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Terms & conditions

  1. General
    1. This is a legal agreement between you (‘you’) and the Department of Climate Change, Energy, the Environment and Water (ABN 63 573 932 849) of John Gorton Building, King Edward Terrace, Parkes ACT 2600 (‘Department’) (‘Agreement’). Before you download any material hosted on this website, including video, photographs, copy, documents, or footage (‘Content’), you must read and agree to be bound by this Agreement in its entirety, and any additional terms that are stated to apply.
    2. The Department 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. All rights to the Content are owned by the Department and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws. The Department and the Content's creator retain all rights not expressly granted by this Agreement.
  2. Grant of licence
    1. The Department 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, the Department will notify you of the changes via email.
  3. Limitation of licence
    1. Defamatory, libellous, scandalous, misleading, pornographic or otherwise unlawful use of the Content is prohibited.
    2. 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.
    3. You shall not alter, modify or adapt the Content without the prior written consent of the Department.
    4. You may not assign any rights or obligations under this Agreement.
    5. The Content must not be downloaded to create, establish or form any part of an online interactive stock photo library.
  4. Warranties and Indemnities
    1. To the fullest extent permitted by law, the Department 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.
    2. To the extent permitted by law, the Department shall not be liable to you, 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.
    3. You warrant that you will not access, view, download or attempt to download any 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.
    4. You agree to indemnify the Department against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid, or incurred by the Department as a result of:

4.4.1.you or any authorised person's use of Content, data file, or other material contained on this site;

4.4.2.you or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or

4.4.3.any other matter arising out of this Agreement.

  1. Use of the Content must comply with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights.
  1. Moral rights
    1. It is acknowledged that the creator of the Content may have certain moral rights (including the right to be credited) in the Content in certain jurisdictions. In recognition of this, a credit line in the following form must appear adjacent to the Content in respect of each use of the Content:

Photo: [INSERT NAME OF PHOTOGRAPHER OF CONTENT], Department of Climate Change, Energy, the Environment and Water.

  1. 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.
  1. Privacy
    1. Please refer to the Department’s Privacy Policy
  2. Jurisdiction
    1. This Agreement is governed by the laws of the Australian Capital Territory in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of the Australian Capital Territory.
  3. Termination
    1. The Department may terminate the licence contained in this Agreement automatically without notice if you fail to comply with any provision of this Agreement.
    2. Upon termination you must immediately:

8.2.1.stop using the Content, and

8.2.2.delete the Content and all copies or upon the request of the Department, return all such copies to the Department.

  1. The Department 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 the Department 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.
  2. Clauses 3.1, 3.3, 4.1, 4.2, 4.3, 4.4, 4.5, 5.1, and 5.2 continue to operate and survive the termination or expiry of this Agreement.

This platform may feature people of Australian Aboriginal or Torres Strait Islander descent. In the event of his, her or their death, the Department can be contacted to arrange removal of the person’s image from this platform. This means that the Department may in its absolute discretion, and without notice, instruct you to permanently remove any Content from its 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-Artsv/ for more information.