These terms and conditions form the basis upon which you the User may use any images ("Images") including downloading, reproducing, publishing communicating online or broadcasting images from the University of Sydney ("University") eBot database ("eBot").
References within this agreement to:
"Images" include without limitation photographs, drawings, paintings, engravings, diagrams, maps or plans and all digital images and any related textual information (including captions and credits).
"User", "you" or "your" mean you as the User of the Images. The University may change the terms of this Licence at any time without notice.
If you do not accept these terms and conditions, then do not use the Images.
USE OF IMAGES
This is agreement is not an assignment or sale of any Image or any copyright in any Image accessed through eBot by a User.
The University grants you a revocable, non-exclusive and non-assignable and non-transferable licence to use the Images for the non-commercial purposes on the terms contained in this Licence.
The University, or where applicable the copyright owner in the Images, will continue to own or have rights to use any Images.
If you wish to use the Image for any purpose other than the uses permitted in this License, you must seek specific permission from the University. If such permission is granted then you must only use the Image for that specified purpose.
You may only use the Images as permitted above.
The Images must not be re-distributed, sub-licensed, sold, lent or otherwise distributed to another third party.
Without limitation, Images may not be used:
- as a trademark or service mark;
- for any pornographic use;
- unlawful purpose or use;
- to defame any person;
- to violate any person's right of privacy or publicity; or
- to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.
You agree not to use the Images in any manner that would contravene the laws of the country in which the Image is used.
Unauthorised use of these Images constitutes copyright infringement and shall entitle the University to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of the University rights or remedies available at law in connection with any unauthorised use.
You must not manipulate or distort the Image without the written permission of the University of Sydney.
Any license granted by the University shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Image with sensitive topics without the University of Sydney's separate written agreement.
Sensitive topics include, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule.
Users must contact the University and notify the University prior to any use of an Image in conjunction with any sensitive topic.
The University strives to keep information stored on this server up to date, but cannot guarantee the information provided is accurate or of good quality.
The University reserves the right to change at any time without notice any information stored on its servers.
The University provides You with access to its Images on an "as is" basis.
To the extent permitted by law, the University makes no warranty, express or implied regarding any Images, its site, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement of third party rights, or that the site or any services will be uninterrupted or error-free, or that the Images will meet any or all of you requirements.
The University does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in an Image.
You are responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of an Image.
You acknowledge that any Image licensed by University of a person, including a person well known to the general public or engaged in competitive sport, may not be used in a manner which can be reasonably construed as that person's endorsement of a product or service, nor may any Image be used in a manner which can be reasonably construed as derogatory or defamatory of that person.
Infringement of Copyright
You must notify the University of any activity of which you become aware which infringes, or may infringe, the copyright in any Image.
If there is infringement of copyright in any Image, You agree to provide assistance to the University as reasonably required.
To the maximum extent permitted by law, the University will not be liable to You in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Licence, including (without limitation) the University's negligence, wilful act or default or any computer virus contained in an Image. This limitation of liability applies even if the University has been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of the University and You at the date of this Licence as a probable result of any act or omission.
You agree to indemnify and keep indemnified the University from and against any and all loss, damage or liability whether criminal or civil suffered by the University and resulting from any act, omission, negligence or default of You or Your agents, principals, customers, clients or contractors, or arising out of the use of an Image by You in any manner or for any use or purpose whatsoever.
In the event of a breach by You of this Licence by You, the University may terminate it, upon notice to You.
Upon termination or expiration of this Licence for any reason:
- all rights granted to You will automatically revert to University of Sydney; and
- You must immediately cease any use of the Images and must delete the Images and all copies of them from all electronic and or removable media and destroy all other copies of the Images, or upon request by the University, return all those copies to the University.
You may not assign, licence or transfer any rights granted to You or any of Your obligations under this Licence without the express written permission of the University.
If any provision of this Licence is held unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of this Licence will remain in full force and effect.
No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
This Licence contains the entire agreement between the parties relating to Your use of the Image and supersedes any previous agreement concerning use of the Image between the parties, including any oral agreement.
This Licence will be interpreted, construed and governed by or in accordance with the law of the state of New South Wales, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning this Licence.