ODFW photo submission terms and conditions

July 11, 2018

Please read these terms and conditions before submitting photos to ODFW for its use in web, print and other materials.

Terms and conditions for photo upload and display

A. General

This is a legally enforceable agreement between you and the Oregon Department of Fish and Wildlife (ODFW) governing the uploading of any photo(s) for possible display by ODFW and retention and use of any such photo(s). ODFW is providing you the opportunity to upload your photos for possible display by ODFW. Uploading any photo(s) for possible display is entirely voluntary. You will not be compensated for uploading any photo(s). Uploaded photos selected for display may be publicly viewable by any and all users and/or recipients of ODFW’s media. By uploading any photo(s) for possible display by ODFW, you agree to and are bound by all of the terms and conditions of this Agreement and your permission to upload any photo(s) is conditioned on your agreement to these Terms and Conditions.

B. Definitions

“Agreement” means these Terms and Conditions in their entirety.

“Display” means to publish, distribute, broadcast, transmit, reproduce, or otherwise make viewable or available on or in any media.

“Commission” means the Oregon Fish and Wildlife Commission.

“Media” includes, but is not limited to, electronic media such as an Internet website, blog, message board, social networking environment (including Facebook), social communications, email, and other electronic communication functionality, and hard copy media, such as brochures, reports, mailings, and any other printed or published material.

“Upload” means to transfer a digital or digitized photo file from a computer being used by you to a computer server designated by ODFW to receive uploaded photos.

“ODFW” means the Oregon Department of Fish and Wildlife, an administrative agency of the State of Oregon.

C. Your age and capacity to enter into a contract

By uploading any photo(s) for possible display by ODFW, you warrant that you are at least 18 years of age and otherwise able to enter into a binding contract under Oregon State law. If you are under 18 years of age, you may not upload any photo(s) for possible display by ODFW. Your parent or guardian may upload photos on your behalf, provided he or she personally agrees to these Terms and Conditions.

D. Ownership and/or authorization to use and display any uploaded photo(s)

By uploading any photo(s) for possible display by ODFW, you warrant that you own the copyright to such photo(s) and/or have acquired, have been assigned, or otherwise possess the right, license, and/or authorization to use and/or display any such photo(s). You further warrant that you are legally permitted and authorized to grant to ODFW the licenses and permissions set forth in this Agreement as to any such uploaded photo(s) and any individual(s) displayed in such photo(s). You furthermore warrant that you are the parent or legal guardian or have obtained permission from the parent or legal guardian of any minors identifiable in the photograph.

E. Permission and license to display and modify/alter uploaded photo(s) and to use any individuals’ photographic image depicted on any such photo(s)

By uploading any photo(s) for possible display by ODFW, you grant permission and license to ODFW to display such photo(s) without any cost to ODFW or compensation paid to you by ODFW or any other party. You acknowledge that ODFW may display such photo(s) for marketing or communication purposes on media owned, controlled, or created by ODFW or at ODFW’s direction. You grant to ODFW permission and license to modify and/or alter any such photo(s) as ODFW deems necessary and appropriate, at its sole discretion, and to display any such photo(s) as modified and/or altered by ODFW. Modification and/or alteration could include, but is not limited to, cropping, resizing, and retouching. You waive the right to view or otherwise inspect and/or approve any version of any photo(s) uploaded prior to the display of any such photo(s). The permissions granted in this paragraph are non-exclusive and non-transferable, but are unrestricted, unconditional, unlimited, worldwide, irrevocable, and perpetual.

By uploading any photo(s) for possible display by ODFW, you grant to ODFW permission and license to use and display photographic image(s) of you, if you appear in any such photo. Further, you warrant that you have acquired, have been assigned, or otherwise possess the right, permission, and authority to grant to ODFW permission and license to use and display the photographic image(s) of any and all other individuals displayed in any such photo(s) on behalf of such individual(s) and you grant such permission and license to ODFW on behalf of any and all such individuals. You further warrant that any such photo(s) does not depict subject matter that violates any laws or individual rights, or that the uploading of such photo(s) is not done with intent to harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to any individual or entity.

F. ODFW’s authority to select uploaded photos for display and to retain and dispose of uploaded photos; removal of uploaded photo(s) from the Gallery at your request

By uploading any photo(s) for possible display by ODFW, you acknowledge that ODFW has the right and authority to, at its sole discretion, decide whether, when, and for what duration, to display any uploaded photo(s) and that you have no rights or recourse with respect to such decisions by ODFW. You further acknowledge that ODFW has the right to retain any photo(s) uploaded by you for whatever duration ODFW, at its sole discretion, deems necessary and appropriate, and that ODFW may, at its sole discretion, dispose of or destroy any such photo(s) at any time and without any advance notice to you.

By uploading any photo(s) for possible display by ODFW, you acknowledge that ODFW may agree to remove any photo(s) from the Gallery upon your request, but that ODFW has no responsibility to do so and is in no way liable to you for its failure to do so.

G. ODFW not liable for incorrect attribution or failure to correctly attribute any uploaded photo(s)

By uploading any photo(s) for possible display by ODFW, you acknowledge that ODFW will make reasonable attempts to correctly attribute any uploaded photo(s) to you when displayed, but that ODFW has no responsibility to correctly attribute any uploaded photo(s) to you and is in no way liable for its failure to attribute any photo(s) to you or for its incorrect attribution with respect to any uploaded photo(s).

H. Uploaded files free from computer viruses, worms, etc.

By uploading any photo(s) for possible display by ODFW, you warrant that the digital file(s) uploaded does not contain any computer virus, worm, or any disabling or damaging mechanism that could damage and/or disable ODFW’s software or hardware or its services or facilities.

I. User has no privacy interest in any uploaded photo(s); such photos(s) subject to release under the Public Records Act

By uploading any photo(s) for possible display by ODFW, you acknowledge that you have no privacy interest in any uploaded photo(s) and further acknowledge that any uploaded photo(s) is subject to release under the Oregon Public Records Law, Oregon Revised Statutes (ORS) 192.410 to 192.505, whether or not displayed. ODFW assumes no responsibility for notifying you prior to releasing any photo(s) uploaded by you in response to a public records request.

J. ODFW not responsible for technical problems related to or involving the upload of any photo(s)

By uploading any photo(s) for possible display by ODFW, or attempting such upload, you acknowledge that ODFW is not responsible for the failure of any photo(s) to properly upload, or the loss of any photo(s) or other data in the upload process, whether as a result of technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or delayed uploads, whether caused by you or hardware and/or software in your ownership or control or by ODFW, or its agents or contractors, or hardware and/or software in the control or ownership of ODFW, or its agents or contractors.

K. Disputes

By uploading any photo(s) for possible display by ODFW, you agree that any dispute related to this agreement will be heard and decided in the Superior Court for Marion County, Oregon and resolved according to Oregon State law.

L. Waiver of any and all claims related to upload, storage, maintenance, and/or display of any uploaded photo(s); ODFW not liable for acts of third parties

By uploading any photo(s) for possible display by ODFW, you waive any and all claims against the State of Oregon, ODFW, the Commission and the Commissioners thereof, and any current, former, of future employee or agent of the State of Oregon, ODFW, or the Commission related to the upload, display, retention, and/or disposal of any uploaded photo(s), including, but not limited to, claims related to the loss or destruction of any uploaded photo(s) or for copyright infringement, invasion of privacy, defamation, or unlawful appropriation of any individual’s image or likeness. You acknowledge that ODFW is not responsible for the acts of third parties related to any photo(s) uploaded by you, including re-display of any such photo(s) on or in any media and in any form.

M. Indemnification

By uploading any photo(s) for possible display by ODFW, you agree to indemnify and hold harmless the State of Oregon, ODFW, the Oregon Fish and Wildlife Commission and the Commissioners thereof, and any current, former, of future employee, agent, or contractor of the State of Oregon, ODFW, or the Commission for any actions, claims, liabilities, damage, costs, or expenses resulting from your breach any provision of this Agreement.

N. Waiver and severability

Any failure to insist upon or enforce any provision of the Agreement shall not be construed as a waiver of any provision of this Agreement. If any term or provision of this agreement is unenforceable for any reason, that portion is deemed severed and the remainder of the agreement shall remain in full force and effect.

O. Entire Agreement

These Agreement represents the entire agreement between you and ODFW and contains all the agreed-to terms and conditions. No other agreements or understandings, oral or written, regarding the subject matter of this Agreement will be deemed to exist to bind you and/or ODFW.