User-generated Content Agreement

Last Updated: March 11, 2024 

The User-Generated Content Agreement (the “UGC Agreement”) describes the terms and conditions under which Idaho Department of Fish and Game (collectively, “Idaho Fish and Game,” “IDFG,” “we,” “us,” or “our”) may use certain content created and publicly posted by you (“User-Generated Content”), which is identified in Idaho Fish and Game’s communication to you via email, text message, form submission or by the social media platform or website on which such User-Generated Content appears. By replying “Y”, “#YES,” “YES,” or “I Accept” or “I Agree,” you agree to the terms and conditions of this UGC Agreement. 

You acknowledge that you are responsible for any information, profiles, messages, text, files, claims, suggestions, images, photos, video, music, sounds, or other content or materials that you submit, upload, post, or otherwise provide or make available to Idaho Fish and Game or its vendors. (“Submission”) could include that which is done on or through the Sites and Apps or otherwise, including User-Generated Content you agree to allow the use of on third-party companies’ Sites and Apps such as Instagram, Twitter, Facebook, and others. These uses may include those that are associated with hashtags related to Idaho Fish and Game, including, for example, #IdahoFishAndGame. 

License grant

You hereby grant to Idaho Fish and Game a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license to use, copy, display, edit, excerpt, modify, reproduce, publish, perform, stream, broadcast, archive, publicize, and promote, with the right to also use in compilations, and make derivative works from (and to authorize third parties to exercise such rights on behalf of Idaho Fish and Game) the User-Generated Content on any and all of our websites, blogs, mobile sites and apps, emails, print and other Idaho Fish and Game-branded digital and social media sites, channels, and promotions, whether now or hereafter existing. Idaho Fish and Game may use User-Generated Content with reasonable efforts to provide attribution to the source of such content, but is not required to do so. Idaho Fish and Game recognizes you may gain promotional and other value from such Idaho Fish and Game’s use or attribution to you as a content source. 

You agree and warrant that (i) the User-Generated Content was created by you or that you own or control all rights in such User-Generated Content; and (ii) the exercise by Idaho Fish and Game of its rights under this UGC Agreement will not violate the rights of any third party or any applicable laws or regulations. 

Non-confidentiality of your user-generated content

Except as otherwise described in our Privacy Policy or any additional terms that from time to time may apply, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) Idaho Fish and Game does not assume any monetary or non-monetary obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Idaho Fish and Game’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this UGC Agreement. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content. You also acknowledge that Idaho Fish and Game or its partners may use your Submission and any ideas, concepts or know-how contained therein, for any Idaho Fish and Game purpose including without limitation, developing, manufacturing, distributing, and marketing products and/or services. 

Privacy Policy

This UGC Agreement and the use of User-Generated Content by Idaho Fish and Game that is permitted hereunder are subject to the terms of the Idaho Fish and Game Privacy Policy. 

Representation and warranties related to your user-generated content

Each time you submit any User-Generated Content, you represent and warrant that you are at least eighteen (18) years of age and are the parent or legal guardian, or have all proper consents from the parent(s) or legal guardian(s) of any minor who is depicted in or contributed to any User-Generated Content you submit. As to that User-Generated Content,  

1. you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Idaho Fish and Game the rights to it that you are granting by this UGC Agreement and any additional terms, all without any Idaho Fish and Game obligation to obtain consent of any third party and without creating any obligation or liability of Idaho Fish and Game;  
2. the User-Generated Content is accurate;  
3. the User-Generated Content does not and, as to Idaho Fish and Game permitted uses and exploitation set forth in this UGC Agreement, will not infringe any intellectual property or other right of any third party; and ( 
4. the User-Generated Content will not violate this UGC Agreement and will not cause injury or harm to any person. 

Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL IDAHO FISH AND GAME, ITS MEMBERS OR AFFILIATES (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR OTHER AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE USER-GENERATED CONTENT OR THIS UGC AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. 

Indemnity & release

You agree to indemnify, defend and hold harmless Idaho Fish and Game, its agents, suppliers, licensees, successors, or assigns, and Idaho Fish and Game’s respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of this UGC Agreement. You also hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this UGC Agreement. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

Choice of law and venue 

This UGC Agreement shall be governed by the laws of the State of Idaho, without regard to its conflict of law principles. Jurisdiction for any claims arising under this UGC Agreement shall lie exclusively with Idaho state courts.