You know we have to do it, and there’s
some important stuff in here you really do need to know ‑ because by
participating in Lonelyplanet.tv you accept these terms (whether you’re
registered, contributing a video or just looking). Also, you agree to follow
any guidelines we provide.
So, scroll down to find out everything you never
knew you wanted to know about Lonelyplanet.tv. Lonelyplanet.tv is part of
the Lonely Planet community, which means that
the Lonely Planet Community
Terms also apply to your use of Lonelyplanet.tv. So, though we don’t want to slow your creative process
down too much, you should also read the Community Terms to understand how they
apply to Lonelyplanet.tv.
Just so you know, when we say “we”, we mean us – Lonely
Planet Publications Pty Ltd, and when we say “community” we mean all of the
places on lonelyplanet.com where users can contribute (including Lonelyplanet.tv).
We may change these terms now and then (and may or may not let you know we
have), so check them regularly.
SPECIFICALLY ABOUT LONELYPLANET.TV
What happens when I post my video?
Lonelyplanet.tv is about sharing your travel experiences and
inspiring other travellers with your stories. So, when you post a video to
Lonelyplanet.tv you agree to share it with other viewers. By posting your
video, you give us a non-exclusive, perpetual, royalty-free, worldwide
licence to reproduce, communicate and otherwise use your video in our
products as we see fit, including the right to sublicense to others at our
discretion. Our licence lasts as long as your video stays on Lonelyplanet.tv,
so if you change your mind and no longer want it streamed online, you should
take it down.
We recognise that some of you aren’t just great travellers
but are also great film makers! If we like your video we may want to make it
part of the Lonely Planet collection, in which case we will approach you to
negotiate payment and terms.
When you post a video, you represent and warrant to us that
you:
- own or have all of the necessary permissions to
the content in your video (see below – What you shouldn’t include in your
video); and
- have the rights to grant us the licence to your
video.
We won’t be able to stream your video or make it a part of
the Lonely Planet collection, if you haven’t followed the rules set out in these
terms. So, be creative, have fun, and enjoy yourself – but don’t forget these
basic (but important) rules.
What shouldn’t I include in my video?
One of the most important rules relates to third party
copyright material. Third party copyright material includes things like
music and artworks, and can’t be included in your video without the written
permission of the copyright owner. If you do, you put both yourself and us at
risk of legal action for copyright infringement.
If you want to include music in your video, the
simplest (and safest) way to do it is to use our selection of music. This is
music we have the rights to licence to you. You can’t use it for anything else
other than for a video you are posting to Lonelyplanet.tv. Check out our
selection of music at Music Download.
If you can’t find anything you like in our selection, you’ll
either need to dust off your old Casio keyboard and create your own music or
organise to get the rights in the music you want yourself (which can be pretty
tricky unless you have some amazing contacts). As a general rule, you
won’t be able to use commercial music in your video because you won’t have the
rights to use it.
In terms of music that’s playing while you are filming,
whether you can keep it on or not is a bit more complicated. If the music is
incidental to your filming, then that’s OK (e.g. if you are filming in a taxi
and the radio is on). But, if the music is not incidental to the filming and it
is actually the focus of the video (or part of the video) (e.g. you are filming
a busker performing Madonna’s ‘Holiday’), then you will need permission.
Artwork is all art, and
includes things like sculptures, murals and outdoor art. Again, it’s a question
of whether the artwork is incidental to your filming or not. You can’t spend 10
minutes filming a piece of public sculpture (unless you can get the artist’s
permission) but if you are filming your mate asking for directions in a public
place and the sculpture is in the background, then that’s incidental to your
video and is OK. The same rules apply for buildings.
You can’t use footage of places where you’ve been told
not to film. Do the right thing, and follow other people’s rules. For example,
usually you are not allowed to film inside an art gallery or at a sporting
event. If you’re not sure, check the conditions of entry which are often
written on the entry ticket or on signs near the entrance. A large symbol of a
video camera with a line through it is a dead give-away.
You can’t use footage of people who haven’t given you
permission to use their image. If you’re including someone in your video, make
sure you clearly explain to them what you’re planning on using the footage for,
and make sure they agree. If the person is a child, you’ll need to get
permission for the child’s parent or legal guardian. Again, people who may
appear incidentally in your video (e.g. in the background) are OK. The same
rules apply for voiceovers.
If you aren’t sure, ask for permission! Make sure you
have all your permissions before posting your video. This will also help you
(and us) if we decide we want approach you to make your video part of the Lonely
Planet collection.
What if I think someone is infringing my rights?
If you see a video on lonelyplanet.tv that you think may infringe your
rights then see the Complaints section below.
Remember, the
Lonely Planet Community Terms apply to your use of Lonelyplanet.tv, so even
if you have read them before, read on to understand how they have changed
and apply to Lonelyplanet.tv.
THE LONELY PLANET
COMMUNITY TERMS
Who can use the
community and how?
You are only permitted to use the community for
personal, non-commercial
purposes. If you are under the
age of 18 you should seek
your parents' permission before accessing the community. Because users can
automatically make postings, they may contain content which is not appropriate
for people under 18. (Find tips on facilitating a safe internet experience for
children on the Australian Communication and Media Authority's 'CyberSmart
Kids' site at
www.cybersmartkids.com.au.)
You need to register if you wish to contribute to Lonelyplanet.tv.
Lonelyplanet.tv isn’t part of our usual registration system, which means that
if you are registered for other parts of the
community, you are not automatically registered for Lonelyplanet.tv (and
conversely, if you register for Lonelyplanet.tv, you won’t be automatically
registered for other parts of the community). We’re going to be incorporating
Lonelyplanet.tv into our normal registration process, and we’ll let you know
when that happens.
We can (and may) remove postings that
breach the wording or spirit of these terms, and we may or may not let you know
if and why we take your video down or decide not to post your video. We may
also ban users who breach these terms, and delete their postings.
Don't make postings that:
- contain racist, sexist or
homophobic comments;
- harass or 'stalk' any person;
- contain defamatory statements or
personal attacks on others;
- disrupt users' enjoyment of the
services (for example persistent off-topic discussion on Thorn Tree, or
nonsensical Bluelist postings);
-
personal details or private
information about any other person (or anything contrary to our
privacy policy)
- are made under another person's
name or impersonating another person;
- contain commercial advertising;
- contain excessively coarse
language or content which would be rated R, RC or X by the Australian
Classification Board (for more information please see the Office of Film and
Literature Classification web site at
www.oflc.gov.au); or
- breach any intellectual property
rights law or discuss how to commit illegal activity.
If you're relying
on information or opinions from postings,
remember you do so at your own risk. Use common sense and make your own
inquiries first, especially for postings like those on the Thorn Tree "Health"
branch - these may not be from medical professionals (even if the user claims to
be one), so you should always seek your own advice. Be aware that postings only
represent the opinions and experience of users, not ours.
You, and you alone, are responsible for any consequences of your postings
and responses to postings. If a dispute arises between users of the community,
or between users and a third party, Lonely Planet is not obliged to get
involved, although we may choose to. Lonely Planet is not responsible if
anything goes wrong with your interactions with other users (including
transactions on Classifieds). We’ll give you the tools, how and what you decide
to make with them is entirely your responsibility!
Make sure you use the right section of the
community (such as the relevant Thorn Tree
branch or Classifieds section)
so you get the best response to your posts and to make it easier for those
looking for information. We may move or delete postings to the wrong section.
Copyright
and community content
Don't post copyrighted material or trade marks without permission
from the owner or you may put yourself and Lonely Planet at risk of legal
action. This applies to other users’ postings too ‑ you can’t copy, amend or
re‑transmit others’ postings without permission (which you can obtain either
from the user or from us). But you can share postings with a friend by
sending them a hyperlink. Third party commercial sites are not permitted to
provide digests or summaries of posts, even through hyperlinks, without our
permission.
You can also share a useful internet resource with other users by hyperlinking
to the relevant resource, but first make sure you're allowed to by checking the
terms of use of the site you are linking to. Many site operators don't allow
people to link to pages below the front page or home page of their site.
If you own intellectual property and believe it is
being infringed through a posting, please contact us as soon as possible.
The copyright in your postings
is yours (generally speaking). We sometimes use postings in our products (books,
newsletters, websites, television programs and other products in any media). You
give us a non-exclusive, perpetual, irrevocable (other than Lonelyplanet.tv
postings), royalty-free, worldwide licence to reproduce, communicate, edit,
adapt or otherwise use your postings in our products as we see fit, including
the right to sublicense to others at our discretion. You also give us a licence
to deal with those postings as necessary to perform technical and administrative
functions to operate the community.
You may also have moral rights,
so you consent to your postings (other than Lonelyplanet.tv postings) being
altered, edited or adapted for use under our licence as we see fit. You consent
to us not attributing authorship to you at all, or only attributing your
registered 'handle'. We generally attribute authorship, but that's not always
possible and we decide this on a case by case basis. If we do use your material
we may attribute it to your registered 'handle', or contact you to request that
your real name be used. Don't worry, we will never publish your real name
without permission.
If you don't want your posting to be used in this way, don't post it. Once you
have made a posting, you can't withdraw or retract your licence and consents.
Lonely Planet's intellectual
property (which includes
content other than postings and includes the Lonely Planet, Bluelist or Thorn
Tree trade marks) may not be used in any way or for any purpose without our
permission. See Trade Marks & Copyright
for more information.
Complaints:
We take copyright, trade mark, defamation and other laws seriously. If you think
a posting is infringing these terms or anyone's legal rights, let us know
immediately. We will investigate all complaints and take action if we think it's
necessary, including removing the posting or banning the relevant user.
To let us know, contact us, and the relevant moderator will respond. In
many community areas, you can use the relevant ‘report’ action to notify us of
an infringing posting and we will remove the posting from view until the
relevant moderator can review it.
Removal of postings
is at our discretion, except if the content is illegal. If you're not happy with
the moderator's response, you can ask them to refer the matter to our Online
Publisher. If you're still not happy, you can follow the formal complaints
procedure below. We may also require you to follow the formal procedure for
certain matters (for example, if you claim content is infringing copyright or
defamatory).
To make a formal complaint,
send a signed written letter of complaint to:
Lonely Planet Online Community Complaints
Lonely Planet Publications Pty Ltd
90 Maribyrnong Street
Footscray
Victoria 3011
Australia
or fax it to: +61 3 8379 8111 (Attention: Lonely Planet Online Community
Complaints).
Your complaint needs to:
1.
Identify the posting in issue and provide us with a copy of the posting
and its location (URL, or web address).
2.
Identify the intellectual property or other right which is being
infringed by the posting or the law which the posting breaches. Articulate your
arguments about this as thoroughly as possible. In the case of a claim of
copyright breach, make sure you identify the copyrighted work claimed to have
been infringed.
3.
Provide information so that we can easily contact you (including if
possible your email address, your postal address and fax number).
In addition, if
your complaint relates to a breach of copyright, you should send your
complaint to our designated copyright agent (Thorn Tree Manager), who can be
contacted on the above address or fax number, or by calling + 61 3 8379 8000 or
emailing thorntree@lonelyplanet.com.au. Apart from the above 3 things, you will
also need to include in your complaint:
4.
A physical or electronic signature of a person authorised to act on
behalf of the owner of the copyright material that is alleged to be infringed.
5.
A statement that you have a good faith belief that the posting is not
authorised by the copyright owner, their agent, or the law.
6.
A statement that the information in your complaint is accurate, and under
penalty of perjury, that you are authorised to act on behalf of the owner of the
copyright material that is allegedly infringed.
We will assess your
complaint's merit and will take whatever action we see fit. We will get in
contact with you to explain our decision.
Your
personal information:
You supply us with personal information when you register, use the
community (including submitting postings) or email us. The purpose of us
collecting this information is to administer and help you use the community,
send you a password, contact you about postings, and keep in touch with you.
Your user name (or ‘handle’) will be visible to other users and when you
register you can chose whether your user profile and email address will be also
be visible to other users. You can access and update your personal information
in the 'profile' section at any time.
Sleep easy, we won't sell your contact details to marketing companies for
spamming! But we may disclose information about you to our authors (some of whom
work on contract to us) and to other companies in the
Lonely Planet family. If you'd
like to find out more, please read our
privacy policy.
If you make postings which are in breach of these terms or the law, we may pass
your details and IP address on to an aggrieved person, or a law enforcement
agency.
More serious
legal bits:
Any legal issues arising
will be dealt with under the laws of Melbourne, Australia, since that's where
the community is run from. Illegal activity under those laws will be a violation
of these terms, but as the Lonely Planet website is accessible worldwide you may
run into trouble under the laws in other jurisdictions too.
We are not responsible
to you or anyone else for any loss, damage, liability, cost or expense suffered
in connection with the use of the community or any of its content. We make no
warranties or representations about the community or its content and exclude, to
the maximum extent permitted by law, any liability which may arise as a result
of their use. We will never be liable for any indirect, incidental, special or
consequential loss, or loss of business profits or revenue arising out of the
use of the community. You indemnify us and the other companies in the
Lonely Planet family
against each claim, action, proceeding, judgment, damage, loss, expense or
liability incurred or suffered by, or brought, made or recovered against us or
the other companies in the Lonely Planet family in connection with any breach by
you of these terms.
And that’s
all for now!