Terms & Conditions (Copyright Clause)

1. IN THIS AGREEMENT the term picture or image includes photography, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction; the term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist's reference or illustration, or in a layout or presentation.
2. NO VARIATION OF the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
3. Unless explicitly mentioned otherwise, Sabah Tourism Board (STB) owns the exclusive copyright to all photographs and text appearing on the Sabahtourism.com site. No images are within the Public Domain. Any use of images outside of the guidelines outlined in this document is copyright infringement.
   1. PRIVATE USE, limited to: (a) personal, non-commercial or (b) sample, design, test, or layout use ("comp use"), can be done without permission.All other uses require written permission obtained through email.
   2. PUBLIC USE (diffusion by any means) for non-commercial purpose by individuals and all-volunteer organizations will likely be granted free permission, but approval is required. Free permissions always require proper attribution (including an active backlink, if used on the Web), no alterations and should strictly be used to promote SABAH.
   3. All others will need a licensing contract and payment.
4. THE CLIENT MUST accompany any reproduction of a picture with the credit line or copyright notice given on the picture's mount or caption, in the form "(Photographer)/Sabah Tourism Board", unless otherwise agreed in writing by STB. Clients who persistently fail to credit pictures will be liable.
5. ONE COPY OF any printed publication or relevant pages or proofs thereof containing any reproductions of STB pictures are to be supplied to STB (Mailing Address: Communications Unit, Sabah Tourism Board, 51 Gaya Street, 88000 Kota Kinabalu, Sabah, Malaysia.) free of charge within two weeks of publication, together with details of initial print runs, and when known, of subsequent print runs. In other media, evidence of reproduction and all details of use must be made available on request.
6. ALL FORMS OF electronic copying, reproduction, publication, transmission, and/or storage of a picture are prohibited without the express prior written consent of STB.
7. THE CLIENT WILL provide STB with all such information as STB may reasonably require about digital encryption and compression of images for use on CD-ROM and other digital products to prevent piracy and unauthorised use of pictures submitted by STB.
8. THE CLIENT MAY not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without STB’s written permission.
9. WHILE STB HAS taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors
10. UNLESS SPECIFIED IN writing, STB makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
11. THE CLIENT WILL fully indemnify STB against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without STB's prior written consent).