POWERHOUSE MUSEUM API TERMS OF USE

These are the general terms of use (Terms of Use) for the Museum or Applied Arts and Sciences (Powerhouse Museum or we or us) application programming interface (API).

Under these Terms of Use, the Powerhouse Museum will make available to third parties (you) its API to enable you to develop tools for querying, locating and accessing data, including without limitation text and graphic still and moving images and video content (Content) that the Powerhouse Museum makes available on any website controlled or managed by the Powerhouse Museum from time to time (collectively the Website) and make that Content available on the Developer's website or application (Your Website).

These Terms of Use comprise a binding agreement between you and the Powerhouse Museum and by agreeing to these Terms of Use you agree to adhere to its provisions for so long as you use the API in connection with the Website.

Registration

Registration Process: To use the API you must first register by completing the registration form (Application). The Powerhouse Museum may approve or reject an Application in its absolute discretion. You represent that all information provided in the Application is true, correct and complete and that the Application is being made in your own name. If the Application is made on behalf of an incorporated company, body or other organisation, then you represent that you have the authority and capacity to bind that company, body or organisation. You consent to the Powerhouse Museum using the information provided in the Application to verify your identity, or the identity of your company, body or organisation. If any information contained in your Application becomes incorrect at a later date or the contact details for your company, body or organisation changes, then you agree to promptly notify the Powerhouse Museum at api@phm.gov.au.

API Keys: If your Application is approved, then we may issue you with one or more unique identifiers (API Keys) so that you may use the API to access the Content. The API Keys are personal to you and cannot be used by or transferred to any other person without the express consent of the Powerhouse Museum. You are responsible for ensuring the safe-keeping of your API Keys, and for any losses or damages arising from the loss, theft, misplacement or misuse of your API Keys that you or your body, company or organisation incur or suffer. If your API Keys are stolen, you should immediately notify us at api@phm.gov.au and we may issue you with replacement API Keys, although we are under no obligation to do so.

Licence

If your Application is approved and you are issued with API Keys, then you may access the Content, implement the API on Your Website and distribute the Content to end users of Your Website (Users) without charge by you or any other person for non-commercial use (Licence). The Licence also gives you a right to display the Powerhouse Museum trade mark in relation to your use of the Content, but only to the extent that the Powerhouse Museum trade mark appears in any Content on the Website and in accordance with the Powerhouse Museum's brand guidelines as set out on the Website. The Licence granted to you is personal, non-exclusive, non-transferrable, royalty free and worldwide.

The Licence granted in accordance with these Terms of Use is subject to the following conditions:

  • (a) The restrictions contained in this section of these Terms of Use are subject to the Creative Commons Licences, below. If there is any inconsistency between the provisions of this section and the terms of the Creative Commons Licences, then the Creative Commons Licences will prevail to the extent of any inconsistency;
  • (b) You must not seek to, or in fact access the source code of the API or on-supply (whether for any consideration or not) the API, or the source code for the API to any person without the express consent of the Powerhouse Museum;
  • (c) You must not retain any copies of the Content, only cache it for no longer than 30 days;
  • (d) Your right to the Content is strictly limited to making direct server calls to the API (using the API Key) for the Content and to distributing the Content to Users immediately upon receipt of Content by your servers or Your Website;
  • (e) All Content that is located on Your Website must include a link back to the location of the Content on the Website and you must identify all Content on Your Website as originating on the Website;
  • (f) If the Content is removed from the Website or no longer available to be viewed by the general public, then you shall ensure that it is also removed from Your Website as soon as possible;
  • (g) The Powerhouse Museum may limit the number of API calls made by you in any given hour and in the Powerhouse Museum's sole discretion;
  • (h) All Content will be provided to Users on Your Website on an ‘as is' basis and include disclaimers in accordance with the restrictions and disclaimers provided in these Terms of Use;
  • (i) If Your Website requires Users to register in order to view any Content, you must not charge Users to access Your Website and, in particular, the Content and you must supply the Powerhouse Museum with a login and password for Your Website;
  • (j) You must not use the Content on Your Website in conjunction with any product, good or service, or in order to sell or solicit the sale of any product, good or service and you must not offer any of the Content for sale or licence to any User or any other person;
  • (k) You must not in any way alter, modify, adapt, reverse engineer or in any other way manipulate any Content (including any warning or notices on the Content)or in any way associate the Content with other content, including any trademarks owned or controlled by the Powerhouse Museum or other persons;
  • (l) You must not redistribute the Content to any person, whether for valuable consideration or otherwise;
  • (m) You must not use the Content in any way that breaches any Australian law in force at any time, including without limitation, laws pertaining to privacy, fair trading, tobacco, anti-discrimination or acts of terrorism. You must also ensure that the Content is not used in association with, or permit any other person to use the Content in association with, any political party or organisation, any gambling or gaming service or used in any way that may be construed as pornographic, indecent, inappropriate in the circumstances or offensive or in breach of any classification requirements applying to online content;
  • (n) You must not violate or seek to violate the security of the API or the Website.

 

Creative Commons Legal Codes

Any Content on the Website that is licensed pursuant to:
A Creative Commons Legal Code: Attribution Non-Commercial licence CC BY-NC http://creativecommons.org/licenses/by-nc/2.5/au/ (the Creative Commons Licence) is provided to you for use on Your Website in accordance with the terms of the Creative Commons Licence. Content licensed under the Creative Commons Licence is identified on the Website as being licensed under the Creative Commons Licence. Content that is not identified as being licensed the Creative Commons Licence is not subject to the Creative Commons Licence and is subject to the restrictions contained above in paragraphs (b)-(n) of the Licence section of these Terms of Use.

By including or using Content the subject of the Creative Commons Licence, you agree to be bound by the terms of the relevant Creative Commons Licence. The Creative Commons Licence is available by clicking the hyperlink above or by visiting: http://www.creativecommons.org/licences/. You also agree to include appropriate credit information on Your Website in relation to Content that is licensed under the Creative Commons Licence, including a link to the relevant Creative Commons Licence, as appears on the Website. An example of the appropriate credit is included below:

 

This text content licensed under CC BY-NC.

Breaches by Users or other persons

If you become aware that a User or any other person accessing Your Website is in breach of these Terms of Use, then you agree to promptly:

  • (a) notify the Powerhouse Museum;
  • (b) take such reasonable action as is necessary and advisable in the circumstances, at your expense, to remedy that breach; and
  • (c) comply with reasonable directions of The Powerhouse Museum in relation to any breach.

 

Intellectual Property Notifications

You agree that all Content displayed on Your Website must be in accordance with the Powerhouse Museum's rights and permissions policy http://www.powerhousemuseum.com/imageservices/?page_id=157 and must, at a minimum, always include both the credit line where either the item's title or its image or image thumbnail is displayed as well as a link back to the item on the Website and a reference to "Powerhouse Museum".

Intellectual Property Rights

The Powerhouse Museum owns, or has licensed, all relevant intellectual property rights in and to the API, the Content and the Website, including without limitation, copyright in the API and to the Content. The Licence granted under these Terms and Conditions does not permit you, or any other person, to interfere or deal with the intellectual property rights of the Powerhouse Museum in the API, the Content or the Website except as expressly permitted under these Terms and Conditions.

Nothing in these Terms and Conditions expressly or impliedly transfers any intellectual property rights in the API, the Content or the Website.

Disclaimer

The Powerhouse Museum makes no warranty, express or implied, nor assumes any legal liability:

  • (a) For any computer viruses contained in or on the API, the Content or the Website or any other harmful components or defects contained therein;
  • (b) To remedy any errors or defects in the API, the Content or the Website;
  • (c) If your ability to access the Content or the Website using the API is interrupted or subject to any errors or defects;
  • (d) For any delays, inaccuracies, errors, omissions, deletions or defects in the API, the Content or the Website;
  • (e) For any theft, destruction, damage or unauthorised access to your computer, computer network or system.

 

Content on the Website is provided to you on an ‘as is' basis and the Powerhouse Museum does not warrant or represent that the API will meet your requirements or that you will be able to access any Content or the Website via the API. The Powerhouse Museum expressly disclaims all and any warranties or representations of any kind with respect to the API, the Content and the Website.

Nothing in these Terms and Conditions will exclude or limit the Powerhouse's liability that arises at law or under any regulation. Where any law or regulation imposes liability on the Powerhouse Museum, then the extent of the Powerhouse Museum's liability will be limited to the maximum extent permitted by that law or regulation.

Limitation of Liability

You agree that the Powerhouse Museum and any subsidiary or affiliate of the Powerhouse Museum and their respective successors and assigns, officers, directors, employees, licensees, agents, and contractors (PHM affiliates) are, to the extent permitted by any law or regulation in force from time to time, not liable to you or to any person claiming through you for any damages, whether direct, indirect, consequential, exemplary or punitive that you, or any person claiming through you, may suffer or incur however caused. These damages include loss of earnings, loss of profit, loss of goodwill or business reputation, loss of data or the cost of any replacement goods or services.

Release and Indemnity

To the maximum extent permitted by law, you:

  • (a) release and waive all claims against Powerhouse Museum and the PHM affiliates from any and all liability for claims, damages (direct, indirect and consequential), costs and expenses (including litigation costs and legal fees) of every kind and nature, arising from or in any way related to your access to and use of the API and the Content; and
  • (b) expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect.

 

You unconditionally indemnify and hold Powerhouse Museum and the PHM Affiliates harmless from any claim, costs, losses, damages, liabilities, judgments, and expenses (including reasonable fees of lawyers and other professionals), arising out of or in connection with any claim, action, or proceeding (any and all of which are Claims) by a third party arising out of:

  • (a) your use of the API or Powerhouse Museum Content,
  • (b) your breach of the terms and conditions of these Terms of Use, or
  • (c) any Claim that your implementation or use of the API or Powerhouse Museum Content violates any applicable law, including, but not limited to, infringing the rights of a third party.

 

You will cooperate fully if reasonably required in the defence of any Claim. Powerhouse Museum reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnity by you. You acknowledge that damages for improper use of the API or any Content may be irreparable, and therefore, Powerhouse Museum is entitled to seek equitable relief in addition to all other remedies.

Technical Support

Nothing in these Terms of Use, or in the provision of the API, implies any obligation on the Powerhouse Museum to provide you, or any person claiming through you, with technical or support with respect to the API, the Content or the Website. You acknowledge and agree that the Powerhouse Museum is under no obligation, and gives no guarantee, to provide you with any support relating to the API, the Content, the Website or Your Website.

Fees

The Powerhouse Museum reserves the right to charge fees to use the API to access the Content or the Website, or to access the Content or the Website directly. We will notify you by email or on the Website if we propose to charge any fees to use the API or to access the Content or the Website.

Revised Version of the API

You acknowledge and agree that the Powerhouse Museum may issue a revised or replacement API at any time. We will notify you by email or on the Website of any revised or replacement API and issue you with new API Keys if required.

Suspension and Termination

The Powerhouse Museum may unilaterally suspend or terminate your use of the API, the Content or access to the Website at any time and for no reason. If we suspend or terminate your use of the API, then we will disable your API Keys.

General Terms

By completing the Application, you agree that you have the full legal authority to be bound by these Terms and Conditions. The Powerhouse Museum may alter these Terms of Use at any time. If the Powerhouse Museum revises these Terms of Use, then we will post the revised Terms of Use on the Website. You agree to be bound by the version of the Terms of Use that are applicable and available on the Website from time to time and for so long as you access the API.

These Terms of Use are governed by New South Wales law. These Terms of Use, as well as the any additional terms that govern your use of the Website, constitute the entire agreement between the parties with respect to their subject matter.

You must not assign or otherwise transfer any of your rights or delegate your obligations under this agreement. You and Powerhouse Museum are not legal partners or agents, but are independent contractors.

These Terms of Use were last modified on October 16, 2010, and are effective immediately.