iBrand Image Library Terms And Conditions

The full terms and conditions of your license for the use of the images contained in the iBrand Image Library are outlined below.

In these terms and conditions, Austrade means the Australian Trade Commission of Level 2 Minter Ellison Building, 25 National Circuit, Forrest ACT 2603.

Please read these terms and conditions carefully as they apply to your use of the iBrand Image Library as accessed through this site (Site). By using this Site you agree to be bound by these terms and conditions.

Austrade staff should also refer to the Photographic Images: Guidelines and Policy document, located on the Austin intranet.

By accessing the iBrand Image Library through this Site Austrade agrees to grant you a non-exclusive license to the selected image(s) for the permitted purpose as specified in writing at the time of the request. It is your responsibility to provide Austrade with details of how the material will be used.

This license will terminate immediately upon the expiry of the agreed term of use, or upon breach of the terms and conditions.

Austrade may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions will:

1. apply to your use of such parts of the Site or features in addition to these terms and conditions; and
2. prevail over these terms and conditions to the extent of any inconsistency.

Upon completion of the permitted use you shall destroy or return to Austrade all copies of any images obtained from the iBrand Image Library. Material is supplied on a strictly non exclusive basis for the permitted use only.

You acknowledge that the images on the Site are subject to copyright and possibly other intellectual property rights.

Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person to:

1. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the images in any way for any public or commercial purpose, other than that provided for by license, without Austrade’s prior written consent; or
2. otherwise infringe the intellectual property rights of any person in using the Site or any images.

Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.

Austrade reserves all rights in the images contained on the Site and the appropriate copyright holder is to be credited at all times.

You must not:

1. disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
2. reproduce any images from the Site without Austrade’s express written permission, which Austrade may withhold or grant (on terms acceptable to us), in our absolute discretion;
3. violate any Applicable Law relating to your use of the Site; or
4. collect or store personal data about other users of the Site.

In these terms and conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

1. any law, rule or regulation of any country (or political sub-division of a country);
2. any obligation under any licence in any country (or political sub-division of a country); and any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

Austrade has not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that Austrade endorses the linked site, and you use the links at your own risk. Austrade does not accept any responsibility or liability for any claims arising out of the descriptions or information supplied.

Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. Austrade shall not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.

During your use of the Site, Austrade may issue to and request from your computer blocks of data known as "cookies". By using this site you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.

You use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Austrade excludes all representations and warranties to the fullest extent permissible under any Applicable Law.

To the extent permitted by law, Austrade shall not be liable to you, your principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement or otherwise.

You hereby agree to indemnify Austrade against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by Austrade as a result of:

1. you or your principal's or any authorised person's use of the images contained on this site;
2. you or your principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or
3. any other matter arising out of this Agreement.

If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

This agreement is governed by the laws of the Australian Capital Territory, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.