Visit Victoria Content Licence Agreement

Updated September 12, 2023

Welcome to the Content Hub. Access to this hub is offered to travel and lifestyle media companies, tourism industry participants, education institutions, event companies and government agencies to support destination marketing, tourism and event procurement for the State of Victoria, Australia (the State).

Ownership of Site and Works

This site is owned and operated by Visit Victoria Limited (ABN 37 611 725 270) (Visit Victoria, we, us, our). All material made available on the Content Hub including photographs, images, illustrations, text, audio, video and other editorial content (each separately referred to as a Work or collectively, the Works) is either owned by Visit Victoria or otherwise made available with the authorisation of our content providers.

Acceptance of terms

Your use of the Content Hub is conditional upon your acceptance and compliance with these terms and conditions contained on this page (Terms). Please read and consider these Terms before you continue to use this website or order, download or use any Work. By accessing or using the Content Hub, you agree to be legally bound by and abide by these Terms. Use of ‘you’ under these Terms means you personally as the person accessing or using the Content Hub, as well as any entity which you represent. You warrant that you are authorised to accept these Terms on behalf of any such entity you represent. Visit Victoria may revise these Terms at any time by updating this page, and any continued use by you signifies your acceptance of the revised Terms, regardless of whether you have accessed or read the revised Terms.

These Terms constitute a licence agreement between you and Visit Victoria that specifies how you may access the Content Hub and use the Works. Under these Terms, to “use” a Work means to copy, reproduce, display, broadcast or publish it.

These Terms will not affect any other licence or agreement you already have with Visit Victoria, its employees, agents, sub-contractors, subsidiaries and other related companies.

Account security

In accessing the Content Hub, you agree to:

1. provide and maintain accurate, current and complete information as may be requested by Visit Victoria, including via any registration or order forms;
2. maintain the security of all usernames and passwords;
3. notify Visit Victoria immediately of any unauthorised use of your account; and
4. accept all responsibility for activity that occurs under your account.

Visit Victoria reserves the right to monitor user downloads and other activity to ensure compliance with these Terms. For the protection of Visit Victoria and our content providers, images on this site may be digitally watermarked.

Grant of licence

Visit Victoria grants to you a limited, non-exclusive, and revocable licence to use the Works subject to these Terms (including the Licence Conditions below) and:

1. to promote an event, region or destination in the State; or
2. for a specific project that is:
   1. nominated by you and approved by Visit Victoria in its sole discretion; or
   2. the subject of a separate agreement between you and Visit Victoria.

(Approved Purpose).

Licence Conditions

Attributions

When using images and video footage, you must ensure the use is titled correctly and identifies the region or destination that is featured in the Work where this information is made known to you as part of the listing in the Content Hub.

Visit Victoria may also provide authorship details and mandatory captions or credits for selected Works. If you are using a Work for editorial purposes, you must use best commercial efforts to:

1. credit the content supplier or creator of the Work, either adjacent to the content or as part of the production credits; and
2. acknowledge that the Work is supplied courtesy of Visit Victoria.

You may use the name of Visit Victoria solely as necessary to give attribution, but you may not use our name, logos or trade marks (whether registered or unregistered) in a way that is likely to deceive or cause confusion, or prejudice its distinctiveness or value or Visit Victoria’s goodwill or reputation.

Restrictions

You acknowledge that in certain circumstances, including where Visit Victoria is not the owner of a Work, additional restrictions or limitations may apply to your use, which you must comply with.

Visit Victoria will notify you of any third-party restrictions or limitations that apply to the use of Works at the time of supply (or within a reasonable time period following supply). This may occur by us:

1. including alerts in our listing on the Content Hub;
2. embedding information in the metadata of a Work; or
3. notifying you in writing.  

You are responsible for determining the need for, and obtaining, any additional consents or releases required in connection with the Approved Purpose with reference to the information supplied by Visit Victoria. Any assistance which Visit Victoria chooses to provide you will not detract from your responsibility to secure said consents and to pay any amounts payable.

You acknowledge that each Work is provided “as is” and Visit Victoria does not warrant or make any representations as to the clearance or suitability of a Work for the Approved Purpose.  

Prohibited uses

Unless expressly agreed by Visit Victoria as part of the Approved Purpose, you must not:

1. use the Works in any publication which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable;
2. use the Works for commercial purposes or for paid advertising other than to support destination marketing, tourism and event procurement for the State;
3. use the Works to manufacture or produce products for sale;
4. use a Work as a non-fungible token (NFT);
5. use Works (including any captions, credits, keywords, authorship details or other metadata associated with a Work) for any machine learning and/or artificial intelligence purposes; or
6. assert any right to revenue in respect of reproducing, sharing or distributing a Work.

Works may be cropped, reformatted or edited for technical quality. However, you are otherwise not permitted to modify, edit or alter a Work (or create derivative content from the Works) unless otherwise agreed by Visit Victoria as part of the Approved Purpose.

Who can use Works under licence?

This licence is non-transferable and non-sub-licensable, except to the extent agreed by Visit Victoria under the Approved Purpose. You cannot authorise or otherwise permit a third party to use a Work (including clients, subcontractors, or distributors) and you remain liable under these Terms for any misuse of the Work by any third party in your control or otherwise authorised by you.

Indigenous and cultural works

If a Work includes or features the art, culture or customs of Australia’s First Nations people, you must attribute the Traditional Owners, Language and/or Nations affiliated with the Work where this information is made known to you as part of the listing in the Content Hub.  Visit Victoria also encourages you to research, learn and understand protocols around the appropriate use of Indigenous and cultural works, to ensure the integrity of tradition specific to each Nation.

In many First Nations’ communities around Australia, the reproduction of the names and images of deceased people is restricted during a period of mourning. The length of this time varies and is determined by the community. If requested by Visit Victoria or an individual’s estate, you agree to remove or refrain from using any Work that features the image, likeliness voice of an Aboriginal and/or Torres Strait Islander person.

Indemnity and limitation of liability

You agree to indemnify Visit Victoria against any claims for any loss or damage arising from a breach of these Terms or your use of the Content Hub including your use of a Work, data file, or other material contained on this site.

Visit Victoria is not responsible for any loss suffered as a result of or in relation to the use of Works. To the extent permitted by law, Visit Victoria excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to a breach of these Terms or your access to or use of the Content Hub including the use of Works by you.

Termination

Visit Victoria may immediately terminate the licence agreement between you and us set out in these Terms by notice in writing to you if:

1. you are in material breach of any other agreement with Visit Victoria;
2. you have breached these Terms and have failed to remedy that breach within ten (10) days of receiving written notice from Visit Victoria;
3. you have breached these Terms and that breach is not capable of remedy; or
4. in the opinion of Visit Victoria (acting reasonably), your use of the Work is likely to have a material adverse effect (or reflect unfavourably) on Visit Victoria or the State including bringing Visit Victoria or the State into disrepute, scandal or ridicule.

If the licence agreement set out in these Terms is terminated, you must:

1. immediately cease your use of the Work;
2. delete or destroy any copies of the Work;
3. if requested by Visit Victoria, suspend, delete or otherwise remove the Work from any platform, social media account or website owned or managed by you.

For the avoidance of doubt, termination of the licence set out in these Terms (wholly or in part) does not affect the accrued rights or remedies under any separate agreement between you and Visit Victoria.

General

These Terms are governed by and construed in accordance with by the laws of the State of Victoria, Australia.

Nothing in these Terms will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.  Nothing in these Terms will be deemed to authorise or empower any of the parties to act as agent for or with any other party.