Terms & conditions

This is a legal agreement between you ("you") and Transport for NSW, TfNSW ("Site Owner"). You should read this Agreement in its entirety before you download any digital asset appearing on this site ("Asset"). If you agree to be bound by the terms and conditions of this Agreement, click on the "I agree" button on the website. If you do not agree, click on the "remove" button on this website to decline this Agreement.

The TfNSW Creative Assets Library is readily available to anyone who visits the website. The Asset is not available for commercial use or third party advertising, unless otherwise agreed in writing with TfNSW.

The Site Owner warrants that it has the permission of the copyright owners of the Asset to enter into this agreement with you.

If you enter into this Agreement or if you download an Asset accordance with the terms of this Agreement on behalf of another person ("Principal"), the licence granted and restrictions and limitations set out below apply to your Principal as well as to you as a representative of your principal. Should you cease to be authorised to act on behalf of your Principal, your Principal must continue to abide to the terms and conditions under this Agreement if your Principal continues to use the Asset. You warrant that you are authorised to enter into this Agreement and to use any Asset pursuant to this Agreement.

You hereby indemnify the Site Owner for any loss, claim, damage or action arising as a result of any lack of authority to enter into this Agreement or to purchase a licence to use any Asset pursuant to this Agreement. You hereby indemnify the Site Owner for any loss, claim, damage or action arising as a result of any breach of this Agreement committed by your Principal.

In this Agreement, "you" refers to and includes you, your Principal and any third party as the context permits.

 

Grant of licence

1. The Site Owner grants to you, and your Principal (if you are licensing on behalf of another person), a non-transferable and non-exclusive licence to use the Asset you have selected on the terms and conditions of this Agreement.

2. Should the licence be renewed or updated, or if the terms and conditions of this Agreement are updated or amended, you will be required to enter into a new licence and/or accept the revised terms and conditions via writing including via email.

 

Scope of licence

3. The Asset may be used only for the purpose described in your application and authorisation notification or as otherwise notified to the Site Owner.

4. The Asset may not be used for commercial use or third party advertising, unless otherwise agreed. Where unsure whether your use is within the scope of the licence, please refer to https://www.transport.nsw.gov.au/about-us/contact/legal  or contact the administration: creativeassets@transport.nsw.gov.au.

 

Limitation of licence

5. Defamatory, libelous, scandalous, misleading, pornographic or otherwise unlawful use of the Asset is prohibited.

6. The use of any logo or trademark appearing in the Asset must be used in a manner permitted by the logo or trademark owner. This licence does not grant any rights to use any logos or trademarks and therefore you must seek the written approval of the logo or trademark owner.

7. You shall not copy (electronically or otherwise) the Asset except for the purpose described in your application and authorisation notification.

8. You shall not alter, modify or adapt an Asset without the prior consent of the Site Owner.

9. You shall not disclose the Asset to any third party without the prior consent of the Site Owner and you shall take all reasonable efforts to prevent the disclosure of the Asset to an unauthorised third party and/or the use of the Asset by an unauthorised third party.

10. You shall not disclose the Asset to any third party without the prior written consent of the Site Owner and you must take all reasonable efforts to prevent the disclosure of the Asset to an unauthorised third party and/or the use of the Asset by an unauthorised third party.

11. The rights and permissions granted to you under this Agreement are personal. Except as specifically provided in this Agreement, the Asset may not be assigned, transferred, sublicensed or re-sold or otherwise made available for use or distribution separately or detached from a product or web page.

12. The Asset must not be downloaded to create, establish or form any part of an online interactive stock photo library.

13. The Asset cannot be used for any aboriginal activities (such as but including Acknowledgment of Country) and other cultural purposes.

 

Fees

14. The Site Owner grants to you a licence to use the Asset subject to the terms and conditions of this Agreement in consideration of the fee payable in respect of the Asset. At present no fees apply.

15. All fees and prices are subject to change at the sole discretion of the Site Owner. Fees, if charged, are to recover administrative costs and are not in consideration of royalties. At present no fees apply. For avoidance of doubt, any fees prescribed will be in $AUD.

16. Fees owing to Site Owner for the purchase of a licence to use the Asset will be deducted from your nominated bank account in accordance with the credit card details provided by you to the Site Owner upon accessing this site. At present no fees apply.

17. Payment of any fee or price owing to the Site Owner for the purchase of a licence to use the Asset entitles you to use the Asset, subject to the terms and conditions of this Agreement. At present no fees apply.

18. Agreement to purchase a licence to use the Asset must be deemed to be concluded at the time at which you download the Asset from this site. At present no fees apply.

 

Warranties and indemnity

19. To the fullest extent permitted by law, the Site Owner makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranty as to the minimum or maximum amount of time during which this site shall be accessible to you, and/or any warranty as to whether or not you shall be able to instantaneously download any Asset from this site at all times. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction.

20. To the extent permitted by law, the Site Owner 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.

21. You warrant that you will not access, view, download or attempt to download an Asset, datafile, or other material from this site which is in any way prohibited by or which breaches the laws of the jurisdiction in which you are currently situated and/or permanently reside and/or conduct business and/or intend to use the Asset.

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

(a) you or your Principal's or any authorised person's use of an Asset, data file, or other material contained on this site;

(b) you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or

(c) any other matter arising out of this Agreement.

23. Use of the Asset must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights.

24. You warrant that you will not breach any of the author's moral rights in relation to the Asset as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset or otherwise.

 

Moral rights – Acknowledgement & Credits

25. It is acknowledged that the photographer of the Asset may have certain moral rights in the Asset in certain jurisdictions (including the right to be credited). In recognition of this, a credit line in the following form must appear adjacent to the Asset in respect of each use of the Asset:

26. This [Asset produced by [insert title]]* is © State of New South Wales (Transport for NSW) [2022]. 

* Note, the content in square brackets is optional as it may not be needed or appropriate for all Assets.

27. You warrant that you will not breach any of the author's moral rights in relation to the Asset as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset or otherwise.

 

Privacy

28. Please refer to our privacy policy: https://www.transport.nsw.gov.au/privacy-and-cookies

 

Jurisdiction

29. This Agreement is governed by the laws of the State of New South Wales in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.

 

General

30. All rights to the Asset are owned by the Site Owner and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.

31. The Site Owner and the Asset's creator retain all rights not expressly granted by this Agreement.

 

Termination

32. The licence contained in this Agreement will terminate automatically without notice from the Site Owner if you, or your Principal if you are licensing on behalf of another person, fail to comply with any provision of this Agreement.

33. Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately:

(i) stop using the Asset, and

(ii) delete the Asset and all copies of it from all magnetic media and destroy all other copies or, upon the request of the Site Owner, return all such copies to the Site Owner.

34. The Site Owner reserves the right to discontinue the use of any Asset for any reason and to elect to replace the Asset with an alternate Asset or modify the Asset. Upon notice from the Site Owner of any discontinuance of a licence for a particular Asset, the licence to use the discontinued Asset contained in this Agreement will terminate and you, and/or your Principal agree not to use the Asset in the future in any manner or form whatsoever. Notice will be provided by way of email (via the address which you have provided). Clauses 5, 8 and from clause 16 – 28, continue to operate and survive the termination or expiry of this Agreement.

35. Indigenous Talent: The Site Owner may feature people of Australian Aboriginal or Torres Strait Islander descent (‘Indigenous Talent’). In the event of the Indigenous Talent’s death his, her or their family can contact Site Owner’s Asset Library to arrange removal of the Indigenous Talent’s image from Site Owner’s Asset Library. This means that the Site Owner may in its absolute discretion, and without notice, permanently remove any Asset featuring the Indigenous Talent from its material, regardless of whether the material is in electronic or hardcopy format. Please refer to https://www.australiacouncil.gov.au/programs-and-resources/Protocols-for-using-First-Nations-Cultural-and-Intellectual-Property-in-the-Arts for more information.

 

Contribution of Content

Talent Release / Consent Form Required for all CAL Content

For all Creative Asset Library content, before that content being uploaded TfNSW require a signed Talent Release / Consent Form in relation to that content. It is best practice to have the Talent Release / Consent Forms as these provide TfNSW associated protections TfNSW could rely on if ever queried about images/content stored and shared on the Creative Assets Library.

Reasoning for the Talent Release / Consent Form

In most cases, a Talent Release Form and Licence Agreement with the photographer who has taken the images are required. TfNSW needs to be certain it has adequate rights to the images from the copyright owner (photographer hired) and the subject matter for the images that can be publicly downloaded. There are some instances where a signed Talent Release / Consent Form is not required. For example, crowd scenes at a train station of who is photographed - we would be unlikely to seek a release form. However, where a person is in front and centre facing the camera, it would be prudent to seek a release form.

Responsibility to seek the Talent Release / Consent Form

It is the TfNSW contributor’s or the photo shoot organiser’s responsibility, who supplies / uploads images to the Creative Assets Library, to upload signed Talent Release Forms (TRF) of the subjects in the images. If the TRF is not available, the images must be marked “*FOR INTERNAL USE ONLY*” in the Title field and the Item Group must be set to Staff Item Group along with the Approval Required to download set to Yes (please refer to the Contributors guide or contact the Admin).