Welcome to Generator, a studio space to explore and create the moving image.
Welcome to the ACMI Generator (the "Site"). The Site is operated and presented to users by the Australian Centre for the Moving Image (“ACMI”).
Children under the age of 13 must have a parent or guardian register for them in order to register on the Site.
1. Access to the Site
By using the Site and any of the content or materials contained on it, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to:
(2) ACMI’s privacy notice, found at http://www.acmi.net.au/privacy.htm and
(3) other rules and requirements specified in this Site. You also agree that, in your use of the Site you will comply with all applicable local, national, and international laws and regulations.
In order to access some features of the Site, including uploading Content to and downloading Content from the Site, you must register. You may not use another person’s registration without permission. When registering, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your registration, and you must keep your password secure. You must notify ACMI immediately of any breach of security or unauthorized use of your registration.
3. Display Names
If you wish to register with this Site, ACMI recommends that you use a pseudonym (not your real name) as your display name, provided always that you should not intentionally use the name of another person.
ACMI may refuse to register display names it considers inappropriate. Display names that contain obscenity, abuse, defamatory content, copyright infringement or brand names or registered trade marks may not be accepted.
4. Variations to This Site
ACMI may change information on and access to this Site, without notice.
http://generator.acmi.net.au/terms-of-use. If you do not agree to such changes you should give notice of your cancellation of your registration within the 7 day period. Use of the Site after the changes become effective will be taken as acceptance of the changes.
5. Uploading of User-Created Content
If you wish to submit your Content to this Site you must:
a) complete the appropriate Upload Form;
b) obtain and retain all necessary fully completed authorisations and consents as referred to in the Upload Form; and
c) enter into either a Viewing Only Licence (Video Gallery) or a Creative Commons Attribution - Non Commercial Licence (Free Media Library) with ACMI in respect of that Content.
By doing so you are allowing ACMI and End Users authorised by ACMI to use that Content in accordance with the licence you have granted.
A description of the Licence Types can be found at: http://generator.acmi.net.au/licence-types
5.1 In uploading Content to this Site you represent and warrant to ACMI that:
a) you own all of the intellectual property rights or have the necessary licence to grant a Viewing Only or Creative Commons Attribution - Non Commercial Licence with
ACMI and you have obtained all necessary permissions, authorisations and consents to licence use of the Content to ACMI.
b) Use of the Content by ACMI and its sub-licensee in accordance with the uploading of Content do not infringe the intellectual property rights of any third party or
breach any contract or any legal or equitable obligation;
c) The Content is not defamatory, obscene, abusive, invasive of another persons privacy or illegal.
d) The Content is not advertising material and does not endorse any commercial goods or services or solicit custom for any business enterprise, and is not being licenced for any commercial purpose.
e) You agree to indemnify and keep indemnified ACMI and any such licensee of ACMI against any liability, costs (including legal costs), claims, actions and damages arising from a breach by you of this licence or from any representation or warranty made by you being untrue or from use of the Content uploaded to the site.
f) You shall be solely responsible for your own Content and the consequences of posting or publishing it.
6. User Comments and Tags
ACMI allows Registered Users on this Site to post comments and attach Tags (“User Comments and Tags”). The opinions expressed in the User Comments and Tags are not necessarily those of ACMI. ACMI is not responsible for, and cannot warrant the accuracy of, any information contained in any User Comments and Tags.
7. Moderation of Uploaded Content and User Comments and Tags by ACMI
ACMI reserves the right to assess the quality of and to moderate, and at its sole discretion, to accept, modify or reject Content or User Comments and Tags. There may be some delay in posting your User-Created Content while it is assessed and moderated and ACMI reserves the right not to post it at all.
Your Content, User Comments and Tags may be edited, removed or not published if ACMI considers them to be:
(a) defamatory or otherwise unlawful, or violating any laws regarding harassment, discrimination, racial vilification, privacy or contempt;
(b) abusive, offensive or obscene;
(c) deliberate provocation of other Site Users;
(d) compromising your privacy, the privacy of other Users or of ACMI staff, or containing inappropriate personal information;
(e) an infringement of intellectual property rights or copyright.
(f) intentionally false or misleading;
(g) seeking to endorse or promote commercial products, services or activities; or
(h) a posting made on behalf of a User whose registration has been terminated or suspended. This may lead to you also having your registration terminated.
8. Removal of Content
ACMI will not knowingly allow on the Site any Content which infringes the Licence referred to in Clause 5, which related to that Content.
9. Access and Use of Content
“Viewing only” licence (Video Gallery)
9.2 When you access content (the Licensed Content) marked "Viewing Only" licence, you accept a limited non-exclusive licence to:
(a) provide a link to the Licensed Content either through the use of embedding technology or via a standard HTML link and display/communicate the link to the world,
(b) copy, upload and download the selected Licensed Content; and
(i) incorporate of the Licensed Content in part or in its entirety into other materials; and
(ii) distribute, communicate, publish, perform and display the Licensed Content to the world – for any educational purpose during the term of the licence.
“Creative Commons Attribution - Non Commercial” licence (Free Media Library)
9.3 When you access content (the Licensed Content) marked "Creative Commons Attribution - Non Commercial", you accept a limited non-exclusive licence in accordance with the full licence terms for a Creative Commons Attribution - Non Commercial 3.0 Australian licence outlined at http://creativecommons.org/licenses/by-nc/3.0/au/legalcode to:
(a) download, remix, alter and re-use the Licenced Content in your own work for educational and other non-commercial purposes;
(b) share the Licenced Content by copying, distributing and communicating it to others;
(c) attribute the author of the Licenced Content as outlined under the above linked licence terms.
9.5 ACMI may terminate the licence granted to you at any time without giving any reason for doing so.
9.7 You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content on the Site.
9.8 User Comments and Tags are made available to you for your information and personal use. User Comments and Tags may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ACMI Generator Site or otherwise as prohibited under this Agreement.
10. No Warranty
10.1 Except as required by non-excludable, statutory warranty, ACMI makes no warranty or representation:
a) as to the accuracy or authenticity of any of the Site Content;
b) as to the functionality or operation of this Site or the features contained in it;
c) that the Site Content is free from viruses or defects; or
d) that access to this Site will be uninterrupted.
ACMI is not responsible for any loss or damage you may incur as aresult of your use of this Site or your use of or reliance on the Site Content.
11. Full Screen Format
11.1 You must not display the information on this Site other than in full screen format. The information contained in this Site is not to be displayed within a frame of
another Site without ACMI's permission.
12. Links To and From This Site
12.1 This Site includes links to other websites, including those operated by other Government bodies, non-Government organisations and individuals.
12.2 Each linked website has its own terms and conditions of use, and you must ensure that you comply with them.
12.3 Each link to another website is provided by ACMI for assistance only. In providing those links, ACMI does not endorse or make any representation or warranty regarding the products, services or information available via any linked website, or in respect of the owner or operator of that website.
12.4 ACMI is not responsible for any loss or damage arising from your use of or access to any linked website.
13. Account Termination Policy
14. Applicable law
16. Further Information
For further information about these conditions of use contact "rights [at] acmi.net.au"
"ACMI Site" means the ACMI Generator Site having the URL http://generator.acmi.net.au
"Content" means audio, video, images, text and any combination of these or other material.
“Creative Commons Attribution - Non Commercial Licence” means the Licence set out in Clause 9.3
"End Users" means Registered Users who have been granted a sub licence by ACMI to use User-Created Content.
“Intellectual Property” includes, without limitation, present and future:
(a) copyright including future copyright and so called neighbouring rights;
(b) design applications and registered or unregistered design rights;
(c) trade secrets, know-how and confidential information;
(d) trade mark applications and registered or unregistered trade marks;
(e) rights in relation to circuit layouts, semi-conductor chips and integrated circuits;
(f) patents; and all other intangible property rights and all statutory and common law rights and remedies in relation thereto.
"Registered User" means a person who has registered to use the Site.
"Site Content" means ACMI Material, User Comments and Tags and User-Created Content.
"Upload Form" means the form on the ACMI Generator site which enables Users to upload User-Created Content to the Site.
"Us", "we" or "our" means Australian Centre for the Moving Image (ABN 37 375 237 227) and/or its related bodies corporate.
"User Comments and Tags" means Content as described in Clause 6.
"User-Created Content" means Content which is licensed to ACMI in accordance with Clause 5.
"Viewing Only Licence" means the Licence set out in Clause 9.2.