A. General
This is a legally enforceable agreement between you and the Washington Department of Fish and Wildlife (WDFW) governing the uploading or sharing of digital imagery consisting of photo(s) or submitting links to video(s) for possible display by WDFW and retention and use of any such photo(s)/video(s). WDFW is providing you the opportunity to upload your digital imagery for possible display by WDFW. Uploading any digital imagery for possible display is entirely voluntary. You will not be compensated for uploading any digital imagery. Uploaded digital imagery selected for display may be publicly viewable by any and all users and/or recipients of WDFW's media. By uploading any digital imagery for possible display by WDFW, you agree to and are bound by all of the terms and conditions of this Agreement and your permission to upload any digital imagery is conditioned on your agreement to these Terms and Conditions.
B. Definitions
"Digital Imagery" means the uploading of digital images and photos or the sharing of links to online videos.
"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 Washington 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 WDFW to receive uploaded photos or the sharing of links to online video content.
"WDFW" means the Washington Department of Fish and Wildlife, an administrative agency of the State of Washington.
C. Your age and capacity to enter into a contract
By uploading any digital imagery for possible display by WDFW, you warrant that you are at least 18 years of age and otherwise able to enter into a binding contract under Washington State law. If you are under 18 years of age, you may not upload any digital imagery for possible display by WDFW. 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 digital imagery
By uploading any digital imagery for possible display by WDFW, you warrant that you own the copyright to such digital imagery and/or have acquired, have been assigned, or otherwise possess the right, license, and/or authorization to use and/or display any such digital imagery. You further warrant that you are legally permitted and authorized to grant to WDFW the licenses and permissions set forth in this Agreement as to any such uploaded digital imagery and any individual(s) displayed in such digital imagery. 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 digital imagery and to use any individuals' photographic image depicted on any such digital imagery
By uploading any digital imagery for possible display by WDFW, you grant permission and license to WDFW to display such digital imagery without any cost to WDFW or compensation paid to you by WDFW or any other party. You acknowledge that WDFW may display such photo(s) for marketing or communication purposes on media owned, controlled, or created by WDFW or at WDFW's direction. You grant to WDFW permission and license to modify and/or alter any such photo(s) as WDFW deems necessary and appropriate, at its sole discretion, and to display any such photo(s) as modified and/or altered by WDFW. 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 WDFW, you grant to WDFW 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 WDFW 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 WDFW 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. WDFW'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 WDFW, you acknowledge that WDFW 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 WDFW. You further acknowledge that WDFW has the right to retain any photo(s) uploaded by you for whatever duration WDFW, at its sole discretion, deems necessary and appropriate, and that WDFW 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 WDFW, you acknowledge that WDFW may agree to remove any photo(s) from the Gallery upon your request, but that WDFW has no responsibility to do so and is in no way liable to you for its failure to do so.
G. WDFW not liable for incorrect attribution or failure to correctly attribute any uploaded photo(s)
By uploading any photo(s) for possible display by WDFW, you acknowledge that WDFW will make reasonable attempts to correctly attribute any uploaded photo(s) to you when displayed, but that WDFW 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 WDFW, 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 WDFW'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 WDFW, 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 Public Records Act, Chapter 42.56 RCW, whether or not displayed. WDFW assumes no responsibility for notifying you prior to releasing any photo(s) uploaded by you in response to a public records request.
J. WDFW not responsible for technical problems related to or involving the upload of any photo(s)
By uploading any photo(s) for possible display by WDFW, or attempting such upload, you acknowledge that WDFW 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 WDFW, or its agents or contractors, or hardware and/or software in the control or ownership of WDFW, or its agents or contractors.
K. Disputes
By uploading any photo(s) for possible display by WDFW, you agree that any dispute related to this agreement will be heard and decided in the Superior Court for Thurston County, Washington and resolved according to Washington State law.
L. Waiver of any and all claims related to upload, storage, maintenance, and/or display of any uploaded photo(s); WDFW not liable for acts of third parties
By uploading any photo(s) for possible display by WDFW, you waive any and all claims against the State of Washington, WDFW, the Commission and the Commissioners thereof, and any current, former, of future employee or agent of the State of Washington, WDFW, 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 WDFW 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 WDFW, you agree to indemnify and hold harmless the State of Washington, WDFW, the Washington Fish and Wildlife Commission and the Commissioners thereof, and any current, former, of future employee, agent, or contractor of the State of Washington, WDFW, 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 WDFW 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 WDFW.