This is a legal agreement (Agreement) between you and Melbourne Convention and Exhibition Trust (Org No. 158592379) of 1 Convention Centre Place, South Wharf, Victoria 3006 (MCET).
By using the Melbourne Convention and Exhibition Centre Media Management Library website (the MCEC Media Management Library), registering as a MCEC Media Management Library member or downloading or using any still images (including photos and maps) or videos from the MCEC Media Management Library (Media) you agree to be bound by these terms and conditions of this Agreement.
If you are using the MCEC Media Management Library on behalf of another entity, you warrant that you are authorised to accept these terms and conditions on that entity’s behalf.
1 Registration required
In order to download or use any of the Media, you must register as a MCEC Media Management Library member. In registering as a MCEC Media Management Library member you agree to:
take all reasonable steps to keep your login details and password secure.
You acknowledge and agree that you are responsible for any activities (including any downloading or use of the Media) that occur through your account.
In addition to any other lawful means, you agree that a notice or communication under this Agreement may be given by MCET by sending that notice or communication to the e-mail address (or other contact details) listed in your registration information.
2 Grant of licence
MCET grants to you a non-transferable, non-exclusive, non-sublicensable right to download and use the Media in accordance with the terms and conditions of this Agreement and solely for one or more of the following purposes (each a Permitted Purpose):
to promote an event held at the Melbourne Convention and Exhibition Centre (MCEC);
to promote MCEC; or
to promote events and tourism in the city of Melbourne.
You must also comply with any specific usage requirements that are listed in the MCEC Media Management Library in relation to an item of Media.
You may only download, store and reproduce an item of Media to the extent that is necessary for a specific use of that Media item for a Permitted Purpose. Once this use is completed, you must delete any copies of that Media item in your possession or control. If you need to use that Media item for a Permitted Purpose again at a later date you must re-download the Media item at that time.
You must not use (or permit another person to use) the Media for a purpose other than a Permitted Purpose unless such use has been approved by MCET in writing, such approval to be given or withheld at MCET’s discretion and subject to any conditions required by MCET.
A licence granted to you in relation to an item of Media under this clause 2 will not affect any other valid licence or agreement you have with MCET or a third party in relation to that item of Media.
MCET reserves the right to withdraw its licence for any item of Media by sending written notice to you using the contact information provided in your registration details. Once MCET has sent you a withdrawal notice in relation to an item of Media you must immediately cease any further use of that item of Media under this Agreement.
The licence granted under this Agreement does not constitute a licence to use any logos or trademarks appearing in an item of Media (including, but not limited to, MCEC’s logos and trademarks). You are responsible for ensuring that your use of any logo or trademark in any Media is permitted by the owner of that logo or trademark.
3 Use must meet professional standards
The Media must be used in a professional manner and in accordance with reasonable professional standards of presentation. The Media are not available for personal use.
4 Restrictions on use of Media
You must not do, or permit another to do, any of the following things:
use any Media in a manner that damages, or could potentially damage, the reputation of MCEC, an event at MCEC or tourism in the city of Melbourne (as determined by MCET in its sole discretion);
use any Media to advertise a business, product or service (except to the extent permitted under clause 2);
use any Media in a manner that is false, defamatory, libellous, scandalous, misleading or otherwise unlawful, or which would contravene any party’s rights (including intellectual property rights and moral rights);
incorrectly attribute or caption any Media;
modify or alter any Media except as permitted under clause 5;
create derivative works using any Media except as permitted under clause 6;
include any Media in a television broadcast or other form of broadcast;
sublicence, sell, assign, convey or transfer this Agreement or any of your rights under this Agreement; or
distribute any Media to any third party or use any Media to create any stock image or video library or to create items for sale (for example books, calendars, television programs or films).
5 Attribution requirements
Whenever you use any Media you must:
comply with any crediting requirements that are listed in the MCEC Media Management Library in relation to the Media; and
where practicable (or where directed to do so by MCET in writing) credit MCET by placing the following credit line in or adjacent to the Media:
“Courtesy of the Melbourne Convention and Exhibition Centre.”
You must not remove any copyright notices, credit lines or other statements from any Media or a digital file containing any Media.
6 Permitted modifications
You may modify the Media for use in accordance with the terms and conditions of this Agreement in the following ways only:
cropping a still image to the extent necessary;
taking “clips” from a video for use on their own or as part of a new video;
addition subtitles to a video; and
reproducing a colour still image or video in black and white.
Except as provided in clause 6(d), you may not alter or adjust the colours of any Media.
You may make other types of modification to the Media if such modifications have been approved by MCET in writing.
7 Intellectual Property
You acknowledge and agree that, as between the parties, MCET is the owner of any intellectual property rights in the Media.
Nothing in this Agreement transfers ownership in any intellectual property rights of a party.
8 Linking and framing
The MCEC Media Management Library may contain links to other web sites and may on occasion display content or information from other web sites within frames. MCET are not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.
You may link to the MCEC Media Management Library provided you do so in a way that accurately indicates that the link is to a MCET website and is not misleading.
You may not frame any Media or other content from the MCEC Media Management Library without prior written consent from MCET.
9 Disclaimer
The MCEC Media Management Library and the Media are provided on a strictly “as is” basis. To the extent permitted by law, MCET does not provide any warranty in relation to your use of the MCEC Media Management Library or as to the currency, completeness or accuracy of the information contained on the MCEC Media Management Library.
Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
If any law applies a guarantee or implies a condition or warranty into this Agreement which cannot lawfully be excluded then, to the maximum extent permitted by law, MCET’s liability for any breach of such guarantee or implied term will be limited in the case of goods, to a refund for the price of the goods, re-supply of the goods or repair of the goods, and in the case of services, to the supply of the relevant service again or the payment of the cost of having that service re-supplied.
10 Indemnity and exclusion of liability
In this clause 10, MCET’s “Personnel” include MCET’s directors, officers, employees, agents and contractors and includes directors, officers, employees and agents of MCET’s contractors.
You must at all times indemnify, hold harmless and defend MCET and its Personnel (“those indemnified”) from and against any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) incurred or suffered by any of those indemnified arising from any breach of this Agreement by you.
To the maximum extent permitted by law, MCET and its Personnel will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with, the use of the MCEC Media Management Library or any Media, or the use or reliance on information contained on or linked to from the MCEC Media Management Library.
11 Termination
Upon a breach of this Agreement by you, MCET may terminate this Agreement immediately by giving you notice in writing.
Upon termination of this Agreement, any rights granted under this Agreement (including any licence to use the Media) will also terminate and you must:
immediately cease using any Media; and
delete any copies of any Media in your possession or control if directed to do so by MCET.
Any provisions of this Agreement that by their nature survive the termination of this Agreement will survive and continue in effect.
12 Amendments
We may change the terms and conditions of this Agreement at our discretion. Any changes will be effectively immediately upon posting on the MCEC Media Management Library.
By continuing to use the MCEC Media Management Library and the Media you accept the terms and conditions of this Agreement as they apply from time to time.
13 General
This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.
No waiver of a right or remedy under this Agreement is effective unless it is in writing and signed by the party granting it.
This document is governed by and is to be construed in accordance with the laws applicable in Victoria, Australia.