Terms and conditions for content providers to Tourism NT.
Participant agreement
Tourism NT (ABN 17 435 764 236) is a body established by the Government of the Northern Territory of Australia. Tourism NT wishes to use the materials the subject of your Instagram post (including any photograph(s), video(s) and accompanying text forming part of this post, including your username), (referred to as the ‘Content’) in the manner set out in these Terms and Conditions.
By replying to Tourism NT’s request to participate by using the hashtag #ApproveNT, you agree to the following Terms and Conditions. Tourism NT agrees to abide by and enforce these Terms and Conditions.
Tourism NT reserves the right to alter, suspend or discontinue its use of your content at any time at its discretion and without notice.
Allowable participants
In order to agree to these Terms and Conditions you must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your Content in the form(s) of original photography, video or text.
Non-confidentiality
You understand and agree that your Content may be publicly displayed and will not be treated in confidence. In fact, many people from around the world will be able to view your Content. By replying to Tourism NT’s request for consent, you provide Tourism NT with the right to use and share your Content on its official websites including but not limited to http://northernterritory.com/ as well as in all of its social media channels including, but not limited to, Facebook, Twitter and Instagram.
Tourism NT’s rights to User Generated Content
By replying to Tourism NT’s request to participate by using the hashtag #ApproveNT, you agree to grant Tourism NT and affiliate agents a perpetual, transferable, non- exclusive, worldwide licence to a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, communicate to the public, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed, without royalty, and b) use (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that Tourism NT or their affiliate agents deem appropriate.
You agree that you are solely responsible for your Content. Tourism NT is under no obligation to use your Content in any manner, and is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. Tourism NT is not responsible for any loss, theft, misuse or damage of any kind to your Content.
You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Tourism NT and its affiliate agents.
You irrevocably consent to all possible uses by Tourism NT (including adaptation, reproduction, editing, alteration, addition to and/or deletion from, rearrangement, transposition, translation) and exploitation of the Content, and you agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of such Content. Notwithstanding the foregoing, in consideration for your grant of the licence set out in these Terms and Conditions, Tourism NT agrees that it will not misattribute your Content to another author.
By replying to Tourism NT’s request to participate by using hashtags #ApproveNT, you represent and warrant that:
- You are at least 18 years of age, have the legal right to enter into this agreement and are not impersonating anyone else.
- You own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to Tourism NT as described herein.
- Your Content is wholly original and does not infringe on the copyright, trade mark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity.
- Your Content is not in any way offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or objectionable.
- Any information contained in your Content is not known to you to be false, inaccurate or misleading.
- Your Content does not violate any law.
- Your Content does not incorporate materials from a third party website, copyright protected materials owned by a party other than you, or personally information about anyone other than yourself.
- You acknowledge and agree that:
- You were not and will not be compensated or granted any consideration by any third party for your Content.
- You will not be compensated in any way by Tourism NT for the use of your Content.
You agree to irrevocably release and forever discharge Tourism NT and its affiliate agents, subsidiaries, employees and third party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Tourism NT and affiliate agents, subsidiaries, employees and third party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by Tourism NT.
Indemnification
You agree to indemnify, defend and hold harmless Tourism NT and its affiliate agents from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from your breach of these Terms and Conditions, or from any warranty provided by you proving to be false. Tourism NT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with Tourism NT’s defense of such claims.
Privacy
To the extent that the Content contains personal information about you, you consent to any and all collection, use and disclosure (including to parties located outside of the Northern Territory) of this personal information by Tourism NT and other licensees and sub-licensees of the Content in the course of their exercise of the licence granted by these terms.
Tourism NT agrees that your personal information will be handled in accordance with the terms of its Privacy Policy, as updated from time to time, as located at http://www.tourismnt.com.au/en/find-out-more/privacy.
General
These Terms and Conditions constitute the entire and exclusive agreement between you and the Tourism NT regarding the Content.
Governing law
These Terms and Conditions shall be governed by the laws of Northern Territory Government. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the above jurisdiction.
