a. These conditions of use govern your purchase and use of editorial photographs, images, graphics, illustrations, text or other material (‘Content’) from the website www.newspix.com.au ('Site').
b. The Site is owned and operated by Nationwide News Pty Limited ABN 98 008 438 828 ('News').
c. In addition to these conditions of use, you agree when using the Site to be bound by any additional terms, conditions, notices, and disclaimers which appear on the Site.
a. The Newspix Site is a commercial media syndication service providing access to Content from News' archive.
c. Once you have registered on the Site, you will receive a password. It is your responsibility to ensure the password is kept confidential at all times. In addition, you are entirely responsible for all activities that occur under your user name and password, including any unauthorised use of your credit card.
d. All information you provide to News when you register must be accurate, complete and up-to-date. It is your responsibility to inform News of any changes to this information.
3. PURCHASE AND USE OF IMAGES
a. Searching and viewing Content on the Site is free. However, users may not publish, transmit, resell, license, copy, store, archive, email or otherwise distribute any Content to a third party for any purpose (including editorial or commercial purposes) except as permitted by a licence granted in accordance with this clause 3.
b. Fees and any other conditions which will be imposed for any particular licence sought will be provided to users on request which can be made through the Site by registered users. License fees are based on usage and calculated using the details you provide.
c. A licence is offered by News to the registered user for the specific Content, in return for payment of the licence fee advised by News for the specific purposes sought and on condition that the user ensures that it complies in all respects with these terms and conditions and with the information provided by the user to News in order to be advised of a licence fee (including number of uses, purpose of use, circumstances of use). When the registered user downloads the Content, they accept the offer and the licence is granted.
d. You agree that downloading Content from the Site obliges you:
i.to pay the previously advised licence fees for the Content;
ii. to use the Content only in accordance with the described uses which you provided to News prior to being advised the licence fee; and
iii. to comply with any other conditions notified to you prior to you downloading the Content.
e. Unless otherwise agreed in writing, Content may only be used once and only in a single publication registered to your name. A digital reproduction of a hard copy publication (in the same layout as the original publication) will count as one use.
f. You may not make any changes to the Content unless you have the written permission of News.
g. You must seek the written permission of News in order to make any changes to any Content, store Content, or include Content in a digital or other archive.
h. Photo credit is mandatory and should read name of the photographer/ Newspix. If no photographer is named in the caption, the photo credit should read Newspix/News Limited.
i. Content cannot be stored or archived in any way and must be deleted from all computers, storage devices and systems once used, except for copies of the published or commercially applied form.
All Content displayed on the Site is protected by copyright. You are only given limited rights to use the Content you purchase, as set out above, and you agree that you will only use the Content for these permitted purposes or as permitted under the Copyright Act (Cth) 1968.
The logos and names used on the Site, including the names and logos of the News publications which appear on the Site and those logos of third parties, are protected by trade mark law. Nothing displayed on the Site should be construed as granting any licence or right to use any logo, masthead or trade mark displayed on the Site without the prior written permission of News or the owner of the relevant trade mark.
6. DISCLAIMER AND LIABILITY
News does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, News excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following provisions apply.
a. All Content on the Site is provided on an 'as is' basis and on an ‘as available’ basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at News’ sole discretion and without notice.
b. News makes no representations or warranties in relation to the Site, or the Content on the Site. In particular, News makes no representations or warranties that:
i. the Content will be complete, accurate or timely;
ii. the Site, or any of the Content on the Site, will be available at all times or that access to the Site will be free of delays or interruptions;
iii. the Content is suitable for any particular purpose;
iv. the Content can be used in a commercial context without the permission of the subject of the relevant Image and other content and you must make your own inquiries in this regard; and
v. the Site and the Content will be free from viruses and will not cause any equipment or software failure.
c. News will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph 6(f).
d. News does not warrant that functions contained in the Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that News or the server that makes it available, are free of viruses or bugs.
e. News will not be liable to you or anyone else for use of the Site, including reliance on information on the Site, omissions, interruptions, delays in operation or transmissions, viruses, communications failure, internet access difficulties or malfunctions in equipment or software.
f. Liability of News, for any breach of a term or condition implied by law is limited at News’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
g. You indemnify News and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site or the Content or your breach of these conditions of use or any law.
7. PROHIBITED CONDUCT
a. You represent and warrant that your use of the Site, and of the Content licensed from News through the Site, will not be for any purpose that is unlawful or prohibited by these conditions of use or any other conditions, notices or disclaimers appearing on the Site.
b. In addition, you agree to not use the Content to defame, abuse, harass, stalk, threaten or otherwise offend others or to use the Content in connection with any material that is obscene or pornographic, denigrates a particular group of people or that is otherwise unlawful or likely to be offensive to the general public.
8. APPLICABLE LAW
These conditions of use and all other conditions, notices and disclaimers which appear on the Site are governed by and construed in accordance with the laws of New South Wales.
a. If you do not agree with these conditions of use or any modifications to them, your only recourse is to immediately discontinue your use of the Site.
b. Once you have registered on the Site, you may terminate your registration and account for the Site at any time by contacting Newspix