Visual Libraries – Terms of Use

 

Sunshine Coast Destination Ltd ACN 144 749 717 (SCDL/VSC/we/us/our) trading as Visit Sunshine Coast (VSC), understands and appreciates that visitors to and users of this website (you/your) are concerned about their privacy and the confidentiality and security of any information that may be provided to us. We endeavour to protect user privacy in compliance with the Australian Privacy Principles (APP).

Terms of use

Please read these terms of use carefully. Visit Sunshine Coast Limited (“we”/“us”/“our”) makes a website available that is located at visitsunshinecoast.com and also certain content that is available on that website (“content” or “content”) and any subdomains used in connection with or related to the same (collectively, the “Visual Library”, “Visual Libraries” or “MediaValet”). These terms of use apply to all users of the visual libraries and/or the content, including users who download any content from the visual libraries and users who simply view content on or available through the visual libraries.

You must be at least eighteen (18) years old to use the visual libraries. By accessing, browsing and using the visual libraries, you indicate that you have read and accept these terms of use. If you do not accept these terms of use, then do not use the visual libraries or any of its content. The term “you” or “your” refers to the individual or legal entity, as applicable, using the visual libraries. If you do not agree to be bound by the terms of use, do not access or use the visual libraries or the content within the visual libraries.

If you are accepting these terms of use on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these terms of use on behalf such corporation or entity and to bind such corporation or entity to these terms of use.

Please note that these terms of use are subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the terms of use available on the visual libraries and via the MediaValet Collector. Please check the visual libraries regularly to view the then-current terms.

Grant of license (Supply of Assets from Visit Sunshine Coast Visual Library(ies)): We grant you a free, personal, limited, terminable, non-transferable, non-sublicensable and non-exclusive license use of content subject to the following conditions:

  1. Exploitation of content is limited to non-commercial use only, and for the specific purpose of promoting Visit Sunshine Coast as a travel destination;
  2. Content shall not in any way be used for the purpose of selling or reselling promotional items or for commercial gain;
  3. Content shall clearly include the appropriate moral rights attributions (e.g. name of the photographer, owner or author of the copyright in the licensed photograph) as supplied by via the visual library (“Visit Sunshine Coast” must be credited as the appropriate moral rights owner, unless specificied otherwise);
  4. By granting this licence, we do not in any way transfer or assign any intellectual property rights subsisting in any content that belongs to us or any third-party to you;
  5. You also acknowledge and agree that you are not authorised to use any content that contains intellectual property rights that belong to any third-party without the prior authorisation from that third-party; and
  6. You acknowledge and agree that we do not own the intellectual property rights subsisting to user generated content that you find on the visual libraries. The embed codes for the user generated content are provided by a social network, including facebook, instagram and twitter. It is a condition of use that you respect each social network’s terms and conditions applicable to any third-party content that contains their embed codes.
  7. Share, distribute or transfer your access/login details to any of these visual libraries with any other person or third party.

Any use of content for purposes that is not authorised by this license is strictly prohibited unless prior written authorisation is obtained from us for the proposed use.

Except for the rights expressly granted in these terms of use, we, our licensors, and our platform providers reserve all other rights including all intellectual property rights. You also acknowledge and agree that any content that contains intellectual property rights belong to our licensors and platform providers remains the exclusive property of us and our licensors and platform providers.

Grant of license (Supply of Assets to the Visit Sunshine Coast Visual Library): By uploading content that contains intellectual property rights belonging to you onto Visit Sunshine Coast’s Visual Library, you hereby grant Visit Sunshine Coast, and any employee, officer, agent, representative, contractor or subcontractor of Visit Sunshine Coast, a perpetual, royalty free, non-exclusive, transferrable licence (with the right to sublicence) to use and adapt that content for promotional, business and other commercial purposes, including:

  1. promoting Visit Sunshine Coast and the Sunshine Coast region as a travel destination;
  2. promoting businesses and other attractions that are within Visit Sunshine Coast’s scope of business;
  3. marketing campaigns and promotions, including digital or social media campaigns, out of home advertising (OOH), print advertising or television commercials (TVC);
  4. using the content uploaded by you on Visit Sunshine Coast owned and operated digital channels including the Visit Sunshine Coast website and all sub-pages, various social media accounts and the Visit Sunshine Coast visual libraries; and
  5. sharing your content with third parties for business purposes (as determined by Visit Sunshine Coast at its absolute discretion), including news and media outlets, bloggers, journalists, key opinion leaders (KOL’s), influencers, trade partners, media and advertising agencies.

You also warrant that by uploading your content onto Visit Sunshine Coast’s MediaValet Collector Database, you either own or are authorised to use the intellectual property rights subsisting in that content.

If you do not agree to these terms of use, please do not supply assets via the collector link/ upload portal and contact your Visit Sunshine Coast representative.

Restrictions on use of Visit Sunshine Coast Visual Libraries: In using the visual libraries, you must not:

  1. copy any content unless you are expressly permitted to do so under these terms of use;
  2. impersonate any person or entity or misrepresent your affiliation with a person or entity;
  3. forge headers or manipulate or adapt identifiers in order to disguise the origin of any material uploaded or downloaded on or from the visual libraries;
  4. impersonate another person or organisation;
  5. interfere with or disrupt the visual libraries or servers or networks connected to the visual libraries;
  6. disobey any requirements, procedures, policies or regulations of networks connected to the visual libraries;
  7. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  8. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  9. collect or store personal data about other users or viewers;
  10. licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the visual libraries; or
  11. modify, translate, make derivative works, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the visual libraries, except as authorised by these terms and conditions or as permitted by law.
  12. Share, distribute or transfer your access/login details to any of these visual libraries with any other person or third party.

You also agree not to access the visual libraries in a manner that utilizes the resources of the visual libraries more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by us or our platform providers) of other visual libraries users, we reserve the right to immediately disable your account . Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the visual libraries in accordance with out robots.txt file.

  1. Advertising: You acknowledge and agree that the visual libraries may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the visual libraries, you agree that such dealings are solely between you and such advertiser.  You also acknowledge and agree that we and our licensors and platform providers do not have any responsibility or liability for any losses or damage that you may incur in connection with any such dealings.
  2. Disclaimer of representations, warranties and conditions: The visual libraries and all content are provided on an “as is where is” basis.  We and our licensors and platform providers do not warrant that the visual libraries or content will meet your specific requirements, that the visual libraries will be uninterrupted, timely, secure or error-free, that any errors in the visual libraries or content will be corrected. In addition, we and our licensors and platform providers specifically disclaim all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties or conditions of merchantability, merchantable quality, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any content downloaded or otherwise obtained through the use of the visual libraries is at your own risk.  You will be solely responsible for any damage to your computer system(s), loss of data, or any other loss that results from downloading or using any such content. We and our licensors and platform providers do not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any content made available through the visual libraries or in respect to any website that can be reached from a link on the visual libraries or featured in any banner or other advertising on the visual libraries, and we and our licensors and platform providers shall not be a party to any transaction that you may enter into with any such third party.
  3. Limitation of liability: To the fullest extent permitted by law, under no circumstances shall we or our licensors or platform providers be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from:
  4. your use of or your inability to use the visual libraries or the content;
  5. the cost of procurement of substitute content or services;
  6. errors, mistakes, or inaccuracies in the content; or
  7. any errors or omissions in any content on the visual libraries or any other loss or damage of any kind arising from or relating to your use of the visual libraries.

These limitations shall apply even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in these terms of use, our and our licensors and platform providers cumulative liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the lesser of the following:

  1. the amounts you’ve paid us in the previous twelve months (if any); or
  2. five dollars ($5.00), whichever is less.

 Indemnification: You shall indemnify and hold us and our licensors and platform providers and the affiliates, officers, agents, and employees of each of the foregoing, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with:

  1. any content made available to you through the visual libraries;
  2. your use of the visual libraries; or
  3. any breach of these terms of use by you;
  4. the infringement of any third-party intellectual property rights by you in connection with your use; or
  5. the breach of any law by you in connection with your use.

 

  1. Termination: We may, under certain circumstances and without prior notice, immediately terminate your ability to access the visual libraries and/or content.
  2. Availability and updates: We and/or our licensors and platform providers may alter, suspend, or discontinue the availability of the visual libraries and/or the content at any time and for any reason or no reason, without notice, but will endeavour to provide notice of the same. The visual libraries and/or content may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the visual libraries without notice. You may need to update third-party software from time to time in order to use the visual libraries and/or content.
  3. Third-party beneficiaries: Our licensors and platform providers will have the right (and will be deemed to have accepted the right) to enforce these terms of use against you as a third-party beneficiary thereof. Every right, exemption from liability, release, indemnity, defence, immunity and/or waiver of whatsoever nature applicable to us under these terms of use shall also be available and shall extend to benefit and to protect the designated third-party beneficiaries of these terms of use and such party’s and the designated beneficiaries’ officers, directors, and employees and for such purposes we are or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such companies and persons to the extent such exemptions, releases, indemnities, defences, immunities and waivers apply to such companies and persons.
  4. Governing law:  This agreement is governed by and is to be construed in accordance with the laws applicable in Queensland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
  5. Enforcement of terms and conditions: If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure by us or our third-party beneficiaries to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us or our third-party beneficiaries must be in writing and shall only apply to the specific instance identified in such writing. No waiver by us or our third-party beneficiaries of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision.
  6. General: These terms of use constitute the entire agreement between the parties relating to the visual libraries and content and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by us. If any part of these terms of use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of us or our licensors or our platform providers to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these terms of use without restriction.
  7. Survival: Clauses 2, 3, 4, 5, 6, 7, 8 and 10 survive this Agreement.

 

 

Page last updated: 7 April, 2021
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