GRDC Photo Library – Terms and Conditions
You must read all of these Terms and Conditions in order to access the Photo Library. By clicking the "I accept" button below, you indicate that:
you have read all of these Terms and Conditions, including Section 8 ("WARRANTY, INDEMNITY AND RELEASE"), and
you agree to comply with these Terms and Conditions and will be bound by them.
In these Terms and Conditions, you are referred to as a "Member".
Definitions
GRDC Purposes means for the purposes of use in connection with any GRDC Function, or with any publication, communication or activity relating to GRDC, including but not limited to:
GRDC promotional, advertising, marketing and educational material, including but not limited to GRDC's Ground Cover Newspaper, Ground Cover Supplements, fact sheets, brochures and electronic direct mail (EDM);
GRDC corporate documents including its annual report, annual operating procedures and media releases; and
GRDC digital media including applications, websites (including www.grdc.com.au) and social media activities; and
any third party activities, publications or communications which reference, involve or relate to GRDC.
GRDC Functions means the GRDC's functions and powers under the Primary Industries Research and Development Act 1989 (Cth) (which can be accessed at www.legislation.gov.au), including but not limited to:
coordinating and funding R&D activities that are consistent with GRDC’s annual operational plan;
monitoring, evaluating and reporting to the Australian Parliament, the relevant Minister and GRDC’s representative organisations in relation to those R&D activities; and
facilitating the dissemination, adoption and commercialisation of the results of R&D in relation to the Australian grains industry.
Material means all materials (including copies of photographs, images, text and meta data) available from the Photo Library.
Member means a person, including any assignee or authorised licensee or contractor of GRDC, who has been granted access to the Photo Library to view, use or contribute Materials.
Photo Library means the digital photo and image library managed and controlled by GRDC which may be accessed from grdc.thirdlight.com.
1. Member account
GRDC may, in its sole discretion, provide a Member with access to the Photo Library through a specific Member account. A Member must not allow any other person (including any company) to use the account provided to that Member. Each Member understands and agrees that GRDC may monitor a Member's account activity, and may suspend, restrict or terminate a Member's account for any breach of these Terms and Conditions, threat to the integrity of the Photo Library or otherwise at GRDC's sole discretion.
2. Moderation of Photo Library Materials
Members acknowledge that:
GRDC has ultimate editorial control over the Photo Library;
Materials may contain errors or omissions;
GRDC does not endorse or promote the Materials (including any meta data or external links);
GRDC provides no warranty as to the suitability, accuracy, quality or completeness of the Materials for any purpose;
Members are responsible for making their own assessment of the Materials, including assessing the quality and suitability of the Materials for any purpose;
GRDC is under no obligation to exercise any of the rights that a Member grants to it under these Terms and Conditions; and
GRDC reserves the right to edit or remove any Material from the Photo Library at any time without notice to Members.
3. Using Material
The Photo Library is not a commercial space. Material accessible from the Photo Library is protected under the copyright laws of Australia and is not in the public domain.
A Member may only use Material for GRDC Purposes or for GRDC Functions, for example by reproducing, editing and/or publishing Material for a GRDC publication or activity.
By uploading Material to the Photo Library, a Member grants to GRDC and all other Members an irrevocable, non-exclusive, royalty-free licence to exercise all rights in that Material in any media throughout the world in perpetuity for any GRDC Purpose or GRDC Function.
Where a Member is the creator of any original Material, that Member hereby consents to GRDC or other Members reproducing, editing, modifying, adapting, publishing or communicating to the public such original Material (or any edited, modified or adapted version of it), through any media for any GRDC Purpose or GRDC Function, even if such editing, modifying or adapting may otherwise infringe the Member's moral rights of attribution and integrity of authorship.
Members must not use any Material for private or personal purposes, whether of a commercial nature or not. Members should contact the relevant copyright owner if they are interested in using Material for private or personal purposes. When using any photograph or image from the Photo Library, Members will endeavour to provide the authors of Material with appropriate credit when using Material.
4. Contributing Material
Each Member is responsible for all Material that they contribute to the Photo Library, including photographs, images, text, meta data and links.
Members must keep the originals of any Material that they contribute, as GRDC may not archive, store or back-up the Material or continue to make the Material available from the Photo Library.
By contributing Material to the Photo Library, each Member confirms that:
they own or have the right to use any copyright in the Material (unless GRDC already owns such copyright under law or under a contract);
they have not infringed any person's rights (including the rights of any individual, company or Indigenous community) by having uploaded the Material; and
the Material and any use of it within the scope of section 3 ("Using Material") does not breach any laws.
Members must not upload any material that:
they do not have permission or proper consent to use (such as permission from copyright owners);
may infringe intellectual property or other rights (including privacy rights);
may breach obligations of confidentiality (for example, by destroying the secrecy of trade secrets or the novelty of potentially patentable inventions); or
may be considered misleading, deceptive, obscene, discriminatory, offensive, insulting, provocative or hateful or otherwise unlawful in any way.
5. Required meta data
Members must provide the following meta data together with any photograph or image contributed by that Member to the Photo Library:
the name and contact details of the photographer or artist;
the name and contact details of the owner of copyright in the photograph (if different from the photographer or artist);
the name and contact details of each person appearing in the photograph – if the person is a child (under 18 years of age), then the Member must seek prior consent from the parent or guardian that the child’s image and name may be used, and obtain the contact details of the parent or guardian rather than the child;
the name and address of any property, building or location appearing in the photograph;
the name and contact details of the owner of any proprietary equipment or machinery appearing in the photograph;
the date on which the photograph was taken;
a detailed description of the image and what it depicts; and
copies of the relevant consents required under section 6 ("Required consents").
By providing the meta data required above, a Member represents to GRDC that the Member:
has not knowingly made any false or misleading statements;
has not made any defamatory comments; and
has complied with and will avoid breaching applicable laws.
GRDC is under no obligation to make a Member's contributed Material available from the Photo Library if the Member has not complied with these Terms and Conditions.
6. Required consents
Each Member must provide, together with Material contributed by that Member, written consents from the relevant persons for use of the Material:
Personal information (including names, addresses, email, phone numbers and any other personal details) – Consent by the individual to have that individual’s personal information: (a) collected for identification purposes in the Photo Library; and (b) published in any GRDC publication;
A person's image – Consent by the person to appear in a photograph or image which may be uploaded to the Photo Library for use by GRDC and Members for GRDC Purposes and Functions;
A child's image (child means a person under 18 years of age) – Consent by the child's parent or guardian for the child to appear in a photograph or image which may be uploaded to the Photo Library for use by GRDC and Members for GRDC Purposes and Functions;
Non-GRDC property (including buildings and locations) – Consent by the property owner to have their property appear in a photograph or image which may be uploaded to the Photo Library for use by GRDC and Members for GRDC Purposes and Functions;
Non-GRDC equipment or machinery – Consent by the equipment or machinery owner to have their equipment or machinery appear in a photograph or image, which may be uploaded to the Photo Library for use by GRDC and Members for GRDC Purposes and Functions; and
Photographs or images – Consent by each individual artist or photographer: (a) for that person’s work to be uploaded to the Photo Library; and (b) to allow GRDC or a Member to reproduce, edit, modify, adapt, publish or communicate to the public the work or a modified version of it, even if such acts may otherwise infringe that person’s moral rights of attribution and integrity of authorship.
7. Privacy
All Members must respect the privacy of others and comply with all applicable privacy laws. Members must read GRDC’s privacy policy. A copy of GRDC’s privacy policy can be found on the GRDC intranet site - portal.grdc.com.au/work/PolicyAndProcedure/Pages/default.aspx. External users can obtain a copy by accessing the GRDC website: grdc.com.au/policies/privacy. Members must observe this policy and the procedures associated with it.
GRDC will handle any personal information which Members provide in the Photo Library in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and GRDC’s privacy policy.
8. WARRANTY, INDEMNITY AND RELEASE
Each Member warrants that:
they have all necessary rights and authorisations to grant the licence set out in section 3 ("Using Material"); and
the exercise of that licence, and the use of contributed Material within the scope of that licence, by GRDC and other Members will not infringe the rights of any third party.
Each Member indemnifies GRDC and any other Member who is a GRDC officer or employee (Indemnified Persons) against any loss incurred or damage suffered by such Indemnified Persons resulting from any breach of the warranties above.
Each Member hereby releases the Indemnified Persons from and against any costs, expenses, claims, demands, liabilities and the like which the Member may otherwise seek against an Indemnified Person in connection with the use of Material in accordance with the licence set out in section 3 ("Using Material").
9. Termination
In addition to any other rights it may have, GRDC reserves the right to terminate, inactivate, suspend or restrict any Member's account, with or without notice, for any reason.
A Member may terminate their own account at any time by contacting Lee Vereschildt, Head of Digital and Publications, lee.vereschildt@grdc.com.au. However, Material contributed by a Member may still be available in the Photo Library after that Member’s account has been closed and such Material may continue to be used by GRDC and other Members in accordance with the perpetual licence granted under section 3 ("Using Material").
10. Disclaimer
The Photo Library is provided on an "as is" and "as available" basis. Members use the Photo Library and the Materials at their own risk and each Member is solely responsible for any damage or loss whatsoever which may result from such use.
GRDC disclaims, to the fullest extent permitted by law, all guarantees, warranties or representations of acceptable quality, fitness for any purpose, security, reliability, accuracy, timeliness, availability and performance in respect of the Photo Library and any Material contained therein.
11. Governing law
These Terms and Conditions are governed by the laws of the Australian Capital Territory, Australia.
GRDC reserves the right to change these Terms and Conditions at any time without notice to Members. A Member's continued use of the Photo Library indicates that Member's acceptance of the Terms and Conditions in force at the relevant time.
Last updated: [June 2021]
Site Terms and Conditions In order to use the library you must accept the following terms and conditions