User Generated Content Terms of Use

You’re reading this because we loved your photo and wish to share it on our Instagram feed. We are a community that promotes and protects the Texas outdoors, and we also offer goods for sale to help in that mission — and we would like your permission to share your adventures within our community.

How we WILL use your photo:

We will only share your photo on our Instagram feed with 100% credit to you and/or the photographer who owns the image.
We regularly share our followers’ adventures to bolster the love for the Texas outdoors, so that more people are aware of what our parks and wild spaces has to offer.
Once a month, we ask a featured Hiking Texan if they would like their photo published in our newsletter, and we will contact you again asking permission to do so.

How we WILL NOT use your photo:

We will never use your photo for advertising, promotions, or any other marketing purposes directly related to the sale of our products.
We will never claim to own your photo or edit/alter it in any way, and you may ask us to remove it at any time.

We would love to share your photo, the trail and the related park information with our Hiking Texas community! Please respond to our request with #HikingTexasFeature if you agree to be featured. If you’d like to read the full terms of agreement, you can do so below.

FULL TERMS OF USER GENERATED CONTENT

Hiking Texas, LLC. (“Hiking Texas”) reaches out to other Instagram users to seek their permission to feature our favorite content on our Instagram account, Twitter account, newsletter features and with further confirmation, our website (www.hikingtexas.com). You are reading this because Hiking Texas has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #HikingTexasFeature, you agree to these Terms of Use.

Hiking Texas engages a limited number of service providers to facilitate the collection and transmission to the Hiking Texas website (www.hikingtexas.com)(the “Site”), Instagram account, and Twitter account of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from Instagram, for use by Hiking Texas in connection with its operations, including Hiking Texas’ Instagram account, Twitter account, newsletter, and website.

Hiking Texas reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content. The most recent date of revised Terms of Use language is indicated at the end of this document.

USER CONTENT LICENSE

You hereby grant to Hiking Texas a non-exclusive, revocable, non-transferable right to use your User Content in a manner to be determined at our discretion limited to our Instagram channel. Hiking Texas may use, display, distribute, and transmit your content on Instagram after receiving your permission. This means we don’t claim to own your images nor will we alter them, you can freely use and license your images elsewhere, we can’t transfer these rights to another party, and you may revoke our usage of your images at your discretion.

You grant Hiking Texas the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) Hiking Texas’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold Hiking Texas, and any person acting on their behalf, harmless from any liability related in any way to Hiking Texas’ use of your User Content.

The User Content that you submit is deemed non-confidential and Hiking Texas has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to Hiking Texas’ respective privacy policies. By using this Site, you are consenting to the Hiking Texas’ collection of any personal information you provide for Hiking Texas’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or otherwise provide Hiking Texas with personal information.

Hiking Texas reserves the right to remove any User Content from the Site and Hiking Texas social media channels. If you believe any content, including User Content, residing on the Site, or on Hiking Texas social channels, or displayed or used in connection with Hiking Texas infringes any person’s or entity’s copyright rights, please refer to Hiking Texas Copyright Policy section below.

INTELLECTUAL PROPERTY RIGHTS

The Site, Hiking Texas, may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Hiking Texas by authorizing use of your User Content or otherwise using or accessing the Site or Hiking Texas .

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Hiking Texas’ prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Hiking Texas does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Hiking Texas has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hiking Texas’ rights and that those rights or remedies will still be available to Hiking Texas.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

COPYRIGHT POLICY

Notification of Copyright Infringement

Hiking Texas, LLC. ("Hiking Texas") respects the intellectual property rights of others and expects its users to do the same.

It is Hiking Texas’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Hiking Texas will respond expeditiously to claims of copyright infringement committed using Hiking Texas website and mobile application (the "Site and Application") that are reported to Hiking Texas’ Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Hiking Texas’ Designated Copyright Agent. Upon receipt of the Notice as described below, Hiking Texas will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.

Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Hiking Texas’ Designated Copyright Agent:

Last updated: August 10, 2021