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Outdoors NSW & ACT (ONSWACT) Image Library - Terms and Conditions
ONSWACT’s Image Library is available to media, outdoor industry, government agencies, and event organisers and anyone seeking professional images for use in the positive promotion of the Outdoor Industry. The Library contains photographic collections of outdoor activities with suitable examples of personal protection equipment, safety procedures and compliant with the Australian Adventure Activity Standards.
These Terms and Conditions govern your use and the downloading of any of this photographic collection and digital assets (“Asset”) on the ONSWACT website. You agree to being bound to these Terms and Conditions and the Privacy statement by clicking on the “I have read understood and agree to the Terms and Conditions” button on the registration page. If you do not agree, do not check this box.
These Terms and Conditions apply each time you use our website.
“You” and “your” means the user of the ONSWACT website. If you are using the website on behalf of any entity, you represent and warrant that you are authorised to accept these Terms and Conditions on that entity's behalf.
Our online services and content, including all images and Assets, are protected by copyright and trademark laws. All rights are reserved except to the extent provided in the following Grant of Licence. Your use of the material and content we provide does not grant you any ownership rights. Further, you are not licensed to use any of the trademarks displayed on our website without our express written consent. ONSWACT warrants that it owns, or has the necessary rights to grant you this Licence.
Grant of Licence
Subject to your acceptance of these Terms and Conditions and the payment of the fees and only using Assets for the positive promotion of the Outdoor Industry, ONSWACT:
1. Grants you a non-exclusive, non-transferable licence to download and use the Asset for personal, non-commercial purposes, and/or only for the purpose described in your application and authorisation notification. This grant of licence permits you to make a backup copy of the Asset.
2. Does not authorise you (unless you have the prior written permission of ONSWACT) and any other owner of rights in content that you access via this website, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, on-sell, commercialise or create a derivative work from the Asset.
3. Requires that, you acknowledge the moral rights of the respective creator of that Asset by inserting © ONSWACT whenever it is reasonable to do so
You agree to use the website for lawful purposes only, and not post or transmit through the website any information or material which is illegal or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
Information from and Advertising and Links to Third Party Websites
This website may contain information from, or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of ONSWACT and ONSWACT is not responsible for the contents of any such information or website. ONSWACT provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by ONSWACT. You rely on such information or websites entirely at your own risk.
1. The fees payable in respect of each Asset is set out on this site. All fees are subject to change without notice.
2. Fees owing to ONSWACT will be deducted from your nominated account in accordance with the credit card details provided by you. You may terminate your account at any time by contacting us.
Credit card information
Your credit card details are only stored and transmitted in encrypted form. Online credit card payments are processed using a third party payment gateway service. Credit card information is never stored in a cookie. When you purchase an Asset, fees owing to ONSWACT will be deducted from your nominated account in accordance with the credit card details provided by you upon accessing this website.
Warranty and disclaimer
1. ONSWACT warrants the digital copy of the Asset in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of this warranty is the replacement of the digital copy of the Asset.
2. To the fullest extent permitted by law, ONSWACT make no other 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 Asset 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.
3. To the extent permitted by law, ONSWACT is not liable to you for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of your use of this website.
You agree to indemnify ONSWACT against any claims for any loss or damage arising from your use of the website including your use of an Asset, data file, or other material contained on this site.
If you mistakenly purchase a licence to the incorrect Asset or are unsatisfied with the Asset for any reason (other than the presence of a defect in material or workmanship as described above) and want to return the Asset to ONSWACT, you must contact ONSWACT within three business days. ONSWACT will then issue a credit towards the licence of a future Asset after deducting an administration fee.
1. We strive to protect information you provide on our website. We will use all reasonable endeavours to ensure that your information is not compromised. However, we cannot guarantee that no harmful code will enter ONSWACT website.
2. We recommend that you use an appropriate and up-to-date firewall and anti-virus software to protect your computer systems.
3. Where connection to a system or website outside our control compromises the objectives of ONSWACT, we may sever links to that website or system.
1. We may immediately suspend, terminate or limit your access to ONSWACT if you are in breach of any of these Terms and Conditions. Upon termination you must immediately:
(a) stop using the Asset, and
(b) delete the Asset and all copies of it from all magnetic media and destroy all other copies or, upon the request of ONSWACT, return all such copies to ONSWACT.
2. ONSWACT reserves the right to discontinue the use of any Asset for any reason and to elect to replace the Asset with an alternate Asset. Upon notice from ONSWACT of any discontinuance of a licence for a particular Asset, the licence to use the discontinued Asset contained in this Agreement will terminate and you, and/or your Principal agree not to use the Asset in the future in any manner or form whatsoever.
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