Acceptable Use Policy

This acceptable use policy (Policy) sets the standard for content and conduct on the Tellisto platform. It is published by Tellisto (Rohan Hinton trading as Tellisto, ABN 53 050 194 779) (Tellisto, we, us or our). Its heart is the Content Standard in clause 4, which sets out what may and may not be uploaded to, stored on, or delivered through the Service.

This Policy is one of the documents that makes up the agreement between us and the photographers who hold an account, under our Software Terms and Conditions (Terms). Words defined in this Policy have the meaning given below, and other capitalised terms have the meaning given to them in the Terms. If there is any inconsistency between this Policy and the Terms, the Terms prevail.

1. 1.1

   In this Policy:

   Client means a client, lead or other person of yours who interacts with the Service through you, including anyone who views a Gallery, submits a form, signs a document, pays an invoice, or buys from your in-gallery store.

   Content means anything you upload, store, create, deliver or make available through the Service, including photographs, videos, website content, quotes, questionnaires, messages and listings.

   Gallery means a private online gallery through which a photographer delivers photographs and videos to their Clients.

   Intellectual Property means all intellectual property rights, including copyright, trade marks, designs, patents, and rights in confidential information and know-how.

   Service means the Tellisto platform and all features and services we make available, other than the Client Vault.

   you means the person this Policy applies to, as described in clause 2. If you hold an account, that means you; this Policy also applies to others to the extent set out in that clause.

2. 1.2

   In this Policy, a reference to photography includes videography, a reference to a photographer includes a videographer, and a reference to a photograph includes a video.

1. 2.1

   This Policy sets the standard for all Content on, and conduct on, the Service. How it binds a particular person depends on how they use the Service:

   1. If you hold an account with us, this Policy forms part of your agreement with us under the Terms, and you are bound by it. You are also responsible for your Clients, and anyone acting for you, complying with it.
   2. If you are not an account holder but you actively use an interactive feature of the Service - for example, uploading through a form, signing a document, or buying from an in-gallery store - you are bound by this Policy to the extent you accept it when you use that feature.
   3. If you are only viewing or receiving Content, for example by opening a Gallery a photographer has shared with you, this Policy is not a contract with you. It tells you the standard that applies to Content on the Service, and how to report a concern under clause 7.
2. 2.2

   Whoever it binds, the Content Standard in clause 4 applies to all Content on the Service, and we may act on Content that breaches it under clause 6, whether or not the person responsible for it is bound by this Policy.

1. 3.1

   You may use the Service only for its intended purpose, and in accordance with this Policy, the Terms and all applicable laws. You are responsible for your Content and for everything done through your account.

2. 3.2

   You must not:

   1. use the Service in any way that breaks the law, infringes anyone’s rights, or helps someone else do so;
   2. interfere with, disrupt, or attempt to gain unauthorised access to the Service, its infrastructure, or any other user’s account or data;
   3. introduce malicious code, or probe, scan or test the vulnerability of any system, or defeat or circumvent any security or access control;
   4. scrape, harvest or collect data from the Service except through features we provide for that purpose, or use the Service to build a competing product;
   5. send messages through the Service in breach of the Spam Act 2003 (Cth) or the Unsolicited Electronic Messages Act 2007 (NZ), or without the consent those laws require;
   6. misrepresent who you are, or impersonate any person or organisation; or
   7. share your access credentials, or let anyone use the Service in a way that would breach this Policy.

1. 4.1

   This clause sets out the Content Standard that applies to all Content and to your use of the Service. The same standard is set out in clause 7 of our Software Terms and Conditions. You must comply with it, and you are responsible for your Clients and anyone acting for you complying with it.

2. 4.2

   Prohibited content

   You must not upload, store, deliver, sell, distribute or otherwise use the Service in connection with any of the following:

   1. child sexual abuse material, and any sexualised depiction of a minor or of any person who appears to be a minor;
   2. intimate or sexual images of a person created or shared without that person’s consent (non-consensual intimate imagery);
   3. content that depicts or promotes extreme violence, gore, cruelty, or abuse of people or animals;
   4. terrorist or violent extremist content;
   5. content that infringes another person’s Intellectual Property or other rights;
   6. content that harasses, bullies, threatens or defames another person;
   7. spam, or malicious code, malware, or anything designed to disrupt or gain unauthorised access to any system.
3. 4.3

   Adult content

   The Service is for professional photography and videography, and not for adult entertainment. The following distinctions apply to adult and sensitive content:

   1. Legitimate professional photography that is sensual or includes nudity is permitted, including boudoir, fine-art and artistic nude, glamour, lifestyle and cosplay photography (including suggestive or “sexy” content), provided every person depicted is a consenting adult.
   2. Ordinary professional photography of children is permitted, including newborn, maternity, family and child portraiture. What is prohibited is the sexualisation of a minor, not the depiction of a minor.
   3. Pornographic and sexually explicit material is prohibited. This means content that depicts actual or simulated sexual activity, or whose primary purpose is sexual arousal, and any use of the Service to store, deliver, sell or distribute adult-entertainment content. The line is explicit sexual activity and pornographic purpose - not nudity or sensuality.

   The prohibition on any sexualisation of a minor applies absolutely and without exception, regardless of anything else in this clause.

4. 4.4

   You must also comply with all laws that apply to you, your Content and your use of the Service.

1. 5.1

   If you upload photographs or videos, you must hold all the rights, consents, model releases and permissions needed for the people shown in them, including, for any minor, the consent of a parent or guardian. This mirrors the warranty a photographer gives under the Terms, and it is a condition of using the Service.

1. 6.1

   We scan Content uploaded to the Service, including by matching it against databases of known abuse imagery. Only a mathematical hash of an image is used for that matching - never the image itself. For a video, we sample frames from it and match a hash of each sampled frame in the same way, and only the hash is ever used, never the video itself.

2. 6.2

   We may also review, monitor and moderate Content, both automatically and manually, where we reasonably consider it necessary for safety, security or legal compliance, or to handle a report. We do not, however, undertake to monitor, review or pre-screen all Content, we do not guarantee that we will identify all prohibited Content, and our reviewing or moderating Content does not make us responsible for it or reduce your responsibility for it under the Terms.

3. 6.3

   We may, at our discretion where we reasonably consider it necessary, quarantine, restrict access to, remove or delete any Content; restrict, throttle or disable features; and suspend or limit an account. We will usually give notice, but we may act without notice where we are required to comply with the law, to protect any person’s safety, or to address a serious or urgent risk.

4. 6.4

   We may preserve Content and records where we reasonably consider it necessary, including for a safety matter, a legal hold, a dispute, or a request from a court, regulator or law enforcement agency, even where they would otherwise be deleted.

5. 6.5

   We may disclose Content and information to, and refer matters to, law enforcement agencies, regulators and other authorities where we are required or permitted to, or to protect any person’s safety. Where we identify apparent unlawful content, we may report it to the appropriate authorities. We comply with our obligations under applicable laws, including online safety and criminal laws.

6. 6.6

   Nothing in this clause limits the rights we have under the Terms, and a breach of this Policy by an account holder is a breach of the Terms.

1. 7.1

   Anyone can report Content to us, whether or not they hold an account, using the reporting facility in the Gallery or at [email protected]. Please tell us what the Content is and where it is, and why you think it breaches this Policy.

2. 7.2

   We handle reports through a graduated enforcement process that may range from a warning, through feature restriction, content removal and suspension, to termination, depending on the seriousness of the matter and any history. We give priority to reports concerning the safety of children and other people at risk.

1. 8.1

   We may update this Policy from time to time, for example to reflect changes to the Service or the law. Where a change materially affects account holders, we will give reasonable notice in the way described in the Terms. The current version is always available on our website.

1. 9.1

   For any question about this Policy, contact us at [email protected].