Tourism Noosa Ltd understands and appreciates that visitors to and users of this website (you/your) are concerned about their privacy and the confidentiality and security of any information that may be provided to us. We endeavour to protect user privacy in compliance with the Australian Privacy Principles (APP).
Grant of license (Supply of Assets from Visit Noosa Visual Library(ies)): We grant you a free, personal, limited, terminable, non-transferable, non-sublicensable and non-exclusive license use of content subject to the following conditions:
Any use of content for purposes that is not authorised by this license is strictly prohibited unless prior written authorisation is obtained from us for the proposed use.
Grant of license (Supply of Assets to the Visit Noosa Visual Library): By uploading content that contains intellectual property rights belonging to you onto Visit Noosa’s Visual Library, you hereby grant Visit Noosa, and any employee, officer, agent, representative, contractor or subcontractor of Visit Noosa, a perpetual, royalty-free, non-exclusive, transferrable licence (with the right to sublicence) to use and adapt that content for promotional, business and other commercial purposes, including:
You also warrant that by uploading your content onto Visit Noosa’s MediaValet Collector Database, you either own or are authorised to use the intellectual property rights subsisting in that content.
Restrictions on use of Visit Noosa Visual Libraries: In using the visual libraries, you must not:
You also agree not to access the visual libraries in a manner that utilizes the resources of the visual libraries more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels or significantly exceeds the average bandwidth usage (as determined solely by us or our platform providers) of other visual library users, we reserve the right to immediately disable your account. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the visual libraries in accordance with our robots.txt file.
Indemnification: You shall indemnify and hold us and our licensors and platform providers and the affiliates, officers, agents, and employees of each of the foregoing, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with:
Termination: We may, under certain circumstances and without prior notice, immediately terminate your ability to access the visual libraries and/or content.
Availability and updates: We and/or our licensors and platform providers may alter, suspend, or discontinue the availability of the visual libraries and/or the content at any time and for any reason or no reason, without notice, but will endeavour to provide notice of the same. The visual libraries and/or content may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the visual libraries without notice. You may need to update third-party software from time to time in order to use the visual libraries and/or content.
Governing law: This agreement is governed by and is to be construed in accordance with the laws applicable in Queensland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland 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.
Survival: Clauses 2, 3, 4, 5, 6, 7, 8 and 10 survive this Agreement.