Terms and conditions

TENNIS AUSTRALIA PHOTO HUB– TERMS OF USE

The following Terms of Use (Terms) form a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (you) and Tennis Australia Limited (ABN 61 006 281 125) (TA) and sets out the rights and obligations with respect to any images on the TA Photo Hub (Images) licensed by us to you. By accessing and using the TA Photo Hub and the Images, you are deemed to have understood and accepted these Terms. TA reserves the right to modify these Terms at any time in its sole discretion. Prior to such changes becoming effective, TA will use reasonable efforts to notify you of any such change. Such notice may be sent by email to the email address linked to your TA Photo Hub account, an announcement on this page, your login page, and/or by other means in our discretion. By licensing Images following any such modifications, you agree to be bound the Terms as modified. ‘TA Photo Hub’ means this site (www.photos.tennis.com.au) where Images are made available to users. All right, title and interest in the Images is owned by TA.

USE OF IMAGES

TA hereby grants you a non-exclusive, non-transferable, revokable licence to use, modify and reproduce the Images worldwide, in perpetuity, including as a digital reproduction, including on websites, in social media, in editorial and news media, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc.) for news, editorial, personal and other non-commercial uses, on the terms and conditions set out below.

RESTRICTIONS ON USE OF IMAGES

You must not: a. Use the Images other than as expressly provided by the license. b. Portray any person depicted in the Images in a way that is offensive, defamatory or derogatory. c. Modify the Images in a manner that changes the context of what is depicted. d. Use the Images for commercial purposes, including in any advertising, merchandise or other commercial contexts. e. Use any Images in a multi-media production distributed via broadcast, cable network, subscription video on demand service (e.g. Netflix, Stan, Binge, Hulu, Amazon), free, transaction or ad-supported video on demand (e.g YouTube, Vimeo, iView, SBS On Demand), or in theatres, or in related promotional materials, unless for editorial or news purposes. f. Use any Images on a publication cover, jacket, or other packaging related to the underlying use. g. Use the Images in a manner that could imply an endorsement, affiliation or promotion of any person depicted in the Images. h. Resell, redistribute, provide access to, share or transfer any Images except as specifically provided herein. i. Use the Images in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. j. Use any Images (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof. k. Falsely represent, expressly or by way of reasonable implication, that any Images were created by you or a person other than the copyright holder(s) of that Images.

CREDIT AND COPYRIGHT NOTICES

a. You must credit all Images to Tennis Australia (a copyright notice in the form of ‘© Tennis Australia Ltd’ to suffiice) and use best endeavours to credit the photographer. b. In all cases, the credit shall be of such size, colour and prominence so as to be clearly and easily readable.

INDEMNIFICATION AND LIABILITY

a. TA shall not be liable for any damages, costs or losses arising as a result of modifications made to the Images or due to the context in you use the Images. b. To the extent permitted by law, you will indemnify and hold TA, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Images other than the uses expressly permitted by these Terms except where and to the extent the relevant claim, loss, damage or expense is caused or contributed to or by the negligent or wilful acts or omissions of TA, its employees, subsidiaries, officers, volunteers, servants and agents. You further agree to indemnify TA for all costs and expenses that TA incurs in the event that you breach any of the terms of this or any other agreement with TA. Under no circumstances will TA, its, employees, directors, subcontractors or agents be liable to you for special incidental, or indirect damages or for any economic consequential damages, or lost profits, business, revenue, goodwill or anticipated savings.

ADDITIONAL TERMS

a. If you learn, or if TA becomes aware and issues notice, that any Image is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which TA may be liable, or if TA removes any Image due to perceived business risk as determined in TA's reasonable discretion and gives you notice of such removal, you will remove the Images from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Images at your own expense. b. In the event that you breach any of the terms of this or any other agreement with TA, TA shall have the right to terminate your TA Photo Hub account without further notice, in addition to TA's other rights at law and/or equity. TA shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach. c. Except as expressly set forth herein, TA grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in the Images, or any trademarks or copyrighted designs or works of art or architecture depicted in any Images.

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