Terms and Conditions for User Generated Content
The Department of Planning and Environment (DPE) occasionally reaches out to people in the community for permission to use their images, photographs, videos and other media, as well as associated material such their name, social media username, and other publicly available biographical material (Content) in posts to our blog, Instagram, Twitter or videos uploaded to YouTube, and for advertising, marketing and other purposes, in our work encouraging people to visit, love and care for our National Parks.
We give credit to the photographer or videographer who takes these photos or videos where practical. We thank you for help in promoting and protecting the conservation and heritage of our national parks and reserves.
This Agreement constitutes a legally binding agreement between you and DPE (Parties). By approving the use of this Content you will be deemed to have read and accepted these terms and conditions and agree to be bound by this agreement.
You warrant the following:
- The Content that is submitted is your original work and does not infringe any rights of any third party, including but not limited to, copyright, moral rights, trademarks, trade secrets, privacy, publicity, personal or proprietary rights. You own all copyright and moral rights in the Content and have full power, title and authority to grant the licence referred to at paragraph 8 below and this licence does not infringe the rights of any third party.
- The Content that is submitted, if captured by a drone, complies with the Department of Planning and Environment (DPE) drones in parks policy.
- You have complied with all laws and regulations associated with acquiring or producing the Content.
- Photos and videos included in the Content are safe and legal.
- Photos and videos included in the Content have been taken using safe and legal behaviour including in the case of whales in line with the approach zone laws.
- Any person or persons whose image or likeness has been used in the Content has given valid consent for the use of their image or has waived any rights they may have in the Content. They have also given valid consent for use of their personal information as set out at 16 below.
The Parties agree:
- Copyright of the Content will remain owned by you. By using the content, DPE and any sub-licensee does not claim ownership of the copyright for this work.
- You hereby grant to DPE a non-exclusive, royalty-free, worldwide, revocable (to the extent permitted under 12 below), non-transferable, perpetual licence (including a right of sub-licence) to use, reproduce, modify, adapt, delete from, add to, broadcast, communicate and/or publicly display, the Content for advertising, marketing, publicity, general promotion and exhibition purposes. The Content may be used worldwide in any platforms across print and digital including web, applications, email and social media channels, pages or accounts.
- You authorise DPE to disclose the Content to third parties to the extent necessary to give effect to the use outlined at 8 above.
- DPE will not pay for use of the Content.
- DPE can, but do not have to, attribute you as the author each time the Content is used.
- You can revoke this licence at any time by contacting us in writing at email@example.com and informing us that you no longer want us to use the Content, however such revocation applies to future use of Content only. If you revoke the licence, DPE will not re-post or implement any additional uses of the Content from the time of receiving notice of revocation. DPE is under no obligation to delete or destroy content it has already published.
- DPE will not become liable for any copyright infringement or other unlawful conduct arising from the Content or use of the Content.
- You indemnify DPE for all losses, costs and expenses incurred or suffered by DPE arising from any claim, suit, demand, action or proceeding by any person against it where such loss or liability was caused by breach of the warranties set out above.
- In the event that the Content contains personal information as defined under the Privacy and Personal Information Protection Act 1998 (NSW), it will be held and used by the
- Department of Planning and Environment, in accordance with DPE’s Privacy Management Plan and Guidelines as amended from time to time. This policy is available at the Department of Planning and Environment (DPE)website (pdf).
- You are providing your agreement for DPE to use your personal information for the purposes outlined at 8 above, and to disclose your personal information to third parties to the extent required to give effect to use outlined at 8 above.
- You may request access to your information at any time. To access or update your information held by the Department of Planning and Environment, or for more details on our privacy obligations, please contact PIA team, firstname.lastname@example.org or refer to the Policy available at nationalparks.nsw.gov.au/privacy.