Terms and conditions

This is a legal agreement between you ("you") and Clarence Valley Council, a NSW Local Government Area constituted by the Local Government Act 1993 of 2 Prince Street, Grafton NSW 2460. You should read this Agreement in its entirety before you download any Content, including video, copy, photographs, documents or footage appearing on the Clarence Valley Council Image Library ("Content"). By clicking on the “I agree” check box, you agree to be bound by the terms and conditions of this Agreement. If you do not agree you cannot proceed with using this platform.

Clarence Valley Council warrants that it is the copyright owner of the Content, or it has the permission of the copyright owners of the Content to enter into this agreement with you.

If you enter into this Agreement to use Content in accordance with the terms of this Agreement on behalf of another person (“Principal”), the licence granted and restrictions and limitations set out below apply to your Principal as well as to you as a representative of your Principal. Should you cease to be authorised to act on behalf of your Principal, your Principal must continue to abide to the terms and conditions under this Agreement if your Principal continues to use the Content.

You warrant that you are authorised to enter into this Agreement and to use any Content pursuant to this Agreement. You hereby indemnify Clarence Valley Council for any loss, claim, damage or action arising as a result of any lack of authority to enter into this Agreement to use any Content pursuant to this Agreement. You hereby indemnify Clarence Valley Council for any loss, claim, damage or action arising as a result of any breach of this Agreement committed by your principal.

In this Agreement, “you” refers to and includes you, your Principal and any third party as the context permits.

In this Agreement, “Content” refers to any material made available in the Clarence Valley Council Content Library, and “Asset” refers to an individual photograph, image or video file made available for download from the Clarence Valley Council Content Library.

Grant of licence

  1. The Clarence Valley Council grants to you a non-transferable and non-exclusive licence to use the Content you have selected on the terms and conditions of this Agreement. Should the licence be renewed or updated, or if the terms and conditions of this Agreement are updated or amended, you will be required to enter into a new licence and/or accept the revised terms and conditions via writing including via email.

Scope of licence

  1. The Content may be used only for the purpose described in your application and authorisation notification or as otherwise notified to Clarence Valley Council. The Content may only be used for the positive promotion of the Clarence Valley.

Limitation of licence

  1. Content must be reordered once it has been used for a period up to a maximum of one (1) year.
  2. Defamatory, libelous, scandalous, misleading, pornographic or otherwise unlawful use of Content is prohibited. The Content must not be used in any way that misrepresents, exploits, or causes reputational harm to the region, its people, environments, or communities.
  3. The use of any logo or trademark appearing in the Content must be used in a manner permitted by the logo or trademark owner. This licence does not grant any rights to use any logos or trademarks and therefore you must seek the written approval of the logo or trademark owner.
  4. You shall not copy (electronically or otherwise) the Content except for the purpose described in your application and authorisation notification.
  5. You shall not alter, modify or adapt the Content without the prior written consent of Clarence Valley Council.
  6. You shall not disclose the Content to any third party without the prior written consent of Clarence Valley Council and you shall take all reasonable efforts to prevent the disclosure of the Content to an unauthorised third party and/or the use of the Content by an unauthorised third party.
  7. The rights and permissions granted to you under this Agreement are personal. Except as specifically provided in this Agreement or as otherwise agreed in writing by Clarence Valley Council with you, the Content may not be assigned, transferred, sold, sublicensed or re-sold or otherwise made available for use or distribution separately or detached from a product or web page.
  8. One copy of each Asset may be made for backup purposes only but may be used only if the original Asset becomes defective, destroyed or otherwise irretrievably lost. The Asset must not be downloaded to create, establish or form any part of an online interactive stock photo and video library, nor may it be used in relation to any business similar to or in competition with that operated by the Clarence Valley Council at the Clarence Valley Council Image Library.

Fees

  1. Clarence Valley Council grants to you a licence to use the Content subject to the terms and conditions of this Agreement, in consideration of any fee payable in respect of the Content. At present, no fees apply unless otherwise specified under a prior written agreement between you and Clarence Valley Council. The Agreement to purchase a licence to use the Content shall be deemed to be concluded at the time at which you download the Content from the Clarence Valley Council Image Library.
  2. Fees owing to Clarence Valley Council for the purchase of a licence to use Content will be deducted from your nominated bank account in accordance with the credit card details provided by you to Clarence Valley Council upon accessing the Clarence Valley Council Image Library.
  3. Payment of any fee or price owing to Clarence Valley Council for the purchase of a licence to use Content entitles you to use the Content, subject to the terms and conditions of this Agreement. All fees and prices are subject to change at the sole discretion of Clarence Valley Council.

Warranties and indemnity

  1. To the fullest extent permitted by law, Clarence Valley Council makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranty as to the minimum or maximum amount of time during which the Clarence Valley Council Image Library shall be accessible to you, and/or any warranty as to whether or not you shall be able to instantaneously download any Asset from the Clarence Valley Council Image Library at all times. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction.
  2. To the extent permitted by law, Clarence Valley Council 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 out of this Agreement or otherwise.
  3. You warrant that you will not access, view, download or attempt to download an Asset, datafile, or other material from the Clarence Valley Council Image Library which is in any way prohibited by or which breaches the laws of the jurisdiction in which you are currently situated and/or permanently reside and/or conduct business and/or intend to use the Content.
  4. You hereby agree to indemnify Clarence Valley Council against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by Clarence Valley Council as a result of: (a) you or your Principal's or any authorised person's use of Content; (b) you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or (c) any other matter arising out of this Agreement.
  5. Use of the Content must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights.

Moral rights – Acknowledgments & Credits

  1. Clarence Valley Council owns the copyright in the Content or has otherwise obtained the necessary rights from the copyright owner to enter into this Agreement with you. It is acknowledged that the individual creator of an Asset (for example, the photographer) may retain certain moral rights under applicable laws. You warrant that you will not, through your use of the Asset, infringe any such moral rights, including by altering or using the Asset in a manner that is derogatory, misleading or prejudicial to the creator’s honour or reputation.
  2. In recognition of the creator's moral rights, a credit line in the following form must appear adjacent to the Asset in respect of each use of the Asset:

CREDIT: Clarence Valley Council / [INSERT NAME OF PHOTOGRAPHER OF ASSET]

“Clarence Valley Council” must not be abbreviated to “CVC” in any instance.

  1. For any Content used to promote the Clarence Valley as a tourism destination on social media, Clarence Valley Council's tourism account “@myclarencevalley” must be tagged and the hashtag “#myclarencevalley” must appear adjacent to the Content in respect of each use, for example by being included in the primary caption of the post and positioned in a way that clearly attributes the Content. "My Clarence Valley” must not be abbreviated to “MCV” in any instance.

Privacy

  1. Please refer to Clarence Valley Council’s privacy statement and management plan, available at www.clarence.nsw.gov.au, which complies with the Privacy and Personal Information Protection Act 1998 (NSW).

Jurisdiction

  1. This Agreement is governed by the laws of the State of New South Wales in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.

General

  1. If Content is found to be defective, contact Clarence Valley Council within three business days for replacement or correction. All rights to Content are owned by the Clarence Valley Council and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.
  2. Clarence Valley Council and the Content’s creator(s) retain all rights not expressly granted by this Agreement.

Termination

  1. The licence contained in this Agreement will terminate automatically with written notice from Clarence Valley Council if you, or your Principal if you are licensing on behalf of another person, fail to comply with any provision of this Agreement.
  2. Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately:

(a) stop using the Content, and

(b) delete the Content and all copies of it from all magnetic media and destroy all other copies or, upon the request of Clarence Valley Council, return all such copies to Clarence Valley Council.

(c) delete or replace all digital and printed Content with defined licence expiry dates upon expiry. Users will receive notification in advance of the expiry date. Continued use of a expired Content constitutes a breach of these terms and conditions and may result in suspension or termination of access to the Clarence Valley Council Image Library. Clarence Valley Council reserves the right to discontinue the use of any Content for any reason and/or elect to replace the Content with an alternate Content or modify the Content.

(d) Upon notice from Clarence Valley Council of any discontinuance of a licence for Content, the licence to use discontinued Content contained in this Agreement will terminate and you, and/or your Principal agree not to use the Content in the future in any manner or form whatsoever. Notice will be provided by way of email (via the address which you have provided).

First Nations Talent

  1. Clarence Valley Council Content may feature people of Australian Aboriginal or Torres Strait Islander descent (‘First Nations Talent’). In the event of the First Nations person who has passed their family can contact Clarence Valley Council to arrange removal or grant permission for the continued use of the First Nations Talent’s image on Clarence Valley Council Image Library by emailing communications@clarence.nsw.gov.au. This means that Clarence Valley Council may in its absolute discretion, and without notice, instruct you, and your principal if you are licensing on behalf of another person, to permanently remove any Clarence Valley Council Content featuring the First Nations Talent from its material, regardless of whether the material is in electronic or hardcopy format. Please refer to the Australia Council's Protocol for using First Nations Cultural and Intellectual Property in the Arts for more information.
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Acknowledgement of Country

We acknowledge the Bundjalung, Gumbaynggirr and Yaegl people as the Traditional Owners of  
the land on which we live and work. We honour the First Nations peoples' culture and connection  
to land, sea and community. We pay our respects to their Elders past, present and emerging.

© Clarence Valley Council 2026

*Disclaimer: The information on this website is presented in good faith and on the basis that Clarence Valley Council, nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in this website. Clarence Valley Council wishes to advise people of Aboriginal and Torres Strait Islander descent that this website may contain images of persons now deceased.