Media Library Usage – Terms and Conditions
Tourism Tropical North Queensland’s Media Library contains downloadable high resolution images.
The full terms and conditions of your license for the use of images from Tourism Tropical North Queensland’s Media Library are outlined below.
Agreement to these terms and conditions will result in the granting of a non-exclusive right to use the images for the permitted purpose.
This license will terminate immediately upon the expiry of the agreed term of use, or upon breach of the terms and conditions.
By downloading or otherwise making use of, any of the content from the Media Library you expressly agree to be bound by these terms and conditions.
You agree to indemnify Tourism Tropical North Queensland against all actions, suits, claims, demands and costs resulting from your use of the content.
Tourism Tropical North Queensland is the owner of all copyright and intellectual property rights in all content contained in the Media Library unless otherwise noted in the description of the material.
You agree to pay any fees associated with use of content from the Media Library. All invoices must be paid in Australian dollars.
It is your responsibility to provide Tourism Tropical North Queensland with details of how the material will be used.
Please be aware of, and observe the following Criteria for Media Usage:
- These images are to be used for the positive promotion of Tropical North Queensland and Tropical North Queensland tourism businesses.
- Each image is to be acknowledged – “courtesy of Tourism Tropical North Queensland”.
- Image must be captioned with the correct location (click image to view information on Location) and “Tropical North Queensland” for domestic use or “ Cairns and Great Barrier Reef Region for international use.
- The image may only be used to promote the region/destination as per the location identified. Location images do not include close ups of food/talent/animals/objects.
- Images containing talent (people) may not be used for non-tourism commercial use – due to talent agreements.
- Images are not to be used for retail products without prior permission. No postcards. No billboards. No calendars.
Terms and Conditions
- In these terms and conditions, “we” or “us” means Tourism Tropical North Queensland.
- Please read these terms and conditions carefully as they apply to your use of the Media Library as accessed through this site (Site). By using this Site you agree to be bound by these terms and conditions.
- By accessing the Media Library through this Site we agree to grant you a non-exclusive license to use specific material in accordance with these terms and conditions. We may terminate your license at any time with immediate effect if you fail to comply with these terms and conditions.
- We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
- Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions:
- Will apply to your use of such parts of the Site or features in addition to these terms and conditions; and
- Will prevail over these terms and conditions to the extent of any inconsistency.
Tourism Tropical North Queensland shall use its best endeavours to supply to you such materials as you may require to exercise the rights granted. You must warrant that these materials shall be used only within the specified production, and the use in any other context without the permission of Tourism Tropical North Queensland is excluded. Upon completion of the production you shall destroy or return to Tourism Tropical North Queensland all copies of any footage. You shall be responsible for all laboratory, carriage and customs in respect of the manufactured copies of any footage. Material is supplied on a strictly non exclusive basis for use in the one specified production only.
Intellectual Property Rights
- You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights.
- Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person,to:
- Sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the content in any way for any public or commercial purpose, other than that provided for by license, without our prior written consent; or
- Otherwise infringe the intellectual property rights of any person in using the Site or any content.
- Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.
- You agree that our marketing and corporate logos are our trademarks. All rights in these trademarks are reserved by us. All other trademarks appearing on our Site are the property of their respective owners.
- Tourism Tropical North Queensland reserves all rights in the content of the Site and the appropriate copyright holder is to be credited at all times.
Content of site
- We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
- You acknowledge that the Content on the Site is liable to change at any time.
- All prices quoted on the Site are in Australian dollars, unless otherwise indicated.
- Prices quoted on the Site should be used as a guide only as they may change from time to time.
Your use of the site
- You must not:
- Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
- Reproduce any content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
- Violate any Applicable Law relating to your use of the Site; or
- Collect or store personal data about other users of the Site.
- In these terms and conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
- Any law, rule or regulation of any country (or political sub-division of a country);
- Any obligation under any licence in any country (or political sub-division of a country); and
- Any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
Links and Advertisements
- We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of the descriptions or information supplied to us.
- Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
Use of the Site is at Your Risk
- You use the Site at your risk and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
- If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (1.) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
Limitation of Liabilities
- To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the Content is limited to the following, the choice of which is at our sole discretion:
- In the case of goods any one or more of the following:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods; or
- The payment of the cost of having the goods repaired; or
- In the case of services:
- The supply of the services again; or
- The payment of the cost of having the services supplied again.
- In the case of goods any one or more of the following:
- To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
- If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (1.) or (2.) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
- If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- This agreement is governed by the laws of Queensland, Australia . You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia .