*The language below would apply to all contributed content submitted to DEC, defined as: photographs, videos, and audio; except the New York State Conservationist magazine. For the New York State Conservationist magazine’s contributor guidelines please refer to the: Contributor's Guide - NYSDEC.
By submitting contributed content, you are confirming your agreement and acceptance of the following terms and conditions:
You hereby grant the New York State Department of Environmental Conservation (“DEC”), and assign the non-exclusive, worldwide, royalty-free, right and license to use, reproduce, distribute, display, or exhibit the contributed content at any time and for any purpose, and to use the same in any medium, and in any form, including but not limited to, print, electronic, or digital, for any purpose, including but not limited to, the promotion of DEC or other purpose. Photos, videos, and audio files remain your property. DEC will have limited rights to use all submitted contributed content indefinitely for DEC education and promotion purposes. When doing so you will always be credited appropriately to the media in which it is used. Credit includes your name to be added to print and/or digital materials, and your name and/or hashtag with DEC social media. You will maintain copyright of the image, video and/or audio and will not expect to be paid, nor will you compensate DEC for use of the image. DEC adheres to and applies the Terms of Participation for Social Media (“Terms of Participation” or “TOP”), which expands on the Community Standards of each respective social media platform (Meta, X, etc.). By contributing content to DEC for use in accordance with this Terms of Use, you acknowledge and accept DEC’s TOPs as set forth under DEC’s Website Usage and Policies: Terms of Participation for Social Media.
You represent and warrant that: (i) the Contributed Content does not violate any applicable laws or regulations, including without limitation any third party copyright, trademark, or other intellectual property right; (ii) you are the sole and exclusive owner of all right, title, and interest in and to the contributed content and there is no contract, option, or any other right of any person, now or at any time in the future, that may prohibit you from granting this license to DEC; (iii) you are 18 years of age or older; (iv) you have all necessary permissions and releases for the use of any logos, uniforms, or images of any person depicted in the
photo or video. For individuals appearing in photographs or videos under age 18, your submission constitutes that you have the permission of this individual’s legal guardian to submit this contributed content. The contributed content is your original work. This means; (v) you are the sole owner of the copyright; (vi) contributed content accurately reflect the subject and background as it appeared in the viewfinder; and (vii) contributed content was not altered in any way, including but not limited to removing, adding, reversing, or distorting subjects within the frame. You also understand that the contributed content may be modified or retouched solely for the purposes of enhancing or improving the quality, and/or resize.
You hereby release and discharge DEC officers, directors, employees, from any and all claims, demands, liabilities or expenses that you may now or hereafter have or incur by reason of the capture, reproduction, exhibition, distribution or use of the contributed content. You agree to defend, indemnify, and hold DEC employees and agents harmless from any and all damages, claims, liabilities, losses, suits, settlements, or expenses (including attorney’s fees) arising out of or relating to: (i) a breach by you of a warranty, representation, covenant or agreement made herein; (ii) infringement of the rights or property of a third party; (iii) misrepresentations to you by a third party; or (iv) your acts or omission. This license grant shall be governed and construed in accordance with the laws of the State of New York, irrespective of conflict of laws principles, and you agree that any and all claims asserted by or against DEC arising under this Agreement or related thereto shall be heard and determined in a federal or state court located in the State of New York.
