Copyright

IMPORTANT - READ CAREFULLY: This Clickwrap Photograph Agreement is a legal agreement between you and Greta Estate Pty Limited of 12 Woodside Avenue, Burwood NSW 2134 (referred to for this agreement as 'Camp Greta Photo Gallery', 'we', or 'us').

Background:

We own and operate the Greta Camp Photo Gallery website with the URL www.anvilcreek.com (the 'Website'). The purpose of the Website is to promote the Photographs and families connected to Greta Army and Migrant Camp particularly between the years 1939 and 1960, and to allow the photographs to be copied by others from the Website or otherwise. We reserve the right to post or not post any Photograph submitted and change the terms of this Agreement upon thirty (30) days prior notice

1. The Licence:

You confirm that own the rights in certain photographs. By submitting those Photographs to us for posting on our Website, and by clicking 'ACCEPT'' below, you (including if you are a group of people claiming ownership of the photographs, each individual that is a member of the group) will be agreeing to the terms of this Agreement. By clicking 'ACCEPT'' you confirm to us that you are 'signing' this Agreement.

If an individual is accepting this Agreement on behalf of an owner of the photographs or group of owners, that individual represents and warrants to us that such acceptance is being made with full authority and such individual agrees to indemnify and hold us harmless if we incur any losses, due to a claim by any party against us that such acceptance was made without authority.

2. Term:

The 'Term'' of this Agreement will begin on the date you click that you 'ACCEPT'' the terms of the Agreement and ends upon thirty (30) days prior notice from one party to the other that the Term has ended. Additionally, if you fail to post your profile and/or submit your Photograph within the periods provided in our 'Photograph Guidelines'' available on our Website (which you acknowledge reading) or otherwise fail to comply with the terms of this Agreement, or of the Photograph Guidelines, we may terminate the Term immediately without prior notice. Your warranties and indemnities survive the Term.

3. Submissions:

You will create and keep current your profile and Photographs in accordance with the terms of our 'Photograph Guidelines'' available on this Website and you will submit Photographs to us for posting either over the Internet or by having a hard copy delivered to us. Submissions may be in the form required on the Camp Greta Image Gallery web page under the heading 'Submit photo'. You agree that you will comply with the terms of our Photograph Guidelines in connection with all of your submissions. We do not charge you for making any of your submissions. However, it is necessary for you to submit your materials in the correct formats. We do not guarantee and will not be liable for the results of any conversion of Photographs that you submit.

4. Screening:

We review work for compliance with our Photograph Guidelines and the quality of the digitalization and will reject it if it is not acceptable to us or if material is objectionable because of the nature of the material. We reserve the right to refuse to post any material at our discretion.

We do not accept any responsibility for the reproduction or communication to the public and it is your responsibility to make sure that posting of any material you submit will not violate the rights of any individual or entity.

5. Reservation of Right to Change Terms:

 We reserve the right to change any of the terms of this Agreement by submitting or making any change available to be viewed on the Website upon thirty (30) days prior notice and/or by sending you an email and/or sending you a notice to an address you may have given to us. If you do not object to the change within such thirty (30) days, such change will be effective with respect to you. If you object, we will have the right to either terminate the Term or agree that the change does not apply to you.

6. Licence Grants:

As at the time of clicking, (acceptance) you grant to us, and our successors and assigns, a non-exclusive perpetual licence to post your Photograph on the Website, on any other website owned by the Greta Estate Pty Limited and on any website owned by a successor to any such website or any website of any successor organisation (the Website and all such other websites being referred to herein as the 'Websites'') and in connection with all promotions of any one or more of the Websites.

For clarity, you retain all of your ownership rights in your Photographs. However, by submitting the Photographs to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, communicate to the public, reproduce, distribute, prepare derivative works of, display, and perform the Photographs in connection with the Website and Greta Estate Pty Limited's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media and any formats. You also hereby grant each user of the Website a non-exclusive license to access your Photographs through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Photographs as permitted through the functionality of the Website.

7. Privacy and Publicity Rights:

You grant us, and our successors and assigns, a release of any and all privacy and publicity rights in any images, names or other identifying and/or biographical information or materials that you post or otherwise submit to us expressly permitting us or any successor to post such information and materials on one or more of the Websites and permitting us or any successor to use such information or materials in connection with promoting any one or more of the Websites.

8. Your Representations and Warranties:

 You represent and warrant to us that you own the copyright in the Photograph, that you have full right and authority to grant to us the licences, and releases you have granted to us and the right to license others hereunder. You further represent and warrant that we are free to use all the materials that you submit to us in accordance with the terms of this Agreement and that any use of the materials in accordance with the terms of this Agreement will not violate any laws or the rights of any person.

9. Intellectual Property Rights:

The content on the Website, except the user supplied Photographs, including without limitation, the text, software, scripts, graphics, our own photos, sounds, music, videos, interactive features and the like ('Content') and the trademarks, service marks and logos contained therein ('Marks'), are owned by or licensed to us, subject to copyright and other intellectual property rights under Australian

and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Camp Greta Photo Gallery reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Photographs of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content.

10. Our Disclaimer of Warranties:

We are providing all the services we are providing 'as is,'' without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or non-infringement. to the fullest extent permitted by law, we and our suppliers make no warranties and shall not be liable for any use of the Websites under any circumstances, including, but not limited to, for our, or our suppliers', negligence. we do not warrant that the operation of our Website will be uninterrupted or error free, that defects will be corrected or that the Website or services will meet any particular criteria of performance or quality.

11. Indemnity:

You agree to indemnify and hold us, and our employees, subcontractors and suppliers, (we and all such other indemnified parties being referred to herein as the 'Indemnified Parties'') harmless from any and all losses, including, but not limited to, lawyers fees, that any one or more of the Indemnified Parties may incur as a result of your violation of any of the terms and conditions of this Agreement including, but not limited to, your breach of any of the warranties or representations, and including claims based on the negligence of any one or more of the Indemnified Parties.

12. Limitation of Liability:

You assume full responsibility and risk of loss resulting from your use of this Website and any information on this Website. under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid for use of the Website (which will in most cases be nothing) and you release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.

13. Notices:

All notices shall be in writing and shall be delivered, faxed or e-mailed or sent by registered or certified mail, postage fully prepaid, with a copy sent by ordinary mail. The following mail addresses, fax numbers and e-mail addresses shall be used for notifications to us for these purposes:

Mail: Greta Estates Pty Limited, 12 Woodside Avenue, Burwood NSW 2134

Fax: 61 2 9360 9747

Email: info@anvilcreek.com

Notices to you shall be to the addresses, fax numbers and/or email addresses you provide to us in your profile or as otherwise provided in this Agreement. Any party may change the address, fax number and/or e-mail address for that party by written notice hereunder. All notices shall be effective upon the date of the earlier of delivery or attempted delivery, if mailed certified mail, delivery, if hand delivered, faxing, if faxed and e-mailing, if e-mailed.

14. Miscellaneous

14.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of New South Wales Australia.

14.2 Disclaimer. It is understood and agreed that materials posted to any website including our Website may be copied by third parties, and we are not responsible for preventing copying.

14.3 Further Actions. You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

14.4 Relationship of the Parties. The parties agree that there is not and will not be any partnership, joint venture, employer-employee, master-servant, or franchisor-franchisee relationship between the parties hereto. 14.5. Amendments. No amendment or other change of this Agreement shall be effective unless and until changed in accordance with Clause 5 of this Agreement or otherwise assented to by both parties. Such assent must be in writing, although such writing and assent may be electronic such as by a mouse click.

14.6 Entire Agreement. This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.