Preamble
The Tasmanian Experiences site (the Site) is designed by Tourism Tasmania to allow contributions from travellers and residents. Contributions will primarily be photos, videos and stories about ‘places’ and ‘experiences’ whilst holidaying or journeying in Tasmania. It is your chance to tell others ‘your story’.
It is also your opportunity to comment and to add value to others’ submissions. Tourism Tasmania expects all users of the Site to treat each other with respect and courtesy. The Site is moderated.
You may contribute to the Site subject to these Conditions of Use. These conditions apply to any content contributed in any format to the Site. Tourism Tasmania may change the Conditions of Use from time to time, at Tourism Tasmania’s sole discretion. Please ensure that you review these Conditions of Use regularly. Your use and continued use of the site and its facilities will constitute acceptance of all variations to these Conditions of Use.
1. Registration and Login Names
1.1 In order to submit content to the Site, you will be required to register and login.
1.2 You should be aware that your posted comments or other submissions can remain online indefinitely and may be found through search engines or online archives. Users must not impersonate another person or including another registered user.
1.3 When registering, a valid email address must be provided.
1.4 Users must be over the age of 18 or have consent from a parent or guardian before they can register with, or submit content to, the Site.
1.5 Tourism Tasmania reserves the right to refuse suggested login names at its sole discretion.
1.6 Tourism Tasmania will not accept any registration that Tourism Tasmania suspects is being made by or on behalf of a user who has been suspended for repeated violation of these Conditions of Use.
2. Passwords and Security
2.1 As a registered user of the Site, you may receive or establish one or more passwords. You are responsible for maintaining the confidentiality and security of your password(s).
2.2 Accordingly, you understand and agree you are fully responsible for all actions and submissions made from your account.
2.3 If you become aware of any unauthorised use of your account, you must notify Tourism Tasmania immediately.
3. Tourism Tasmania’s rights
3.1 You agree to provide to Tourism Tasmania a permanent, irrevocable, royalty free, worldwide, non-exclusive license (including a right to sub-license) to use, reproduce, communicate, adapt or modify any of the material that you post on the Site for any purpose.
3.2 Tourism Tasmania reserves the right to do any of the following at its sole discretion as part of moderating the content on the Site:
(a) select material to be posted;
(b) remove any material at any time and for any reason;
(c) amend, alter, edit or delete any material you submit without consulting with you as the author; and
(d) terminate your access to the site, with or without notice and without any liability to you.
3.3 If requested by Tourism Tasmania to do so, you must bring into existence, sign, execute or otherwise deal with any document which may be necessary or able to give effect to the requirements of these Terms of Use.
3.4 You agree and accept that Tourism Tasmanian (or its authorised licensee) may infringe your moral rights in respect of any material posted by You on the Site. In these Terms of Use the term “Moral Rights” means:
(a) a right of attribution of authorship;
(b) a right not have authorship falsely attributed; or
(c) a right of integrity of authorship granted to creators under the Copyright Act 1968 (Cth).
4. Use of and repurposing of content posted
4.1 You agree that Tourism Tasmania may re-present or cross-post submitted content, in whole or in part, on any other site it operates, and to distribute any words, photos and videos submitted as part of Tourism Tasmania’s role in marketing of the State of Tasmania.
4.2 This may or may not be limited to other channels such as Facebook, Twitter, YouTube, or Flickr streams (broadly described as Social Media).
5. Your obligations
5.1 You will not:
(a) Post any material on the site:
(i) that is not original material in which you own copyright or that you are otherwise authorised by law to post;
(ii) which infringes the intellectual property rights of any third party;
(iii) that compromises your privacy or contains inappropriate personal information such as phone numbers, mail or email addresses;
(iv) that is unlawful, or makes reference to illegal activities, or which is prohibited by these Conditions of Use;
(v) that is offensive, abusive, obscene, defamatory, threatening, indecent or which is sexual or pornographic in nature;
(vi) that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(vii) that contains profanity or spiteful remarks;
(viii) that advertises or wholly promotes any goods or services, websites, competitions, schemes or any other commercial matter; or can be interpreted as a review or advocacy of a single product or service.
(ix) that contains false, misleading or deceptive information or misinformation or rumour;
(x) that you do not have a right to post because of any law or arising out of a contractual obligation;
(xi) that contains viruses, or other malicious code, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(xii)that is political in intent
(xiii) that seeks to directly solicit donations
(b) Engage in spamming, flaming or any other hostile activity in relation to the site; or in any way engage in or particpate in any activities which bring the site into disrepute. This includes placing links to material which is not in the interests of Tourism Tasmania or other site users, or is non-tourism related.
5.2 Any children’s contributions to the Site should be supervised by an adult.
6. Liability for Material
6.1 Tourism Tasmania does not endorse the views or material contained in users’ contributions.
6.2 Tourism Tasmania:
(a) is not responsible for, and does not accept any liability in respect of, any material posted on this site; and
(b) does not check the content or accuracy of any such material, beyond compliance to contribution policies as part of site moderation.
6.3 You may be held legally responsible for the content you submit.
7. Disclaimers
7.1 The material contained on this site is for general discussion purposes only. You should not rely on any material contained on this site and Tourism Tasmania accepts no responsibility or liability whatsoever for any loss or damage you may suffer as a result of your reliance on any material posted on the Site.
7.2 Tourism Tasmania makes no representations or warranties:
(a) in relation to any of the material on the Site (including any warranties as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
(b) that the material is virus free. You should take your own precautions in this respect and we accept no responsibility for any malicious code that may be introduced into your system by visiting the Site.
8. Access
Although we will do our best to provide constant, uninterrupted access to the site, we cannot and do not guarantee this and accept no responsibility or liability for any interruption or delay.
9. Liability and Indemnity
9.1 You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Conditions of Use or any other legal obligation by you or your use of or conduct on the Site.
9.2 You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising from:
(a) the use of or access to, or any inability to use or access, the Site or any material on the Site;
(b) unauthorised access to or alterations of your transmissions or data; or
(c) statements or conduct of any third party on the Site.
10. Copyright
10.1 Material published on the internet is protected by the same laws of copyright which apply to books, videos and music. The right to “copy” always remains with the owner of the material. Unless expressly stated otherwise, you are not permitted to copy or republish anything you find on the internet without the copyright owner’s permission.
10.2 If you wish to refer to material on someone else’s website you should include an attribution in your contribution.
10.3 Under Australian copyright law, limited quotation is permissible in the context of genuine review and criticism.
10.4 When you submit content, in any format, you acknowledge that you have all necessary rights, including copyright, in the material that you are contributing to the Site.
11. Comments and Complaints
Should you have any comments or complaints about this Site, please use the Site ‘Contact Us’ facility.
12. General
12.1 These Conditions of Use are governed by the law of Tasmania and you submit to the jurisdiction of the Courts of Tasmania.
12.2 Tourism Tasmania is committed to protecting the information it collects in accordance with its obligations under the Personal Information Protection Act 2004 (Tas). You are referred to http://www.tas.gov.au/stds/pip.htm for more detail on the Tasmanian Government’s Personal Information Protection policy. Personal Information is required from you in the context of processing your application for a ‘username’.
Your site user profile allows you to control how much information is revealed by your activity on the Site.
12.3 The Site owner is Tourism Tasmania – Level 2, 22 Elizabeth Street, Hobart, Tasmania, 7000. ABN 58 800 480 938
In these Terms and Conditions the term ‘Tourism Tasmania’ includes the statutory authority established pursuant to section 4 of the Tourism Tasmania Act 1996 and, where the context permits, the Crown in Right of Tasmania.
