User Generated content
Terms & Conditions
Terms and Conditions for Content Providers to Australia's South West
Australia's South West
Australia’s South West (“ASW”) social media channels are a place for tourists, members, and residents to celebrate and champion travel to this beautiful corner of the world. ASW aims to share inspirational and informative content that showcases the best of this region, and welcomes/wanju all those who wish to visit, holiday, or live in the South West and share their experiences here.
Please be aware that comments on ASW’s social media posts do not represent the opinions of ASW, and that we take no responsibility for the confirmation of their accuracy.
Users are asked to remain respectful during their interactions with ASW’s social media channels. Posts containing the following content will not be tolerated and will be removed at ASW’s discretion. ASW reserves the right to determine and action should content be deemed:
- Offensive, derogatory, violent, abusive, threatening, harmful, harassing, obscene, vulgar, or racist, including comments and content inciting any such behaviour.
- Defamatory regarding people and/or organisations.
- Illegal or unlawful, including comments or content inciting any such behaviour.
- Solicitations, advertisements, spam, or bot-generated.
- Inaccurate, false, misleading, or unsafe.
- Infringing upon third-party rights, or any undisclosed copyright.
- Inappropriate, harmful, or misleading to ASW’s individuals or community.
User found in breach of this risk deletion, blocking, or in legal circumstances – referral to the relevant authorities.
While ASW – including its agents, officers, and contractors – has made every endeavour to ensure the details appearing on its channels are correct at the time of publishing, we accept no responsibility for any inaccuracy or misdescription whether by inclusion or omission.
Participant AGREEMENT
ASW may use and/or sub-license other parties to use, the materials and subject of your social media post, including photograph(s), video(s), user generated content, and accompanying text forming part of the post (collectively “Content”) in the manner set out in these Terms and Conditions.
By replying to ASW’s request to participate, either by tagging the @Australias_southwest or @TheSouthWestEdge accounts or using the hashtag #AustraliasSouthWest or #TheSouthWestEdge, you irrevocably agree to these Terms and Conditions, which may be amended from time to time. ASW agrees to abide by and enforce these Terms and Conditions, and reserves the right to alter, suspend or discontinue its use of your content at any time, at its discretion, and without notice.
To agree to these Terms and Conditions, participants must be 18 years of age or older, and have the legal right to enter into this agreement, as well as possess the rights to the Content.
ASW's rights to user generated content
ASW does not claim ownership or copyright of the Content shared with ASW on digital or social media platforms, whether this is done by tagging @Australias_Southwest or @TheSouthWestEdge on Instagram, Facebook, or TikTok, or by use of specific hashtags including, but not limited to, #AustraliasSouthWest, #SummerInTheSouthWest, #WinterDownSouth, #TheSouthWestEdge, or #EnRouteAlongTheEdge.
However, by posting Content with these tags and hashtags you grant ASW and sub-licensees a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, royalty-free, and worldwide licence to use, copy, transmit, reproduce, modify, adapt, create derivative works from, combine with other ideas or work, publish, translate, communicate to the public, and publicly display your Content in whole or in part, in any format or medium now known or later developed, for any purpose, without royalty, including but not limited to;
- Publication on social media or digital platforms owned and/or used by ASW
- Internal, non-commercial use
By participating through tagging @Australias_Southwest or #AustraliasSouthWest, you hereby agree that:
You are at least 18 years of age and have the legal right to enter into this agreement.
- You are not impersonating another individual.
- You own all rights to your Content, including all rights to the audio, video, and digital recordings, and performance, and/or have acquired all the necessary rights to enable you to grant the same rights to ASW and its sub-licensees.
- Your Content is original and does not infringe on copyright, trade mark, patent, trade secret, or any other intellectual property rights, privacy laws, or legal rights.
- Your Content is not offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, or violate any law.
- You have parental permission for anyone under the age of 18 depicted in your Content.
- You were not 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.
When your Content is used on ASW digital and/or social media platforms, ASW will endeavour to always credit, to the extent reasonably feasible, your name, username, handle, and/or business name. When your Content would be used in paid advertising, print publications, or other paid media, ASW will contact you for permission and any required formal licensing.
Should ASW be contacted by a third party regarding the usage of your Content, ASW reserves the right to provide sufficient details to the third party so they may directly contact you, the Content owner, while upholding the Privacy Policy.
INDEMNIFICATION
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 that may result of or arise from your breach of these Terms and Conditions. ASW reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you agree to cooperate with ASW’s defence of such claims.
NON-CONFIDENTIALITY
You understand and agree that your Content may be publicly displayed and will not be treated in confidence. By replying to ASW’s request, 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 on its social media channels, including but not limited to, Facebook, Instagram, and TikTok.
Privacy
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 of this personal information by ASW and sub-licensees of the Content in the course of their exercise of the licence granted by these terms.
ASW agrees that this personal information will be handled in accordance with the terms of its Privacy Policy, as updated from time to time.
Amendments
You acknowledge and agree that ASW may update these Terms and Conditions at any stage by posting a revised version on its website, and that this will become effective immediately upon its 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.
REMOVING PERMISSION
Should you wish to remove the licence granted ASW for the use of your content, you may do so at any time by contacting us in writing at [email protected].
Governing law
These Terms and Conditions shall be governed by the laws of the Western Australian Government. Should any legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the above jurisdiction.