Tourism NT invest a great deal of its resources into this Image Gallery to provide a broad range of assets (free of charge) with the goal of positively promoting and encouraging visitation to the Northern Territory. 

 

Tourism NT Images are only to be used for promoting and encouraging tourism to the Northern Territory, Australia. Use of these images must comply with these Terms and Conditions, especially Clause 4 (Conditions of Licence). By downloading or accessing the Tourism NT Image Gallery, you agree to these Terms and Conditions. 

 

 

 

 In this Agreement unless a contrary intention appears:

 

“Business Day” means a day which is not a Saturday, Sunday or Public Holiday in Darwin in the Northern Territory;

 

 “Distributor” means the distributor contracted by Tourism NT to distribute Tourism NT Images and Tourism NT Logos;

 

“Global Style Guide” means the guidelines set out in the Tourism NT Style Guide available for download;  

 

“Intellectual Property” means all intellectual property rights including patents, copyright, rights in circuit layout, registered designs and trademarks;

 

“Licence” means the licence granted to the User under clause 2.1;

 

“Licence Conditions” means the conditions of the Licence under clause 4;

 

“Party” or “Parties” means a party or the parties to this Agreement;

 

“Permitted Purpose” means the purpose detailed in the User’s Request Form and approved by Tourism NT for the positive promotion of tourism visitation in the Northern Territory of Australia, subject to this Agreement, the Licence Conditions and any Usage Restrictions (including additional Usage Restrictions under clause 5(c)) imposed on the User by Tourism NT;

 

“Publication” means the act or process of supply to the public of any material (electronic or otherwise) containing Tourism NT Images or Tourism NT Logos, including but not limited to:

                advertisements;

                creative design;

                brochures;

                editorial and media content;

                social media (with the prior consent of Tourism NT);

                retail posters; and

                banners.

 

"Tourism NT Images" means all digital imagery and video content, audio recording, creative design, Tourism NT Logos and any other electronic material made available within the Tourism NT Image Gallery;

 

“Tourism NT Image Gallery” means the internet website that contains the Tourism NT Images and the Tourism NT Logos;

 

 “Tourism NT Logos” means all versions of the Tourism NT logo (including both domestic and international), NT Business Events Logos, Study NT and includes icons, pictures and words used in such logos which appear in the Tourism NT Image Gallery;

 

“User” means the Party seeking access to and use of Tourism NT Images from the Tourism NT Image Gallery for the Permitted Purpose;

 

“Registration Information” means the username and password issued by Tourism NT that enable the User to gain entry to the Tourism NT Image Gallery;

 

“Usage Restrictions” means any limitations or restrictions imposed by Tourism NT on the User on the usage of Tourism NT Images and Tourism NT Logos which may include, but are not limited to:

             conditions, restrictions or limitations on the period of time in which a Tourism NT Image or Tourism NT Logo may be used;

             the geographical area in which a Tourism NT Image may be used;

             the number of Tourism NT Images that can be downloaded for a Permitted Purpose; 

             the format or media in which a Tourism NT Image or Tourism NT Logo may be used; and

             the purpose for which it may be used.

 

“User’s Request Form” means the form submitted to Tourism NT by the User requesting permission to use selected Tourism NT Images.

 

 

2.1 Subject to the User’s compliance with this Agreement, the Licence Conditions and the Usage Restrictions, Tourism NT grants to the User a non-exclusive, non-transferrable and revocable licence to access, use and reproduce the Tourism NT Images and Tourism NT Logos for the Permitted Purpose. Unless otherwise agreed, access to the Tourism NT Image Gallery for each Permitted Purpose is restricted to a six (6) month term commencing upon receipt by the User of notice in clause 3 (a). 

 

2.2 The Licence includes the right for the User to grant a sub-licence to its employees, agents, contractors and subcontractors on the same terms and conditions.

 

2.3 For the avoidance of doubt, this Agreement and the Licence do not:

(a) affect Tourism NT’s ownership of or rights to use Tourism NT’ Images and Tourism NT Logos;

(b) confer on the User any right of exclusive use of any Tourism NT Images; or

(c) create any relationship of agency, partnership or trust between Tourism NT and the User.

 

 

(a) This Agreement will commence upon notice to the User of approval by Tourism NT of the User's Request Form/Order.

(b) For the purposes of clause 3(a), Tourism NT will communicate approval of a User’s Request Form by sending an electronic mail to the electronic mail address provided in the User’s Request Form providing Registration                Information.

 

 

The User, its employees, agents, contractors, subcontractors, and sub licensees agree:

(a) to use  Tourism NT Images  solely for the Permitted Purpose and not for any other purpose;

(b) not to access the Tourism NT Image Gallery until they have been granted approval in accordance with this Agreement and received Registration Information from the administrator of the Tourism NT Image Gallery;

(c) subject to clauses 7.1(a) & (b), not to modify or alter in any way Tourism NT Images;

(d) to include appropriate credits as provided to credit the content creator; 

(e) not to share Registration Information with third parties; 

(f) Registration must be made with an individual email address, not a generic email address.

(g) not to use Tourism NT Images on social media without the prior written consent of Tourism NT;

(h) not to transfer Tourism NT Images to third parties, without the prior written consent of Tourism NT save for pursuant to a sub-licence granted in accordance with clause 2.2;

(i) not to use Tourism NT Images to produce materials for commercial sale or other gratuity, without the prior written consent of Tourism NT;

(j) Not to use any Tourism NT images for recruitment purposes or for advertising outside of the tourism industry. This includes, but is not limited to, banking/finance, insurance, healthcare, petrochemicals, and alcohol products (both within and outside the tourism industry); and

(k) to comply with any Usage Restrictions which apply to any Tourism NT Images.

 

 

The User acknowledges that: 

(a) an acceptance of the Usage Registration (in the absence of approval and Registration Information) does not constitute permission in any way to deal with or obtain any of Tourism NT Images;

(b) Tourism NT may in its absolute discretion, and without notice, decide whether to accept or reject the User’s Request Form;

(c) Tourism NT may impose additional Usage Restrictions on any  Tourism NT Images  at any time after the User first acquires the Tourism NT Images at the complete discretion of Tourism NT;

(d) Tourism NT may in its absolute discretion, and without prior notice, instruct the User to permanently remove Tourism NT Images from the User’s material and the User must promptly comply with the instruction;

(e) Tourism NT must notify the User of any additional Usage Restrictions to be placed on any Tourism NT Images after the User first acquires the Tourism NT Images by giving notice in writing in accordance with clause 16. The User will be deemed to have agreed to the additional Usage Restrictions if the User continues to use the material.

(f) Tourism NT does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in the Tourism NT Images. The User is responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to Publication, reproduction or other use of the Tourism NT Images.. 

 

 

The User warrants that:

(a) the information provided to Tourism NT that is contained in the User’s Application and Order Request Form is true and accurate at the date the User’s Request Form was submitted for approval to Tourism NT;

(b) if any of the information contained in the User’s Request Form changes from that provided to Tourism NT, it will notify Tourism NT within 5 Business Days upon becoming aware of such a change; and

(c) it is aware of and understands the Usage Restrictions which apply to the User at the time they first acquire any Tourism NT Images.

 

 

(a) The User may, if necessary:

          a. crop Tourism NT Images; and 

          b. Video content may be colour graded slightly to fit screen requirements. Video content may also be cut and edited to suit final edit requirements. 

(b) The User must ensure when using Tourism NT Images and Tourism NT Logos that:

          (i) Tourism NT Images and Tourism NT Logos are used strictly in accordance with the Global Style Guide;

          (ii) Tourism NT Logos retain any minimum width requirements specified in the Global Style Guide; and

          (iii) Tourism NT Logos retain any minimum space requirements specified in the Global Style Guide.

 

This clause 7.2 is purposely deleted. 

 

(a) Where the User incorporates Tourism NT’ Images  into any Publication or other material:

          (i) the final Publication and other material must be of a professional standard;

          (ii) Tourism NT Images  must not be demeaned or disparaged in any way by their incorporation; and

          (iii) Subject to clauses 7.1 (a) and (b) Tourism NT Images must be used in their entirety.

 

(a) The User, when using or presenting Tourism NT Images in any medium, must attribute the photographer and Tourism NT, as well as the copyright owner (if applicable) as the source and owner of Tourism NT Images, by providing in a reasonably prominent location near the image:

          (i) a credit to photographer, Tourism NT and (if applicable) the copyright owner; 

 

(a) The User must at all times, when using or presenting the Tourism NT Images in any medium ensure that:

          (i) Tourism NT Images are captioned appropriately to accurately confirm what the image is of and where the image was taken (e.g. Florence Falls, Litchfield National Park), and, where a full caption is not possible, at a minimum the  region must be stated (e.g. Alice Springs Region); and 

          (ii) each Tourism NT Image is used in context (i.e. the image is appropriate and relevant to the body of text where it is placed. For example, an image of Arnhem Land cannot be used to promote a tour or attraction located in Kakadu).

 

(a) Upon Tourism NT’s request, the User must forward a copy of the Publication either electronically or in hard copy to Tourism NT at the address for service of notices.

(b) Upon Tourism NT’s request, the User must provide the uniform resource locator (URL) of any website that it is using to the address for service of notices.

 

 

 

Still and moving imagery of Uluru-Kata Tjuta National Park requires a permit for usage. 

 

The User is responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of any Tourism NT Images featuring Uluru-Kata Tjuta National Park. 

 

The Permit application package can be obtained from the Uluru-Kata Tjuta National Park website: http://www.environment.gov.au/parks/permits/index.html 

 

For any queries or further information please contact the Uluru-Kata Tjuta National Park Senior Media Officer: 

 

Senior Media Officer 

Uluru-Kata Tjuta National Park 

PO Box 119 

Yulara NT 0872 

Australia 

Phone +61 8 8956 1113 

Fax +61 8 8956 2360 

Email: uluru.media@environment.gov.au 

The User must comply with any terms and conditions of the permit.

Note that Uluru and Kata Tjuta must not be depicted with writing/text, or any other graphic device, over them.

 

 

Tourism NT Images may feature people of Australian Aboriginal or Torres Strait Islander descent (‘Indigenous Talent’). In the event of the Indigenous Talent’s death his or her family can contact Tourism NT to arrange removal of the Indigenous Talent’s image from Tourism NT’s Image Gallery. 

This means that Tourism NT may in its absolute discretion, and without prior notice, instruct the User to permanently remove any Tourism NT Images featuring the Indigenous Talent from its material, regardless of whether the material is in electronic or hardcopy format. In the event Tourism NT instructs the User to do so, the User must promptly remove the material.

 

 

The User agrees that: 

(a) Tourism NT Images must not be duplicated, scanned or electronically retained. 

(b) copies of the Tourism NT Images and/or Tourism NT Logos may NOT be made, used or distributed except as necessary for the Permitted Purpose;

(c) they may only download the Tourism NT Images  onto one computer hard drive, and may not store the Tourism NT Images on any network configuration that may be accessed by others (except for sub licensees); 

(d) prior to use of any Tourism NT Images  it will ensure that the Tourism NT Image is the most up-to-date version from the Tourism NT Image Gallery, and will not use any other version of the Tourism NT Images or Tourism NT Logos,  including any other version used in the past;

(e) until the User deletes or otherwise destroys all copies of the Tourism NT Images , the User must ensure that any identification number and copyright information included with the Tourism NT Images is retained. 

 

 

(a) The User acknowledges that the Tourism NT Logos are trademarks owned by Tourism NT. 

(b) The property and copyright and future copyright in all Tourism NT Images and Tourism NT Logos vests solely in Tourism NT or, where Tourism NT is licensed to use the Tourism NT Images and Tourism NT Logos, vests solely in the copyright owner.

 

 

Tourism NT does not warrant to the User that Tourism NT’ Images and associated metadata obtained from the Tourism NT Image Gallery are of a certain quality, accurate or free from error.

 

 

12.1 The User acknowledges and agrees that Tourism NT and its officers, employees, agents and contractors will not be liable for any loss, damage (including consequential or indirect loss or damage) or injury which:

(a) is caused to the User arising from or caused by their use, or the use of the User’s sub licensee or any third party on the User or sub licensee’s behalf, of Tourism NT Images or Tourism NT Logos for any reason whatsoever;

(b) arises from the User’s use of Tourism NT Images or Tourism NT Logos; or

(c) arises from any breach of the Usage Restrictions by the User, any sub licensee of the User or any third party to whom the User has made available any Tourism NT Images or Tourism NT Logos.   

 

12.2 The User agrees to indemnify, keep indemnified and hold harmless Tourism NT, its employees, agents and contractors against all claims, demands, losses, suits, actions, damages, costs and expenses which Tourism NT, its employees, agents or contractors may sustain or incur or be or become liable in respect of, either arising from, caused by, or contributed to by:

(a) the use of Tourism NT Images and Tourism NT Logos by the User or its sub-licensees or any third party who has acquired any Tourism NT Images and Tourism NT Logos;

(b) the use of any Publication or other material made by or on behalf of the User or its sub-licensees, which incorporates Tourism NT Images and Tourism NT Logos;

(c) infringement of any Intellectual Property right by the User or its sub-licensees, save to the extent that Tourism NT wrongfully caused or contributed to the infringement;

(d) the User’s breach of this Agreement, including the warranties set out at clause 6; 

(e) any breach of the Usage Restrictions by the User, any sub-licensee of the User or any third party who has acquired any Tourism NT Images or Tourism NT Logos from the User.

 

 

The Tourism NT Image Gallery, Tourism NT Images and Tourism NT Logos are provided ‘as is’ and Tourism NT and its officers, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Tourism NT will not be liable for any damages of any kind arising from the use of the Tourism NT Image Gallery or its content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the content of the Tourism NT Image Gallery are not warranted to be uninterrupted or without error. Tourism NT makes no warranty that the Tourism NT Image Gallery or the Tourism NT Images and Tourism NT Logos are free from infection by viruses or anything else that has contaminating or destructive properties. 

 

 

(a) Tourism NT may in its absolute discretion, and without notice, suspend a User’s access to the Tourism NT Image Gallery.

(b) Tourism NT may:

          (i) end the suspension by written notice to the User, subject to such preconditions (including variations to this Agreement) as Tourism NT may require; or

          (ii) if the matter is not resolved to the satisfaction of Tourism NT within 10 Business Days terminate this Agreement. 

(c) Tourism NT may by written notice to the User immediately terminate this Agreement if: 

          (i) Clause 14(b)(ii) applies;

          (ii) the User uses Tourism NT’ Images  other than for the Permitted Purpose;

          (iii) the User uses Tourism NT Images  to produce materials for commercial sale without the prior written consent of Tourism NT; or

          (iv) the User breaches any of the provisions of this Agreement and where that breach is capable of remedy the User fails to remedy such breach within:

                    5 Business Days (for print promotions);

                    48 hours (for digital promotions); 

                    24 hours (for broadcast/television promotions); or

                    in any other case within 10 Business Days,

of receipt of written notice from Tourism NT specifying the breach and requiring it to be rectified.

(d) Upon termination of this Agreement:

          (i) the User will be deregistered from the Tourism NT Image Gallery;

          (ii) the User’s Registration Information will immediately expire and the Tourism NT Image Gallery will no longer be accessible using the User’s Registration Information;

          (iii) all rights of the User granted under this Agreement (including the Licence) will terminate and the User must cease to print, publish, make, produce or use or distribute in any manner whatsoever  Tourism NT Images;

          (iv) the User must, and must ensure its sub-licensees and any third party who has acquired any Tourism NT Images, return to Tourism NT all copies of Tourism NT Images in its possession, custody or control; and

          (v) the User must, and must ensure its sub-licensees and any third party who has acquired any Tourism NT Images , delete or destroy all copies of Tourism NT Images held by the User in electronic form, unless consent to retain the material is obtained from Tourism NT in writing.

 

 

(a) If a dispute arises between the Parties as to any matter concerning this Agreement (“Dispute”), the Party claiming the Dispute may give immediate notice in writing to the other Party providing details of the Dispute.

 

(a) Within 5 Business Days of notice of a Dispute being received by a Party, one or both Parties may nominate an independent expert to determine the Dispute.

(b) If the Parties fail to agree as to the identity of an independent expert within 5 Business Days of a Party nominating an independent expert, either or both of the Parties may refer the matter to the President for the time being of the Law Society of the Northern Territory who will nominate an independent expert to determine the Dispute.

 

(a) The decision of the independent expert is absolute and final and will bind the Parties accordingly and this Agreement will be deemed to be amended to incorporate the terms of the independent expert's decision.

(b) The independent expert will be deemed to be acting in making any decision as an expert and not an arbitrator.

 

(a) The Parties must bear the costs of the independent expert’s determination equally.

(b) The Parties must make available to the independent expert all materials requested by it and must furnish it with all other materials which are relevant to the determination.

 

 

(a) All notices, approvals, consents, demands or other communications required or permitted to be given under this Agreement must be in writing and served:

personally;

          by pre-paid certified post; or

          by electronic email.

at the address of the Party set out below or at such other address as a Party may have substituted for it by written notice to the other.

(b) A notice, approval consent, demand or other communication is deemed to be given by the sender and received by the addressee, if:

          given by delivery in person, when delivered to the addressee;

          sent by mail, on the second Business Day from and including the date of posting; 

          sent by facsimile, on receipt of a complete and correct transmission report by the sender and if received by the addressee before 4.00 pm (addressee's time) on a Business Day on that day otherwise it is deemed to be received at      9.00am on the next following Business Day in the place of receipt; or

          email, on receipt by the sender of the email of a notification that the message has been received at the addressee’s mailbox, subject to no automatically generated notification being sent by or on behalf of the addressee advising that the message was undelivered or the addressee is “out of office” or similar, in which case the email is deemed not given.

 

(c) For the purposes of this clause, the address for service of each Party is as follows:

TOURISM NT

Address for service of notices

  Contact Person: Image Gallery Coordinator

          Level 8, Charles Darwin Centre

          19 the Mall

          Darwin NT 0800

          Australia

          Tourism NT

          GPO Box 1155

          Darwin NT 0801

          Australia

 

 

Address for service of notices As set out in the contact details contained in the User’s Request Form.

(d) The User must notify Tourism NT within 5 Business Days of any change to the details specified in clause 16(c). This notification must be sent in writing to the address for service or by email.

(e) If a User changes employment, they must cancel their previous account and apply for a new registration through the Image Gallery.

 

 

The User must comply with all applicable laws in force with respect to the subject matter of this Agreement from time to time.

 

 

(a) All of the following clauses will survive the termination of this Agreement:

          Clause 4 (Conditions of Licence);

          Clause 6 (User’s Warranty);

          Clause 10 (Intellectual Property);

          Clause 12 (Exclusion of Liability and Indemnity);

          Clause 14(d) (Suspension and Termination)

 

 

The User may only assign or otherwise deal with this Agreement or any right under this Agreement after obtaining the prior written consent of Tourism NT.

 

 

If a court determined that a word, phrase, sentence, paragraph or provision in this Agreement is unenforceable, illegal or void then it will be severed and the other provisions of this Arrangement will remain operative.

 

 

This Agreement is governed by the law for the time being in force in the Northern Territory of Australia and the Parties submit to the jurisdiction of the courts of the Northern Territory of Australia in respect of all matters arising under or in connection with this Agreement.

 

 

Each Party will promptly do and perform all acts and execute and deliver all documents (in a form and context reasonably satisfactory to that Party) required by law or reasonably requested by the other Party to give effect to this Agreement.

 

 

This Agreement terminates and supersedes all previous written and oral agreements between the User and Tourism NT and constitutes the entire agreement between the Parties in relation to its subject matter.