Museum Memories Terms of Use

These Terms of Use (“Terms”) govern your submission of content to Museum Memories (“the Gallery”) a gallery of stories, images and recordings marking the Australian Museum’s 200th anniversary. By submitting your images and captions/comments (“Content”) to the Gallery through the Museum Memories digital submission form (“Submission Form”) you accept these Terms.

"You" and "your" means the person submitting the Content 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 Gallery as featured through the website (australian.museum) and on the Museum premises.

The following Terms set out:

1. Content Guidelines and Moderation Policy for Museum Memories
2. Ownership, Copyright and Licence Grant
3. Use of your Content
4. Privacy and Data Protection
5. Disclaimer
6. General

1.1 Submission of text, images and/or audio recordings must follow Content Guidelines and Moderation Policy for Museum Memories set out in this clause 1. The AM will moderate all Content received through the Submission Form to the best of its ability, which means that your Content will not be published instantly on the Gallery website. This is to ensure that the Content is compliant with these Terms and relevant to the subject matter of the Gallery.

1.2 Participation in the Gallery means that you consent to these Terms. If you are under 18 years of age, then your parent or guardian accepts these Terms and the Privacy Policy on your behalf.

1.3 Submissions by AM staff are submitted in a personal capacity as a recollection or memory, and do not represent an official AM statement. Staff submissions must not disclose confidential AM information.

1.4 We reserve the right to remove or edit your Content without further reference or notification to you.

1.5 Your Content must not:
(a) be defamatory, malicious, threatening, offensive, abusive, obscene, lewd, in bad taste or otherwise unlawful or violate any laws; (b) be deemed sensitive or highly political; (c) be insulting, hateful or intimidating towards any person, including through profanity or explicit material; (d) be misleading, deceptive or intentionally false, including as to the AM’s activities or history; (e) contain spam, advertising or promote commercial products or services; (f) disclose personal information about, or identify, any other individual without their consent (please refer to others by first name only or a pseudonym unless you have their express permission to name them); (g) compromise your own privacy or safety, or that of any child; or (h) infringe the intellectual property rights of any third party.

1.6 We reserve the right in our absolute discretion to determine whether your Content will be used or published, or modified, including format, length and any editing for clarity, length or display purposes.

1.7 If you become aware of Content that may breach these Terms, you can report it to feedback@australian.museum.

2.1 You represent that you are the copyright owner of the Content you submit to be displayed in the Gallery, or that you otherwise have all necessary rights and permissions (including the express permission of any identifiable person appearing in your Content, or their parent/guardian if that person is a minor) to submit it and to grant the licence below, and you are not infringing any person’s rights by submitting the Content to us. You indemnify the AM in the event a third party claims that your Content infringes their rights.

2.2 You retain copyright and all other rights in your Content. You are free to continue to use and share and commercialise your Content elsewhere as you wish.

2.3 By submitting Content, you grant the AM a worldwide, non-exclusive, royalty-free, sublicensable and irrevocable licence in perpetuity, 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 Gallery and to promote the AM and its objectives more generally, such as reproduction in AM’s annual report or on its website to illustrate its history.

2.4 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.

2.5 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, format or type of use.

2.6 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.
(a) 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. (b) 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. (c) If you are interested in using AM Content other than for personal, non-commercial use, please contact: imagerequest@australian.museum with details of your proposal.

3.1 If published, your Content may be used by the AM:

(a) on the AM website;
(b) on screens or displays within the AM premises, including in exhibition halls;
(c) on AM’s social media channels, as a promotion or share of the Gallery;
(d) on third-party platforms, including as part of media placements or promotional stories about the Gallery or the AM’s 200th anniversary; and
(e) in AM publications and reporting relating to the Gallery or the AM’s 200th anniversary.

3.2 AM will determine, in its discretion, whether, when, and in what form your Content is published or displayed under this clause 3.

3.3 Your Content contributed to the Gallery is displayed publicly along with the authorship information provided in the Submission Form.

3.4 By submitting your Content, you understand and acknowledge that if your Content is selected for publication to the internet in connection with Museum Memories, it may be publicly accessible worldwide, indexed by search engines, and copied and used by any web user, and that once published, the Australian Museum has no control over its subsequent use and disclosure.

4.1 Any personal information AM collects from your participation in the Gallery, including any details provided to receive further information or AM marketing updates, will be used and stored in accordance with AM’s Privacy Policy.

4.2 Our Privacy Policy forms part of these Terms and it describes how we use your personal information when you submit Content for the Gallery. 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.

4.3 By submitting Content and providing your contact details, you consent to:

(a) your details (and, where relevant, your Content) being held by the AM for the purposes of contacting you about your submission and its use in the Gallery, and storing a record of your submission; and
(b) receiving email communications from the AM relating to your submission to the Gallery, such as emails confirming receipt of your submission and/or notifying you if your Content has been published to the Gallery.

5.1 The Gallery, linked websites, and third party submissions (including your Content) are intended primarily to provide information for general and educational use, to assist public knowledge and discussion about the AM’s history and role in the community, and develop promotional and marketing materials in celebration of the AM’s 200th anniversary.

5.2 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 any external or third-party site or platform on which Content is displayed.

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

5.4 The Gallery is provided on an “as is” and “as available” basis. AM has no obligation to resolve faults in the Gallery. You understand and agree that you submit Content at your own risk and that you will be solely responsible for any damage or loss whatsoever that results from such submission. AM disclaims, 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 Gallery and any content contained therein.

5.5 Under no circumstances will AM 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, or use of, the Gallery. This disclaimer is subject to any statutory guarantee AM may be subject to at law which in the case of services provided to consumers cannot be excluded or modified.

6.1 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.

6.2 Any presence of email addresses within the content collected for the Gallery does not infer consent to send unsolicited commercial electronic messages (“spam”) to those addresses.

6.3 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 or make the Submission Form or Gallery available.

6.4 We may change these Terms at any time by updating this page and by notifying you when you next access the Submission Form and/or the Gallery. By continuing to participate in the Gallery, you indicate your acceptance of these Terms. If you do not accept these Terms, please do not submit Content through the Submission Form.

Find out more about the Museum Memories.