Terms and conditions

Please read these terms and conditions before submitting any content in any form or medium to the Corporation of the City of Adelaide (Council). By submitting any content to Council, you acknowledge that you have read and understood and agree to comply with, and be bound by, the following terms and conditions. Council reserves the right to update or modify these terms and conditions at any time without prior notice to you. Submitting any content to Council following any such change constitutes your agreement to the terms and conditions as changed. You agree that in consideration for Council considering to publish your content in accordance with these terms and conditions, that you will not receive any payment or fee for service.

1. Discretion

Council reserves the right at any time to not proceed or to discontinue with publishing any content you submit. All content submitted to Council will be reviewed and Council will consider and decide whether it will be published. The publication of any content is at the sole discretion of Council. You agree that Council will not be liable to you or any third party for its decision. Council also reserves the right to remove any content which has been published at any time without providing notice or reasons to you.

2. Content

By submitting content to Council, you warrant that:

  1. The content is your own original work and that neither it, nor any exploitation or use which Council might make of it, will infringe any person’s rights (including but not limited to intellectual property, privacy, performance, data protection or any other right) or any law;
  2. The content is not defamatory of any person or entity;
  3. The content is unique and will be exclusively available to Council and has not been published elsewhere on the internet or any other medium; and
  4. The content does not contain:
    • anything abusive or threatening;
    • anything that is or can be seen to be sexist, racist, homophobic, obscene or likely to harass or cause distress or be disruptive; or
    • any material which is offensive, hateful, knowingly false or encourages conduct that would constitute a criminal offence or otherwise violate any law.

3. Content Rights

  1. By posting or submitting content to Council (regardless of the form or medium with respect to such content, whether text, videos, graphics, photographs, audio or otherwise), you grant Council, its agents and contractors a non-exclusive, irrevocable, perpetual, royalty free, sub-licensable, worldwide licence to use, reproduce, amend, adapt, translate, display, store, distribute, publish or license any content you submit to Council in any format (including without limitation print and electronic format) for any purpose, including marketing and promotional purposes. You agree that Council may make the content available in Adelaide Living as well as in other publications and/or media or social media, provided Council provides attribution to you as the author (Attribution Right) as Council considers appropriate.
  2. You are free to store and allow access to your content on databases for personal purposes provided nothing competes or conflicts with the rights you have granted Council or causes you to breach these terms and conditions.

4. Intellectual Property

By submitting content to Council, you warrant that:

  1. You are the sole owner and author of the content;
  2. You are the sole original copyright holder of the material in question, and you own the legal rights to use or distribute the material and information;
  3. You have the necessary licences, rights, consents and permissions to use and authorise Council to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all such content to enable Council the publish the content in the manner contemplated by Council and these terms and conditions; and
  4. Without limiting your Attribution Right, you consent to and unconditionally and irrevocably waive any past, present or future acts or omissions by Council in relation to the content that would otherwise constitute infringement of any of your moral rights.

If someone violates your copyright, you are solely responsible for taking legal action to protect your interests. Further information on copyright can be found at the following link: https://www.copyright.com.au/about-copyright/

5. Indemnity

  1. You agree to indemnify and hold harmless Council, its agents, officers, employees and representatives, from and against all claims, liability, losses, expenses, damages and costs, including reasonable legal fees, arising from or related to any content submitted by you, or any breach by you of these terms and conditions (including any warranties).
  2. Council will not be liable for any loss or damage of any nature whatsoever, including without limitation damages relating to incidental loss, indirect loss, consequential loss, special or punitive damages of any kind, lost revenues or profits, loss of business or data arising from your submission of the content, your use of Adelaide Living or otherwise related to Adelaide Living.
  3. While Council can delete content, you remain solely responsible for the content that you submit to Council and you agree to indemnify Council with respect to any claims and all loss arising from Council posting the content submitted by you.

6. Your photo

You agree that Council can use an image of you (which has been submitted by you) in association with your content for purposes of publicity, promotion and any other activity related to the exercise of its rights under these terms and conditions or otherwise associated with Adelaide Living.

7. General

  1. Without limiting either party's equitable rights and remedies in relation to confidential information, you agree not to disclose these terms and conditions or other arrangements between you and Council without the prior written consent of Council (which may be withheld in its absolute discretion), except as required by law or to professional advisers to obtain advice.
  2. Council will be entitled to assign its rights under these terms & conditions to third parties without your consent.
  3. These terms & conditions are governed by the laws of South Australia and the parties agree to submit to the exclusive jurisdiction of the courts of South Australia.
  4. In the event of any clause or any part of a clause of these terms and conditions being deemed to be invalid, illegal, unlawful or otherwise incapable of enforcement, that clause or part of a clause shall be deemed to be severed and to be of no force and effect. All other clauses and parts of clauses shall nevertheless prevail and shall remain in full force and effect and no clause or part of a clause shall be construed to be dependent on any other clause or part of a clause unless stated in these terms & conditions.