Sunshine Coast Destination Ltd ACN 144 749 717 (SCDL/VSC/we/us/our) trading as Visit Sunshine Coast (VSC), understands and appreciates that visitors to and users of this website (you/your) are concerned about their privacy and the confidentiality and security of any information that may be provided to us. We endeavour to protect user privacy in compliance with the Australian Privacy Principles (APP).
Grant of license (Media Hub): We grant you a free, personal, limited, terminable, non-transferable, non-sublicensable and non-exclusive license use of content subject to the following conditions:
- Exploitation of content is limited to non-commercial use only, and for the specific purpose of promoting Visit Sunshine Coast as a travel destination;
- Content shall not in any way be used for the purpose of selling or reselling promotional items or for commercial gain;
- Content shall clearly include the appropriate moral rights attributions (e.g. name of the photographer, owner or author of the copyright in the licensed photograph) as supplied by via the media hub;
- By granting this licence, we do not in any way transfer or assign any intellectual property rights subsisting in any content that belongs to us or any third-party to you;
- You also acknowledge and agree that you are not authorised to use any content that contains intellectual property rights that belong to any third-party without the prior authorisation from that third-party; and
- You acknowledge and agree that we do not own the intellectual property rights subsisting to user generated content that you find on the media hub. The embed codes for the user generated content are provided by a social network, including facebook, instagram and twitter. It is a condition of use that you respect each social network’s terms and conditions applicable to any third-party content that contains their embed codes.
Any use of content for purposes that is not authorised by this license is strictly prohibited unless prior written authorisation is obtained from us for the proposed use.
Grant of license (MediaValet Collector): By uploading content that contains intellectual property rights belonging to you onto Visit Sunshine Coast’s MediaValet Collector database, you hereby grant Visit Sunshine Coast, and any employee, officer, agent, representative, contractor or subcontractor of Visit Sunshine Coast, a perpetual, royalty free, non-exclusive, transferrable licence (with the right to sublicence) to use and adapt that content for promotional, business and other commercial purposes, including:
- promoting Visit Sunshine Coast and the Sunshine Coast region as a travel destination;
- promoting businesses and other attractions that are within Visit Sunshine Coast’s scope of business;
- marketing campaigns and promotions, including digital or social media campaigns, out of home advertising (OOH), print advertising or television commercials (TVC);
- using the content uploaded by you on Visit Sunshine Coast owned and operated digital channels including the Visit Sunshine Coast website and all sub-pages, various social media accounts and the Visit Sunshine Coast media hub; and
- sharing your content with third parties for business purposes (as determined by Visit Sunshine Coast at its absolute discretion), including news an dmedia outlets, bloggers, journalists, key opinion leaders (KOL’s), influencers, trade partners, media and advertising agencies.
You also warrant that by uploading your content onto Visit Sunshine Coast’s MediaValet Collector Database, you either own or are authorised to use the intellectual property rights subsisting in that content.
Restrictions on use of the media hub: In using the media hub, you must not:
- impersonate any person or entity or misrepresent your affiliation with a person or entity;
- forge headers or manipulate or adapt identifiers in order to disguise the origin of any material uploaded or downloaded on or from the media hub;
- impersonate another person or organisation;
- interfere with or disrupt the media hub or servers or networks connected to the media hub;
- disobey any requirements, procedures, policies or regulations of networks connected to the media hub;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the media hub; or
- modify, translate, make derivative works, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the media hub, except as authorised by these terms and conditions or as permitted by law.
You also agree not to access the media hub in a manner that utilizes the resources of the media hub more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by us or our platform providers) of other media hub users, we reserve the right to immediately disable your account . Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the media hub in accordance with out robots.txt file.
- Advertising: You acknowledge and agree that the media hub may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the media hub, you agree that such dealings are solely between you and such advertiser. You also acknowledge and agree that we and our licensors and platform providers do not have any responsibility or liability for any losses or damage that you may incur in connection with any such dealings.
- Disclaimer of representations, warranties and conditions: The media hub and all content are provided on an “as is where is” basis. We and our licensors and platform providers do not warrant that the media hub or content will meet your specific requirements, that the media hub will be uninterrupted, timely, secure or error-free, that any errors in the media hub or content will be corrected. In addition, we and our licensors and platform providers specifically disclaim all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties or conditions of merchantability, merchantable quality, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any content downloaded or otherwise obtained through the use of the media hub is at your own risk. You will be solely responsible for any damage to your computer system(s), loss of data, or any other loss that results from downloading or using any such content. We and our licensors and platform providers do not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any content made available through the media hub or in respect to any website that can be reached from a link on the media hub or featured in any banner or other advertising on the media hub, and we and our licensors and platform providers shall not be a party to any transaction that you may enter into with any such third party.
- Limitation of liability: To the fullest extent permitted by law, under no circumstances shall we or our licensors or platform providers be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from:
- your use of or your inability to use the media hub or the content;
- the cost of procurement of substitute content or services;
- errors, mistakes, or inaccuracies in the content; or
- any errors or omissions in any content on the media hub or any other loss or damage of any kind arising from or relating to your use of the media hub.
- the amounts you’ve paid us in the previous twelve months (if any); or
- five dollars ($5.00), whichever is less.
Indemnification: You shall indemnify and hold us and our licensors and platform providers and the affiliates, officers, agents, and employees of each of the foregoing, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with:
- any content made available to you through the media hub;
- your use of the media hub; or
- the infringement of any third-party intellectual property rights by you in connection with your use; or
- the breach of any law by you in connection with your use.
- Termination: We may, under certain circumstances and without prior notice, immediately terminate your ability to access the media hub and/or content.
- Availability and updates: We and/or our licensors and platform providers may alter, suspend, or discontinue the availability of the media hub and/or the content at any time and for any reason or no reason, without notice, but will endeavour to provide notice of the same. The media hub and/or content may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the media hub without notice. You may need to update third-party software from time to time in order to use the media hub and/or content.
- Governing law: This agreement is governed by and is to be construed in accordance with the laws applicable in Queensland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
- Survival: Clauses 2, 3, 4, 5, 6, 7, 8 and 10 survive this Agreement.