WMA Open Image Archive Terms & Conditions

Terms of Use

By accessing or using the images in WMA Open Image Archive (hereby to be referred to as “the Archive”), you agree to abide by and be bound by the terms described herein, as well as any policies and guidelines in relation to Creative Commons licenses. If you do not agree to all of these terms, you should not use the Archive.

If there are differences between the English and Chinese versions of the Terms and Conditions and other texts on the WMA Open website referring to the Archive rules and regulations, the English version of the Terms and Conditions shall prevail.

Ownership of the Site and its Contents

The Archive is owned by WYNG Foundation, while the copyright and all other proprietary rights of the image and its content of the Archive belong to the photographers (the “Photographers”). All elements of the Archive, including images and text, are protected by copyright, moral rights and other laws relating to the protection of intellectual property as defined in the Copyright Ordinance of Hong Kong (Cap. 528) and other relevant local legislation.

Use of the Archive

You may not use the Archive including its images or its content for business, commercial, or profit-making purposes. You are specifically prohibited from selling, licensing, or in any way commercialising the Archive or the images or the content.

You may use the images according to the various Creative Commons License adopted by the images (the “License”) as summarised below:

• Poverty, Air, Waste, Identity: CCHK3 ATTRIBUTION – NONCOMMERCIAL – NODERIVS 
• Mobility, Transition, Opportunity: CC International 4 ATTRIBUTION – NONCOMMERCIAL – NODERIVS
• Light: CCHK3 ATTRIBUTION – NONCOMMERCIAL

The Archive including its images may not be used for: (a) any commercial purpose or to suggest endorsement or sponsorship; and (b) in a defamatory, pornographic or otherwise unlawful manner.

1. If you share the Archive (including in modified form), you must:
   1. retain the following if it is supplied with the Archive:
      1. identification of the Photographer(s) and any others designated to receive attribution, in any reasonable manner;
      2. a copyright notice;
      3. a notice that refers to the License;
      4. a URI or hyperlink to the Archive to the extent reasonably practicable;
   2. indicate if you modified the Archive and retain an indication of any previous modifications; and
   3. indicate the Archive is licensed under the License, and include the text of, or the URI or hyperlink to, the License.

Sample credit line:

[photographer’s name] / [image title] / [License type] / WMA Open Image Archive / with modification (if applicable)

2. You may satisfy the conditions in paragraph 1 above in any reasonable manner based on the medium, means, and context in which you share the Archive. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Photographer(s), you must remove any of the information required by paragraph 1 above to the extent reasonably practicable.
4. If the use of the Archive is for purposes relating to an election campaign that is intended for or directed towards commercial advantage or private monetary compensation, you must obtain the consent of the Photographer(s) prior to using the images in the Archive. In any case, the use of the Archive shall not be used for any commercial purposes.
5. You shall not collect or compile any information of an individual from the Archive in circumstances where it is possible to ascertain the identity of the individual from such information,  or in violation of data privacy or data protection principles in Hong Kong or elsewhere.

WYNG Foundation makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, as to the quality, content, nature or reliability of third-party websites accessible by hyperlink from the link or embedded viewer. WYNG Foundation is not responsible for the websites and the content linking to the Archive. The Archive provides these links to you for convenience and the inclusion of any link does not imply affiliation or endorsement by WYNG Foundation.

Indemnification

You agree to indemnify WYNG Foundation against any claims, damages, costs, liabilities and expenses arising out of or related to any images that you post, store or otherwise transmit on or through the Archive, your conduct, your use or inability to use the Archive, your breach or alleged breach of the Terms or of any representation or warranty contained herein, your unauthorized use of the images, or your violation of any rights of another.

Disclaimer

The Archive is provided “AS IS” and “AS AVAILABLE”.  WYNG Foundation reserves the right to change the terms and conditions at any time and in its sole discretion. WYNG Foundation will not be liable for any damages of any kind arising from the use of the Archive, including, but not limited to lost profits, and direct, special, indirect, incidental, consequential, punitive, exemplary or other losses, costs, expenses, or damages, even if WYNG Foundation has been advised of the possibility of such losses, costs, expenses, or damages. The Archive and the link and the embedded viewer are not warranted to be uninterrupted or without error or free from infection by virus of anything else that has contaminating or destructive properties. WYNG Foundation reserves the right, without notice and in its sole discretion, to remove the image and content from the link and the embedded viewer, and to terminate or block user the use of the Archive for any infringement of the terms and conditions.

The disclaimer provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

(Version: 4 September 2020)