TERMS AND CONDITIONS OF USE

City of Melbourne (COM) and That Startup Show (TSUS) have collaborated to establish a library of images featuring Australian startup culture (Photo Library) and displayed on this site. That Startup Show is responsible for the administration and dissemination of the Photo Library images and all queries for access to the images can be directed to team@thatstartupshow.tv.

By accessing the images, you agree to abide by the terms and conditions of use set out here. TSUS grants Eligible Users a licence to use the images in the Photo Gallery to promote startups and startup life in Australia, subject to the terms and conditions of Use set out below.

  1.  Definitions

In these Terms and Conditions of Use, the following definitions apply:

Attribution means the following attribution of authors and licensors of the Images:

Short attribution:

City of Melbourne/ That Startup Show /Photographer Wren Steiner

Full Attribution:

Title: [insert Image title]

Person/s in image: [insert name of person]

Company: [insert company name]

Location:  [Insert location]

Photographer:  Wren Steiner

Source: [insert weblink to source]

Created by City of Melbourne and That Start Up Show 2017

Authorised Use means the non-exclusive, worldwide, royalty free licence to use, reproduce, copy, adapt, display or modify the Images by the Eligible Users for the sole purpose of online promotion of the Eligible User’s business or other enterprise in any digital or online media format throughout the universe in perpetuity for the following uses:

a) reproducing the Images in media channels as part of a news story about the Eligible User or general news;

b) use as press or profile shots;

c) use of an image as part of a news story;

d) use in presentations such as training or public lectures, keynote presentations or speeches;

e) use in the Eligible User’s social media channels such as a photo on a blog post, photo in a status update or a still image displayed in a video;

f) use as part of a non-commercial digital exhibition such as projected images on a wall; or

g) use on the Eligible User’s website; and

any use not specified here will be an unauthorised use, and grounds for immediate revocation of the Eligible User’s licence to use the images.

Eligible User means a person or organisation which has by accessing the Photo Library in accordance with these terms and conditions and is one of the following:

a) an Australian proprietary limited company or small business registered in Australia with an annual turnover of less than $5 million per annum;

b) a community organisation whose primary purpose is to support startups;

c) a research institution supporting startups as part of an educational program;

d) a startup incubation or acceleration program;

e) a participant in or subject of the Photo Library; 

f)  a not for profit organisation;  

g) a media organisation promoting startups; or

h.) a co working space

that signs up with TSUS for access to the Photo Library.

Image means any image displayed in the Photo Library, as updated from time to time.

Licence means the licence granted by TSUS to Eligible Users in accordance with clause 2 of these Terms.

Photo Library means the collection of images available to Eligible Users for the Authorised Use by TSUS under these Terms and Conditions of Use;

Terms and Conditions of Use means these terms and conditions of use of Images and the Photo Library by Eligible Users, as updated by the parties and notified to the Eligible Users from time to time.

  1. Grant of Licence

2.1 Subject to these Terms and Conditions of Use, TSUS grants Eligible Users a non-exclusive, worldwide, royalty free, revocable licence to use, reproduce, copy, adapt, display or modify the Images for the sole purpose of the online promotion of the Eligible User’s business or enterprise for the Authorised Use.

2.2. Each use of any Image must be accompanied by the required Attribution. If the Eligible User fails to make the Attribution on any image and does not rectify the Attribution upon reasonable request by TSUS or COM, this will be grounds for revocation of the Licence.

2.3.  TSUS may revoke the Licence in respect of any unauthorised use of the Photo Library at any time if the Eligible User is in breach of these Terms and Conditions of Use, in which event the Eligible User must cease the Eligible User’s use of the images immediately and remove or delete the image on request.

2.4. City of Melbourne is responsible for the administration and dissemination of the Photo Library images and all queries for access to the images must be directed to the City of Melbourne. TSUS provides no warranties, and accepts no liability, in relation to the City of Melbourne’s administration and dissemination of the Photo Library to the Eligible User.

  1. Obligations

3.1.  The Eligible User must:

a)    not use any Image in a manner that could be offensive or defamatory to COM, TSUS or any person depicted in any Image or the copyright owner;

b)     not make any representation that the Eligible User is the creator of any Image, or that any other person other that the copyright owner is the creator of any Image;

c)      not on-sell any of the image or collection of images from the Photo Library or use the image or  collection of images from the Photo Library for advertising (NB: online pronmotion is not advertising);

d)      comply with any reasonable direction of TSUS or TSUS’s representatives in relation to the Eligible User’s use or  modification of any Image;

e)     notify TSUS immediately if any claim is made against the Eligible User that its use of any Image infringes the    intellectual property or other rights of any third party.

4.    Warranties

4.1. TSUS provides the Images on an “as-is basis”, and to the extent permitted by law disclaims all representations and warranties, express or implied, in relation to the Images, including any warranty that the Images will be fit for an Eligible User’s intended use.

4.2. TSUS provides no warranties that access to the Website or the Photo Library will be uninterrupted or error free.

4.3.  Any links provided on the Website are provided for convenience only, and TSUS provides no warranties, and accepts no liability, in relation to third party sites accessible via such links.

  1. Liability and Indemnity

5.1. Eligible Users acknowledge and agree that the Photo Library is provided as a free resource, and as such TSUS accepts no liability for any loss or damage suffered or incurred by Eligible Users as a result of their use of the Images.

5.2. Eligible Users indemnify TSUS for and against any claim, loss or damage suffered or incurred by TSUS as a result of that Eligible User’s use of any Image otherwise than in accordance with these Terms and Conditions of Use.

  1. Personal Information

6.1. When Eligible Users apply for access to the Photo Library, TSUS may collect certain personally identifiable information (Personal Information) for the purposes of administering the Licence, verifying an Eligible User’s eligibility for access to the Photo Library, promotion of COM or TSUS activities and for any other purpose related to promoting or marketing the Photo Library.

6.2  Eligible Users agree TSUS may contact or send the Eligible User promotion or marketing materials from time to time.  

6.3   TSUS will handle all Personal Information collected in connection with the Photo Library in accordance with the Privacy Act 1988 (Cth).

  1.    General

7.1   These Terms and Conditions of Use may be updated from time to time.

7.2  These Terms and Conditions of Use are governed by the laws of the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them.

 

 

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