This is a legal agreement between you ("you") and Tourism New South Wales, a corporation established under the Tourism New South Wales Act 1984, of 55 Harrington Street, Sydney 2000 in the State of New South Wales (“Tourism NSW”) You should read this Agreement in its entirety before you download any image appearing on this website ("Image"). If you agree to be bound by the terms and conditions of this Agreement, click on the "I agree" button on the website. If you do not agree, click on the "remove" button on this website to decline this Agreement.
Tourism New South Wales warrants that it has the permission of the copyright owners of the Image to enter into this agreement with you.
If you enter into this Agreement to use an Image 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 may continue to operate under this Agreement.
You warrant that you are authorised to enter into this Agreement to use any Image pursuant to this Agreement. You hereby indemnify Tourism New South Wales for any loss, claim, damage or action arising as a result of any lack of authority to enter into this Agreement to use any Image pursuant to this Agreement. You hereby indemnify Tourism New South Wales 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.
Grant of licence
1. Tourism New South Wales 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 Image you have selected on the terms and conditions of this Agreement.
Scope of licence
2. The Image may be used only for the purpose described in your application and authorisation notification or as otherwise notified to Tourism New South Wales.
Limitation of licence
3. Defamatory, libelous, scandalous, misleading, pornographic or otherwise unlawful use of the Image is prohibited.
4. The use of any logo or trademark appearing in the Image 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).
5. You shall not copy (electronically or otherwise) the Image except for the purpose described in your application and authorisation notification.
6. You shall not alter, modify or adapt an Image without the prior consent of Tourism New South Wales.
7. You shall not disclose the Image to any third party without the prior consent of Tourism New South Wales and you shall take all reasonable efforts to prevent the disclosure of the Image to an unauthorised third party and/or the use of the Image by an unauthorised third party.
8. The rights and permissions granted to you under this Agreement are personal. Except as specifically provided in this Agreement, the Image 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.
9. The Image must not be downloaded to create, establish or form any part of an online interactive stock photo library.
Fees - Tourism New South Wales does NOT currently charge any fees for images downloaded from this site.
10. Tourism New South Wales grants to you a licence to use the Image subject to the terms and conditions of this Agreement in consideration of the fee payable in respect of the Image. The fee payable in respect of each Image is as set out on this site. At present no fees apply.
11. All fees and prices are subject to change at the sole discretion of Tourism New South Wales. Fees, if charged, are to recover administrative costs and are not in consideration of royalties. At present no fees apply.
12. Fees owing to Tourism New South Wales for the purchase of a licence to use an Image will be deducted from your nominated bank account in accordance with the credit card details provided by you to Tourism New South Wales upon accessing this site. At present no fees apply.
13. Payment of any fee or price owing to Tourism New South Wales for the purchase of a licence to use an Image entitles you to use the Image, subject to the terms and conditions of this Agreement. At present no fees apply.
14. Agreement to purchase a licence to use the Image shall be deemed to be concluded at the time at which you download the Image from this site. At present no fees apply.
Warranties & indemnity
15. To the fullest extent permitted by law, Tourism New South Wales 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 Image 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.
16. To the extent permitted by law, Tourism New South Wales 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.
17. You warrant that you will not access, view, download or attempt to download an Image, 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 Image.
18. You hereby agree to indemnify Tourism New South Wales against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by Tourism New South Wales as a result of:
- you or your Principal's or any authorised person's use of an Image, data file, or other material contained on this site;
- you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or
- any other matter arising out of this Agreement.
19. Use of the Image 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.
20. You warrant that you will not breach any of the author's moral rights in relation to the Image as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Image or otherwise.
Moral rights - Acknowledgements & Credits
21. It is acknowledged that the photographer of the Image may have certain moral rights in the Image in certain jurisdictions.
22. A credit line in the following form must appear adjacent to the Image in respect of each use of the Image:
"Photo: [INSERT NAME OF PHOTOGRAPHER]. Courtesy Tourism New South Wales"
The credit "Tourism New South Wales" is not to be abbreviated to "Tourism NSW" or "TNSW" in any instance.
Jurisdiction
23. 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
24. All rights to the Image are owned by Tourism New South Wales and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.
25. Tourism New South Wales and the Image's creator retain all rights not expressly granted by this Agreement.
Termination
26. The licence contained in this Agreement will terminate automatically without notice from Tourism New South Wales if you, or your Principal if you are licensing on behalf of another person, fail to comply with any provision of this Agreement.
27. Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately:
- stop using the Image, and
- delete the Image and all copies of it from all magnetic media and destroy all other copies or, upon the request of Tourism New South Wales, return all such copies to Tourism New South Wales.
28. Tourism New South Wales reserves the right to discontinue the use of any Image for any reason and to elect to replace the Image with an alternate Image.
29. Upon notice from Tourism New South Wales of any discontinuance of a licence for a particular Image, the licence to use the discontinued Image contained in this Agreement will terminate and you, and/or your Principal agree not to use the Image in the future in any manner or form whatsoever.