AAP - About

AAP is committed to maintaining the highest standards of accuracy, impartiality and fairness. AAP is a member of, and is bound by the Standards of Practice of the Australian Press Council. If you believe the Standards may have been breached, you may approach AAP itself by emailing standards@aap.com.au or contact the council by info@presscouncil.org.au or by phone on +61 2 9261 1930.

For further information please visit www.presscouncil.org.au.

AAP has formulated a Code of Practice for journalists bringing together various industry codes and our own policies contained in different briefings over the years. All journalists are expected to read it and abide by it in the course of carrying out their duties at AAP.

AAP's role as the national news agency is to produce a news service which maintains the highest standards of accuracy, impartiality and fairness.

The company's policy on editorial standards addresses news agency requirements, and is in line with generally recognised principles of journalism.

AAP's policy is as follows:

1. ACCURACY

1.1. AAP has a valued reputation as "the reliable source". All information, comment and opinion reported on our wires must be authoritatively sourced.

1.2. Sources must be identified by name unless there are compelling reasons for not doing so. Always query a source's motives when they request anonymity.

1.3. The vague attribution "sources say" is generally not acceptable, unless it is the only way to protect a vital source in a matter of public interest.

1.4. While photographic images can be enhanced to improve resolution, an image must not be altered in such a way that it misrepresents the subject matter.

2. IMPARTIALITY AND FAIRNESS

2.1. AAP does not promote particular views or commercial interests, either through undue emphasis or by suppressing relevant material.

2.2. In reporting views on controversial matters, always seek to include a fair balance of other views. Any comment or conjecture by the journalist writing the story should be identifiable as such.

2.3. AAP journalists have latitude to express their own views more freely only when, in the opinion of the Editor in Chief or Editor, they have special knowledge or expertise or sufficient reputation. Such pieces should be labelled as View, Comment or Analysis.

2.4. Individuals or groups singled out for criticism should be given a right of reply, in the original story whenever possible.

2.5. Emotive or contentious adjectives should be avoided unless they are being quoted.

3. CORRECTIONS

3.1. Inaccuracies or suspected inaccuracies which affect the integrity of stories on our wires must be dealt with promptly.

3.2. When we acknowledge an inaccuracy, a correction should be issued at urgent priority.

3.3. Challenges to accuracy or fairness in our stories must be referred to the News Editor or Editor. If there is serious doubt, particularly on legal grounds, we must alert subscribers to hold a story pending clarification. If such doubts are confirmed, we must advise subscribers to kill the story, issue take-down notices to internet subscribers and replace with a corrected version as soon as possible.

4. CONFLICT OF INTEREST

4.1. Journalists must consult the Editor before covering a story which involves or might involve a conflict of interest, either through active membership of a political, lobby or community group, or from personal, family or financial considerations.

4.2. Journalists must not use for their own profit financial information they receive in advance of its general publication, nor should they pass such information to others.

4.3. Journalists must not write about shares, securities and companies in whose performance they know that they or their close families have a significant financial interest without disclosing the interest to the Editor or the Finance Editor.

4.4. Journalists must disclose to the Editor or Finance Editor any personal trading, either directly or through nominees or agents, in shares or securities about which they have written recently or about which they intend to write in the near future.

4.5. Failure to notify the Editor of any real or potential conflict of interest before a story is issued on AAP wires may result in dismissal.

5. INVITATIONS

5.1. Invitations to AAP journalists from government, commercial and sporting organisations for expenses-paid trips and other assistance to cover events in which those organisations have an interest must be referred to the Editor.

5.2. Generally, such invitations will be accepted only if they are made to AAP as an organisation and provided the Editor or appropriate desk editor is satisfied that the event is worth covering.

5.3. In no circumstances can AAP guarantee to write a particular story.

5.4. Travel stories written as a result of invitations should concentrate on the region or the area, rather than the specifics of a hotel or resort. Travel features should include a "how to get there" section at the bottom of the story with details of airline schedules, etc, (and) a disclosure such as "The author travelled as a guest of...".

5.5. No AAP journalist may be interviewed in a professional capacity in any of the news media, nor take part in a panel discussion, without the prior approval of the Editor.

6. MISREPRESENTATION

6.1. AAP does not sanction misrepresentation, deceit or subterfuge to obtain information.

6.2 AAP journalists must clearly identify themselves as such when interviewing and gathering material.

6.3. Journalists must not obtain information or publish material obtained clandestinely by using listening devices or by intercepting private telephone conversations.

7. DISCRIMINATION

7.1. Gratuitous emphasis should not be placed on gender, religion, minority groups, sexual orientation, race, colour or physical or mental disability. Such references should be included in copy only where they are strictly relevant.

8. OFFENSIVE LANGUAGE

8.1. Offensive language, especially obscenities and terms of abuse relating to particular groups in the community should be used only when they are essential to the meaning of the story, and never gratuitously.

8.2. Circumstances in which the words used are essential to a story might include use of a swear word in public by a major public figure; or a direct quote of an important piece of evidence in a court case, but then only if the word itself is an integral part of the evidence.

8.3. Stories containing offensive language must begin with a warning to subscribers, so that they can make their own judgment.

9. PRIVACY

9.1. Personal privacy should be respected unless it interferes with publication of matters of public record, or of significant public interest. If in doubt, consult the Editor.

9.2. Approaches to people suffering trauma or grief should be undertaken with care and sensitivity.

9.3. Relatives of people convicted or accused of crime should not be identified unless reference to them is strictly relevant to the story.

10. CHILDREN

10.1. Children under the age of 16 should not be unduly prompted in interviews or given inducements to co-operate, and every effort should be made to seek the permission of a parent or other legally responsible adult.

10.2. Children should not be approached in schools without the permission of the school authority.

10.3. Children should not be identified in crime or court reports without legal advice.

11. SUICIDE

11.1. AAP does not report graphic details of suspected suicides or suicide attempts. See separate briefing on reporting suicides.

11.2. Any suicide notes obtained by AAP staff must immediately and unfailingly be referred to the Editor.

12. PUBLIC EMERGENCIES

12.1. Great care must be taken in reporting threats of violence to the public by bombs or other means of extortion such as contamination of groceries.

12.2. Generally, we do not run stories about hoaxes or suspected hoaxes unless there is an overriding public interest. If in doubt, consult the Editor.

13. SOCIAL MEDIA

13.1 AAP journalists may not use personal blogs or social networking sites like Twitter and Facebook to post AAP-generated material or links to such material, or to make comments relating to their work, other AAP employees or to AAP and its policies and practices.

13.2 Content from social networking sites should be used in AAP stories only when the material is publicly available and the bona fides of the source has been established and checked. This should be done in consultation with the desk editor.

13.3 Material from social networking sites like Facebook may be used only from pages that are publicly available. Journalists must not attempt to bypass security settings to obtain access to such material. Images from such sites can only be used in consultation with the News Editor or Editor.
Australian Associated Press Pty Ltd (AAP) respects the privacy of its customers, business contacts and suppliers. AAP understands that the privacy of your information is important to you.

This policy outlines the types of personal information which AAP collects and how AAP handles that information. The policy also outlines how you may access and seek correction of personal information which AAP holds about you. This policy reflects AAP's obligations under the National Privacy Principles (NPPs) which are contained in the Privacy Act 1988.

Personal information is any information that can be used to identify an individual and includes such personal details as name, address, telephone numbers, date of birth; email address and IP address.

With the exception of AAP's editorial department, AAP's Message Connect Service and AAP's MediaNet Service, this policy applies to all of AAP's business units and AAP's subsidiaries such as Pagemasters Pty Ltd

1. AAP's products and services

AAP is one of Australia's largest content originators and aggregators. AAP provides a variety of online and offline information products such as news, finance, racing, media and general interest information. AAP's products and services include:
- news and current affairs information feeds;
- financial information products;
- real time and archive photographic services;
- racing and pedigree information; and
- media release distribution service, provided across a range of technology platforms including by facsimile, broadcast, Internet and new technology mediums.
For the purposes of this policy, the products and services described in this section will be referred to as "our products and services".

2. What personal information does AAP collect?

AAP collects personal information about its retail and business customers and other business contacts, such as AAP's suppliers and contractors, in a variety of ways.

(a) Existing Customers

If you are an AAP customer (who has asked to be provided with our products and services), AAP may collect certain types of personal information about you, such as your name, address and contact information (including email address). AAP collects this information in order to provide you with our products and services and to manage our relationship with you. At the time of collecting this personal information, AAP may also request other information about you to assist AAP in identifying which of our current and future products and services may be of interest to you.

(b) Potential Customers

Sometimes AAP identifies the contact details of potential customers and business contacts through AAP's own investigations. If you are a potential customer, information about you may be collected for the purpose of advising you about those of our products and services which may be of interest to you. If we do collect personal information about you in this way, we will provide you with the opportunity to control how that information is used by AAP. This is discussed further in this Policy at 3(b) below.

(c) Business Contacts & Suppliers

If you or your organisation enters into or is likely to enter into any business dealings with AAP, AAP will collect the personal information necessary for the relevant business transaction with you and/or your organisation. This will include all personal information contained in all correspondence and any agreement between you and AAP.

(d) Online Collection

For anyone who deals with AAP or one of AAP's business units online, AAP will also collect additional information as a result of your use of our websites. This additional information may or may not identify you.

Information collected through the websites of AAP and AAP's business units will include the information which you voluntarily provide. This may include information provided as part of a customer service enquiry or a registration form. Some pages may require you to provide your username and login.
The additional information collected online may also include the type of your Internet browser, operating system, address of the referring site, your IP address and clickstream information. AAP may also collect information about the use which is made of AAP's websites using your username and password.

(e) Cookies

AAP may use cookies on its website. Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's browser. Most Web browsers are set to accept cookies. However, if you do not wish to receive any cookies you may set your browser to refuse cookies.

3. How does AAP use your personal information?

(a) Provision of our products and services

If you are an AAP customer or potential customer, AAP uses the personal information we collect to provide you with our products and services and with information about our products and services. This includes administering your account with us, customer service and providing any information which you have requested.

(b) Information about our products and services

If you are an existing or potential customer, AAP may use personal information about you to advise you about our products and services from time to time.

When AAP uses personal information in this way, AAP will give you the option to decide whether or not you wish to receive information about our products and services and related information. Please let us know if you do not want personal information about you to be used for these purposes.

(c) Business Contacts

AAP's policy is to use business contact information (collected in relation to its suppliers and other business contacts) for the business purpose for which it was collected.

(d) Online Information

If you use an AAP website to access our products and services, AAP may use information about the use you have made of our websites for the purpose of monitoring your compliance with applicable terms for the use of the website, your actual use of the website, and billing. Your login name and password will identify you online.

(e) Statistical Information

AAP may use information, including that collected through our website, for statistical purposes to improve the range of our products and services. If it does so, aggregated (ie de-identified) information will generally be used.

4. Does AAP give your personal information to anyone else?

(a) Third Party Suppliers & Contractors

AAP may disclose personal information to third party contractors and service providers who help us operate our business or to provide you with our products and services. This may include AAP's "information sources" who provide AAP with information and materials for inclusion in our products and services. It is AAP's policy to require these third parties and contractors to only use the personal information for the purpose for which it has been provided to them by AAP.

(b) Disclosures Required for Legal Reasons

For legal reasons, other disclosures may need to be made to law enforcement agencies, government agencies, courts or external advisors. AAP's policy is to only make such disclosures in accordance with the Privacy Act.

5. How secure is your info and how can you opt out?

Under the Privacy Act, you have a right to seek access to information which AAP holds about you (although there are some exceptions to this). You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.

If you wish to exercise your right under the Privacy Act to seek access to or correct the personal information that AAP holds about you, we ask that you contact AAP's Privacy Officer by e-mail at privacy@aap.com.au, or by mail to PO Box 3411, Rhodes Waterside, Rhodes NSW 2138. When contacting AAP's Privacy Officer, please provide as much detail as possible to assist us to follow-up your request.

In the first instance, we will generally provide you with a summary of the information we hold about you. We will assume (unless you tell us otherwise) that your request relates to our current records about you. These current records will include personal information about you which is included in our computers, databases and in paper files, and which may be used by AAP on a day to day basis.

To provide you with access to this personal information, AAP will ordinarily provide you with a print-out of the relevant personal information from our databases, or with photocopies of records which are held only on paper files. If personal information about you (for example, your name & address details) is duplicated across different databases, we will generally provide you with one print-out of this information, rather than multiple print-outs. Ordinarily, AAP will not charge you for the cost of providing this type of access to these records.

For legal and administrative reasons, AAP may also store records containing personal information in its archives. You may seek access to the records held by AAP which are not current records, but if you do so, we may charge you for the cost of providing access.

Also, please be aware that if the relevant personal information was collected before 21 December 2001, AAP will only provide you with access in accordance with section 16C of the Privacy Act 1988. This states that access must only be provided to personal information collected before 21 December 2001 if we use and disclose that information after that date, and that providing access would not cause an unreasonable administrative burden or unreasonable expense.

If you are of the view that personal information about you is not accurate, complete or up to date, please provide AAP's Privacy Officer with your request for correction. AAP's policy is to consider any requests for correction in a timely way.

6. Is your personal information stored safely?

AAP takes reasonable steps to ensure the security of personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure. Our IT systems are password protected, protected by firewalls and satisfy other industry standard security measures, and if personal information is held on paper files, it is only accessed by authorised personnel.

7. Contacting AAP

If you have any questions or comments about this privacy policy, or if you have a compliant about the handling of personal information relating to you, please contact AAP's Privacy Officer by one of the following methods:

Email:

privacy@aap.com.au

Mail:

PO Box 3411
Rhodes Waterside
Rhodes NSW 2138

8. Changes to this Privacy Policy

This privacy policy may change from time to time. This policy was last updated on 17 May 2006.

9. Australian Privacy Commissioner

If you are not satisfied with the way in which we handle your enquiry or complaint, you can contact the Office of the Australian Privacy Commissioner by any of the following methods: Tel: 1300 363 992 (for the cost of a local call anywhere in Australia); TTY: 1800 620 241 (this number is dedicated for the hearing impaired only, no voice calls); mail: GPO Box 5218, Sydney NSW 2001; Fax: +61 2 9284 9666; or email: privacy@privacy.gov.au.
1. Application of the Terms of Use

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on the AAP Web Sites form the conditions of supply of content on, use and access to the AAP Web Sites.

Your use of the AAP Web Sites constitutes your acceptance of these terms.

2. The AAP Web Sites

The web sites which form the 'AAP Web Sites' are operated by Australian Associated Press Pty Ltd and its related bodies corporate (collectively 'AAP').

3. Use of Content included on the AAP Web Sites

All information, text and images included on the AAP Web Sites is for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP.

4. Accuracy of content

The AAP Web Sites and content included on them are published for information purposes only without assuming a duty of care. AAP is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained on the AAP Web Sites. AAP is not liable for errors, omissions in, delays or interruptions to or cessation of the AAP Web Sites through negligence or otherwise.

5. Limitation of liability

To the maximum extent permitted by law, AAP and its third party suppliers exclude all liability to any person for loss or damage of any kind arising from or relating in any way to the content included on the AAP Web Sites and /or any use of the AAP Web Sites. Where any law implies a condition, warranty or guarantee into these terms of use which may not be lawfully excluded, then to the maximum extent permitted by law, AAP's liability for breach of the condition, warranty or guarantee will at AAP's option be limited to the re-supply of the relevant service or the payment of the cost of having that service resupplied.

6. Copyright

Unless otherwise stated, AAP reserves all copyright in the content and design of the AAP Web Sites. AAP owns all such copyright or uses it under licence or applicable law.

You may view the AAP Web Sites and their content using your web browser and make a temporary copy of all or part of the AAP Web Sites for your personal use only.

7. Trade marks

The AAP Web Sites include registered and unregistered trade marks, including but not limited to the word AAP, the AAP logo, MEDIANET, AUSTRALIAN ASSOCIATED PRESS, AAP NEWSCENTRE, AAP NEWSCLIP, AAP eClips and AAP RACING CENTRE. You may not use any of AAP's trade marks or the names 'Australian Associated Press Pty Ltd' or 'Australian Associated Press' without first obtaining AAP's prior written consent.

8. Privacy

AAP will collect and use personal information in accordance with AAP's privacy policy (as subject to Australia’s privacy laws), which is available on the AAP Web Sites.

9. Applicable law

These terms of use and all other specific and additional terms which govern your use or access to the AAP Web Sites will be governed and construed in accordance with the laws of the state of New South Wales, Australia.

These Licensee Terms and Conditions apply to Licensee's who take the AAP Service pursuant to a Short Form Licence Agreement and/or a Term Sheet and/or Letter between the Licensee and AAP.
AAP Legal Terms and Conditions
1.	AAP Newswire Multimedia Terms and Conditions
	The AAP Newswire Multimedia Terms and Conditions may be found here: http://multimedia.aapnewswire.com.au/TermsAndConditions.aspx
2.	Usage Restrictions (other than for Print or Broadcast only licenses)
2.1	If any changes are made to the terms and conditions of use of Facebook which are not acceptable to AAP (in its reasonable opinion), AAP may immediately cancel Licensee's right to use on the Facebook Platform or any Facebook Home Page any text, images or videos included in the AAP Service. In these circumstances Licensee must immediately cease using text, images and videos included in the AAP Service on the Facebook Platform or any Facebook Home Page, and must delete from such page any such text, videos or images which have been included on the page. If AAP exercises its rights under this clause 2, AAP will refund to Licensee any Monthly Charges which have been paid which relate solely to use of the AAP Service in conjunction with the Facebook Platform.
2.2	The licence granted does not include a right to conduct any of the following in relation to text, images or videos derived from the AAP Service (Prohibited Uses) whether in the form in which they are displayed on the Authorised Platform or otherwise:
	(1)	framing the text, images or videos (except for framing by Licensee within its Authorised Platforms);
	(2)	using the text, images or videos on Twitter, MySpace or YouTube; or
	(3)	using any other functionality or application which extends or replaces the prohibited uses specified in clauses 2.2(1) or 2.2(2),
	except as expressly permitted in this Agreement.
2.3	For the avoidance of doubt, Licensee is not obliged to implement active measures to prevent the Prohibited Uses. Licensee's only obligations in regard to the Prohibited Uses are:
	(1)	to include in its User Agreements an obligation on the Users not to engage in the Prohibited Uses;
	(2)	to report all material incidents involving the Prohibited Uses within Licensee's actual knowledge to AAP;
	(3)	not to encourage third parties to engage in the Prohibited Uses; and
	(4)	to provide reasonable assistance to AAP to stop any Prohibited Uses by the Users or others.
2.4	Licensee may display on the Authorised Platforms and store in computer readable form, in accordance with this Agreement, any text, images or videos supplied as part of the AAP Service on a once-only basis for a period of not more than 30 days from the date upon which the text, images or videos are received by Licensee from AAP (Storage Period). Licensee must delete all text, images or videos derived from the AAP Service at the end of the Storage Period. Notwithstanding this clause 2.4, Licensee must not display any text, images or videos that AAP has retracted, cancelled or modified.
2.5	Licensee:
	(1)	may only store and display images from the AAP Service, in the case of:
		(a)	may only store and display images from the AAP Service, in the case of:
		(b)	all other images at image resolutions lower than 640 x 480 pixels and with a maximum of 256 colour palettes,
		provided that Licensee may also display AAP or AP images at resolutions greater those set out in clause 2.5(1)(a) provided that the resolution is no greater than 1200 x 900 pixels and the image is marked with the AAP or AP logo (as the case may be) in a prominent form.
	(2)	must ensure and procure that all distribution of text, images or videos from the AAP Service is on terms that Licensee's Users must observe all restrictions imposed on text, images or videos from the AAP Service set out in this Agreement;
	(3)	must promptly notify AAP on becoming aware of any material breach by a User of any of the restrictions;
	(4)	must, in the case of use of any text, images or videos from the AAP Service in any MMS, SMS or Apps, provide AP at no cost with the device necessary for the purpose of monitoring the Authorised Platforms;
	(5)	must provide reasonable assistance to AAP to stop any Users or others acting in a manner contrary to clause 2.5(2).
3.	Usage Restrictions (for Print or Broadcast only licenses)
3.1	Licensee may store text and images for 30 days (except in the case of Associated Press where a period of no more than 14 days will apply) except that:
	(1)	Licensee may display text and images as it appeared in their print publications on their branded Web Sites for a period of not more than 90 days; and
	(2)	Licensee may display images from Associated Press for a period not more than 28 days where such use is for supplements provided that such supplements form part of the newspapers and cannot be sold separately.
3.2	Licensee may store in hard or soft copy form only any selected item (as supplied as part of the AAP Service) for its own legal or internal editorial research purposes.
3.3	Licensee must ensure that its use of any item from the AAP Service is a faithful reproduction. The facts, content and intent of any item contained in the Service must not be changed in form or spirit.
3.4	Items from the Service must not be included in any archive or historical database for sale or display by Licensee, except that Licensee may electronically store items from the Service for its own internal legal and editorial purposes.
4.	Accreditation, Copyright and Disclaimer Notices (other than for Print or Broadcast only licenses)
4.1	Licensee must comply with the following accreditation, copyright and disclaimer notice requirements:
	(1)	AAP (subject to sections 4.1(5) and 4.1(6)):
		(a)	accredit AAP for all text used from the AAP Service by displaying the AAP logo (globe symbol) with a display resolution of at least 50 x 25 pixels in a prominent position on each page of the Web Site (or in the case of a Mobile Web Site, in an appropriate size provided that the AAP logo remains prominent and recognisable) where the text is displayed;
		(b)	provide the further accreditation "Brought to you by AAP”" at either the beginning or end of each news text item, in the same font and type size as the news text item;
		(c)	include a copyright notice in the form '©[year] AAP' with a hypertext link from the copyright notice to the detailed notice and disclaimer set out below:
			AAP DISCLAIMER AND COPYRIGHT NOTICE
			AAP content is owned by or licensed to Australian Associated Press Pty Limited and is copyright protected. AAP content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed, whether by caching, framing or similar means, without AAP's prior written permission. AAP and its licensors are not liable for any loss, through negligence or otherwise, resulting from errors or omissions in or reliance on AAP content. The globe symbol and "AAP" are registered trade marks.
	(2)	AP (subject to sections 4.1(5) and 4.1(6)):
		(a)	include a copyright notice in the form '©[year] The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.' with a hypertext link from the copyright notice to the detailed notice and disclaimer set out below:
			ASSOCIATED PRESS (AP) DISCLAIMER AND COPYRIGHT NOTICE
			Associated Press (AP) text, photos, graphics, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither AP materials nor any portion thereof may be stored in any electronic or other system except for personal, non-commercial use. AP will not be held liable in any way to the User or to any third party or to any person who may receive information in Service or to any person whatsoever, for any delays, inaccuracies, errors or therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
		(b)	for text, include an attribution notice in the form '(AP)' or 'by the Associated Press' and the writer's byline where deemed appropriate;
		(c)	for images immediately below the image, the words "Associated Press" and as practicable with respect to caption space constraints the photographer's byline;
		(d)	for graphics, include a visual representation of the "AP" logo on graphic, or immediately below, the words Associated Press;
		(e)	for audio, include an on-screen visual representation of "AP audio"; and
		(f)	for video, include a visual representation of the "AP" logo on each frame of AAP video, or immediately below, the words "Associated Press";
	(3)	AFP (subject to sections 4.1(5) and 4.1(6)):
		AFP, include a copyright notice in the form '©[year] AFP' and, in the case of any image supplied by AFP, include the following notice adjacent to that image 'AFP/AAP', together with '[name of photographer]' if there is sufficient space adjacent to the image (in Licensee's reasonable opinion), with a hypertext link from the copyright notice to the detailed notice and disclaimer set out below.
			AFP USER TERMS AND CONDITIONS
			AFP stories and photos shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use. AFP will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service AFP does not obtain releases from subjects, individuals, groups or entities contained in its photographs, graphics or quoted in its texts. Further, no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP photos or materials. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for use of AFP stories, photos or graphics.
	(4)	subject to sections 4.1(5) and 4.1(6), if AAP indicates at the time of transmission that text, images or videos are sourced by AAP from any other Information Source, after the text, images or videos, include a copyright notice and disclaimer either in the form required by Information Source or in an altered but reasonably similar form, as specified by AAP in relation to the text, image or video;
	(5)	where the Authorised Platform is the MMS/SMS Platform or Plasma where reasonably practicable after text, images or videos or a group of text, images or videos supplied by:
		(a)	AAP, include a copyright and disclaimer notice in the form '©[year]AAP';
		(b)	AP, include a copyright and disclaimer notice in the form '(AP)' or 'by the Associated Press';
		(c)	AFP, include a copyright notice in the form '©[year] AFP';
		(d)	if AAP indicates at the time of transmission that text, images or videos are sourced by AAP from any other Information Source, after the text, images or videos, display the copyright and disclaimer notice required by that Information Source as notified by AAP in relation to that text, images or videos; and
	(6)	where the Authorised Platform is the App Platform then Licensee must comply with sections 4.1(1) to 4.1(4) by including the relevant text in the terms and conditions of use of the App (whether contained in the App or a link or otherwise).
5.	Accreditation, Copyright and Disclaimer Notices (for Print or Broadcast only licenses)
5.1	Licensee must acknowledge the source of the items contained in the AAP Service as follows:
	(1)	in respect of news items with accreditation in the form:
		(a)	"AAP" where the information source is AAP;
		(b)	"©[year] The Associated Press" where the information source is AP; and
		(c)	"AFP" where the information source is AFP;
	(2)	in respect of items from any other Information Source, "[Source]/AAP".
5.2	AAP may give Licensee written notice to rectify Licensee's failure to display the accreditation or copyright notices set out in this clause 5. Licensee must rectify such failure by the end of the following Business Day upon receipt of written notice.
5.3	AAP may request changes to the requirements set out in this clause 5 at any time during the Term by notice in writing to Licensee. Licensee must comply with such notice within 30 days of receipt.
6.	Information Sources
6.1	In the event that AAP enters into a new agreement or varies an existing agreement with an Information Source which contains new terms as to the use of Source Material from that Information Source:
	(1)	AAP may by notice in writing notify Licensee of any terms (including, if relevant, restrictions) under such an agreement which may be inconsistent with the terms of this Agreement or limit the right of AAP to provide all or part of the AAP Service; and
	(2)	AAP will, if required by Licensee and subject to any confidentiality obligations owed to the Information Source, provide a copy of part or all of the agreement with the Information Source, which may be modified by the deletion of material which in the opinion of AAP may be commercially sensitive.
6.2	On receipt or deemed receipt of a notice under clause 6.1(1), this Agreement will be varied to the extent specified in that notice.
6.3	If at any time during the Term, AAP's agreement or arrangement with any Information Source expires or terminates (Expired Information Source):
	(1)	AAP may immediately cease supply of text, images or videos derived from Source Material provided by the Expired Information Source without penalty;
	(2)	AAP will use commercially reasonable endeavours to locate substitute Source Material; and
	(3)	Licensee must on request from AAP remove and delete all copies of text, images or videos derived from the Expired Information Source from its computer systems and from any other means of storage in its possession, power, custody or control.
6.4	Except where Licensee is using the AAP Service for the purposes of reporting current news, Licensee is fully responsible for obtaining at its own cost any necessary rights clearances from third parties relating to any part/aspect of text, images or video from the AAP Service which may be protected by proprietary rights, copyright, neighbouring rights (including, without limitation, moral rights and performers' rights) or privacy rights prior to the use of such text, images or video by Licensee, including, but not limited to:
	(1)	clearances from people whose name, portrait or images or performance appears in the relevant text, images or video from the AAP Service; or
	(2)	clearances in respect of musical works, sound recordings, buildings, works of art, designs, public monuments and/or other inanimate objects contained in the relevant text, images or video from the AAP Service.
7.	Sports News Reporting
7.1	AAP's ability to include sporting images as part of the AAP Service is contingent upon the terms of accreditation imposed by any relevant sporting organisations. If any sporting organisation imposes any restrictions or limitations on AAP in terms of AAP's coverage of any sporting events or fixtures, Licensee acknowledges and agrees that AAP's ability to supply the AAP Service will be similarly limited or restricted. Additionally, Licensee will comply with any limitations or restrictions imposed by any sporting organisation and agreed to by AAP in order to gain access to the event provided that such limitation and restrictions are notified to it by AAP.
7.2	Licensee acknowledges that AAP's sale of sporting images is subject to the Code of Practice for Sports News Reporting. Any sporting images Licensee receives from AAP must not be used for Commercial Use and Licensee must comply with any additional conditions notified by AAP to Licensee as a condition of using the sporting images. In particular, Licensee must not use such sporting images in a manner that creates a false impression that a person or business has a sponsorship, approval or affiliation with the sport, sporting organisation or the event or any participants in the event. For the purposes of this clause, “Commercial Use”, for the purpose of this clause 7.2, means the sale or production or use of content for advertising or promotional or merchandising purposes, including:
	(1)	photographs being used by a non-media organisation on a website or webpage, in a publication or via some other medium for any purpose other than publishing of news content on any technical platform including individual publications, web-pages, digital platforms or print media where that platform or medium is or will be genuinely and ordinarily used for the publication of news content;
	(2)	operating a statistics service; or
	(3)	photographs being used for or in any advertisements, promotional materials, for merchandise such as memorabilia, collector’s cards, calendars, clothing or packaging.
7.3	AAP may immediately cancel Licensee’s right to use any sporting images if AAP is requested by the relevant sporting body or authority to cease using such sporting images. In these circumstances Licensee must immediately cease using sporting images included in the AAP Service on. If AAP exercises its rights under this clause 7.3, AAP will refund to Licensee any Monthly Charges which have been paid which relate solely to use of sporting images from the AAP Service.
8.	Trade marks
8.1	The AAP Trade Mark is the exclusive property of AAP. AAP reserves all rights in it. All use of the AAP Trade Mark under this Agreement is for the sole benefit of AAP. Licensee must not knowingly or recklessly take any action which is inconsistent with AAP's rights in the AAP Trade Mark.
8.2	AAP grants Licensee a non-exclusive licence during the Term to use the AAP Trade Mark:
	(1)	to the extent reasonably necessary to identify the AAP Services as originating from AAP; and
	(2)	otherwise, with the prior written permission of AAP.
8.3	Licensee must not display the name, logo or trade mark or other identifier of any third party in such a manner as to give the User or viewer the impression that such third party is a publisher of text, images or videos from the AAP Service on any pages containing such text, images or videos. This clause is not intended to prohibit conventional advertising or sponsorships that do not create such impression.
8.4	Licensee must not:
	(1)	use the AAP name or the AAP Trade Mark;
	(2)	use the name, logo or trademark of any Information Source; or
	(3)	make any statement (whether oral or in writing) about AAP, any Information Source or the AAP Service,
	in any external advertising, marketing or promotion materials without the prior written consent of AAP (such consent which may be withheld by AAP in its absolute discretion). Materials that are substantially identical to those previously approved need not be submitted for re-approval.
9.	Charges
9.1	AAP may, by not less than sixty (60) days prior written notice to Licensee, adjust the Monthly Charges.
9.2	Subject to clause 9.3, if AAP notifies Licensee of an increase in the Monthly Charges, Licensee may terminate this Agreement by giving not less than thirty (30) days prior written notice to AAP, with termination taking effect on the date the increased Monthly Charges would otherwise have taken effect.
9.3	Licensee may not terminate this Agreement in accordance with clause 9.2 where:
	(1)	the increase is not more than the increase in the Consumer Price Index All Groups Index Number for the weighted average of 8 Australian capital cities for the previous calendar year plus 2%; and
	(2)	the increase is in accordance with clause 9.4.
9.4	AAP may increase the Monthly Charges immediately by giving Licensee written notice, with such an increase to take effect from the date of Licensee’s written notice, where the increase is on account of an increase in GST or Taxes.
9.5	AAP may only increase the Monthly Charges in accordance with clause 9.1 once in any twelve (12) month period.
10.	Legal Stories (Webpool users)
10.1	Licensee acknowledges that all AAP court stories and other stories with potential legal issues carry the master keyword Legal (Legal Stories) in the keyword field which allows Licensee to block such stories if they choose. Licensee can choose to block Legal Stories from direct internet publication so the Licensee can review and make their own determination about whether or not they wish to publish Legal Stories.
10.2	Notwithstanding the terms of this Agreement relating to delivery of stories, if Licensee elects to block Legal Stories, the Licensee acknowledges and agrees that:
	(a)	it will not receive any Legal Stories as part of its subscription and will be solely responsible for selecting Legal Stories for publication on its website;
	(b)	any manual publication of Legal Stories must be still in accordance with the terms of this Agreement; and
	(c)	AAP has no liability whatsoever for any failure to supply Legal Stories as part of this Agreement.
11.	Additional Terms applying to Licensees of AAP's 2012 London Olympic Service ("AAP's Olympic Service").
	These terms apply to and are incorporated in the letter agreement between AAP and Licensee in respect of AAP's 2012 London Olympic Service ("Letter Agreement")
11.1	You must:
	(1)	not use text, images or videos from AAP's Olympic Service in a manner and context that damages the reputation and goodwill of AAP or any Information Source;
	(2)	not use text, images or videos included in AAP's Olympic Service in conjunction with or adjacent to material of an erotic nature;
	(3)	not distort the meaning of any text, images or videos or subject any part of the text, images or videos to derogatory or defamatory treatment;
	(4)	observe and comply reasonably promptly with all reasonable instructions from AAP regarding display of corrections, retractions or apologies in the form requested by AAP or in respect of the taking down of text, images or videos obtained from AAP's Olympic Service;
	(5)	ensure that AAP has at all times up to date contact details (including email address and phone numbers) of the current person or persons (during business hours AND outside business hours) authorised by Licensee to receive and immediately act upon correction, retraction or apology notices issued by AAP;
	(6)	not, without the prior written consent of AAP, enhance, customise or otherwise modify images from AAP's Olympic Service;
	(7)	notwithstanding any other provision in this Agreement, comply with any specific form of use restriction marked on or accompanying an image from AAP's Olympic Service;
	(8)	not use text, images or videos included in AAP's Olympic Service in conjunction with any brand other the Authorised Brand without the prior written consent of AAP (such consent which may be withheld by AAP at its absolute discretion);
	(9)	not modify text, images or videos included in AAP's Olympic Service except to the extent reasonably necessary to reformat such text, images or videos (but not alter the content itself), to enable Licensee to display the text, images or videos in or on the relevant Authorised Platforms; and
	(10)	not without the prior written consent of AAP, modify, alter, adapt, disassemble, decompile or amend text, images or videos from AAP's Olympic Service except to the extent necessary to ensure that their use in or on an Authorised Platform does not violate any laws, applicable user agreements (if any) or adversely affect operation of the Authorised Platform (including reputation and goodwill).
	Nothing in this clause will restrict Licensee from reporting the news truthfully.
12.	Licensee shall only use text, images or video from AAP's Olympic Service on the Authorised Platform for which a licence has been granted by AAP. Licensee may not merge the platform for distribution of such material through the acquisition of or merger with another online distributor of content or through co-branding, except with the expressed mutual consent of AAP.
13.	Licensee acknowledges and agrees that text, images or videos from AAP's Olympic Service are for the personal, non-commercial use only of Users and not otherwise for copying, archiving, storing, republication, re-distribution, re-dissemination, publication or any other commercial exploitation in any form or by any method whatsoever by Licensee, Users or any other persons ("Permitted Use").
14.	Acknowledgements, warranties and indemnities by Licensee.
14.1	Licensee acknowledges and agrees that:
	(1)	AAP reserves sole editorial discretion in relation to the form and content of the text included in AAP's Olympic Service;
	(2)	AAP is under no obligation to verify, identify and/or correct errors or retract allegedly defamatory material or identify any third party intellectual property rights in text, images and videos contained in AAP's Olympic Service.
	(3)	AAP and its Information Sources retain all intellectual property rights in the text, images or videos comprising AAP's Olympic Service
14.2	Licensee warrants to AAP that:
	(1)	Licensee has authority to enter into this Agreement;
	(2)	the signatory to the Letter Agreement is authorised to enter into and execute the Letter Agreement on Licensee’s behalf;
	(3)	Licensee will not through any act or omission bring the reputation of AAP or any Information Source into disrepute;
	(4)	the primary and intended market for the Authorised Platforms is Australia; and
	(5)	Licensee will use the text, images or videos contained in AAP's Olympic Service for the Authorised Platforms solely as permitted by the Letter Agreement.
	(6)	Licensee indemnifies AAP and its Information Sources against any loss, cost, expense, claim, liability, action, proceeding, damages or demand (including, without limitation, reasonable legal costs) that AAP or the Information Source suffers or incurs as a result of a breach by Licensee or any User’s breach of the terms of the Agreement and the warranties made by Licensee.
14.3	Subject to clause any indemnities, where any claims or legal actions of a third party (including but not limited to any claim for defamation, breach of privacy or injurious falsehood) are made or commenced against Licensee by any third party howsoever arising, Licensee hereby,
	(1)	acknowledges and agrees that AAP shall have no liability in respect of any such claims or legal actions or any expenses or damages suffered or incurred by Licensee as a result of such claims or legal actions being commenced; and
	(2)	waives and releases AAP from any liability in respect of such claims or legal actions.
15.	Warranties and indemnity by AAP
15.1	AAP warrants to Licensee that:
	(1)	AAP has authority to enter into the Letter Agreement;
	(2)	the signatory to the Letter Agreement is authorised to enter into and execute this Agreement on AAP's behalf; and
	(3)	the text, images or videos in AAP's Olympic Service, if used as permitted by this Agreement will not infringe the copyright or any other intellectual property rights of any third party.
15.2	AAP indemnifies Licensee against any liabilities, losses, expenses, damages or other costs (including, without limitation, reasonable legal costs) that Licensee suffers or incurs as a result of a breach by AAP of this clause provided that:
	(1)	the relevant claim does not arise from any modification to text, images or videos from AAP's Olympic Service made by Licensee or any person receiving text, images or videos from AAP's Olympic Service through Licensee other than as permitted by the Letter Agreement;
	(2)	the relevant claims does not arise as a result of a combination of text, images or videos from AAP's Olympic Service with other text, images or videos not from AAP's Olympic Service;
	(3)	the relevant claim does not concern text, images or videos that AAP notified Licensee should not be used;
	(4)	where the relevant claim is based on content obtained by AAP from an Information Source, this indemnity may be limited by the amount AAP recovers from such Information Source in proportion to other claims (actual or potential) arising out of the alleged infringement; and
	(5)	the relevant claim does not arise as a result of a breach by Licensee of the Permitted Use or display on an unauthorised platform.
15.3	To the extent permitted by law, AAP and any information source are not liable for any indirect, consequential, special or punitive loss or damage in respect of AAP's Olympic Service or any act or omission on its part in relation to its obligations under this Agreement or for any payments to third parties, loss of revenue, loss of profits, loss of goodwill or data however caused, whether or not:
	(1)	such loss or damage was foreseeable or contemplated by either party; or
	(2)	AAP is advised of the possibility of such loss or damage.
15.4	Subject to any indemnities and to the extent permitted by law, the total liability in all circumstances of AAP to Licensee in contract, tort (including negligence) or otherwise for any loss or damage is limited to the Charge paid by Licensee for AAP's Olympic Service. This limitation does not apply to AAP's liability under any indemnities.
16.	Confidentiality
	Each party acknowledges that Confidential Information of the other may be disclosed to it in the course of negotiating and performing this Agreement. Each party must hold such Confidential Information in strictest confidence and must not, without the consent of the other, disclose it to any person other than those of the party's employees, officers and Agents who are required to receive and consider the Confidential Information in the course of (and solely for) the purpose of the performance of this Agreement.

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leading media

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