Conditions of use for Wine Australia’s Digital Asset Management System (DAMS)

1. This is a legal agreement between you (‘you’) and Wine Australia (ABN  89 636 749 924) (‘we’,’us’)) governing the use of Wine Australia’s Digital Asset Management System (DAMS) and the ‘Assets’ accessible through that system.

Licence

2. When you sign up to DAMS and when you download Assets from DAMS, you need to tell us what you will use it for. Once we approve this use, this becomes the ‘approved use’ and you can only use the Asset in accordance with the approved use without coming back to us.
3. Should you download Assets from DAMS you acknowledge and agree that you shall not be permitted to use the Assets in ‘above the line’ advertising which shall include but not be limited to advertising in mass media environments or using the Assets for advertising on channels such as broadcast, outdoor and digital advertising.
4. Unless otherwise stated, Assets downloaded by you from DAMS are licensed to you for the approved use via a fee free, royalty free, non-transferable, and non-exclusive licence. This means that:

1. you can’t provide someone else with the Asset – they need to come to us; and
2. you can only use the Asset for the purposes stated in your application and approved by us.

Additional restrictions

5. If additional restrictions are indicated in relation to an Asset (such as you must attribute the author/creator), you also need to comply with those conditions of use.
6. You can’t alter, modify or adapt material obtained via the DAMS without the prior consent of us.
7. The rights and permissions granted to you under these terms are personal. Unless otherwise agreed, the material accessed via DAMS may not be assigned, transferred, sublicensed or re-sold or otherwise made available for use or distribution separately.
8. One copy of each Asset may be made for backup purposes only. Assets must not be downloaded to create, establish or form any part of an online interactive stock photo library.

Warranties and indemnity

9. We warrant the digital copy of the Asset in the form downloaded by you to be free from defects at the time it is accessed. The sole and exclusive remedy for a breach of this warranty is the replacement of the digital copy of the Asset. We make no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a purpose, any warranty as to the minimum or maximum amount of time during which this site shall be accessible to you, and/or any warranty as to whether or not you shall be able to instantaneously download any Asset from this site at all times.
10. To the extent permitted by law, we shall not be liable to you, your principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising from you accessing downloading or using Assets.
11. You agree to indemnify us against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by us because:

1. you or your Principal's or any authorised person's use of an Asset, data file, or other material contained on this site;
2. you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by these Terms; or
3. any other matter arising out of these Terms.

Moral rights

12. It is acknowledged that the photographer of the Asset may have certain moral rights in the Asset in certain jurisdictions. In recognition of this, where indicated, a credit line in the following form must appear adjacent to the Asset in respect of each use of the Asset:

Photo: [INSERT NAME OF PHOTOGRAPHER OF ASSET]

Privacy

13. We will collect, use, disclosure of your personal information will be in accordance with the privacy laws in Australia and Wine Australia’s Privacy Policy

Jurisdiction

14. These terms are governed by the laws of South Australia in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of South Australia.

Termination

15. We can terminate a licence issued through our DAMS at any time if we think you are now complying with these terms or if we think you are using an Asset in a way that is not in the best interests of the Australian grape and wine community.
16. Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately:

1. stop using the Asset, and
2. delete the Asset.