Visual Gallery Usage Terms & Conditions

Overview

The Tourism and Events Queensland visual gallery contains images of Queensland (Visual Gallery).

The full terms and conditions of your licence for the use of images, text, maps or PowerPoint presentation templates from the Visual Gallery (Content) are outlined below (Terms and Conditions).

Agreement to these Terms And Conditions will result in the granting of a non-exclusive right to use the selected Content for the permitted purpose. It is your responsibility to provide Tourism and Events Queensland with details of how the Content will be used.

This licence will terminate immediately upon the expiry of the agreed period of use, or upon breach of these Terms and Conditions.

By accessing the Visual Gallery, downloading, or otherwise making use of, any of the Content you expressly agree to be bound by these Terms and Conditions.

You agree to indemnify Tourism and Events Queensland against all actions, suits, claims, demands and costs resulting from your use of the Content.

Tourism and Events Queensland is the owner of all copyright and intellectual property rights in the Content unless otherwise noted in the description of the material.

1. Terms and Conditions

(a)    In these Terms and Conditions, "we" or "us" means Tourism and Events Queensland.
    
(b)     Please read these Terms and Conditions carefully as they apply to your use of the Visual Gallery as accessed through this website (Site). By using this Site you agree to be bound by these Terms and Conditions.

(c)     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.

(d)     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:

              (i)     will apply to your use of such parts of the Site or features in addition to these Terms and Conditions; and
              (ii)     will prevail over these Terms and Conditions to the extent of any inconsistency.

2. Content Licence

Upon receipt of your request Tourism and Events Queensland will use reasonable endeavours to supply the requested Content to you. By providing you with the Content, Tourism and Events Queensland grants a non-exclusive licence to use that Content in accordance with these Terms and Conditions.

Tourism and Event Queensland’s supply of the Content is subject to and conditional upon your compliance with the following:

1. The Content must only be used for the positive promotion of Queensland holidays and Queensland tourism businesses (permitted purpose).
    
2. The Content is not to be incorporated into merchandise intended for sale (Merchandise) without Tourism and Event Queensland’s prior written consent.  Merchandise includes, but is not limited to, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical or digital reproduction for resale.
3. The Content will only be used for the purpose disclosed to Tourism and Events Queensland
4. Where any Content contains an identifiable person (talent), that Content must only be used for the promotion of Queensland holiday destinations and/or Queensland tourism businesses. TEQ will not approve any requests pursuant to Item 2 for such Content.
5. The Content must be captioned with the correct location (click image to view information on location) and Queensland or Queensland, Australia.
    
6. Content may only be used to promote the region/destination as per the location identified in each image. Generic images and close ups of food/talent/animals/objects where the destination is not identifiable do not have to be identified as the destination.
    
7. The Content must contain an acknowledgement of Tourism and Events Queensland’s ownership though inclusion of the following words "Courtesy of Tourism and Events Queensland" on each image.
    
8. You must not falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content.
9. You must not materially alter, edit or adapt the Content without Tourism and Events Queensland’s prior written consent.
    
10. You must not use the Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal; to be determined by Tourism and Events Queensland (acting reasonably).
     
11. You must not use any Content (in whole or in part) as a trademark, brand mark or logo.
     
12. You acknowledge that you must not, without Tourism and Event Queensland’s prior written consent assign any benefits provided to you under these Terms and Conditions or any Content licence.

Tourism and Events Queensland may immediately terminate your licence (without prior notice) if you fail to comply with these Terms and Conditions. For clarity, should this occur, any fees paid by you for use of the Content will not be refunded by Tourism and Events Queensland.

3. Intellectual Property Rights

 (a)     You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights.

    
(b)     Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:

    (i)      sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works  based on, repost or otherwise use any of the Site or the Content in any way for any public or commercial purpose, other than that provided for by licence, without our prior written consent. Such reproduction or redistribution of this Site or the Content  may result in civil and criminal penalties; or
(ii)     otherwise infringe the intellectual property rights of any person in using the Site or any Content.

(c)     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.
(d)     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.
(e)     Tourism and Events Queensland reserves all rights in the Content of the Site and the appropriate copyright holder is to be credited at all times.

4. Content of Site

(a)     We endeavour to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
(b)     You acknowledge that the Content on the Site is liable to change at any time.

5. Your Use of the Site

    (a)     You must not:

    (i)     disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

    
(ii)     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;

(iii)     violate any Applicable Law relating to your use of the Site; or

(iv)     collect or store personal data about other users of the Site.

    
(b)     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:

    (i)     any law, rule or regulation of any country (or political sub-division of a country);

    
(ii)     any obligation under any licence in any country (or political sub-division of a country); and

(iii)     any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

6. Links and Advertisements

    (a)     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.

    
(b)     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

7. Use of the Site is at Your Risk

    (a)     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.

    
(b)     If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (a) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

8. Limitation of Liabilities

    (a)     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:

    (i)     In the case of goods any one or more of the following:
    (A)     the replacement of the goods or the supply of equivalent goods; or
    
(B)     the repair of the goods;
 

    
(ii)     in the case of services:
    (A)     the supply of the services again.

    
(b)     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.

(c)     If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

9. General Provisions

    (a)     If any part of these Terms and Conditions are 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.

    
(b)     Your use of the Site and these Terms and Conditions are governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.