Destination NSW Content Library Terms and Conditions
This is a legal agreement between you ("you") and Destination NSW, a NSW Government Agency constituted by Destination NSW Act 2011 of Level 2, 88 Cumberland Street, The Rocks, NSW, 2000. You should read and enter into this Agreement in its entirety before you download any content, including video, copy, photographs, documents or footage appearing on this website ("Content").
By clicking on the "I agree" check box, you agree to be bound by the terms and conditions of this Agreement. If you do not agree you cannot proceed with using this platform.
The Destination NSW Content Library is available to tourism industry stakeholders, media and government. Unless otherwise agreed with Destination NSW in writing, the Content is not available for personal use, commercial use and non-Visitor Economy (tourism and major events) stakeholders.
The Destination NSW Content Library may be available to Visitor Economy stakeholders and government upon a written request for the promotion of NSW.
Accredited media are able to access via the Destination NSW Content Library and Media Centre for the promotion of NSW.
Destination NSW warrants that it is the copyright owner or it has the permission of the copyright owners of the Content to enter into this agreement with you.
If you enter into this Agreement to use Content in accordance with the terms of this Agreement on behalf of another person ("Principal"), the licence 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 must continue to abide to the terms and conditions under this Agreement if your Principal continues to use the Content.
You warrant that you are authorised to enter into this Agreement to use any Content pursuant to this Agreement.
In this Agreement, "you" refers to and includes you, your Principal and any third party as the context permits.
Grant of licence
1. Destination NSW grants to you, and your Principal (if you are licensing on behalf of another person), a non-transferable and non-exclusive licence to use the Content you have selected on the terms and conditions of this Agreement.
Should the licence be renewed or updated, or if the terms and conditions of this Agreement are updated or amended, you will be required to enter into a new licence and/or accept the revised terms and conditions via writing including via email.
Scope of licence
2. The Content may be used only for the purpose described in your application and authorisation notification or as otherwise notified to Destination NSW.
3. The Content may only be used for the positive promotion of New South Wales.
Limitation of licence
4. Content must be reordered once they have been used for a period up to a maximum of one (1) year. All Content should not be stored on any personal or business device and should be deleted immediately after use.
5. Defamatory, libelous, scandalous, misleading, pornographic or otherwise unlawful use of the Content is prohibited.
6. The use of any logo or trademark appearing in the Content must be used in a manner permitted by the logo or trademark owner. This licence does not grant any rights to use any logos or trademarks and therefore you must seek the written approval of the logo or trademark owner.
7. You shall not copy (electronically or otherwise) the Content except for the purpose described in your application and authorisation notification.
8. You shall not alter, edit, modify or adapt the Content without the prior written consent of Destination NSW. Copy and compile videos may be edited without the prior written consent of Destination NSW. Highlight and social media videos are packaged ready for use - music soundtracks must not be edited.
9. You shall not disclose the Content to any third party without the prior written consent of Destination NSW and you shall take all reasonable efforts to prevent the disclosure of the Content to an unauthorised third party and/or the use of the Content by an unauthorised third party.
10. The rights and permissions granted to you under this Agreement are personal. Except as specifically provided in this Agreement or as otherwise agreed in writing by Destination NSW with you, the Content may not be assigned, transferred, sold, sublicensed or re-sold or otherwise made available for use or distribution separately or detached from a product or web page.
11. The Content must not be downloaded to create, establish or form any part of an online interactive stock photo library.
12. The Content cannot be used for any aboriginal activities (such as but including Acknowledgment of Country) and other cultural purposes.
13. Content featuring products, experiences or events can only be used for promotional use and cannot be used generically.
14. Facebook, Linked In, Twitter, Weibo, Instagram, WeChat, YouTube and TikTok and conferencing platforms are the only permitted third-party social media platforms the Content can be uploaded to.
15. Destination NSW grants to you a licence to use the Content subject to the terms and conditions of this Agreement in consideration of the fee payable in respect of the Content. At present no fees apply.
16. All fees and prices are subject to change at the sole discretion of Destination NSW. Fees, if charged, are to recover administrative costs and are not in consideration of royalties. At present no fees apply. For avoidance of doubt, any fees prescribed will be in $AUD.
17. Fees owing to Destination NSW for the purchase of a licence to use Content will be deducted from your nominated bank account in accordance with the credit card details provided by you to Destination NSW upon accessing this site. At present no fees apply.
18. Payment of any fee or price owing to Destination NSW for the purchase of a licence to use Content entitles you to use the Content, subject to the terms and conditions of this Agreement. At present no fees apply.
19. Agreement to purchase a licence to use the Content shall be deemed to be concluded at the time at which you download the Content from this site. At present no fees apply.
Warranties & indemnity
20. To the fullest extent permitted by law, Destination NSW makes no 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 shall be accessible to you, and/or any warranty as to whether or not you shall be able to instantaneously download any Content from this site at all times. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction.
21. To the extent permitted by law, Destination NSW shall 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.
22. You warrant that you will not access, view, download or attempt to download 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 Content.
23. You hereby agree to indemnify Destination NSW against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by Destination NSW as a result of:
a. you or your Principal's or any authorised person's use of Content;
b. you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or
c. any other matter arising out of this Agreement.
24. Use of the Content 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.
Moral rights - Acknowledgements & Credits
25. It is acknowledged that the photographer of the Content may have certain moral rights (including the right to be credited) in the Content in certain jurisdictions.
26. You warrant that you will not breach any of the author's moral rights in relation to the Content as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Content or otherwise.
27. You warrant that in relation to any Social Media use, a credit line as noted in the hashtags for Sydney - #feelnewsydney and #ilovesydney and for Regional NSW - #feelnsw and #newsouthwales must appear adjacent to Content in respect of each use of the Content. The credit "Destination NSW” is not to be abbreviated to "DNSW" in any instance nor “Destination New South Wales” wording should be used.
Jurisdiction
28. This Agreement is governed by the laws of the State of New South Wales in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.
General
29. All rights to the Content are owned by Destination NSW and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.
30. Destination NSW and the Content’s creator(s) retain all rights not expressly granted by this Agreement.
Termination
31. The licence contained in this Agreement will terminate automatically without notice from Destination NSW if you, or your Principal if you are licensing on behalf of another person, fail to comply with any provision of this Agreement.
32. Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately:
a. stop using the Content; and
b. delete the Content and all copies of it from all magnetic media and destroy all other copies or, upon the request of Destination NSW, return all such copies to Destination NSW.
33. Destination NSW reserves the right to discontinue the use of any Content for any reason and/or elect to replace the Content with an alternate Content or modify the Content.
34. Upon notice from Destination NSW of any discontinuance of a licence for particular Content , the licence to use the discontinued Content contained in this Agreement will terminate and you, and/or your Principal agree not to use the Content in the future in any manner or form whatsoever. Notice will be provided by way of email (via the address which you have provided).
35. Clauses 4, 5, 8, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 continue to operate and survive the termination or expiry of this Agreement.
36. Indigenous Talent: Destination NSW Content may feature people of Australian Aboriginal or Torres Strait Islander descent (‘Indigenous Talent’). In the event of the Indigenous Talent’s death his, her or their family can contact Destination NSW’s Content Library to arrange removal of the Indigenous Talent’s image from Destination NSW’s Content Library. This means that Destination NSW may in its absolute discretion, and without notice, instruct the Client to permanently remove any Destination NSW Content featuring the Indigenous Talent from its material, regardless of whether the material is in electronic or hardcopy format. Please refer to https://www.australiacouncil.gov.au/programs-and-resources/Protocols-for-using-First-Nations-Cultural-and-Intellectual-Property-in-the-Arts/ for more information.
