User Generated content
Terms & Conditions
Terms and Conditions for Content Providers to Australia's South West
Australia’s South West (ASW) is the peak tourism body for the South West region of Western Australia. ASW wishes to use, and sub-license other parties to use, the materials the subject of your social media post (including any photograph(s), video(s) and accompanying text forming part of this post, including your username) relevant to the request (referred to as the ‘Content’) in the manner set out in these Terms and Conditions.
By replying to ASW’s request to participate by using the hashtag #AustraliasSouthWest, you irrevocably agree to the following Terms and Conditions, as amended from time to time. ASW agrees to abide by and enforce these Terms and Conditions.
ASW reserves the right to alter, suspend or discontinue its use of your content at any time at its discretion and without notice.
In order to agree to these Terms and Conditions you must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your Content in the form(s) of original photography, video or text.
You understand and agree that your Content may be publicly displayed and will not be treated in confidence. In fact, many people from around the world will be able to view your Content. By replying to ASW’s request for consent, you provide ASW and its sub-licensees with the right to use, publish and share your Content in any medium, including on its official websites including but not limited to www.australiassouthwest.com, as well as in all of its social media channels including, but not limited to, Facebook, Instagram and TikTok.
ASW's rights to user generated content
By replying to ASW’s Tourism NT’s request to participate by using the hashtag #AustraliasSouthWest, you agree to grant ASW and sub-licensees a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, worldwide licence to a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, communicate to the public, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed, for any purpose, without royalty, and b) use (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that ASW or its sub-licensees deem appropriate.
You agree that you are solely responsible for your Content. ASW is under no obligation to use your Content in any manner, and is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. ASW and its sub-licensees are not responsible for any loss, theft, misuse or damage of any kind to your Content.
You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of ASW and its sub-licensees.
You irrevocably consent to all possible uses by ASW and its sub-licensees (including adaptation, reproduction, editing, alteration, addition to and/or deletion from, rearrangement, transposition, translation) and exploitation of the Content, and you agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of such Content. Notwithstanding the foregoing, in consideration for your grant of the licence set out in these Terms and Conditions, ASW agrees that it will not misattribute your Content to another author, and to ensure that its sub-licensees do the same.
By replying to ASW’s request to participate by using hashtags #AustraliasSouthWest, you represent and warrant that:
- You are at least 18 years of age, have the legal right to enter into this agreement and are not impersonating anyone else.
- You own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to Tourism NT and its sub-licensees as described herein.
- Your Content is wholly original and does not infringe on the copyright, trade mark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity.
- Your Content is not in any way offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or objectionable.
- Any information contained in your Content is not known to you to be false, inaccurate or misleading.
- You have parental responsibility for anyone under the age of 18 depicted in your Content.
- Your Content does not, and use and publication of your Content by ASW and its sub-licensees in accordance with these Terms and Conditions will not, violate any law.
- Your Content does not incorporate materials from a third party website, or copyright protected materials owned by a party other than you.
You acknowledge and agree that:
- You were not and will not be compensated or granted any consideration by any third party for your Content.
- You will not be compensated in any way by ASW or its sub-licensees for the use of your Content.
You agree to irrevocably release and forever discharge ASW and its sub-licensees, subsidiaries, employees and third party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against ASW and its sub-licensees, subsidiaries, employees and third party providers or their respective successors without limitation resulting from the use of your Content or anything contained therein by ASW or its sub-licensees.
You agree to indemnify, defend and hold harmless ASW and its sub-licensees from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from your breach of these Terms and Conditions, or from any warranty provided by you proving to be false. ASW reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with ASW’s defense of such claims.
To the extent that the Content contains personal information about:
- you, you consent to; and
- any other individuals, you warrant that they each consent to,
any and all collection, use and disclosure (including to parties located outside of the ASW region) of this personal information by ASW and other licensees and sub-licensees of the Content in the course of their exercise of the licence granted by these terms.
You acknowledge and agree that ASW may update these Terms and Conditions at any stage by posting a revised version on its website, and any such amendments become effective immediately upon their publication. You agree that you will be bound by any such amendments, and will comply with the latest version of these Terms and Conditions at all times.
You acknowledge and agree that the licence granted above is irrevocable, and you do not have any ability to terminate these Terms and Conditions. To the full extent permitted by law, any other right you may have to terminate these Terms and Conditions is excluded.
These Terms and Conditions, as amended from time to time, constitute the entire and exclusive agreement between you and the ASW regarding the Content.
These Terms and Conditions shall be governed by the laws of Western Australia Government. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the above jurisdiction.