TERMS AND CONDITIONS
SOUTH AUSTRALIA MEDIA GALLERY
Last updated 19 October 2023
Terms of Use
The South Australia Media Gallery (“SA Media Gallery”) website is provided by the South Australian Tourism Commission (“SATC”).
By registering and using a login and password to access, use and/or download content from the SA Media Gallery website, you are entering into a binding agreement with SATC that constitutes your acceptance of these Terms of Use (“Terms”). If you object to any of the Terms in this document, your only remedy is to immediately cease use of and access to the SA Media Gallery website.
SATC may revise these Terms at any time by updating this page, and any subsequent or continued use by you represents your acceptance of the revised Terms, regardless of whether you have accessed or read the Terms. When SATC make changes, SATC will revise the "Last Updated" date at the top of these Terms. It is the responsibility of the user to monitor for updates to the Terms with each use of the SA Media Gallery.
Overview
The SA Media Gallery (media.southaustralia.com) offers South Australian visual resources to the mass media, tourism industry and Government of South Australia for the positive promotion of South Australian destinations, tourism operators and experiences.
Intellectual Property Rights
All photographs, video footage, editorial, maps and logos available from the SA Media Gallery ("Media Gallery Material") are protected by copyright.
The SA Media Gallery website digital asset management systems are the subject of other intellectual property rights either owned by the SATC or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms.
Your use of the SA Media Gallery site must not in any way infringe the intellectual property rights of any person.
Restrictions on Use
In each and every instance, you must not use Media Gallery Material without the prior written approval of the SATC.
Receipt of Media Gallery Material does not constitute consent of the SATC to copy or transfer those materials; such approval may be given conditionally or unconditionally or withheld by the SATC in its discretion.
Media Gallery Material must not be distributed, loaned, sold, modified, photoshopped, reproduced, altered or adapted for any use other than that approved by the SATC. You must not store or save any Media Gallery Material file following its authorised use. Unless otherwise agreed by SATC, all Media Gallery Material obtained from the SA Media Gallery must be deleted from all electronic and removable media after its authorised use. A new order must be submitted through the SA Media Gallery if you intend to use Media Gallery Material for a different purpose than that specified in your approved order.
You must not merge, translate, or disassemble any Media Gallery Material.
SATC reserves the right to monitor user downloads and other activity involving the SA Media Gallery to ensure compliance with these Terms and to otherwise protect SATC and its content providers. Should SATC recognise unusual, suspicious or excessive user behaviour on the SA Media Gallery, it retains absolute discretion to block the offending user account.
Credits and Captions
Media Gallery Material must be used in relevant context and not misrepresent the location and/or the relevant business.
Each and every use of Media Gallery Material must correctly acknowledge the owner of the material in a reasonably prominent location. All users of the SA Medial Gallery must ensure that appropriate credit information is referenced. This information is detailed with each asset in the “Mandatory Credit” field.
Where the South Australian Tourism Commission is referenced in the Mandatory Credit field of Media Gallery Material, that material must be credited as follows:
“South Australian Tourism Commission”;
OR
“South Australian Tourism Commission southaustralia.com”;
OR
“southaustralia.com”
In respect of SA Media Gallery Videos, captions must be used as supers (text overlays), where appropriate.
Captions must be used with all SA Media Gallery images. Captions must include the image title and tourism region.
Acknowledgments (Mandatory Credit field) and suitable captions (Title and Region fields) are provided with all Media Gallery Material.
Use on Websites
Website use of Media Gallery Material should comply with the following, as best practice:
• photographs should be displayed at 72 dpi; and
• video should be displayed at 320 x 180 pixel resolution.
Credits and Captions, as referred to in these Terms above, will apply to website use of Media Gallery Material.
The website must credit the Media Gallery Material (where such Media Gallery Material is video footage containing one or more videos) by acknowledging the source and the owner of each video within the material, as follows:
“Footage sourced from the South Australia Media Gallery, <insert Mandatory Credit/s>”.
Use of Media Gallery Material
Media Gallery Material:
• must be used solely for the positive promotion of South Australia and its tourism regions as a travel destination, unless approved by SATC for another purpose in writing in its sole discretion;
• must only be used when communicating to an audience of prospective visitors to South Australia and/or its tourism regions;
• must not be used for personal use or consumption;
• must not be used for unlawful purposes;
• must not be used in a way that demeans or otherwise disparages SATC, or the copyright owner, by its incorporation;
• must not be produced for mass in-person consumption (e.g., interior decoration);
• must not be used for commercial purposes or for paid advertising other than in respect of the tourism industry; and
• may be used by agencies of the Government of South Australia when promoting South Australia as a destination.
SATC may, in its absolute discretion:
• approve or reject any request for use of Media Gallery Material;
• put any conditions on use of the Media Gallery Material as it sees fit or as requested by content creators; or
• instruct you to permanently remove any Media Gallery Material from your platforms, for whatever reason.
Aboriginal and Culturally Significant Material
Aboriginal and Torres Strait Islander people are advised that Media Gallery Material may contain images, voices and names of deceased people.
Please note that there are restrictions on the use of Aboriginal and culturally significant assets within the SA Media Gallery. Media Gallery Material that features Aboriginal people and/ or culturally significant locations must only be used to represent the experience and accurate location featured. Requests of a generic nature in respect of Aboriginal and culturally significant assets will not be approved.
Street Art
For the purposes of this section, ‘Street Art’ means a form of public visual artwork.
These Terms prohibit modification of Media Gallery Material. However, in respect of Street Art only, SATC may permit the resizing (making the whole image bigger or smaller) of an image provided that it does not alter the nature and intention of the image. Any request to crop Street Art will require prior written approval from SATC.
Maps and Editorial
South Australian maps and editorial commentary are provided to mass media and tourism operators to assist in the promotion of South Australia and its tourism regions as a travel destination only. SA Media Gallery maps are not definitive and must not be relied upon for navigation.
Termination
Without limiting any other rights or remedies the SATC may have against you arising out of or in connection with these Terms, the SATC may, in its absolute discretion, terminate your use of the SA Media Gallery effective immediately without giving notice, if you breach these Terms.
SATC may, in its absolute discretion, terminate your use of the SA Media Gallery upon two (2) days written notice.
In the event SATC terminates your use of the SA Media Gallery, effective from the date of termination you will have no right to use the Media Gallery Material and must immediately cease use of, and destroy any Media Gallery Material, in your possession or control.
Warranty and Indemnity
You warrant you will use the SA Media Gallery and any Media Gallery Material in accordance with these Terms.
You indemnify and keep indemnified SATC against a breach of this warranty and any loss, costs, expenses, damages and liability of any kind, which SATC may sustain or incur, arising directly or indirectly from any claim relating to your use of the Media Gallery Material or relating to any derivative artwork or other material by you or on your behalf which incorporates the Media Gallery Material.
Privacy Policy
SATC is committed to protecting the privacy of any personal information it collects about you. A copy of the SATC Information Privacy Policy may be accessed on the SATC website at https://tourism.sa.gov.au/privacy-statement.
