Chute Terms & Conditions

TERMS AND CONDITIONS (LONG FORM) FOR CONTENT PROVIDERS to the South Dakota Department of Tourism (SDT) and TravelSouthDakota.com.

Participant Agreement

By replying to the SDT consent request to participate in Chute (content aggregation tool) with the hashtag #YesSD, you agree to these Terms and Conditions. The South Dakota Department of Tourism (SDT) doing business as TravelSouthDakota.com agrees to abide by these Terms and Conditions. The SDT 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 publically displayed and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content and, by replying to the South Dakota Department of Tourism (SDT) request for consent, you provide the SDT with the right to use and share your Content on their official Website(s) including but not limited to TravelSouthDakota.com and SDVisit.com as well as in all of their social media channels including, but not limited to, Facebook, Twitter and Instagram.

South Dakota Department of Tourism (SDT) Rights to User Generated Content

By replying to the South Dakota Department of Tourism (SDT) consent request to participate in Chute (content aggregation tool) with the hashtag #YesSD, you are agreeing to these Terms and Conditions. You grant the SDT and affiliate agents a perpetual, transferable, non-exclusive, worldwide license to a) 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 b) 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 the South Dakota Department of Tourism (SDT) or their affiliate agents deem appropriate.

You agree that you are solely responsible for your Content. The South Dakota Department of Tourism (SDT) 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. The SDT is not responsible for any loss, theft, misuse, or damage of any kind to your Content.

By replying to the South Dakota Department of Tourism (SDT) consent request to participate in Chute (content aggregation tool) with the hashtag #YesSD, 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 the SDT 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 the SDT 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 SDT 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 the SDT or their marketing, advertising, commercial, or promotional efforts

You agree to irrevocably release and forever discharge the SDT 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 the SDT 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 the SDT.

Indemnification

You agree to indemnify, defend and hold harmless the South Dakota Department of Tourism (SDT) 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. The SDT 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 SDT defense of such claims.

Modifications to these Terms and Conditions

The SDT may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on https://www.travelsouthdakota.com/chute-terms-conditions along with the new effective date.

Takedown

Should you want your content removed from the South Dakota Department of Tourism (SDT) Website(s), you will need to send a message to the following: TravelSD@state.sd.us. Once the SDT 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 the South Dakota Department of Tourism (SDT), 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 the SDT
  • you may not use any SDT trademarks, logos, designs, or service marks in your links
  • you may not create the appearance of a relationship or affiliation with the SDT
  • 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 the SDT 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 Conditions/Restrictions

CAUTION: Any attempt by any individual to deliberately damage any SDT 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, the SDT 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 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 the South Dakota Department of Tourism (SDT).

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.

Effective date: March 21, 2017