Updated: July 20, 2022

Please read these terms and conditions for Content Creators carefully before uploading to our Our Service. These terms and conditions apply to content creators specifically applies to content shared with Black Hills & Badlands Tourism Association (BH&B) and BlackHillsBadlands.com.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

  • Service refers to a website (blackhillsbadlands.com) or social media channels curated by Black Hills & Badlands Tourism Association.
  • A content creator means someone who creates entertaining or educational material to be expressed through a Black Hills & Badlands Tourism Association medium or channel.
  • Content refers to the textual, aural, or visual content published on a website.
  • Media channel(s) refers to the specific medium by which an advertiser‘s message is conveyed to its intended audience.
  • Medium refers to a vehicle of communication which enables some form of advertising: print, billboard, television, radio, website, social media, catalogue, direct mail, etc.
  • User Generated Content (UGC) is any content—text, videos, images, reviews, etc.—created by people, rather than brands.

Participant Agreement

By replying to the Black Hills & Badlands Tourism Association (BH&B) consent request to participate in (BHB photo sharing) with the hashtag #YesBHB you agree to these Terms and Conditions. Black Hills & Badlands Tourism Assocation (BH&B) doing business as BlackHillsBadlands.com agrees to abide by these Terms and Conditions. BH&B may terminate its website(s) or its use of your content at any time at its discretion.

Allowable Participants

You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your user generated content (Content) in the form of original photography, video or text.

Non-Confidentiality

You understand and agree that your Content will be publicly displayed and it will not be treated in confidence. Many people from around the world will be able to view your Content and by replying to the Black Hills & Badlands Tourism Association (BH&B) request for consent, you provide BH&B with the right to use and share your Content on their official Website(s) including but not limited to BlackHillsBadlands.com as well as in all of their social media channels including, but not limited to, Facebook, Twitter, Pinterest, YouTube and Instagram.

Rights to User Generated Content

By replying to the Black Hills & Badlands Tourism Association (BH&B) consent request to participate in (BHB photo sharing) with the hashtag #YesBHB, you are agreeing to these Terms and Conditions. You grant BH&B and affiliate agents a perpetual, transferable, non-exclusive, worldwide license to:

  1. use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed and;
  2. use (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial, or promotional purposes that Black Hills & Badlands Tourism Association (BH&B) or their affiliate agents deem appropriate.

You agree that you are solely responsible for your Content. Black Hills & Badlands Tourism Association (BH&B) is not required to host, display, or distribute any Content on or through their Website(s) and may remove Content at any time or refuse Content for any reason. BH&B is not responsible for any loss, theft, misuse, or damage of any kind to your Content.

By replying to the Black Hills & Badlands Tourism Association (BH&B) consent request to participate in (photo sharing) with the hashtag #YesBHB, you represent and warrant that:

  • You are at least 18 years of age, you have the legal right to enter into this agreement and
  • You are not impersonating anyone else
  • You own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to BH&B as described herein.
  • Your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret, or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity.
  • You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of BH&B and its affiliate agents.
  • You voluntarily agree to waive all “moral rights” that you may have to your Content any information contained in your Content is not known to you to be false, inaccurate, or misleading.
  • Your Content does not violate any law you were not and will not be compensated or granted any consideration by any third party for submitting your Content.
  • You will not be compensated or granted any consideration in any way by BH&B for the use of your Content.
  • Your Content does not incorporate materials from a third party website, copyright protected materials, or personally identifiable information of anyone other than yourself
  • Your Content does not reflect negatively in any way upon BH&B or their marketing, advertising, commercial, or promotional efforts.
  • You agree to irrevocably release and forever discharge BH&B and its affiliate agents, subsidiaries, employees and third party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against BH&B and affiliate agents, subsidiaries, employees and third party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by BH&B.

Indemnification

You agree to indemnify, defend and hold harmless Black Hills & Badlands Tourism Association (BH&B) and its affiliate agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from your breach of these terms and conditions. BH&B reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with the BH&B defense of such claims.

Modifications to These Terms and Conditions

BH&B may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on blackhillsbadlands.com/terms-policies along with the new effective date.

Content Removal

Should you want your content removed from Black Hills & Badlands Tourism Association (BH&B) website(s) and media channles, you will need to send a message to the following: marketing@blackhillsbadlands.com. Once BH&B acknowledges receipt of your email request, please allow 30 days for any action to take place.

Linking, Crawling and Archiving

If you would like to link to the Website(s) of Black Hills & Badlands Tourism Association (BH&B), you must comply with the following guidelines:

  • You must not incorporate any content from this site into your site or social media channels by in-lining, framing, or creating other browser or border environments around the Website Content.
  • You may only link to, not replicate, the Website Content of BH&B.
  • You may not use any BH&B trademarks, logos, designs, or service marks in your links
  • You may not create the appearance of a relationship or affiliation with BH&B.
  • Your site or social media channels may not contain offensive, distasteful, illegal, or inappropriate content.

If you would like to use a web crawler or other search tool to gather information from BH&B Website(s), you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

Other Conitions / Restrictions Caution

Any attempt by any individual to deliberately damage any BH&B Website(s), tamper with the aggregation process, or otherwise undermine the legitimate operation of the program may be a violation of criminal and civil laws. Should such an attempt be made, BH&B reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law.

General

These Terms and Conditions for Content Creators and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Website(s) constitute the entire and exclusive agreement between you and Black Hills & Badlands Tourism Association (BH&B).

Governing Law

These terms shall be governed by the laws of the state of South Dakota. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of South Dakota.