LAST UPDATED NOVEMBER 6, 2023
1. GENERAL
a. These conditions of use govern your purchase and use of editorial photographs, images, graphics, illustrations, text or other material (‘Content’) from the website www.newspix.com.au ('Site').
b. The Site is owned and operated by Nationwide News Pty Limited ABN 98 008 438 828 ('News').
c. In addition to these conditions of use, you agree when using the Site to be bound by any additional terms, conditions, notices, and disclaimers which appear on the Site.
d. Your use of the Site indicates your acceptance of and agreement with these terms of use.
e. News may alter the conditions of use of the Site from time to time. News will provide reasonably advance notice of any material changes to these conditions. Any such changes will be notified on this page. Your continued use of the Site following those changes (other than to review those changes) indicates your acceptance of those changes. If any of those changes adversely impact an existing licence agreement that you have with News for any Content, you may terminate that licence within 30 days of publication of the amended conditions and obtain a pro rata refund for the unused term of the impacted licence.
2. REGISTRATION
a. The Newspix Site is a commercial media syndication service providing access to Content from News' archive.
b. In order to access Content on the Newspix Site, for publication or other reproduction, you must register on the Site and agree to these terms and conditions.
c. Once you have registered on the Site, you will receive a password. It is your responsibility to ensure the password is kept confidential at all times. In addition, you are entirely responsible for all activities that occur under your user name and password, including any unauthorised use of your credit card except where those activities occur due to News’ negligence, gross misconduct or fraud.
d. All information you provide to News when you register must be accurate, complete and up-to-date. It is your responsibility to inform News of any changes to this information by contacting us on newspix@newsltd.com.au
3. PURCHASE AND USE OF IMAGES
a. Searching and viewing Content on the Site is free. However, users may not publish, transmit, resell, license, copy, store, archive, email or otherwise distribute any Content to a third party for any purpose (including editorial or commercial purposes) except as permitted by a licence granted in accordance with this clause 3.
b. Fees and any other conditions which will be imposed for any particular licence sought will be provided to users on request which can be made through the Site by registered users. License fees are based on usage and calculated using the details you provide.
c. A licence is offered by News to the registered user for the specific Content, in return for payment of the licence fee advised by News for the specific purposes sought and on condition that the user ensures that it complies in all respects with these terms and conditions and with the information provided by the user to News in order to be advised of a licence fee (including number of uses, purpose of use, circumstances of use). When the registered user downloads the Content, they accept the offer and the licence is granted.
d. You agree that downloading Content from the Site obliges you:
i. to pay the previously advised licence fees for the Content;
ii. to use the Content only in accordance with the described uses which you provided to News prior to being advised the licence fee; and
iii. to comply with any other conditions notified to you prior to you downloading the Content.
e. You agree that any licence of Content from the Site is granted on the condition that you may not and may not permit or assist others to use the Content in any way in or as part of any of the following:
i. Blogs; or
ii. Archive - storing Content on your computer for later use.
f. Unless otherwise agreed in writing, Content may only be used once and only in a single publication (whether it be a digital or print medium). By way of example only:
i. the following constitute a single use: a digital reproduction of a hard copy publication (in the same layout as the original publication) and retweeting a post on Twitter;
ii. the following constitute three uses: posting the same image on Twitter and Instagram, using an image in a hard copy publication (a printed article) and putting a summary of that article on facebook with the image together with a link to the pdf of the full article.
g. You must seek the written permission of News in order to make any changes to any Content, store Content, or include Content in a digital or other archive.
h. Photo credit is mandatory and should read name of the photographer/ Newspix. If no photographer is named in the caption, the photo credit should read Nationwide News Pty Ltd / Newspix
i. Content cannot be stored or archived in any way and must be deleted from all computers, storage devices and systems once used, except for copies of the published or commercially applied form.
j. Licensee shall not (and Licensee has no right to) use any Content (or any content, information, or data based on or derived from any Content) for purposes of text and data mining and/or developing, training, tuning, or operating machine learning or artificial intelligence models or algorithms or to derive or create any content, information or data. Without limiting the foregoing, the Licensee must not apply machine learning, and must not allow machine learning to be applied to the Content to make, or do anything that results in, or assists in, any person making, content that may be used as an alternative or substitute for, or a summary or paraphrase of, the Content.
4. LATE PAYMENT INTEREST CLAUSE
a) Unless otherwise agreed by News, if you do not pay any amount set out in a tax invoice or adjustment note (as relevant) on the due date for payment, you agree to pay interest on that amount at the Overdue Rate (defined below). The interest accrues daily from (and including) the due date to the date of actual payment and is calculated on actual days elapsed and a year of 365 days. You must pay interest under this clause 7 on demand by News.
b) Interest payable under paragraph (a) above which is not paid when due for payment will be added to the overdue amount by News at intervals determined by News or, if no determination is made, every 30 days. Interest is payable on the increased overdue amount at the Overdue Rate in the manner set out in paragraph (a) above.
c) For the purposes of this clause:
i. "Overdue Rate" means the A$ Official Cash Rate plus 4% per annum; and
ii. "A$ Official Cash Rate" means, for any day, the rate expressed as the official RBA cash rate (or any equivalent, replacement or successor rate determined by News in good faith) at or about 10.30am and if that rate is less than zero, the A$ Official Cash Rate shall be deemed to be zero.
5. COPYRIGHT
All Content displayed on the Site is protected by copyright. You are only given limited rights to use the Content you purchase, as set out above, and you agree that you will only use the Content for these permitted purposes or as permitted under the Copyright Act (Cth) 1968.
6. TRADEMARKS
The logos and names used on the Site, including the names and logos of the News publications which appear on the Site and those logos of third parties, are protected by trade mark law. Nothing displayed on the Site should be construed as granting any licence or right to use any logo, masthead or trade mark displayed on the Site without the prior written permission of News or the owner of the relevant trade mark.
7. DISCLAIMER AND LIABILITY
News does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL") or equivalent State or Territory legislation which cannot be excluded, restricted or modified. News otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, and subject to News’ liabilities and obligations under the ACL, the following provisions of this clause 7 apply:
a. All Content on the Site is provided on an 'as is' basis and on an ‘as available’ basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at News’ sole discretion and without notice.
b. News makes no representations or warranties in relation to the Site, or the Content on the Site. In particular, News makes no representations or warranties that:
i. the Content will be complete, accurate or timely;
ii. the Site, or any of the Content on the Site, will be available at all times or that access to the Site will be free of delays or interruptions;
iii. the Content is suitable for any particular purpose;
iv. the Content can be used in a commercial context without the permission of the subject of the relevant Image and other content and you must make your own inquiries in this regard; and
v. the Site and the Content will be free from viruses and will not cause any equipment or software failure.
c. News will have no responsibility or liability in relation to any loss or damage that you incur, including reliance on information on the Site, omissions, interruptions, delays in operation or transmissions, viruses, communications failure, internet access difficulties or malfunctions in equipment or software, damage to your software or hardware, arising from your use of or access to this Site, that is not due to News' negligence, wilful misconduct and/or fraud, subject only to paragraph 7(e).
d. News does not warrant that functions contained in the Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that News or the server that makes it available, are free of viruses or bugs.
e. Where permitted under local law, including the ACL, liability of News, for any breach of a term or condition implied by law is limited at News' discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, News cannot limit its liability in this manner if You establish that it would not be fair or reasonable for News to do so.
8. PROHIBITED CONDUCT
a. You represent and warrant that your use of the Site, and of the Content licensed from News through the Site, will not be used for any purpose that is unlawful or prohibited by these conditions of use or any other conditions, notices or disclaimers appearing on the Site.
b. In addition, you agree to not use the Content to defame, abuse, harass, stalk, threaten or otherwise offend others or to use the Content in connection with any material that is obscene or pornographic, denigrates a particular group of people or that is otherwise unlawful or likely to be offensive to the general public.
9. APPLICABLE LAW
These conditions of use and all other conditions, notices and disclaimers which appear on the Site are governed by and construed in accordance with the laws of New South Wales.
10. TERMINATION
a. If you do not agree with these conditions of use or any modifications to them, your only recourse is to immediately discontinue your use of the Site.
b. Once you have registered on the Site, you may terminate your registration and account for the Site at any time by contacting Newspix at newspix@newsltd.com.au