Photo & Video Requests Permissions

Explore Butte Coun­ty (“EBC”) loves engag­ing with our res­i­dents and vis­i­tors. From time to time, we find con­tent that users like you may post on these var­i­ous plat­forms, includ­ing but not lim­it­ed to Tik­Tok, Insta­gram, YouTube, and Face­book, that appeal to us and that we would love to show to oth­ers. You under­stand that such con­tent may include pho­tographs, text, videos, graph­ics, and infor­ma­tion about you such as your user­name, per­son­al name, social media han­dle, image, like­ness, pic­ture, por­trait, and sound of your voice, and any oth­er pho­to­graph­ic or dig­i­tal rep­re­sen­ta­tion of you that you make avail­able on the online plat­form from which the con­tent is being sourced (col­lec­tive­ly, the ​“Con­tent”). These User Gen­er­at­ed Con­tent (“UGC”) Terms and Con­di­tions are about how we ask your per­mis­sion to share your Con­tent and the terms that apply to you and us when we do so.

Should you respond to our request for per­mis­sion to use your Con­tent using our approval link or with #Yes­But­te­Coun­ty, you agree to these User Gen­er­at­ed Con­tent Terms and Conditions:

1. You rep­re­sent and war­rant that:
   1. You are a legal adult eigh­teen (18) years of age or old­er and a legal res­i­dent of the Unit­ed States of Amer­i­ca (i.e., its fifty states and the Dis­trict of Columbia);
   2. The Con­tent is orig­i­nal to you, and you are the sole own­er, cre­ator, and/​or author of the Content;
   3. You have the con­sent or per­mis­sion from any person(s) appear­ing in the Con­tent to pro­vide us with the rights to use the Con­tent as described in these User Gen­er­at­ed Con­tent Terms and Con­di­tions. If such person(s) is a minor, you have the right to grant per­mis­sion for our use of the Con­tent on behalf of any minor appear­ing in the Content;
   4. You have read and you agree to com­ply with all of the terms and con­di­tions in these User Gen­er­at­ed Con­tent Terms and Con­di­tions, and our Pri­va­cy Pol­i­cy; and
   5. You will indem­ni­fy, defend, and hold us, our affil­i­ates, and third-par­ty ser­vice providers harm­less from any and all claims, lia­bil­i­ties, dam­ages, fines, or oth­er costs, includ­ing rea­son­able attor­neys’ fees incurred as the result of our pos­ses­sion or use of any of your Content.
2. You here­by grant to EBC and its affil­i­ates and sub­sidiaries a nonex­clu­sive, roy­al­ty-free, per­pet­u­al, irrev­o­ca­ble, unre­strict­ed, and world­wide license and right to use, repro­duce, mod­i­fy, adapt, pub­lish, trans­late, cre­ate deriv­a­tive works from, dis­trib­ute, and dis­play your Con­tent. Such use by EBC will be out­lined by the spe­cif­ic type of rights per­mis­sion requested:

This per­mis­sion grants Explore Butte County:

• the right to use your video con­tent as a stand-alone piece or edit­ed into a longer piece, with your cred­it, that can be shared across our social media chan­nels, includ­ing but not lim­it­ed to Tik­Tok, Insta­gram, Face­book, Twit­ter, and YouTube
• the right to make edit­ing adjust­ments, includ­ing, but not lim­it­ed to, chang­ing the music selec­tion, col­or cor­rec­tion, and edit­ing out parts of the video
• the right to embed the video in gal­leries or sin­gle embeds across the Explore Butte Coun­ty web­site (see exam­ples below)

This per­mis­sion grants Explore Butte County:

• the right to use the photo(s)/video(s) with attri­bu­tion on Explore Butte County’s web­site, in a gallery, as a sin­gle-pho­to embed with­in a sto­ry (exam­ples below), or as a sto­ry head­er photo. 

This per­mis­sion grants Explore Butte County:

• The rights includ­ed in the ​“Web­site Galleries/​Embeds” per­mis­sion, and
• the right to use the photo(s)/video(s) with attri­bu­tion on any of its owned social media plat­forms, includ­ing but not lim­it­ed to Face­book, Insta­gram, X (for­mer­ly Twit­ter), etc.
• the right to make minor edit­ing adjust­ments, such as crop­ping, col­or cor­rec­tion, etc.

This per­mis­sion grants Explore Butte Coun­ty non-exclu­sive rights to:

• Apply all addi­tion­al per­mis­sions includ­ed in the ​“Web­site Galleries/​Embeds” and ​“Social Chan­nels” per­mis­sions, and
• use the photo(s)/video(s) in mar­ket­ing mate­ri­als — with attri­bu­tion in any of its print­ed endeav­ors and with or with­out attri­bu­tion in dig­i­tal endeav­ors — to pro­mote and/​or increase aware­ness of Butte Coun­ty, includ­ing but not lim­it­ed to its print­ed Vis­i­tor Guide, dig­i­tal newslet­ter, rack cards, social media adver­tis­ing cam­paigns, oth­er dig­i­tal TV adver­tis­ing, trav­el trade, edu­ca­tion, any new media or tech­nol­o­gy that becomes avail­able lat­er in time, or any sim­i­lar law­ful pur­pose what­so­ev­er and with­out fur­ther con­sid­er­a­tion etc., as well as:
• make edit­ing adjust­ments, includ­ing, but not lim­it­ed to, crop­ping, col­or cor­rec­tion, removal of non-essen­tial ele­ments, etc. for pho­tos, and chang­ing the music selec­tion, col­or cor­rec­tion, and edit­ing out parts of the orig­i­nal file for videos

For spe­cial projects/​uses that require the orig­i­nal high-res­o­lu­tion pho­to, Explore Butte Coun­ty will request addi­tion­al per­mis­sion that will include com­pen­sa­tion and a signed con­tract. Spe­cial projects/​uses can include, but are not lim­it­ed to:

• Bill­boards
• Cov­er photos
• Projects that are aimed to an inter­na­tion­al audience
• Mail pieces and mailers
• Oth­ers not list­ed here

There is no time or geo­graph­ic lim­i­ta­tion on how long or where your Con­tent may be pub­lished, dis­trib­uted, or oth­er­wise used. You here­by waive the right to inspect and/​or approve the EBC Mate­ri­als in which the Con­tent may be used. Any Con­tent pro­vid­ed to EBC for pur­pos­es of inclu­sion in its EBC Mate­ri­als shall become the prop­er­ty of EBC and shall not be returned to you. Notwith­stand­ing, noth­ing here­in pre­vents you from send­ing a request in writ­ing that EBC remove your Con­tent from any EBC Mate­ri­als that are rea­son­ably with­in EBC’s con­trol. Upon receipt of such request, EBC shall use rea­son­able best efforts to remove all instances of the Content’s inclu­sion with­in the EBC Mate­ri­als. You under­stand that EBC may not have the abil­i­ty to remove all post­ings or dis­plays of the EBC Mate­ri­als that include the Con­tent.

EBC will NOT sell your image to 3^rd par­ties; give per­mis­sion to 3^rd par­ties to use your pho­to for any­thing oth­er than explic­it Explore Butte Coun­ty mar­ket­ing; use your pho­to in any mon­ey-mak­ing projects; or obtain exclu­sive rights over the con­tent — the rights per­mis­sions are non-exclu­sive licens­es grant­ed to Explore Butte Coun­ty by the creator.

3. You agree that our use of the Con­tent does not imply our endorse­ment of or any affil­i­a­tion with you.

4. You under­stand and agree that you will not receive any mon­e­tary com­pen­sa­tion for the use of the Con­tent as pro­vid­ed here­in, unless oth­er­wise agreed to for spe­cif­ic use cas­es, and these User Gen­er­at­ed Con­tent Terms and Con­di­tions do not cre­ate any type of express or implied con­tract of employ­ment or oblig­a­tion of employment.

5. Our col­lec­tion and use of your per­son­al infor­ma­tion is gov­erned by our Pri­va­cy Pol­i­cy. For infor­ma­tion about the types of per­son­al infor­ma­tion we col­lect, the third par­ties and ser­vice providers we may share your infor­ma­tion with, our data reten­tion prac­tices, and any rights and choic­es you have regard­ing your per­son­al infor­ma­tion, please review our Pri­va­cy Pol­i­cy. By pro­vid­ing per­son­al infor­ma­tion to us, you agree that we may process your per­son­al infor­ma­tion as set forth in our Pri­va­cy Pol­i­cy.

6. You here­by release EBC from, and covenant not to sue EBC for, any claims, demands, and caus­es of action which you and/​or your heirs, rep­re­sen­ta­tives, execu­tors, admin­is­tra­tors, or any oth­er liaisons act­ing on behalf of your estate have or may have by rea­son of this autho­riza­tion; includ­ing any claim or cause of action, whether known or unknown, for libel, slan­der, inva­sion of right of pri­va­cy, pub­lic­i­ty or per­son­al­i­ty, or any oth­er claim or cause of action, based upon or relat­ing to the exer­cise of any of the rights referred to in this User Gen­er­at­ed Con­tent Terms and Conditions.

7. These User Gen­er­at­ed Con­tent Terms and Con­di­tions set forth the entire under­stand­ing and agree­ment of the par­ties with respect to the sub­ject mat­ter here­of and super­sede all oth­er oral or writ­ten rep­re­sen­ta­tions and under­stand­ings. You agree that the laws of the Unit­ed States of Amer­i­ca and the inter­nal laws of the state of Cal­i­for­nia shall apply to all mat­ters relat­ed to these User Gen­er­at­ed Con­tent Terms and Con­di­tions with­out regard to choice of law pro­vi­sions. Any legal action or pro­ceed­ing relat­ing to the use of this site shall be insti­tut­ed in a state or fed­er­al court in Cal­i­for­nia. You agree to sub­mit to the juris­dic­tion of, and accept that the venue is prop­er in these courts in any such legal action or proceeding.

ADOPT­ED June 10, 2024