Terms of use overview

All Assets (as defined below) are free to use as long as all applicable terms of use, licence requirements and usage instructions are followed and all appropriate permissions are obtained.

✓ All Assets must be used strictly for the promotion and marketing of tourism and/or inward investment to Wales.

✓ All assets must not be used past the Expiry date of the asset.

✓ All use of Assets must comply with any additional licence terms and/or instructions for use which may be attached to an individual Asset.

✓ All use of Assets must comply with the Brand Guidelines and these Terms and Conditions.

WELSH GOVERNMENT DIGITAL MEDIA LIBRARY: TERMS AND CONDITIONS

ATTENTION:

Before using this Welsh Government Digital Media Library (“WG DML”), please read all applicable terms and conditions carefully. These terms and conditions ("Terms and Conditions") apply to Your access to and use of the WG DML and by accessing and using this WG DML You agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, You must not use this WG DML. Your attention is also drawn to Welsh Government website terms and conditions which govern the overall use of any of Our website(s) and/or app(s)https://beta.gov.wales/terms-and-conditions?lang=en. These Terms and Conditions must also be read together with Our Privacy Policy https://wales.com/en-us/privacy-statement.

1. Definitions

In these Terms and Conditions: 

• “Assets” means the photographs, artwork, images, still footage, moving footage, film, audio-visual, video digital items (image, footage clip or design file) and any other media items available to be accessed through this WG DML (and includes any digital images created from Assets); and "Asset" shall be construed accordingly).
• "Brand Guidelines" means the Welsh Government Brand Guidelines https://www.dropbox.com/s/ntmcgv1qckmb0wv/Wales_Brand_Guidelines_April_2017.pdf?dl=0;
• "Expiry Date" means the expiry date attached to Your use of any Asset, as notified to You when that Asset is made available for use by You/or the date of expiry of the maximum usage period of 36 months; whichever is applicable.
• “this WG DML” means the digital media library available through the following URL: https://assets.wales.com, and the Assets therein.
• "‘We’ /‘Us’/ ‘Our’" means Welsh Government.
• “Welsh Government” means the Welsh Ministers, whose principal office is at Crown Buildings, Cathays Park, Cardiff CF10 3NQ.
• "You" means the person or entity allowed registered access to this WG DML and the employer or principal of any such person.

2. Ownership of this WG DML

2.1 As between Us and You, this WG DML is owned by Welsh Government and operated in-house by the Visit Wales Digital Content Team (email: imagesupport@gov.wales). All of the Assets and content displayed or featured as part of this WG DML; including, but not limited to, text, graphics, photographs, data, logos, music, video, layout, source code, moving images, illustrations and software is owned by Welsh Government, its licensors or its content providers.

2.2All elements of this WG DML are protected by copyright, trade marks, moral rights and other intellectual property rights. No part of this WG DML (unless permitted by another written agreement between You and the Welsh Government) may be copied, modified, adapted, reproduced, stored, distributed, printed, displayed, performed, published, communicated or retransmitted by any means other than as expressly permitted under these Terms and Conditions.

3. Use of this WG DML

3.1 By registering and using a login and password to access and download Assets from this WG DML You are entering into a binding agreement between You and Us. If You are an employee or agent working on behalf of an organisation you must have appropriate authority to accept these Terms and Conditions on your employer’s or principal’s behalf. If You do not have the appropriate authority or you do not wish to be bound by these Terms and Conditions please e-mail Us (imagesupport@gov.wales) to that effect within 24 hours and We shall delete Your username and password so that You cannot access this WG DML. You can also delete Your account at anytime by selecting “Delete My Account” from Your account profile page within this WG DML. You will need to log in to Your account to do this. Downloading any material and/or Assets using Your username and password will be deemed acceptance of these Terms and Conditions.

3.2 Your registration is personal to You and You are responsible for protecting the confidentiality of Your login and password details. You must keep Your password confidential and not disclose it to any third party. You may not allow others to use Your login and password to access this WG DML and You agree to take all reasonable steps to prevent unauthorised access. You accept all responsibility for all activity under Your registration and account. You will be held responsible for any infringement arising from downloads of material from this WG DML by third parties using Your login details with or without Your permission. You agree to indemnify Us against any claims or losses arising out of Your failure to keep Your password and account details confidential.  

3.3 By registering on this WG DML, and agreeing to these Terms and Conditions, You agree to provide accurate and current information (which We may use to verify Your identity when You use this WG DML) and you are representing that You have the authority to agree these Terms and Conditions on behalf of Your organisation and that You will keep all registration and account information up to date. 

3.4 Any personal data that You supply will be kept on a database for the purpose of allowing us to verify Your identity when You use this WG DML and in accordance with all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018.

3.5 Upon completion of Our registration process You may use copies of the Assets in this WG DML on and subject to these Terms and Conditions.

3.6 You must not use this WG DML for any purpose which is unlawful or which will cause damage to the operation of this WG DML by way of a virus, corrupted file or by any other means.

3.7 You must not sell, exchange, trade, auction or otherwise dispose of Your WG DML account.

3.8 We reserve the right to immediately terminate Your registration (a) if You die; (b) if You (or your employer or principal) become bankrupt, have a receiver appointed, or enter into a voluntary or compulsory liquidation or other form of insolvency arrangement; (c) if You fail to perform any of Your obligations under these Terms and Conditions within 28 days of Our giving You notice to comply; or (d) with immediate effect at our sole discretion without liability to You. In the event of termination you are no longer allowed to access this WG DML, all rights granted will immediately revert to Us and any further use of and/or exploitation of any Asset by You shall constitute an infringement of copyright.

4. Use of Assets

4.1 These Terms and Conditions apply to all users of this WG DML and of any Assets obtained from this WG DML. 

4.2 You may only use Assets once You have completed a full registration and agreed to any related terms of use for individual Assets. You shall be permitted to use the Assets for the following purposes only:

(a) non-commercial tourism related use and/or for the purposes of promoting Wales as a visitor destination; and/or

(b) non-commercial related use and/or for the purposes of promoting inward investment to Wales; and/or  

(c) non-commercial activity only (a ‘commercial activity’ means where payment is (or is agreed to be) received or paid for the marketing activity, and/or media space, and/or advertising space, and/or publication (as a whole) in which the Asset appears. Use of the Assets is provided for non-commercial activity only). Any other use of the Assets, or content of this WG DML, is strictly forbidden.

(d) Assets can only be used for the specific purpose for which they were originally requested and must not be stored or used for any other purpose without specific prior agreement from the Visit Wales Digital Content Team (email: imagesupport@gov.wales).

4.3 You must satisfy Yourself that all necessary rights, model releases and/or consents which may be required for reproduction are obtained and that the use of any Asset is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to Your use of the content, names, text, people, trade marks or copyright material depicted in any Asset. 

4.4 Any unauthorised use of the Assets (including, but not limited to, promotion of non-tourism related, non-inward investment related or commercial products, or defamatory or obscene use) is strictly prohibited and You will indemnify Us in respect of any claims, damages, losses, costs or expenses We may incur arising from any use of Assets by you in any manner which is not in accordance with these Terms and Conditions.

4.5 All Assets and information provided in this WG DML are either Crown Copyright and the property of the Welsh Government or the property of its licensors and/or its content providers. The moral rights of all authors of the works represented in this WG DML have been asserted. 

4.6 You must credit "© Hawlfraint y Goron / © Crown copyright (2022) Cymru Wales" and/or the author if specified by Us when an Asset is used. Such credit must appear either alongside the image or within a 'credit section' within the article or publication in question.

4.7 If You fail to credit Crown Copyright and/or the author a licence fee will be payable in respect of the relevant Asset. This will be calculated by reference to normal stock photography rates and determined at Our sole discretion.

4.8 You may NOT use watermarked Assets in any final products for distribution in printed or electronic format either inside or outside Your company or organisation without prior written permission from Us. You may not modify or remove any visible or invisible electronic watermark. 

4.9 You must adhere to any stipulations or restrictions which are detailed in preview captions or may be attached to downloaded Assets (in the IPTC information fields, readable using Adobe Photoshop's "File Info" and other types of software). These may include such warnings as "Editorial Use Only". In such a case the use of the Assets for a non-Editorial purpose (e.g. advertising) is not permitted and by accepting these Terms and Conditions You undertake to indemnify Us and Our licensors and content providers against any legal action or other costs which may result from such unauthorised use.

4.10 The reproduction by whatever means of the whole or any part of any Asset (including, without limitation: projection, artist's reference, artist's illustration, layout or presentation of Assets) is strictly forbidden for any purpose that is not expressly permitted by these Terms and Conditions and/or any documents referred to herein.

4.11 In the event that You utilise any Asset in any way that we consider is not allowed by these Terms and Conditions, we shall notify You of such breach of these Terms and Conditions and You shall immediately cease such use and, at our option, destroy any copies of the Asset in Your possession or control.  We reserve the right to seek damages through legal channels unless You agree to reimburse Us, as liquidated damages, a sum equal to five (5) times the market value price charged under normal stock photography rates as determined by Us; or such other sum as we may reasonably determine to reflect the flagrancy of any breach. If You fail to make the payment as outlined above, within ten (10) working days of Us invoicing such fee, We reserve the right to commence legal action for copyright infringement and/or breach of contract, together with legal fees and all associated costs.

4.12 Reproduction rights unless otherwise agreed in writing are:

a) subject to these Terms and Conditions and any other terms and conditions relating to the delivery of the Assets,

b) non-exclusive reproduction or publication rights for up to 36 months only, commencing on delivery of the Assets. You must provide accurate usage information when requested. Further usage beyond 36 months will require You to repeat the order process. Failure to do so will incur a licence fee as determined by Us.

c) personal to You and not assignable by You to any third party.

4.13 You may not redistribute or sublicense any Asset supplied by Us or downloaded from this WG DML other than with Our express permission.

4.14 If We agree that You may license the use of any Assets to any third party, You shall enter into an agreement with such third party on terms no less onerous than those set out in these Terms and Conditions to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the relevant Assets to personal use only and allowing use of those Assets only as allowed by these Terms and Conditions; forbidding the assignment, resale, rental and lending of the Assets and ensuring that the appropriate credit is given to Us and the author.

4.15 Assets shall not be altered or manipulated, added to, or have any part deleted without Our prior written consent.

4.16 If requested, you must provide Us on reproduction or publication of any Asset with at least one complimentary copy or link to any publication in which the reproduction or publication of any Asset appears to imagesupport@gov.wales. 

4.17 For any editorial uses, You may not reproduce any Assets from this WG DML for any negative tourism related articles and/or commercial articles. This is entirely at Our discretion and in this event, We reserve the right charge a licence fee as reasonably determined by Us for such non-compliant use and/or to revoke Your right to use any Asset and/or Your user registration with immediate effect.

4.18 If any Asset featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, You must accompany each such use with a conspicuous statement that indicates that the person is a model and the Asset is being used for illustrative purposes only.

4.19 To the extent that Your use of the Assets (or any of them) gives rise to any intellectual property rights You agree that such rights shall vest in Us and You hereby assign all such rights to Us.  You agree to execute all such documents and do all such acts as We may reasonably require to complete the vesting of such rights in Us.

5. Disclaimer

5.1 This WG DML and its contents (including the Assets) are provided 'as is' and We hereby exclude to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. No functions within this WG DML are warranted to be without error or always available.

5.2 We have no obligation to You to make this WG DML or any Assets available. We may, in Our absolute discretion and at any time edit, refuse to display or remove any part of this WG DML (including your material) as We deem appropriate.

5.3 We shall use reasonable efforts to ensure that the Assets incorporated within this WG DML are as accurate, correct and reliable as possible but We make no representations and give no warranties as to the Assets' accuracy, correctness and/or reliability.

5.4 Assets are available in various file sizes. However, We cannot guarantee that an Asset will be available in a size required for Your usage.

5.5 You acknowledge that if you rely on this WG DML or any Assets or other material available through this WG DML, You do so at your own risk.

5.6 Whilst We take reasonable care in the performance of Our obligations under these Terms and Conditions, We shall not be liable for any loss or damage suffered by You or by any third party arising from Your use or reproduction or publication of this WG DML and/or any Assets.

6. Indemnity and Limitation of Liability

6.1 You agree to defend, indemnify and hold Welsh Government, its subsidiaries and affiliates and their officers harmless from all damages, liabilities and expenses (including reasonable legal fees and costs), arising out of or as a result of claims by third parties relating to Your use of this WG DML and/or the Assets outside the scope of these Terms and Conditions or arising out of any other breach of these Terms and Conditions.

6.2 To the maximum extent permitted by law, We will not, under any circumstances, be liable (whether for breach of contract, negligence or otherwise) for any damages or losses (howsoever caused) which You may directly or indirectly suffer in connection with (a) any use of, or inability to use, this WG DML, the Assets or any other material available on or through this WG DML; or (b) any action or decision taken as a result of accessing or using this WG DML, the Assets or any other material available on or through this WG DML.

6.3 If the limitation of liability in paragraph (2) above is held to be invalid in whole or in part, then Our maximum aggregate liability to You for all damages, losses, costs, and expenses (other than for any damages, costs and expenses that cannot be limited at law) will not exceed one pound sterling (£1.00).

7. Digital Use of Assets

7.1 You acknowledge that Assets are Our (or Our licensors' or content providers') intellectual property.  As such, any intellectual property rights In any digital images created from the Assets ("Digital Assets") will vest in Us, Our licensors or Our content providers (as the case may be).

7.2 You may not create, store or transmit Digital Assets without Our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by Us. If permission is granted the following conditions apply:

7.3 Each Digital Asset created by You shall not be renamed and must be recorded and labelled with the Asset reference number used by Us and Our copyright credit information as an integral part of the Asset file, and held on an electronic database under Your sole possession and control.

7.4 You agree to destroy all Digital Assets in Your possession or control (including any pre-press or pre-production copies of the Assets and any copies or records of the images held on a database) upon the Expiry Date or earlier termination of your right to use the relevant Asset or Your account for this WG DML.

8. Use of Marketing Media, Images & Footage supplied by You to Welsh Government

8.1 You and We may agree to include media, images and footage produced by You in this WG DML.

8.2 To allow Us to use media, images and footage supplied by You on any of Our websites or in Our print publications, or for storage in this WG DML, or otherwise for marketing Welsh tourism and/or non-commercial purposes, You shall complete the Copyright Usage Request Form (available here https://www.dropbox.com/s/p2eyxtfmw4y69wv/Cymru%20Wales%20Image%20Copyright%20Form%20-%20English.docx?dl=0 )and send to the Visit Wales Digital Content Team (email: imagesupport@gov.wales), namely:

i. Permission to use images and footage supplied to the Welsh Government.

8.3 You must ensure that you have all necessary rights (including appropriate licences) to submit or supply the relevant material to this WG DML and to allow its use as an Asset by users of this WG DML in accordance with these Terms and Conditions and the documentation referred to herein.

8.4 By uploading, submitting, creating, modifying or transmitting any material to this WG DML, You (a) grant Us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable licence to publicly display, communicate to the public, and make the material available (by all means now known or hereafter developed) to other users of this WG DML and other users of Our services in such manner as We may permit from time to time; and (b) acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your material, or for the granting of the rights set out above.

8.5 We shall use reasonable endeavours to ensure that any material You provide to us and which Is included in this WG DML is accessed and used in accordance with these Terms and Conditions and that you are credited accordingly.

8.6 You are solely responsible for the material that you make available through this WG DML. You represent and warrant that any material you make available (a) does not infringe any copyright, privacy right, or any other right of any third party; and (b) does not contain any matter which is defamatory, offensive, unlawful or that may damage Our reputation.

8.7 You agree to fully indemnify Us from and against any and all third party claims, liability, damages costs and expenses arising from Your actions or the material that You make available to Us for Inclusion in this WG DML. 

8.8 We may, in Our absolute discretion, remove any material (including your material) or Assets from this WG DML at any time. 

8.9 If We engage and/or commission You to create, edit and produce image(s) and/or video(s) (the “Production”) for use on any of Our websites, in Our print publications, for storage in this WG DML, or otherwise for marketing Welsh tourism and/or non-commercial purposes, You shall agree to the terms and conditions as set out in the applicable commissioning agreements; and specifically the assignment of any copyright generated. 

9. General

No variation of these Terms and Conditions shall be effective unless agreed in writing.

9.2 Any failure or delay in exercising or enforcing any of Our rights under these Terms and Conditions will not be deemed to be a waiver of such rights nor prevent their exercise or enforcement in future.

9.3 Should any disagreement arise between Us and You, such disagreement should in the first instance be referred to senior representatives of each of Us and You for resolution.  If no resolution is achieved, we shall, if we both agree, enter into mediation in good faith to settle such dispute. 

9.4 All information held by Us is subject to the requirements of certain access to information legislation, including the Freedom of Information Act 2000 (the "Information Laws"). You acknowledge that We may be obliged under the Information Laws to disclose information relating to all or any part of any Assets, Your use of this WG DML and/or any information, media, images and footage You provide to Us or submit using this WG DML (including the details provided by You when You sign up to this WG DML and any Assets submitted by You). You acknowledge and agree that We shall  be responsible for determining in Our absolute discretion whether any information requires to be disclosed in accordance with the provisions of the Information Laws, and that nothing in these Terms and Conditions shall prevent Us from disclosing (and We shall not have any liability to You in connection with the disclosure of) any information pursuant to the Information Laws.

9.5 These Terms and Conditions shall be governed by the laws of England and Wales and You and We hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.

These terms of use were last updated on 28 March 2019.