#CapturingClimateChange Terms of Use

These Terms of Use (“Terms”) govern your engagement with #CapturingClimateChange (“the Exhibition”) whether through the website (www.australianmuseum.net.au) or Social Media (@australianmuseum). By submitting your images and captions/comments (“Content”) to the Exhibition through any of these means you accept these Terms.

"You" and "your" means the user and "we", "us" or "our" means the Australian Museum Trust trading as Australian Museum (ABN 85 407 224 698) of 1 William St, Sydney, NSW 2010 Australia (AM), as the originator and operator of the Exhibition as featured through the website (www.australianmuseum.net.au) or Social Media (@australianmuseum).

The following Terms set out how the AM will deal with:

  1. Website and Social Media Moderation for #CapturingClimateChange: Guidelines and policy
  2. Privacy and Data Protection
  3. Disclaimer
  4. General

Website and Social Media Moderation for #CapturingClimateChange: Guidelines and policy

1.1 Submission of images and captions, or commentary on submitted images must follow the Website and Social Media Moderation for #CapturingClimateChange: Guidelines and policy. The AM will moderate all Content received through its website and Content sourced from Instagram which contains the hashtag #CapturingClimateChange to the best of its ability, which means that your Content will not be published instantly on the Exhibition website. This is to ensure that the Content is compliant with these Terms and relevant to the subject matter of the Exhibition.

1.1.1 Participation in this Exhibition means that you consent to the Terms. If you are under 18 years of age, then your legal guardian accepts these Terms and the Privacy Policy on your behalf.

1.1.2 If you breach these Terms, we reserve the right to remove or edit your Content without further reference or notification to you.

1.2. You represent that you own the Content you submit to be displayed on the website (www.australianmuseum.net.au) or Social Media (@australianmuseum) or have permission to use any material included in your Content (and that you have the express permission of anyone appearing in your Content) and that you are not infringing any person’s rights by submitting the Content to us. You indemnify the AM in the event that a third party claims that your Content infringes their intellectual property rights. You grant us a worldwide, irrevocable, non-exclusive, sub-licensable, royalty-free licence to use and reproduce, perform, communicate, publish and adapt the Content submitted throughout the world, in any media and any format in relation to the Exhibition and to promote the AM and its objectives more generally, such as reproduction in AM’s annual report or on its website to illustrate climate change. In the event the AM wishes to use your Content for commercial purposes, the AM will contact you to negotiate a separate commercial licensing agreement.

1.3 AM reserves the right in its absolute discretion to determine whether your Content will be used or published, or modified.

1.4 You retain copyright and any other rights you hold in your Content and can continue to share and commercialise your Content as you wish.

1.5 We will endeavour to provide you with appropriate credit when using your Content, though you understand and agree this may not always be possible due to considerations of space or type of use.

1.5 Your Content contributed to the Exhibition is displayed publicly along with the authorship information linked to your Instagram or other social media platform user profile.

1.6 Your Content must:

1.6.1 not be defamatory, malicious, threatening, offensive, abusive, obscene, lewd, in bad taste or otherwise unlawful or violate any laws;

1.6.2 not be deemed sensitive or highly political;

1.6.3 not be intentionally false or misleading ;

1.6.4 not advertise commercial products and services;

1.6.5 not infringe on the intellectual property rights of any third party; and

1.6.6 not compromise the privacy of any person or contain inappropriate personal information.

1.7 The AM is not liable to respond to or engage in discussions that do not, directly or indirectly, relate to the AM’s objectives. The Exhibition’s objective is to create a safe and positive platform for engagement and discussion around the important subject of climate change.

1.8 Some AM staff may post Content through their own personal social media profiles. Despite their professional affiliation with the AM, their posts do not represent the official position of the AM and should be considered the product of each individual as a private citizen.

1.9 All intellectual property rights in the content, software and systems owned by or licensed to the AM, including logos, images, names, designs, trademarks and copyright (AM Content) are reserved to the AM and our licensees.

1.9.1 AM Content is provided for your personal, non-commercial use only. Unless you have our written permission, you may not otherwise reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble AM Content.

1.9.2 You agree not to remove, obscure, or alter any copyright notice or trademark on any AM Content you access and use. You also agree not to use AM Content in a way that implies endorsement by the AM or any person included in the materials.

1.9.3 If you are interested in using AM Content other than for personal, non-commercial use, please contact: webteam@austmus.gov.au with details of your proposal.

Privacy and Data Protection

2.1 Any personal information acquired by us from your participation in the Exhibition, including entering your details to receive further information and AM marketing updates will be used and stored in accordance with the AM’s Privacy Policy.

2.2 Our Privacy Policy forms part of the Exhibition’s Terms and it describes how we use your personal information when you submit Content for the Exhibition Whenever you give us personal information you are expressly consenting to its collection and use in accordance with our Privacy Policy. Please refer to the AM’s Privacy statement here .

Disclaimer

3.1 The Exhibition, linked websites, AM Content and third party submissions (including your Content) are intended primarily to provide information for general and scientific use, to assist research, public knowledge and discussion on the subject of climate change.

3.2 We do not endorse the views or material contained in the contributions of members of the public or third party sites. We are not responsible for the content, availability or performance of external sites linked to or hosting the Exhibition.

3.3 The Exhibition may be terminated, suspended, limited or modified at any time without notice to you. The AM does not warrant that the Exhibition will be available, uninterrupted, secure or error-free or that the Exhibition will be compatible with all devices or software which you use to access the Exhibition.

3.4 The Exhibition is provided on an "as is" and "as available" basis. AM has no obligation to resolve faults in the Exhibition. You understand and agree that you submit Content to the Exhibition at your own risk and that you will be solely responsible for any damage or loss whatsoever that results from such use to you, your devices and systems. We disclaim to the fullest extent permitted by law all guarantees, warranties or representations of merchantability, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of the Exhibition and any content contained therein.

3.5 Under no circumstances will we accept any liability to you or any other person for any loss, damage, costs and expenses that you or anyone else may suffer or incur from reliance on the Exhibition or the use of the Exhibition. This disclaimer is subject to any statutory guarantee we may be subject to at law and which in the case of services provided to consumers cannot be excluded or modified.

3.6 If you find comments or images that may violate these Guidelines and Policy, you may report it to webteam@austmus.gov.au.

General

4.1 These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia which shall have exclusive jurisdiction over any disputes. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.

4.2 Any presence of email addresses within the Exhibition does not infer consent to send unsolicited commercial electronic messages ("spam") to those addresses.

4.3 You must not try to circumvent the security features of the AM website or social media accounts, or tamper with, hack into, or in some other way disrupt any computer system, server, website, router or other device used to host the Exhibition or make it available.

4.4 We may change these Terms at any time by updating this page and by notifying you when you next log into the Exhibition. By continuing on to the Exhibition, you indicate your acceptance of these Terms. If you do not accept these Terms, please do not continue to on to the Exhibition.