ICC Sydney Media Library – Licence Agreement

This is a legal agreement (Agreement) between you and ICC Sydney of 14 Darling Drive Sydney NSW 2000.

By using the ICC Sydney Media Library website, registering for an account to use the ICC Sydney Media Library or downloading or using any still images (including photos and maps) or videos from the ICC Sydney Media Library (Media) you agree to be bound by the terms and conditions of this Agreement.

If you are using the ICC Sydney Media Library on behalf of another entity, you warrant that you are authorised to accept these terms and conditions on that entity’s behalf.

1          Registration required

In order to download or use any of the Media, you must register for an account with the ICC Sydney Media Library. In registering, you agree to:

1. provide accurate and complete registration information; and
2. take all reasonable steps to keep your login details and password secure.

You acknowledge and agree that you are responsible for any activities (including any download or use of the Media) that occur with your account.

In addition to any other lawful means, you agree that a notice or communication under this Agreement may be given by ICC Sydney by sending that notice or communication to the e-mail address (or other contact details) listed in your registration information.

2          Grant of licence

ICC Sydney grants to you a non-transferable, non-exclusive right to download and use the Media in accordance with the terms and conditions of this Agreement and solely for one or more of the following purposes (each a Permitted Purpose):

3. to promote an event held at ICC Sydney;
4. to promote ICC Sydney; or
5. to promote events and tourism in the city of Sydney.

You must also comply with any specific usage requirements that are listed in the ICC Sydney Media Library in relation to an item of Media.

You may only download, store and reproduce an item of Media to the extent that is necessary for a specific use of that Media item for a Permitted Purpose.  Once this use is completed, you must delete any copies of that Media item in your possession or control.  If you need to use that Media item for a Permitted Purpose again at a later date you must re-download the Media item at that time.

You must not use (or permit another person to use) the Media for a purpose other than a Permitted Purpose unless such use has been approved by ICC Sydney in writing, such approval to be given or withheld at ICC Sydney’s discretion and subject to any conditions required by ICC Sydney.

A licence granted to you in relation to an item of Media under this clause will not affect any other valid licence or agreement you have with ICC Sydney or a third party in relation to that item of Media.

ICC Sydney reserves the right to withdraw its licence for any item of Media by sending written notice to you using the contact information provided in your registration details.  Once ICC Sydney has sent you a withdrawal notice in relation to an item of Media you must immediately cease any further use of that item of Media under this Agreement.

The licence granted under this Agreement does not constitute a licence to use any logos or trademarks appearing in an item of Media (including, but not limited to, ICC Sydney’s logos and trademarks).  You are responsible for ensuring that your use of any logo or trademark in any Media is permitted by the owner of that logo or trademark.

3          Use must meet professional standards

The Media must be used in a professional manner and in accordance with reasonable professional standards of presentation.  The Media are not available for personal use. 

4          Restrictions on use of Media

You must not do, or permit another to do, any of the following things:

6. use any Media in a manner that damages, or could potentially damage, the reputation of ICC Sydney, an event at ICC Sydney or tourism in the city of Sydney (as determined by ICC Sydney in its sole discretion);
7. use any Media to advertise a business, product or service (except to the extent permitted under clause 2 of this agreement);
8. use any Media in a manner that is false, defamatory, libellous, scandalous, misleading or otherwise unlawful, or which would contravene any party’s rights (including intellectual property rights and moral rights);
9. incorrectly attribute or caption any Media;
10. modify or alter any Media except as permitted under clause 5;
11. create derivative works using any Media except as permitted under clause 6;
12. include any Media in a television broadcast or other form of broadcast;
13. sublicence, sell, assign, convey or transfer this Agreement or any of your rights under this Agreement; or
14. distribute any Media to any third party or use any Media to create any stock image or video library or to create items for sale (for example books, calendars, television programs or films).

5          Attribution requirements

Whenever you use any Media you must:

15. comply with any crediting requirements that are listed in the ICC Sydney Media Library in relation to the Media; and
16. where practicable (or where directed to do so by ICC Sydney in writing) credit ICC Sydney by placing the following credit line in or adjacent to the Media:

“Courtesy of ICC Sydney.”

You must not remove any copyright notices, credit lines or other statements from any Media or a digital file containing any Media.

6          Permitted modifications

You may modify the Media for use in accordance with the terms and conditions of this Agreement in the following ways only:

17. cropping a still image to the extent necessary;
18. taking “clips” from a video for use on their own or as part of a new video;
19. addition subtitles to a video; and
20. reproducing a colour still image or video in black and white.

Except as provided in clause 6(d), you may not alter or adjust the colours of any Media.

You may make other types of modification to the Media if such modifications have been approved by ICC Sydney in writing.

7          Intellectual Property

You acknowledge and agree that, as between the parties, ICC Sydney is the owner of any intellectual property rights in the Media.

Nothing in this Agreement transfers ownership in any intellectual property rights of a party.

8          Linking and framing

The ICC Sydney Media Library may contain links to other web sites and may on occasion display content or information from other web sites within frames. ICC Sydney are not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.

You may link to the ICC Sydney Media Library provided you do so in a way that accurately indicates that the link is to ICC Sydney’s website and is not misleading.

You may not frame any Media or other content from the ICC Sydney Media Library without prior written consent from ICC Sydney.

9          Disclaimer

The ICC Sydney Media Library and the Media are provided on a strictly “as is” basis.  To the extent permitted by law, ICC Sydney does not provide any warranty in relation to your use of the ICC Sydney Media Library or as to the currency, completeness or accuracy of the information contained on the ICC Sydney Media Library.

Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010.

If any law applies a guarantee or implies a condition or warranty into this Agreement which cannot lawfully be excluded then, to the maximum extent permitted by law, ICC Sydney’s liability for any breach of such guarantee or implied term will be limited in the case of goods, to a refund for the price of the goods, re-supply of the goods or repair of the goods, and in the case of services, to the supply of the relevant service again or the payment of the cost of having that service re-supplied.

10        Indemnity and exclusion of liability

In this clause 10, ICC Sydney’s “Personnel” include ICC Sydney’s directors, employees, agents and contractors and includes directors, officers, employees and agents of ICC Sydney’s contractors.

You must at all times indemnify, hold harmless and defend ICC Sydney and its Personnel (“those indemnified”) from and against any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) incurred or suffered by any of those indemnified arising from any breach of this Agreement by you.

To the maximum extent permitted by law, ICC Sydney and its Personnel will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with, the use of the ICC Sydney Media Library or any Media, or the use or reliance on information contained on or linked to from the ICC Sydney Media Library.

11        Termination

Upon a breach of this Agreement by you, ICC Sydney may terminate this Agreement immediately by giving you notice in writing.

Upon termination of this Agreement, any rights granted under this Agreement (including any licence to use the Media) will also terminate and you must:

21. immediately cease using any Media; and
22. delete any copies of any Media in your possession or control if directed to do so by MCET.

Any provisions of this Agreement that by their nature survive the termination of this Agreement will survive and continue in effect.

12        Amendments

We may change the terms and conditions of this Agreement at our discretion.  Any changes will be effective immediately upon posting on the ICC Sydney Media Library.

By continuing to use the ICC Sydney Media Library and the Media you accept the terms and conditions of this Agreement as they apply from time to time.

13        General

This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

No waiver of a right or remedy under this Agreement is effective unless it is in writing and signed by the party granting it.

This document is governed by and is to be construed in accordance with the laws applicable in New South Wales, Australia.

Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia 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.