Destination NSW Media Centre 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.
This platform is available to media only and cannot be sub licenced or owned by the user.
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 six (6) months. 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. Facebook, Linked In, Twitter, Weibo, Instagram, WeChat and conferencing platforms are the only permitted third-party social media platforms the Content can be uploaded to.
13. 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.
Warranties & indemnity
18. 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.
19. 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.
20. 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.
21. 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.
22. 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
23. 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.
24. 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.
25. You warrant that in relation to any Social Media use, a credit line as noted in the hashtags #ilovesydney 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.
26. 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.
27. 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.
28. Destination NSW and the Content’s creator(s) retain all rights not expressly granted by this Agreement.
29. 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.
30. 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.
31. 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.
32. 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).
33. 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.
The functionality on this website, platform, mobile website and application (Website) is provided by Destination NSW (ABN 52 890 768 976) of Level 2, 88 Cumberland Street, Sydney, NSW, 2000 (Destination NSW).
Where references in these Terms and Conditions is made to “we”, “us”, “our” or "Vivid Sydney", then that is a reference to Destination NSW.
1. Permitted Use
You agree to use the Website solely for your own personal, non-commercial use and agree: (a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us; (b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist); (c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party; (d) not to upload or post to the Website any audio, video, images, information, material or other content (Content) of any kind other than of a personal nature, provided that you agree not to upload or post any Content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter; (e) not to upload or post to the Website any Content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity; (f) not to upload or post to the Website any Content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law; (g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; (h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and (i) not to impersonate any person or entity or falsely misrepresent yourself.
2. Minimum Age
You warrant that you are over the age of 13.
3. Use of Content
With respect to the Website, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the site that is not your User Content. You agree that where required by law, we shall be entitled to deliver or provide access to any content, information or other materials uploaded or posted by you (User Content) and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.
4. Intellectual Property
The Intellectual Property may only be used or reproduced by you for non-commercial personal use. No part of this website or Intellectual Property may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent.
All User Content uploaded, posted or submitted to the Website by you as User Content will as between you and us, be your property, and you hereby grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason). You must not upload, post or submit to the Website any content that would infringe the intellectual property rights of any other person. By uploading, posting or submitting any User Content to this Website, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to us under these Terms and Conditions.
5. Confidential Information
6. Third Party Material
This Website may contain links to content or websites operated by third parties (Third Party Links). Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by, sponsored or approved by us. Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.
Cookies are blocks of data that we may issue to or request from your device during your use of this Website.
You may delete and block all cookies used by this Website, however if you do so, parts of this Website may not work as designed.
The listed websites may utilise cookies to enhance the user's experience of the site. A cookie is a small text file that is sent back to your computer's hard drive from a host website. Cookies record your preferences in relation to your use of a site and provide other information that allows us to recognise you in the future. The cookies on the listed websites do not read the information on your hard drive nor do they make your computer perform any unauthorised actions or make your computer send information to any other computer via the Internet.
You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to allow it. However, if you decide to not accept cookies, some of Destination NSW’s web pages may not display properly or you may not be permitted to access certain information. When you access any of the pages on the website, we automatically record information that identifies, for each page accessed:
a) the IP (Internet Protocol) address of the machine which has accessed it
b) your top-level domain name (for example .com, .gov, .au, .uk etc.)
c) the address of your server
d) the date and time of your visit to the site
e) the pages accessed and documents downloaded
f) the previous site visited
g) the type of browser and operating system you have used.
The information collected during each visit to our website is aggregated with similar logged information and published in reports in order for Destination NSW to manage its website services and identify patterns of usage of the sites. This will assist us in improving Destination NSW’s sites and the services offered on them.
If you would like to find out more information about cookies, including how to manage them, visit www.allaboutcookies.org.
8. Data Matching
“Data matching” means the bringing together of at least two data sets that contain personal information, and that come from different sources, and the comparison of those data sets with the intention of producing a match. DNSW may from time to time utilise Google’s Customer Match technology (a data matching tool) to provide a service to you whereby offers are geared to your personal preferences. Accordingly, DNSW may share your personal information with Google’s Customer Match platform in order to undertake data matching. In the course of data matching, your personal information remains protected through the use of a one-way hashing mechanism that cannot be encrypted. Personal information that DNSW shares with Google, including email addresses, will be hashed against Google’s database of hashed users, without Google ever seeing the unhashed data. By continuing to use this site, you consent to DNSW sharing your personal information with Google for data matching purposes. If you would not like DNSW to use your personal information for data matching, you can request such by contacting DNSW on +61 02 9931 1111. For more information on Google’s Customer Match platform visit: https://support.google.com/adwords/answer/6334160
“Pixels” means the use of use of pixels (1 x 1 pixel images that allow services to tell companies how many people have visited their site). When you take a certain action on our website, a request is sent to the server to download the tracking pixel attached to the content you’re interacting with. It’s an invisible process to you but the data collected will help us and our Sponsors build better digital ad and content experiences for you. All information collected is de-identified and we will never collect or disclose any personal information.
With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms and Conditions.
With respect to the Website, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these Terms and Conditions; or (c) to the extent permitted by law, your use of the Website.
We can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.
15. Holiday Planner
An initiative of Destination NSW on behalf of the NSW Government.
While Destination NSW makes every effort to ensure the information contained in this publication is true and correct at the time of publication, some information may be incorrect or may have changed since publication. All information contained in this publication is subject to change or update without notice. Before relying on any information contained in this publication you are therefore advised to personally confirm all information prior to making any travel, holiday or other arrangements. Destination NSW cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency or completeness of the information.
This publication may include tourism products and service information supplied by third parties. Inclusion in this publication is not an endorsement of the information or of the supplier of the information and Destination NSW makes no representations as to the accuracy or any other aspect of the information supplied by third parties or contained in third party internet sites.
Care has been taken to ensure legitimate usage of any copyright material. Destination NSW welcomes any information from entities who believe their copyright may have been infringed by this publication.
Maps on this Internet site are indicative only. You should refer to an appropriate road map prior to committing to any travel arrangements. Every effort has been made to ensure that the details on maps were accurate at the time of going to press, however Destination NSW cannot accept any responsibility for any errors or omissions. The representation of any road is not necessarily evidence of public right of way.
This website offers an extensive list of free publications. To download the publication, please follow the downloading instructions. The downloading of these publications does not involve the collection of Personal Information.
Your e-mail requests for publications or information are only used by Destination NSW to process your request for information and are not collected for any other purpose. After your request for information has been processed, your e-mail request and any Personal Information it contains is safely destroyed.
18. Market Research Surveys
Surveys are designed to collect specific market research and/or demographic information that Destination NSW may use for planning and strategy development. The Personal Information that is collected from you by this survey is de-identified so that your identity can no longer be determined. The original survey is held by Destination NSW. The information is only used in an aggregated form as statistical information. The statistical information that is collected is analysed to allow us to deliver more exciting and competitive travel related activities and events that in turn allow the NSW tourism industry to grow.
Competitions are designed to encourage consumers to participate in travel related activities and events and to collect specific market research and/or demographic information that Destination NSW may use for planning and strategy development of future tourism products.
Once the winning entrant is determined, the Personal Information contained in the remaining unsuccessful entries is de-identified so that your identity can no longer be determined within the market research material. The original entry form is held by Destination NSW.
After the competition is determined, the remaining information is only used in an aggregated form as statistical information. The statistical information that is collected is analysed to allow us to deliver more exciting and competitive travel related activities and events that in turn allow the NSW tourism industry to grow.
As part of a competition, Destination NSW may invite entrants to select the option of receiving special promotional material via email. At this time, we may collect relevant preference information to better tailor the special promotional material we send to you. Should you elect to receive the special promotional material; the Personal Information we collect from you will only be used to send you the special promotional material and will not be used for any other purpose. The receipt of the special promotional material is voluntary and can be changed, deleted or unsubscribed at any time.
This Internet site includes tourism products and services information supplied by third parties. Destination NSW uses its best endeavours to keep the information included in this Internet site up to date, however the information, for example, prices quoted and services availability, may change and all details should be confirmed with the product or service provider/operator. Inclusion in this Internet site is not an endorsement of the information or supplier of the information and Destination NSW makes no representations as to the accuracy or any other aspect of the information supplied by third parties or contained in third party internet sites.
All information in this Internet site is provided “as is”, with no guarantee of completeness, accuracy, timeliness, fitness for purpose or of the results obtained from using this information. The information is provided on the understanding that Destination NSW is not providing professional advice on a particular matter.
To the extent permitted by law, Destination NSW: excludes all warranties as to and responsibility for the accuracy, completeness or suitability of the information on this Internet site or any linked site or for any error or omission in that information; and will not be liable for any loss or damage suffered or incurred by any person arising from the use of or reliance on the information, material or data contained on this Internet site or any linked Internet site.
If the law does not permit exclusion of liability, to the extent the law allows, Destination NSW limits its liability to the resupply of the products or services supplied by Destination NSW (for example substituted information on this Internet site or access to this Internet site but not a replacement holiday or other tourism service) again or payment of the cost of resupply.
Destination NSW values any comments you may have concerning the structure or content of this website. Your comments will be kept on file for planning purposes, so that our future upgrades to the website can incorporate the wishes of our users. Your e-mail comments will be kept solely for the purposes of future planning and will not be integrated into any of our consumer databases. We will not disclose your e-mail addresses or any Personal Information they may contain, to anyone outside Destination NSW. Should you wish to view your comments at any time please contact us at firstname.lastname@example.org.
Destination NSW may provide feedback facilities on their websites to allow users to provide input into the future development of the sites and to comment on the provision of service by Destination NSW. The provision of personal details on feedback is optional.
Users may provide personal details for the purpose of receiving a reply to their feedback. This Personal Information will only be used for the purpose for which it was provided. We will not add your email address or name to any mailing list.
Destination NSW may publish aggregated information about feedback on the site, but will ensure that this aggregated information cannot be used to identify individual users.
Your use of this Website is exclusively at your own risk.
This Website and the Content contained herein, is made available for information purposes only. We do not give any assurances, warranties or representations of any kind, whether express, implied, statutory or otherwise, as to the accuracy, completeness or legitimacy of this Website’s content.
There are risks associated with the transmission of information over the Internet and you should therefore make your own assessment of the risks in the provision of your information to Destination NSW’s website.
This website contains numerous links to other organisation’s web pages. Destination NSW is not responsible for the information handling practices or privacy policies of those other organisations. Destination NSW can of course provide you with an alternative means of dealing with it, or transacting business with it, if you feel uncomfortable with the electronic transmission of information.