1. NZN Website Terms and Conditions
|
|
|
The AAP One Image Site Terms and Conditions may be found here: http://www.aapone.com.au/TermsAndConditions.aspx
|
2. Usage Restrictions (other than for Print only licenses)
|
|
2.1
|
If any changes are made to the terms and conditions of use of Facebook which are
not acceptable to AAP (in its reasonable opinion), AAP may immediately cancel Licensee's
right to use on the Facebook Platform or any Facebook Home Page any text, images
or videos included in the AAP Service. In these circumstances Licensee must immediately
cease using text, images and videos included in the AAP Service on the Facebook
Platform or any Facebook Home Page, and must delete from such page any such text,
videos or images which have been included on the page. If AAP exercises its rights
under this clause 2, AAP will refund to Licensee any Monthly Charges which have
been paid which relate solely to use of the AAP Service in conjunction with the
Facebook Platform.
|
|
2.2
|
The licence granted does not include a right to conduct any of the following in
relation to text, images or videos derived from the AAP Service (Prohibited Uses)
whether in the form in which they are displayed on the Authorised Platform or otherwise:
|
|
|
(1)
|
framing the text, images or videos (except for framing by Licensee within its Authorised
Platforms);
|
|
|
(2)
|
using the text, images or videos on Twitter, MySpace or YouTube; or
|
|
|
(3)
|
using any other functionality or application which extends or replaces the prohibited
uses specified in clauses 2.2(1) or 2.2(2),
|
|
|
except as expressly permitted in this Agreement.
|
|
2.3
|
For the avoidance of doubt, Licensee is not obliged to implement active measures
to prevent the Prohibited Uses. Licensee's only obligations in regard to the Prohibited
Uses are:
|
|
|
(1)
|
to include in its User Agreements an obligation on the Users not to engage in the
Prohibited Uses;
|
|
|
(2)
|
to report all material incidents involving the Prohibited Uses within Licensee's
actual knowledge to AAP;
|
|
|
(3)
|
not to encourage third parties to engage in the Prohibited Uses; and
|
|
|
(4)
|
to provide reasonable assistance to AAP to stop any Prohibited Uses by the Users
or others.
|
|
2.4
|
Licensee may display on the Authorised Platforms and store in computer readable
form, in accordance with this Agreement, any text, images or videos supplied as
part of the AAP Service on a once-only basis for a period of not more than 30 days
from the date upon which the text, images or videos are received by Licensee from
AAP (Storage Period). Licensee must delete all text, images or
videos derived from the AAP Service at the end of the Storage Period. Notwithstanding
this clause 2.4, Licensee must not display any text, images or videos that AAP has
retracted, cancelled or modified.
|
|
2.5
|
Licensee:
|
|
|
(1)
|
may only store and display images from the AAP Service, in the case of:
|
|
|
|
(a)
|
may only store and display images from the AAP Service, in the case of:
|
|
|
|
(b)
|
all other images at image resolutions lower than 640 x 480 pixels and with a maximum
of 256 colour palettes,
|
|
|
|
provided that Licensee may also display AAP or AP images at resolutions greater
those set out in clause 2.5(1)(a) provided that the resolution is no greater than
1200 x 900 pixels and the image is marked with the AAP or AP logo (as the case may
be) in a prominent form.
|
|
|
(2)
|
must ensure and procure that all distribution of text, images or videos from the
AAP Service is on terms that Licensee's Users must observe all restrictions imposed
on text, images or videos from the AAP Service set out in this Agreement;
|
|
|
(3)
|
must promptly notify AAP on becoming aware of any material breach by a User of any
of the restrictions;
|
|
|
(4)
|
must, in the case of use of any text, images or videos from the AAP Service in any
MMS, SMS or Apps, provide AP at no cost with the device necessary for the purpose
of monitoring the Authorised Platforms;
|
|
|
(5)
|
must provide reasonable assistance to AAP to stop any Users or others acting in
a manner contrary to clause 2.5(2).
|
3. Usage Restrictions (for Print only licenses)
|
|
3.1
|
Licensee may store text and images from Associated Press for no more than 14 days
except that:
|
|
|
(1)
|
Licensee may display text and images as it appeared in their print publications
on their branded Web Sites for a period of not more than 90 days; and
|
|
|
(2)
|
Licensee may display images from Associated Press for a period not more than 28
days where such use is for supplements provided that such supplements form part
of the newspapers and cannot be sold separately.
|
|
3.2
|
Licensee may store in hard copy form only any selected item (as supplied as part
of the AAP Service) for its own legal or internal editorial research purposes.
|
|
3.3
|
Licensee must ensure that its use of any item from the AAP Service is a faithful
reproduction. The facts, content and intent of any item contained in the Service
must not be changed in form or spirit.
|
|
3.4
|
Items from the Service must not be included in any archive or historical database
for sale or display by Licensee, except that Licensee may electronically store items
from the Service in accordance with clause 2.7.
|
4. Accreditation, Copyright and Disclaimer Notices (other than for Print only licenses)
|
|
4.1
|
Licensee must comply with the following accreditation, copyright and disclaimer
notice requirements:
|
|
|
(1)
|
AAP (subject to sections 4.1(5) and 4.1(6)):
|
|
|
|
(a)
|
accredit AAP for all text used from the AAP Service by displaying the AAP logo (globe
symbol) with a display resolution of at least 50 x 25 pixels in a prominent position
on each page of the Web Site (or in the case of a Mobile Web Site, in an appropriate
size provided that the AAP logo remains prominent and recognisable) where the text
is displayed;
|
|
|
|
(b)
|
provide the further accreditation "Brought to you by AAP"" at either the beginning
or end of each news text item, in the same font and type size as the news text item;
|
|
|
|
(c)
|
include a copyright notice in the form '©[year] AAP' with a hypertext link
from the copyright notice to the detailed notice and disclaimer set out below:
|
|
|
|
|
AAP DISCLAIMER AND COPYRIGHT NOTICE
|
|
|
|
|
AAP content is owned by or licensed to Australian Associated Press Pty Limited and
is copyright protected. AAP content is published on an "as is" basis for personal
use only and must not be copied, republished, rewritten, resold or redistributed,
whether by caching, framing or similar means, without AAP's prior written permission.
AAP and its licensors are not liable for any loss, through negligence or otherwise,
resulting from errors or omissions in or reliance on AAP content. The globe symbol
and "AAP" are registered trade marks.
|
|
|
(2)
|
AP (subject to sections 4.1(5) and 4.1(6)):
|
|
|
|
(a)
|
include a copyright notice in the form '©[year] The Associated Press. All rights
reserved. This material may not be published, broadcast, rewritten, or redistributed.'
with a hypertext link from the copyright notice to the detailed notice and disclaimer
set out below:
|
|
|
|
|
ASSOCIATED PRESS (AP) DISCLAIMER AND COPYRIGHT NOTICE
|
|
|
|
|
Associated Press (AP) text, photos, graphics, audio and/or video material shall not
be published, broadcast, rewritten for broadcast or publication or redistributed
directly or indirectly in any medium. Neither AP materials nor any portion thereof
may be stored in any electronic or other system except for personal, non-commercial
use. AP will not be held liable in any way to the User or to any third party or
to any person who may receive information in Service or to any person whatsoever,
for any delays, inaccuracies, errors or therefrom or in the transmission or delivery
of all or any part thereof or for any damages arising from any of the foregoing
or occasioned thereby.
|
|
|
|
(b)
|
for text, include an attribution notice in the form '(AP)' or 'by the Associated
Press' and the writer's byline where deemed appropriate;
|
|
|
|
(c)
|
for images immediately below the image, the words "Associated Press" and as practicable
with respect to caption space constraints the photographer's byline;
|
|
|
|
(d)
|
for graphics, include a visual representation of the "AP" logo on graphic, or immediately
below, the words Associated Press;
|
|
|
|
(e)
|
for audio, include an on-screen visual representation of "AP audio"; and
|
|
|
|
(f)
|
for video, include a visual representation of the "AP" logo on each frame of AAP
video, or immediately below, the words "Associated Press";
|
|
|
(3)
|
AFP (subject to sections 4.1(5) and 4.1(6)):
|
|
|
|
AFP, include a copyright notice in the form '©[year] AFP' and, in the case
of any image supplied by AFP, include the following notice adjacent to that image
'AFP/AAP', together with '[name of photographer]' if there is sufficient space adjacent
to the image (in Licensee's reasonable opinion), with a hypertext link from the
copyright notice to the detailed notice and disclaimer set out below.
|
|
|
|
|
AFP USER TERMS AND CONDITIONS
|
|
|
|
|
AFP stories and photos shall not be published, broadcast, rewritten for broadcast
or publication or redistributed directly or indirectly in any medium. AFP news material
may not be stored in whole or in part in a computer or otherwise except for personal
and non-commercial use. AFP will not be held liable for any delays, inaccuracies,
errors or omissions in any AFP news material or in transmission or delivery of all
or any part thereof or for any damages whatsoever. As a newswire service AFP does
not obtain releases from subjects, individuals, groups or entities contained in
its photographs, graphics or quoted in its texts. Further, no clearance is obtained
from the owners of any trademarks or copyrighted materials whose marks and materials
are included in AFP photos or materials. Therefore you will be solely responsible
for obtaining any and all necessary releases from whatever individuals and/or entities
necessary for use of AFP stories, photos or graphics.
|
|
|
(4)
|
subject to sections 4.1(5) and 4.1(6), if AAP indicates at the time of transmission
that text, images or videos are sourced by AAP from any other Information Source,
after the text, images or videos, include a copyright notice and disclaimer either
in the form required by Information Source or in an altered but reasonably similar
form, as specified by AAP in relation to the text, image or video;
|
|
|
(5)
|
where the Authorised Platform is the MMS/SMS Platform or Plasma where reasonably
practicable after text, images or videos or a group of text, images or videos supplied
by:
|
|
|
|
(a)
|
AAP, include a copyright and disclaimer notice in the form '©[year]AAP';
|
|
|
|
(b)
|
AP, include a copyright and disclaimer notice in the form '(AP)' or 'by the Associated
Press';
|
|
|
|
(c)
|
AFP, include a copyright notice in the form '©[year] AFP';
|
|
|
|
(d)
|
if AAP indicates at the time of transmission that text, images or videos are sourced
by AAP from any other Information Source, after the text, images or videos, display
the copyright and disclaimer notice required by that Information Source as notified
by AAP in relation to that text, images or videos; and
|
|
|
(6)
|
where the Authorised Platform is the App Platform then Licensee must comply with
sections 4.1(1) to 4.1(4) by including the relevant text in the terms and conditions
of use of the App (whether contained in the App or a link or otherwise).
|
5. Accreditation, Copyright and Disclaimer Notices (for Print only licenses)
|
|
5.1
|
Licensee must acknowledge the source of the items contained in the AAP Service as
follows:
|
|
|
(1)
|
in respect of news items with accreditation in the form:
|
|
|
|
(a)
|
"AAP" where the information source is AAP;
|
|
|
|
(b)
|
"©[year] The Associated Press" where the information source is AP; and
|
|
|
|
(c)
|
"AFP" where the information source is AFP;
|
|
|
(2)
|
in respect of items from any other Information Source, "[Source]/AAP".
|
|
5.2
|
AAP may give Licensee written notice to rectify Licensee's failure to display the
accreditation or copyright notices set out in this clause 5. Licensee must rectify
such failure by the end of the following Business Day upon receipt of written notice.
|
|
5.3
|
AAP may request changes to the requirements set out in this clause 5 at any time
during the Term by notice in writing to Licensee. Licensee must comply with such
notice within 30 days of receipt.
|
6. Information Sources
|
|
6.1
|
In the event that AAP enters into a new agreement or varies an existing agreement
with an Information Source which contains new terms as to the use of Source Material
from that Information Source:
|
|
|
(1)
|
AAP may by notice in writing notify Licensee of any terms (including, if relevant,
restrictions) under such an agreement which may be inconsistent with the terms of
this Agreement or limit the right of AAP to provide all or part of the AAP Service;
and
|
|
|
(2)
|
AAP will, if required by Licensee and subject to any confidentiality obligations
owed to the Information Source, provide a copy of part or all of the agreement with
the Information Source, which may be modified by the deletion of material which
in the opinion of AAP may be commercially sensitive.
|
|
6.2
|
On receipt or deemed receipt of a notice under clause 6.1(1), this Agreement will
be varied to the extent specified in that notice.
|
|
6.3
|
If at any time during the Term, AAP's agreement or arrangement with any Information
Source expires or terminates (Expired Information Source):
|
|
|
(1)
|
AAP may immediately cease supply of text, images or videos derived from Source Material
provided by the Expired Information Source without penalty;
|
|
|
(2)
|
AAP will use commercially reasonable endeavours to locate substitute Source Material;
and
|
|
|
(3)
|
Licensee must on request from AAP remove and delete all copies of text, images or
videos derived from the Expired Information Source from its computer systems and
from any other means of storage in its possession, power, custody or control.
|
|
6.4
|
Except where Licensee is using the AAP Service for the purposes of reporting current
news, Licensee is fully responsible for obtaining at its own cost any necessary
rights clearances from third parties relating to any part/aspect of text, images
or video from the AAP Service which may be protected by proprietary rights, copyright,
neighbouring rights (including, without limitation, moral rights and performers'
rights) or privacy rights prior to the use of such text, images or video by Licensee,
including, but not limited to:
|
|
|
(1)
|
clearances from people whose name, portrait or images or performance appears in
the relevant text, images or video from the AAP Service; or
|
|
|
(2)
|
clearances in respect of musical works, sound recordings, buildings, works of art,
designs, public monuments and/or other inanimate objects contained in the relevant
text, images or video from the AAP Service.
|
7. Sports News Reporting
|
|
7.1
|
AAP's ability to include sporting images as part of the AAP Service is contingent
upon the terms of accreditation imposed by any relevant sporting organisations.
If any sporting organisation imposes any restrictions or limitations on AAP in terms
of AAP's coverage of any sporting events or fixtures, Licensee acknowledges and
agrees that AAP's ability to supply the AAP Service will be similarly limited or
restricted. Additionally, Licensee will comply with any limitations or restrictions
imposed by any sporting organisation and agreed to by AAP in order to gain access
to the event provided that such limitation and restrictions are notified to it by
AAP.
|
|
7.2
|
Licensee acknowledges that AAP's sale of sporting images is subject to the Code
of Practice for Sports News Reporting. Any sporting images Licensee receives from
AAP must not be used for Commercial Use and Licensee must comply with any additional
conditions notified by AAP to Licensee as a condition of using the sporting images.
In particular, Licensee must not use such sporting images in a manner that creates
a false impression that a person or business has a sponsorship, approval or affiliation
with the sport, sporting organisation or the event or any participants in the event.
For the purposes of this clause, "Commercial Use", for the purpose of this clause
7.2, means the sale or production or use of content for advertising or promotional
or merchandising purposes, including:
|
|
|
(1)
|
photographs being used by a non-media organisation on a website or webpage, in a
publication or via some other medium for any purpose other than publishing of news
content on any technical platform including individual publications, web-pages,
digital platforms or print media where that platform or medium is or will be genuinely
and ordinarily used for the publication of news content;
|
|
|
(2)
|
operating a statistics service; or
|
|
|
(3)
|
photographs being used for or in any advertisements, promotional materials, for
merchandise such as memorabilia, collector's cards, calendars, clothing or packaging.
|
|
7.3
|
AAP may immediately cancel Licensee's right to use any sporting images if AAP is
requested by the relevant sporting body or authority to cease using such sporting
images. In these circumstances Licensee must immediately cease using sporting images
included in the AAP Service on. If AAP exercises its rights under this clause 7.3,
AAP will refund to Licensee any Monthly Charges which have been paid which relate
solely to use of sporting images from the AAP Service.
|
8. Trade marks
|
|
8.1
|
The AAP Trade Mark is the exclusive property of AAP. AAP reserves all rights in
it. All use of the AAP Trade Mark under this Agreement is for the sole benefit of
AAP. Licensee must not knowingly or recklessly take any action which is inconsistent
with AAP's rights in the AAP Trade Mark.
|
|
8.2
|
AAP grants Licensee a non-exclusive licence during the Term to use the AAP Trade
Mark:
|
|
|
(1)
|
to the extent reasonably necessary to identify the AAP Services as originating from
AAP; and
|
|
|
(2)
|
otherwise, with the prior written permission of AAP.
|
|
8.3
|
Licensee must not display the name, logo or trade mark or other identifier of any
third party in such a manner as to give the User or viewer the impression that such
third party is a publisher of text, images or videos from the AAP Service on any
pages containing such text, images or videos. This clause is not intended to prohibit
conventional advertising or sponsorships that do not create such impression.
|
|
8.4
|
Licensee must not:
|
|
|
(1)
|
use the AAP name or the AAP Trade Mark;
|
|
|
(2)
|
use the name, logo or trademark of any Information Source; or
|
|
|
(3)
|
make any statement (whether oral or in writing) about AAP, any Information Source
or the AAP Service,
|
|
|
in any external advertising, marketing or promotion materials without the prior
written consent of AAP (such consent which may be withheld by AAP in its absolute
discretion). Materials that are substantially identical to those previously approved
need not be submitted for re-approval.
|
9. Charges
|
|
9.1
|
AAP may, by not less than sixty (60) days prior written notice to Licensee, adjust
the Monthly Charges.
|
|
9.2
|
Subject to clause 9.3, if AAP notifies Licensee of an increase in the Monthly Charges,
Licensee may terminate this Agreement by giving not less than thirty (30) days prior
written notice to AAP, with termination taking effect on the date the increased
Monthly Charges would otherwise have taken effect.
|
|
9.3
|
Licensee may not terminate this Agreement in accordance with clause 9.2 where:
|
|
|
(1)
|
the increase is not more than the increase in the Consumer Price Index All Groups
Index Number for the weighted average of 8 Australian capital cities for the previous
calendar year plus 2%; and
|
|
|
(2)
|
the increase is in accordance with clause 9.4.
|
|
9.4
|
AAP may increase the Monthly Charges immediately by giving Licensee written notice,
with such an increase to take effect from the date of Licensee's written notice,
where the increase is on account of an increase in GST or Taxes.
|
|
9.5
|
AAP may only increase the Monthly Charges in accordance with clause 9.1 once in
any twelve (12) month period.
|