Terms and Conditions
GENERAL
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'). The Site is owned and operated by Nationwide News Limited ABN 98 008 438 828 ('News').
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. The terms of the Privacy Policy will apply to the use of your personal information by News.
News may alter these conditions of use from time to time. Any such changes will be notified on this page and your continued use of the Site following those changes indicates your acceptance of those changes.
REGISTRATION
All information you provide to News must be accurate, complete and up-to-date. It is your responsibility to inform News of any changes to this information.
The Newspix Site is a commercial media syndication service providing access to content from News' archive. In order to access content on the Newspix Site, you must register on the Site.
Once you have registered on the Site, you will receive a user name and password. It is your responsibility to ensure that they are kept confidential at all times. In addition, you are entirely responsible for all activities that occur under your user name and password, including unauthorised use of your credit card.
PURCHASE AND USE OF IMAGES
Searching of Images on the Site is free. However, fees are charged to obtain copies of photographs and other content. These fees and the uses which may be made of the content you purchase are set out below. News may alter the fees charged for content, or add new fees, at any time. Any such change will be notified on the Site.
For price structure and quotes for use of Newspix content contact Newspix at newspix@newsltd.com.au
You agree that downloading material from the Newspix Site obliges you to pay the relevant licence fee for that Image or other content. Unless otherwise agreed in writing, an Image and/or other content may only be used once in a publication registered to your name and no content may be resold or distributed to a third party. If the content is intended for any other digital or commercial use other than editorial publication in a newspaper or magazine (including advertising and book publishing), you must seek prior written permission from Newspix.
You must seek the written permission of News in order to make any changes to an Image or other content, use content in online publishing, store content, or include an Image or other content in a digital or other archive.
Photo credit is mandatory and should read Newspix/name of the photographer. The photographer’s name can be found in the caption details. If no photographer is named in the caption, the photo credit should read Newspix/News Limited.
Images and other Newspix content cannot be stored or archived in any way. When the project that fees and permissions have been negotiated for has been completed, the digital image must be deleted from all computers.
COPYRIGHT
All Images and content displayed on the Site is protected by copyright. You are only given limited rights to use the Images and content you purchase, as set out above, and you agree that you will only use the content for these permitted purposes (except where such use constitutes fair dealing under the Copyright Act). Except for the limited rights to use Images and other content as set out in these conditions of use, you obtain no other rights in the content you purchase.
TRADEMARKS
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.
DISCLAIMER AND LIABILITY
News does not exclude any rights and remedies in respect of goods or services under the Trade Practices Act 1974 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, News excludes all rights, remedies, 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 remainder of this section applies. All Images and other content on the Site is provided on an 'as is' basis. To the extent permitted by law, News makes no representations or warranties in relation to the Sites, or the Images and other content on the Sites. In particular, News makes no representations or warranties that:
(a) the Images and other content will be complete, accurate or timely;
(b) 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;
(c) the Images and other content are suitable for any particular purpose;
(d) the Images and other 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
e) the Site and the Images and other content will be free from viruses and will not cause any equipment or software failure.
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.
PROHIBITED CONDUCT
You represent and warrant that your use of the Site, and of the Images and other content purchased from 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 Sites.
In addition, you agree to not use the Images and other content to defame, abuse, harass, stalk, threaten or otherwise offend others or to use the Images 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.
You agree to indemnify and hold harmless News and its related bodies corporate from any claims, losses, damages or expenses that it may sustain or incur as a result of your breach of these conditions of use or any law.
TERMINATION
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.
Once you have registered on the Site, you may terminate your registration and account for the Site at any time by contacting News at:
email: newspix@newsltd.com.au
Telephone (within Australia): 02 9288 2829 (from outside Australia: 612 9288 2829 )
Fax (within Australia): 02 9288 3205 (from outside Australia: 612 9288 3205 )
Newspix is a division of Nationwide News Pty Limited.
ABN Number 98008438828
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