Terms | Public Square Atlanta

Terms

Terms of Service (TOS)

By using the Public Square Atlanta website, a service of Public Broadcasting Atlanta (PBA), you agree to be bound by the following terms and conditions ("Terms of Service"). These Terms of Service apply to all users of Public Square Atlanta.

Description of Service

Public Square Atlanta provides access to a rich collection of resources, including an online community of connected people who create and post content, read, view, listen to, broadcast, edit, rate and share content with networks of other Public Square Atlanta users or via the Internet at-large, which may be accessed via the Internet. As a user of Public Square Atlanta, you understand and agree that Public Square Atlanta also may include advertisements that are necessary for Public Square Atlanta to provide its service. Public Square Atlanta may also include certain communications from Public Square Atlanta, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Public Square Atlanta assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.

Description of Content Terms

Violation of any of the agreements outlined in this document will result in the termination of your Public Square Atlanta account. While Public Square Atlanta prohibits certain conduct and content on its site, you understand and agree that Public Square Atlanta cannot be responsible for the content posted on its Web site, you nonetheless may be exposed to such materials, and that you use Public Square Atlanta at your own risk.

Furthermore you understand that by using this service you may be exposed to content that is offensive or objectionable. Under no circumstances will Public Square Atlanta be liable in any way for content, including, but not limited to, errors or omissions or for any damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, uploaded or otherwise made available through Public Square Atlanta.

Pornography and sexually explicit images, video or any form of content are not permitted on Public Square Atlanta. If your posted content contains content of this nature, Public Square Atlanta has the right to cancel your membership and/or to delete this content without notification.

Public Square Atlanta Member Rights and Responsibilities

You may use the Public Square Atlanta suite of tools freely.
You may search the content, connect with others, collaborate with others, join others, convey your message and solve problems freely using the Public Square Atlanta platform.
You must be 13 years of age or older to use this site.
You are responsible for any activity that occurs under your screen name.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other Public Square Atlanta users. This includes using offensive or disparaging language on the site.
You may not use Public Square Atlanta for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You may not use Public Square Atlanta to post overtly commercial articles (including blogs, video, audio, forum topics, or comments) on or via the Service. This includes posting webmercials, direct links to commercial Web sites solely for business purposes, or spamming members with links to commercial sites.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post and display on the Public Square Atlanta Community.
By submitting Content you acknowledge, represent and/or warrant that you own the rights of the Content, have a license to the Content, have permission to upload or add the Content, or you have obtained permission from the relevant rights holder(s).
By submitting Content for inclusion on Public Square Atlanta you grant Public Square Atlanta, and PBA, a world-wide, royalty free, perpetual, unlimited and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other PBA property.
Public Square Atlanta reserves the right to syndicate the Content submitted, posted and/or displayed by you and to use that Content in connection with other services offered by Public Square Atlanta or PBA.
You must not modify, adapt or hack Public Square Atlanta or modify another Web site so as to falsely imply that it is associated with Public Square Atlanta. You must not circumvent, disable or interfere with security features of Public Square Atlanta.
You must not create or submit unwanted e-mail to any Public Square Atlanta members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Public Square Atlanta, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may post video, audio, images and text hosted on Public Square Atlanta to outside Web sites. However, pages on other Web sites that display data hosted on Public Square Atlanta must provide a link back to Public Square Atlanta.

PBA Rights and Responsibilities

PBA desires to maintain a platform for the citizens of the Atlanta region to connect, share and collaborate with each other.
PBA shall make a reasonable effort to monitor content on the site to ensure the conversation is constructive and appropriate.
PBA shall make a reasonable effort to listen to the community and use community input to improve the Public Square Atlanta platform.
PBA reserves the right to modify or terminate Public Square Atlanta for any reason, without notice, and at any time.
PBA reserves the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, PBA will notify you via Internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at the sole discretion of PBA, in good faith and using common sense and reasonable judgment.
PBA reserves the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
PBA may, but has no obligation to, remove Content and accounts containing Content determined in PBA’s sole discretion that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. PBA reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
PBA may access, preserve and disclose your account information and Content if required to do so by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TOS; (3) respond to claims that Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Public Square Atlanta, PBA, its users and the public.
Public Square Atlanta may contain links to other Web sites operated by third parties that are not owned or controlled by Public Square Atlanta. Public Square Atlanta assumes no responsibility for the information, content, products, services, statements, advertising, code or privacy policies or practices of, made in or offered in such sites (including webcasting or other forms of transmission). The inclusion of such links within Public Square Atlanta does not suggest any endorsement of the material on such sites or any association with their operators. Please exercise caution before entering such other Web sites and/or providing any personal information through such sites.

Copyright

PBA claims no intellectual property rights over the material you provide to Public Square Atlanta. Your profile and materials uploaded remain yours. PBA encourages users to contribute their creations to the public domain or consider progressive licensing terms. PBA claims no intellectual property rights over the material you provide to Public Square Atlanta. Your profile and materials uploaded remain yours. PBA encourages users to contribute their creations to the public domain or consider progressive licensing terms.

What to do if you believe material on this site infringes your copyright:

Public Square Atlanta respects the intellectual property rights of others and requires that all Users who use Public Square Atlanta do the same. Public Square Atlanta will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, posted or copied on Public Square Atlanta in a way that constitutes copyright infringement, please notify the Public Square Atlanta Copyright Agent (at the address set forth below) in writing with the following information:

Information reasonably sufficient to permit Public Square Atlanta to contact you, such as your real name, address, telephone number, and, if available, an electronic e-mail address at which you may be contacted;
Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the Public Square Atlanta site are covered by a single notification, a representative list of such works;
Identification of 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 Public Square Atlanta to locate such material, including if possible the name of such work and where such material may be found on the Public Square Atlanta site (please be as detailed as possible so that we can actually find the material that you claim is infringing);
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Your electronic or physical signature. Public Square Atlanta's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

PBA Public Square Atlanta Copyright Agent Public Broadcasting Atlanta Address: 740 Bismark Rd. Atlanta, Georgia 30324

Member Disputes

You are solely responsible for your interactions with other Public Square Atlanta users. As a Member you are expected to tolerate viewpoints and perspectives with which you may not agree. Public Square Atlanta is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. Public Square Atlanta reserves the right but has no obligation to monitor disputes between you and other Members and to take any action in Public Square Atlanta’s sole discretions that may be appropriate under the circumstances. Such actions may include, but are not limited to, the suspension or termination of memberships and the removal of inappropriate content.

Reporting Objectionable Content/Behavior

If you encounter Content or behavior that you believe violates the TOS or community guidelines, you can report the incident to Public Square Atlanta by clicking the “Report” link that is located under the Content.

If the behavior or Content is determined to be inappropriate, PBA administrators will remove the Content from Public Square Atlanta and the author will be notified. All such determinations may be made at Public Square Atlanta’s sole discretion. Public Square Atlanta may allow the author to modify or change their behavior so that it is compliant with the TOS, and assuming it is, it may be subsequently released on Public Square Atlanta. Public Square Atlanta reserves the right to terminate a Member’s account at any time when it is determined to be an appropriate response to the behavior in question.

Public Square Atlanta Groups

Public Square Atlanta offers an element that enables Members to create and maintain their own "Group." A Public Square Atlanta Group consists of Internet-based discussions and other functionalities that allow participants in the Group to communicate.

Public Square Atlanta Group owners ("Group Owners") have additional capabilities and responsibilities regarding the participants and Content of their Public Square Atlanta Group.

The Group Owner decides whether a Public Square Atlanta Group is restricted to certain Members or accessible to the public generally. The Group Owner may change the access to the Group at any time.
In a restricted Public Square Atlanta Group, the Group Owner decides who may be a participant of the Group and can access and change the participant list at his or her sole discretion.
A Group Owner may, at any time, transfer his or her ownership of a Group to another Member.
A Group Owner shall be responsible for the maintenance and monitoring of the Content in the Public Square Atlanta Group. The Group Owner will use the Report Inappropriate Content link or Report button to moderate content at any time at his or her sole discretion.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNITY

You agree to indemnify and hold harmless Public Square Atlanta, PBA, WABE and WPBA, their affiliates, parent and subsidiary companies, and their respective officers, directors, employees, agents, licensors, licensees, partners, service providers and suppliers (the "Indemnified Parties"), from and against all losses, liability, claims, demands, expenses, damages and costs ("Losses") incurred by any of the Indemnified Parties, including reasonable attorneys fees and expenses that result or arise from: (i) any of your User Content; (ii) your violation of these Terms of Service or breach of any of your Rights and Responsibilities; (iii) violation by you of the rights of others; and/or (iv) your use of the Public Square Atlanta site. Public Square Atlanta shall have the right to control the defense and settlement of any third party claim covered by the foregoing indemnification. In addition to your indemnification obligation for Losses, you shall be responsible for the costs and expenses of such defense, including, without limitation, all legal fees and expenses as well as the amount of any settlement reached, or judgment rendered, in connection therewith. You agree to cooperate, at your sole cost and expense, with Public Square Atlanta’s defense of such third party claim. At Public Square Atlanta’s election, and upon notice to you, you shall obtain counsel reasonably satisfactory to Public Square Atlanta, at your cost and expense, to defend any third party claim covered by the foregoing indemnification, and Public Square Atlanta shall cooperate with such defense. In such event you shall not settle any such third party claim without the prior written consent of Public Square Atlanta.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Public Square Atlanta, PBA, WABE, WPBA, any affiliate, parent or subsidiary, or any of their respective directors, officers, limited liability company members, employees, agents or service providers (collectively, the "Protected Entities") be liable for any damages of any kind, (including, without limitation, direct, indirect, special, incidental, exemplary, punitive or consequential damages, lost profits or lost data, regardless of the foreseeability of those damages), arising out of or in connection with the use of, or the inability to use, Public Square Atlanta or the content, materials and functions thereof, including, without limitation, Content or content transmitted, exchanged or received by or on behalf of any Member or other person on or through the Public Square Atlanta site, even if Public Square Atlanta has been advised of the possibility of such damages. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms of Service, the Privacy Policy, the content on the Public Square Atlanta site, or your use of Public Square Atlanta exceed the amount, if any, paid by you to Public Square Atlanta for your use of Public Square Atlanta. Some jurisdictions do not permit limitation or exclusions of liability for incidental or consequential damages, so some of the above limitations may not apply to certain Members.

DISCLAIMER OF WARRANTIES

The Public Square Atlanta site and the materials, services, functions, information and content on or made available through the Public Square Atlanta site are provided "as is", "as available" and without warranties of any kind, either express or implied, including, without limitation, any warranty for information, data or data processing services. To the fullest extent permitted by applicable law, Public Square Atlanta disclaims all warranties, express and implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Public Square Atlanta does not represent or warrant that the functions will be timely, secure, uninterrupted or error-free or that any defects will be corrected. Public Square Atlanta also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other harmful components that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Public Square Atlanta site or your downloading of any materials, data, text, images, video or audio from the Public Square Atlanta site. Public Square Atlanta does not make any warranties or representations with respect to the material, services, information and content made available on or through the Public Square Atlanta site, including, without limitation, their availability, accuracy, correctness, adequacy, usefulness, timeliness or reliability.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Public Square Atlanta service (including your Public Square Atlanta username) or Content you do not own, use of the Public Square Atlanta service or Content you do not own, or access to the Public Square Atlanta service or Content you do not own, without the express written consent of PBA.

NO WAIVER

Public Square Atlanta's failure to exercise or enforce strict performance of any provision of these Terms of Service shall not constitute a waiver of any such provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any of these Terms of Service.