Licence of Photography or Film Footage
This is a legal agreement (“Agreement”) between you ("you") and Barangaroo Delivery Authority ABN 94 567 807 277 (“Authority”) for licensing of a digital asset that you have selected appearing on this site ("Asset"). By clicking the “I agree” button, you agree to be bound by the terms and conditions of this Agreement.
Grant of licence
1. (a) In consideration of you paying the fee (the Fee) as notified by the Authority in respect of each Asset as set out on this site, the Authority grants to you a non-transferable and non-exclusive licence of the Asset for the Period, and for the Purpose.
(b) For the purposes of the Agreement:
(c) The Authority warrants that it has the permission of the copyright owners of the Asset to enter into this agreement with you.
Limitation of licence
2. You must not use the Asset in any way that is defamatory, libellous, scandalous, misleading, pornographic, unlawful, or in any other way that bring Barangaroo or the Authority into disrepute. You may make such adaptations and modifications to the size, shape or format of the Asset as may be necessary to reproduce, print, copy or otherwise integrate the Asset in any publication or work so as to make use of the Asset, subject to the requirement that any cropping, or any overlaying of text, including branding, requires prior written approval of Authority (Director Marketing).
3. You must not:
(a) copy (electronically or otherwise) the Asset except for the purpose described in your application and authorisation notification.
(b) sell the Asset or include it in any other media/ stock product, library, or collection for distribution or resale.
(c) make the Asset available as a separate or downloadable reuseable file.
(d) display the Asset on a website any greater than 72 dots per inch.
(e) alter, modify or adapt an Asset without the prior consent of the Authority.
(f) disclose the Asset to any third party without the prior consent of the Authority and you shall take all reasonable efforts to prevent the disclosure of the Asset to an unauthorised third party and/or the use of the Asset by an unauthorised third party.
4. The rights and permissions granted to you under this Agreement are personal. The Asset may not be assigned, transferred, sublicensed or re-sold or otherwise made available for use or distribution separately or detached from a product or web page, unless with the Authority’s prior written consent.
5. One copy of the Asset may be made for backup purposes only, but may be used only if the original Asset becomes defective, destroyed or otherwise irretrievably lost. The Asset must not be downloaded to create, establish or form any part of an online interactive stock photo library.
6. If a fee is charged for use of this Asset, the fee will be deducted from your nominated bank account in accordance with the credit card details provided by you to the Authority upon accessing this site. Agreement to purchase a licence to use the Asset shall be deemed to commence at the time at which you download the Asset from this site.
Warranties and indemnity
7. The Authority 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 the foregoing warranty is the replacement of the digital copy of the Asset.
8. To the extent permitted by law, the Authority shall not be liable to you, your principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement or otherwise.
9. You warrant that you will not access, view, download or attempt to download an Asset, datafile, or other material from this site which is in any way prohibited by the laws of the jurisdiction in which you are currently situated and/or permanently reside and/or conduct business and/or intend to use the Asset.
10. You hereby agree to indemnify the Authority against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by the Authority as a result of:
(a) you or your Principal's or any authorised person's use of an Asset, data file, or other material contained on this site;
(b) you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or
(c) any other matter arising out of this Agreement.
11. Use of the Asset must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights.
12. The Authority and the Asset's creator retain all rights not expressly granted by this Agreement.
13. You warrant that you will not breach any of the author's moral rights in relation to the Asset as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset or otherwise. It is acknowledged that the photographer of the Asset may have certain moral rights in the Asset in certain jurisdictions. You may include a credit line with the name ‘Barangaroo Delivery Authority’ to appear adjacent to the Asset in respect of each use of the Asset.
14. The licence contained in this Agreement will terminate automatically without notice from the Authority if you, or your Principal if you are licensing on behalf of another person, fail to comply with any provision of this Agreement.
15. Upon termination you, or your Principal if you are licensing on behalf of another person, 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 the Authority, return all such copies to the Authority.
16. All of the following clauses will survive termination of this Agreement:
Clauses 2, 3, 7, 8, 9, 10, 19
17. 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 would like to return the Asset to the Authority, you must contact the Authority within three business days and the Authority will then issue a credit towards the licence of a future Asset after deducting an administration fee.
18. The Authority may, in its absolute discretion, at any time change the terms and conditions set out in this Agreement, and provide notice to you.
19. This Agreement is governed by the laws of the State of New South Wales and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.
20. In this Agreement, "you" refers to and includes you, your principal and any third party as the context permits. If you enter into this Agreement on behalf of another person ("principal"), the terms and conditions apply to your principal as well as to you as a representative of your principal. Should you cease to be authorised to act on behalf of your principal, your principal may continue to operate under this Agreement.
21. You warrant that you are authorised to enter into this Agreement and to purchase a licence to use any Asset pursuant to this Agreement. You hereby indemnify the Authority for any loss, claim, damage or action arising as a result of any lack of authority to enter into this Agreement or to purchase a licence to use any Asset pursuant to this Agreement.