ASMI Terms & Conditions

Updated July 9, 2020

By downloading ASMI image and video assets, you hereby acknowledge and agree to adhere to the terms and conditions for use of the ASMI assets as set forth below. These terms and conditions of use constitute a legal agreement between you and ASMI.

(Use of the ASMI logo on your company’s print and digital materials, including but not limited to packaging and marketing materials, requires separate permission gained by contacting ASMI directly)

• ASMI assets may include, but are not limited to, photographs, video and artwork depicting Alaska’s natural beauty, Alaska fisheries, Alaska seafood, and dishes prepared with Alaska seafood. All ASMI assets you currently have or obtain in the future are subject to these terms and conditions.
• ASMI assets may be used only in conjunction with the promotion or sale of fish or seafood that originated in Alaskan waters. Eligible species include Alaska salmon, halibut, cod, Alaska pollock, sole/flounder, black cod, rockfish, herring, crab (King, Snow or Dungeness), scallops, shrimp, oysters, roe (salmon, pollock, cod or herring) and surimi seafood.  
• Proof of Alaskan origin must be shown promptly upon request.
• ASMI assets may be used only in connection with Alaska seafood or prepared foods in which Alaska seafood is the predominant ingredient.
• ASMI assets may be used only in connection with food products for human consumption.
• ASMI assets may be resized as necessary for permitted uses but shall not be modified in any other way without ASMI’s prior written consent.
• ASMI may require photo credits for all uses of ASMI assets. Photo credits shall read “Photo Courtesy of Alaska Seafood.”
• The use of ASMI assets is subject to further guidelines that ASMI may issue from time to time.
• Upon request by ASMI, you will allow ASMI to review and approve in advance all uses of ASMI assets on packaging and marketing materials (such as advertisements, collateral materials, POS materials, and video footage).
• Permission to use ASMI assets as set forth above is a non-exclusive, non-transferable and revocable license, and will renew at the beginning of each calendar year until revoked. ASMI will notify you if, in its sole discretion, it does not renew your permission to use ASMI assets.
• All photos, images, videos, and assets are the property and copyright of ASMI. You acknowledge that ASMI assets are protected under applicable copyright laws.
• ASMI reserves the right to remove any images, videos or other assets from its library at any time.  If it does so, you may be advised to phase out all use of such assets.
• Use of photo, image, video, or other assets shall not be used to show or imply ASMI endorsement of any commercial or personal product or enterprise or to indicate that ASMI concurs with the opinions expressed in, or confirms the accuracy of, any statement or text used in association with the assets.
• The exclusive venue for any action between you and ASMI with respect to the ASMI assets is the federal court in Juneau, Alaska.
• These Terms and Conditions will supersede and replace any prior Terms and Conditions between ASMI and you regarding use of the ASMI assets.
• You hereby warrant to ASMI that any products you identify or associate with any ASMI assets fully comply with all applicable state, federal, local, and international laws and regulations governing the production, promotion, distribution and sale of such products, and you will indemnify, hold harmless, and defend ASMI from and against any claim of, or liability for error, omission, negligent act, or any other third party claims arising out of or related in any way to the production, promotion, distribution, sale, or use of your products.

Updated December 6, 2021

These User-Generated Content Terms of Use (“Terms”) apply to ASMI’s use and/or distribution of content that users upload or provide to ASMI.  If you do not agree to these Terms, do not upload or provide anything to ASMI.  By uploading or providing images, text, designs, illustrations, music, lyrics, photographs, videos, or any other material (collectively, “Content”) to ASMI, you promise that: (a) you are not a minor; (b) all parts of the Content are original and were created by you; (c) the Content was not copied or taken in whole or in part from anyone; (d) any people recognizably appearing in the Content, including yourself, are at least 18 years old, and that you have permission from those people to photograph, record, or film them; (e) the Content does not infringe anyone’s copyright, patent, trade secret, trademark, trade secret, moral, right of publicity, privacy, or any other right; (f) the Content is not confidential, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise unlawful; and (g) when you uploaded the Content, you owned all right, title, and interest in and to it.

When you upload Content to ASMI or reply #YesAlaskaSeafood to a direct message that ASMI sends you on social media, you grant ASMI and its employees, affiliates, licensees, sublicensees, and vendors (collectively, “ASMI”), an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, no-cost, and worldwide license to host, use, publish, broadcast, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the Content, in whole or in part, in any manner or medium now or hereafter known or devised, including on the Internet and in all languages.  You also give ASMI permission to use your name, username, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs, and biographical information included in the Content that you upload, and that of all other people included in such Content, in any manner, in ASMI’s sole discretion.  These rights include, but are not limited to, using, publishing the Content for commercial purposes, and using the Content in advertising and promoting ASMI’s goods and services, without any notice, approval, compensation, or any other obligation to you.

ASMI has no obligation to make any use of the rights that you have granted.  ASMI may choose to use, use and stop using, reuse, or not to use the Content or your name and/or likeness at any time.  ASMI’s use of the Content or your name and/or likeness does not imply any endorsement or affiliation with you.  You hereby waive any right to inspect or approve any use of the Content or your name and/or likeness by ASMI.

When you upload content to ASMI or reply #YesAlaskaSeafood to a direct message that ASMI sends you on social media, you fully release, discharge, and agree to hold ASMI and any person acting on its behalf harmless from any liability related in any way to ASMI’s use of the Content and your name and/or likeness.

These Terms are governed by the laws of the State of Alaska, excluding conflict of laws rules.  You hereby agree that any dispute arising out of or in any way connected with these Terms will be decided exclusively by the state and federal courts located in Juneau, Alaska, to which you consent to personal jurisdiction.  If any court of competent jurisdiction decides that any provision of the Terms is invalid or unenforceable, then that provision will be removed without affecting the remainder of the Terms, which will continue to be valid and enforceable.

BY UPLOADING CONTENT TO ASMI OR REPLYING #YESALASKASEAFOOD TO A DIRECT MESSAGE THAT ASMI SENDS YOU ON SOCIAL MEDIA, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  OTHERWISE, YOU AGREE NOT TO UPLOAD ANY CONTENT TO ASMI.

ASMI reserves the right to modify these Terms, at any time, without prior notice.