Terms and conditions

These Terms and Conditions including our Privacy Policy operate as a legal agreement between you ("you") and Department of Creative Industries, Tourism, Hospitality and Sport ("DCITHS"). You must read this Agreement in its entirety before you download any digital asset appearing on this site ("Content"). 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, you will not be able to access the site or any Content.

DCITHS warrants that it is the copyright owner or has the permission of the copyright owners of the Content to enter into this agreement with you.

Grant of licence

  1. DCITHS grants to you a non-transferable and non-exclusive licence to use the Content you have selected on the terms and conditions of this Agreement.
  2. 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

  1. The Content may be used only for the purpose described in your application and authorisation notification or as otherwise approved by DCITHS.
  2. The Content may only be used for the positive promotion of New South Wales’ creative industries.

Limitation of licence

  1. The Content may only be used for a maximum licence period of twelve calendar months (or one (1) calendar year) from the date the licence is granted. The Content may be re-licenced after this period. The Content must not be permanently stored on any personal or business device and all copies must be deleted immediately at the end of the licence period.
  2. You must not exploit or distribute the Content for commercial benefit.
  3. Defamatory, libelous, scandalous, misleading, discriminatory, offensive, abusive, pornographic or otherwise unlawful use of the Content is prohibited.
  4. 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 you must seek separate written approval for such use form the logo or trademark owner.
  5. You shall not copy (electronically or otherwise) the Content except for the purpose described in your application and authorisation notification.
  6. You shall not alter, modify or adapt an Content without the prior consent of the DCITHS. Copy and compile videos may be edited without the prior written consent of DCITHS. Highlight and social media videos are packaged ready for use - music soundtracks must not be edited.
  7. You shall not disclose the Content to any third party without the prior consent of the DCITHS 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. Any such unauthorised disclosure or use must be immediately notified to DCITHS in writing and you must take all reasonable action to prevent the continued use and/or disclosure of such Content by any unauthorised third party, including by taking any steps required by DCITHS as notified to you.
  8. The rights and permissions granted to you under this Agreement are personal. Except as specifically provided in this Agreement, the Content 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 Content must not be downloaded to create, establish or form any part of an online interactive stock photo library.

Fees

  1. DCITHS 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 fee apply.
  2. All fees and prices are subject to change at the sole discretion of DCITHS. 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.
  3. Fees owing to the DCITHS for the purchase of a licence to use an Content will be deducted from your nominated bank account in accordance with the credit card details provided by you to DCITHS upon accessing this site. At present, no fees apply.
  4. Payment of any fee or price owing to DCITHS for the purchase of a licence to use an Content entitles you to use the Content, subject to the terms and conditions of this Agreement. At present, no fees apply.
  5. 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.

Registration and Accounts

  1. You must register an account to view and access the Content.
  2. When you register and activate your user account (Account), you will provide DCITHS with personal information such as your name and email address and other personal details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
  3. You will create a username (being your chosen email address) and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You must not share your Account credentials with any third party. DCITHS does not authorise anyone to use the Content on your behalf, and DCITHS will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your Account.
  4. You must not impersonate some other individual, business or company. If you try to present yourself as another individual or company, your Account may be suspended and/or terminated.
  5. You acknowledge that there may be different types or classes of registration, which may provide different privileges or features which may not be available to others.
  6. You acknowledge and agree to DCITHS’ Privacy Policy (available at: https://www.nsw.gov.au/departments-and-agencies/dciths/policies-plans-and-procedures-of-creative-industries-tourism-hospitality-and-sport/privacy) and you agree to comply with such policy to the extent it relates to you and/or to your Account, and/or your use of the Content Library.
  7. You agree to receive email communications from DCITHS or from third party Content Library platform managers directly. The purpose of such communication may be, but is not limited to, service updates, marketing communications and other notifications relating to the platform or your Account

Warranties and indemnity

  1. To the fullest extent permitted by law, the DCITHS makes no warranty, express or implied, including, without limitation, any 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.
  2. Without limiting the foregoing, to the fullest extent permitted by law, DCITHS excludes any liability arising in connection with you losing access to your Account or any unauthorised access to your Account. You are solely responsible for maintaining the security of your Account. Likewise, you are solely responsible and liable for any activity on your registered Account, and the security of your registered Account.
  3. DCITHS expressly disclaims any representation or warranty that the Content or goods and services offered by DCITHS complies with all applicable laws and regulations outside of Australia. If you use the Content outside of Australia, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Content.
  4. DCITHS’ liability arising in connection with these Terms and Conditions or the Content or Platform is limited as follows: (i) DCITHS excludes all liability for consequential, special, indirect or remote loss, including loss of opportunity or business; (ii) DCITHS’ total maximum total liability arising in connection with the Terms and Conditions or use of the Content is capped to the total amount of AU$1,000; (iii) DCITHS’ liability is excluded to the extent that you contributed to the liability; (iv) DCITHS’ liability is subject to your duty to mitigate your loss. 29. In the event that we terminate your licence to use the Content pursuant to these Terms and Conditions, you release DCITHS from all liability, loss or claims suffered by you as result of or arising out of such termination.
  5. You warrant that you will not access, view, download or attempt to download an Content, 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 Content.
  6. You hereby agree to indemnify the DCITHS against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by the DCITHS as a result of: (a) your use of an Content, data file, or other material contained on this site; (b) your failure to fulfil any obligations imposed on you by this Agreement; or (c) any other matter arising out of this Agreement.
  7. 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

  1. It is acknowledged that the photographer of the Content may have certain moral rights in the Content in certain jurisdictions. In recognition of this, a credit line in the form stated below (see Credit and Copyright Notice) must appear adjacent to the Content in respect of each use of the Content.
  2. 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.

Each use of the Content must display the mandatory credit and copyright notice shown beside the Content in the Content Library and/or as set out in the application and authorisation notification.

Privacy

  1. Please refer to our Privacy Policy. By accepting these Terms and Conditions, you agree to the terms of our Privacy Policy.

Termination

  1. The licence contained in this Agreement will terminate automatically without notice from DCITHS if you fail to comply with any provision of this Agreement. Without limiting the foregoing, DCITHS may terminate your licence to use the Content immediately by notice to you in writing if you are deemed to breach the Terms and Conditions or associated policies in any way, in its sole discretion.
  2. Upon termination you must immediately: (i) stop using the Content, and (ii) delete the Content and all copies of it from all magnetic media and destroy all other copies or, upon the request of DCITHS, return all such copies to DCITHS.
  3. DCITHS reserves the right to discontinue the use of any Content for any reason and to elect to replace the Content with an alternate Content. Upon notice from DCITHS of any discontinuance of a licence for a particular Content, the licence to use the discontinued Content contained in this Agreement will terminate and you agree not to use the Content in the future in any manner or form whatsoever.
  4. Termination in accordance with this clause does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

Jurisdiction

  1. This Agreement is governed by the laws of the State of New South Wals in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales

General

  1. All rights to the Content are owned by the DCITHS and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.

  2. DCITHS and the Content's creator retain all rights not expressly granted by this Agreement.

  3. You must not do anything which breaches or otherwise interferes with DCITHS’ intellectual property rights, the intellectual property rights of any of our third-party licensors, or the intellectual property rights of any other person. You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause and that equitable or injunctive relief may be necessary.

  4. If a provision of the Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

  5. These Terms and Conditions are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.

  6. Any failure on our part to enforce a term set out in these Terms and Conditions does not constitute a waiver and DCITHS reserves the right in relation to all breaches unless expressly stated otherwise.

  7. The contents of these Terms and Conditions constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of these Terms and Conditions, whether orally or in writing.

  8. A provision of these Terms and Conditions which can and is intended to operate after its conclusion will remain in full force and effect including without limitation all indemnities, disclaimers and releases.

  9. Indigenous Talent: DCITHS 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 DCITSH to arrange removal of the Indigenous Talent’s image from DCITHS’s Content Library. This means that DCITSH may in its absolute discretion, terminate your licence and instruct you to permanently remove any Content featuring the Indigenous Talent from your 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

Site Logo