The functionality on this website, mobile website and application (Website) is provided by Destination NSW (ABN 52 890 768 976) of Level 2, 88 Cumberland Street, Sydney NSW 2000 (Destination NSW).

Where references in these Terms and Conditions is made to “we”, “us”, “our” or “Vivid Sydney”, then that is a reference to Destination NSW.

By using this Website, you agree with us to be bound by these Terms and Conditions, the privacy policy (Privacy Policy) and any other terms and conditions that appear in or are linked to the Website. If you do not agree to these Terms and Conditions then you should discontinue use of this Website.

You agree to use the Website solely for your own personal, non-commercial use and agree: (a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us; (b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist); (c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party; (d) not to upload or post to the Website any audio, video, images, information, material or other content (Content) of any kind other than of a personal nature, provided that you agree not to upload or post any Content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter; (e) not to upload or post to the Website any Content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity; (f) not to upload or post to the Website any Content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law; (g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; (h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and (i) not to impersonate any person or entity or falsely misrepresent yourself.

You warrant that you are over the age of 13.

With respect to the Website, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the site that is not your User Content. You agree that where required by law, we shall be entitled to deliver or provide access to any content, information or other materials uploaded or posted by you (User Content) and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

The Intellectual Property may only be used or reproduced by you for non-commercial personal use. No part of this website or Intellectual Property may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent.

All User Content uploaded, posted or submitted to the Website by you as User Content will as between you and us, be your property, and you hereby grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason). You must not upload, post or submit to the Website any content that would infringe the intellectual property rights of any other person.  By uploading, posting or submitting any User Content to this Website, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to us under these Terms and Conditions.

Any information that we collect from you, User Content, or personal information (as defined in the Privacy Policy) will be held by us in the strictest of confidence.

As part of the Terms of Use, you also give us certain permissions to use your Content (images, photographs, videos including audio).

We do not claim ownership and copyright of your Content, but you grant us a non-exclusive, royalty-free, worldwide, revocable non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and/or reproduce, your content, including editing, compiling and assembling video works, interstitials or the use of photographic works as underlying works compiled into moving image without limitation in any online media formats (including e-newsletters) and through any social media channels, pages or accounts. If you have any moral rights in the Content, you consent to us doing any act that but for this consent would be an infringement of those moral rights.

Content will continue to appear if you shared it with others and they have not deleted it.

If your Content is used on Destination NSW’s digital or social platforms, your name and/or business will always be credited. We may also choose at our sole discretion to link back to your website or business social media profile.

Destination NSW may, at its discretion attach logos or other branding devices on photos or videos.

You can revoke this licence at any time by contacting us in writing at legal.procurement@dnsw.com.au and informing us that you no longer want us to use your content.

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products and Instagram, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.