |
| Business Events Tasmania* | |
| GPO Box 237 | |
| Hobart TAS 7001 | |
| AUSTRALIA | |
| T: +61 3 6231 1366 | |
| ABN: 33 009 589 584 | |
| *Business Events Tasmania is a business name of the Tasmanian Convention Bureau. |