MyTailwater Promotional User Content License

1. Your Content Remains Yours

Your content remains yours. Submitting a photograph, caption, display name, or related information (“User Content”) to MyTailwater does not transfer ownership of that User Content to MyTailwater.

You keep the copyright and other rights you already have. What you grant below is a license — permission to use — not an assignment of ownership.

2. License Granted to MyTailwater

By submitting User Content, you grant MyTailwater and its affiliates, successors, contractors, and service providers (including hosting, email, advertising, and social-media platforms acting for MyTailwater) a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use that User Content to operate, promote, market, advertise, publicize, and support MyTailwater and its community features.

That license includes the right to reproduce, copy, publish, display, distribute, transmit, repost, share, crop, resize, format, compress, enhance, caption, overlay, adapt, and create derivative promotional materials from the User Content, including combining it with MyTailwater branding, graphics, text, and audio-visual treatments, and using it in promotional videos.

This is a license. It is not a claim that MyTailwater owns your photograph.

2A. Express promotional and advertising uses

Without limiting the grant above, you expressly authorize MyTailwater to use approved User Content in: MyTailwater websites and applications; dam pages; community galleries; Instagram; Facebook; X; TikTok; YouTube; email; newsletters; digital advertising; paid social advertising; promotional videos; presentations; event displays; press and public-relations materials; and other MyTailwater promotional media.

Publication is not guaranteed. Approval for the Photo Wall does not require MyTailwater to use the content in advertising.

3. Name, Likeness, and Attribution

If your submission includes or depicts a name, display name, username, image, likeness, voice, or biographical information you voluntarily provide, you grant MyTailwater permission to use those elements in connection with authorized uses of the User Content.

MyTailwater may attribute the content as “Submitted by” the display name you choose (for example, a first name and last initial). MyTailwater is not required to publish your full legal name, email address, or account identifier.

4. No Compensation

Submission is voluntary. Publication is not guaranteed. MyTailwater may reject, unpublish, or stop displaying User Content at any time.

Unless MyTailwater agrees otherwise in a separate written agreement signed by MyTailwater, you will not receive royalties, fees, residuals, advertising revenue, or other compensation for uses authorized by this license.

5. User Representations and Warranties

You represent and warrant that: (1) you own the User Content or otherwise have sufficient rights to submit it and to grant this license; (2) the User Content does not knowingly infringe copyright, trademark, privacy, publicity, or other rights; (3) you have obtained the permissions required from identifiable people depicted in the User Content for the uses described here; (4) you have authority to grant this license; (5) accompanying information (species, location as a named dam, caption, display name, date) is not knowingly false or materially misleading; and (6) the submission complies with the MyTailwater Terms of Use and community rules.

You are responsible for claims arising from your breach of these representations.

6. Minors

If an identifiable minor appears in submitted User Content, you represent that you are the minor’s parent or legal guardian, or that you are otherwise authorized by the parent or legal guardian to grant the permissions in this license, including name, likeness, and promotional uses.

MyTailwater may request additional confirmation, decline to publish, or remove content involving minors, at its discretion. MyTailwater has no obligation to detect whether a minor appears in a photograph.

7. Third-Party Content

Do not submit professional photographs you do not own, copyrighted music you do not control, commercial artwork, logos, or other third-party content unless you have sufficient permission for the uses in this license.

MyTailwater may crop, mute, obscure, remove, or decline third-party material where needed.

8. Editing and Promotional Context

MyTailwater may make reasonable promotional edits, including cropping, resizing, color correction, compression, captions, graphical overlays, MyTailwater branding, and format adaptation (including use in video).

MyTailwater will not knowingly make misleading edits that materially misrepresent the submission or that falsely attribute statements to you.

9. Social Media Platforms

Once User Content is posted to a third-party social platform (including Instagram, Facebook, X, TikTok, and YouTube), that platform’s terms apply. Content may be cached, downloaded, reposted, or shared by others. Complete removal from every copy, cache, or third-party archive may not be possible.

MyTailwater cannot guarantee removal of copies outside its control.

10. Duration, Withdrawal, and Prior Uses

Except where applicable law requires otherwise, the license is perpetual and irrevocable with respect to uses already made, materials already created, completed campaigns, and materials already distributed, printed, posted, or incorporated into finished promotional work.

You may request that MyTailwater stop displaying the User Content on the Photo Wall or community gallery. MyTailwater may honor reasonable requests to discontinue future promotional use where practicable.

Removing a photograph from the Photo Wall does not require MyTailwater to recall, destroy, or delete promotional materials already published, distributed, or incorporated into completed campaigns.

11. No Obligation to Use

MyTailwater may reject, remove, unpublish, archive, feature, or stop displaying User Content. MyTailwater has no obligation to publish, continue displaying, retain publicly, or promote any submission.

12. Privacy, EXIF, and Location Metadata

MyTailwater may strip or remove EXIF metadata, GPS metadata, and other hidden metadata from uploaded files before storage and public serving. Original camera files are not retained.

MyTailwater does not intentionally expose precise fishing coordinates obtained solely from hidden image metadata. Public pages show a display name you choose, the dam you selected, and optional caption details — not your email, phone number, or account identifier.

13. Removal and Copyright Complaints

For copyright complaints, privacy concerns, content-removal requests, or other legal concerns about User Content, email sholdon@mytailwater.com with enough detail to identify the content (dam page, approximate date, and a description or URL).

MyTailwater may unpublish or remove content while a report is reviewed. Unpublishing the Photo Wall item preserves the underlying submission and license-acceptance record unless applicable law requires deletion.

14. Relationship to Terms of Use

This Promotional User Content License supplements the MyTailwater Terms of Use. If you submit catch photographs, you agree to both this license (the version presented at submission) and the Terms.

The version of this license you accepted is recorded with your submission. A later revision of this license does not rewrite the version you already accepted.

15. Indemnity

You will indemnify, defend, and hold harmless MyTailwater and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your User Content; (2) your breach of this license or the Terms of Use; (3) your breach of the representations and warranties in this license; (4) your failure to obtain required permissions from identifiable people depicted in the User Content, including a parent or legal guardian if a minor is depicted; or (5) any claim that your User Content infringes copyright, trademark, privacy, publicity, or other rights.

MyTailwater may assume exclusive defense and control of any matter subject to this indemnity. You will reasonably cooperate. MyTailwater will notify you of a covered claim of which it becomes aware, unless delayed notice does not materially prejudice you.

This section does not require you to indemnify MyTailwater for MyTailwater’s own willful misconduct, to the extent applicable law does not allow that obligation to be waived.

16. Governing Law

This license is governed by the laws of the State of Texas, without regard to conflict-of-law rules. Exclusive venue for disputes arising out of this license is the state or federal courts located in Dallas County, Texas, except where applicable law requires otherwise.