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Social Media Terms and Conditions of Use

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City of Burbank Social Media Platforms
Terms and Conditions of Use

The City of Burbank uses City Social Media Platforms as a tool for disseminating information and communicating with the public about relevant topics such as city services and news, public announcements and safety alerts, community events, and other topics of interest. The City of Burbank actively promotes and encourages civic engagement and two-way dialogue through City Social Media Platforms which are intended to be safe, positive, inclusive and productive environments.

To help ensure that City Social Media Platforms are used as intended, the City of Burbank has exercised its right to set and enforce rules and regulations governing the use of City Social Media Platforms by members of the public. Below are the City’s Terms and Conditions of Use (Terms).

  1. Definitions
    1. City – City of Burbank
    2. City Manager – The City of Burbank’s City Manager or designee.
    3. Social Media Platform (for the purpose of these Terms) – Internet-based websites other than the City’s website currently at www.burbankca.gov, mobile applications, blogs, wiki pages, user-generated video and audio sites, or any other online social network containing Content with a participatory element designed to be disseminated through social interaction. Examples include, but are not limited to: Facebook, Twitter, Instagram, YouTube, Snapchat, Flickr, Nextdoor, etc.
    4. City Social Media Platform – A Social Media Platform that the City establishes, manages, maintains, updates, or causes to be established, managed, maintained, or updated on behalf of the City, to serve the public, regardless of whether or not the City owns the servers, equipment, networks or software platforms on which such platforms reside.
    5. Service Provider (for the purpose of these Terms) – Any person or entity that owns, operates or maintains a Social Media Platform.
    6. Content – Any information, data, documents, text, music, audio, photographs, graphics, videos, messages or other material posted on, or uploaded to, a City Social Media Platform.
    7. User – Any member of the public using, accessing, contributing to, or otherwise participating in the use of, a City Social Media Platform.

       

  2. Agreement to Terms and Conditions of Use
    1. By accessing, contributing Content to, or otherwise participating in the use of, City Social Media Platforms the User agrees to the Terms found herein.

       

  3. User Created Content
    1. All User‐created Content is the sole responsibility of the User creating such Content. Users, and not the City, are entirely responsible for the Content that they upload, post, email, or otherwise transmit via City Social Media Sites. The City does not guarantee, and is not legally liable for, the accuracy, integrity, or quality of such Content.
    2. Content posted by a User on any City Social Media Site reflects the opinion of the User only, and publication of any Content does not imply endorsement of, or agreement by, the City, nor does such Content necessarily reflect the opinions or policies of the City.
    3. As is the case with any internet-based activity, there is a risk that a User may be exposed to offensive, indecent and/or objectionable Content. Users are each solely responsible for their interaction with other Users, and any disputes with them.
    4. Prohibited Content, as outlined below, and as identified by the City Manager, may lead to the immediate removal, deletion, or hiding of the prohibited Content by the City Manager in their sole discretion, without prior notice to the user.
    5. Improper Use, as outlined below, or repeated violations of the City’s Terms and Conditions of Use as identified by the City Manager, may lead to the suspension or termination of User’s access to City Social Media Platforms.City Manager shall give written notice of such action and the User may seek reconsideration in writing from the City Manager. Such reconsideration request shall be submitted to the City Manager at pio@burbankca.gov within 5 business days of the notice of action and state the reasons why their use should not be suspended or terminated. The City Manager or Assistant City Manager will rule upon such request within 5 business days from receipt and their decision is final.
      1. In cases where a User’s physical or email addresses are not known, a message sent through the City Social Media Platform will serve as sufficient written notice.


  4. Improper Use

    No User may use, or cause to be used, a City Social Media Platform to:

    1. Violate any applicable federal, state, or local law; including but not limited to the Electronic Communications Privacy Act of 1986
    2. Violate the terms, conditions, or any other regulations of the Service Provider
    3. Stalk or harass any person or entity
    4. Collect or store any personal data about any other User without express permission
    5. Upload, post, email, or otherwise transmit any Content that contains software viruses or any other documents, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any electronic software or hardware, or telecommunications equipment.
    6. Impersonate any person or entity, including, but not limited to, a city staff member or elected official, or falsely state or otherwise misrepresent their affiliation with a person or entity
    7. Disguise the origin of any Content transmitted through City Social Media Platforms
    8. Interfere with or disrupt City Social Media Platforms, or disobey any requirements, procedures, policies or regulations of networks connected to City Social Media Platforms, or use City Social Media Platforms in any way that could damage, disable, overburden or impair City Social Media Platforms
    9. Post or upload any Content that is prohibited under these Terms

       

  5. Prohibited Content

    The following types of Content are prohibited on City Social Media Platforms:

    1. Content that incites, promotes, fosters, or perpetuates discrimination on the basis of race, color, ancestry, national origin, religion, creed, age, sex, gender, marital status, gender identity, gender expression, physical or mental disability, or sexual orientation; as well as any other category protected by federal, state, or local laws
    2. Content that incites, promotes, fosters, or perpetuates any illegal activity or incites violence
    3. Profane or obscene language or Content
    4. Sexual content or links to sexual content
    5. Content of a pornographic nature
    6. Bullying, intimidation, coercion, extortion, or any other Content of a threatening nature
    7. Content that is libelous or defamatory
    8. Violations of a legal ownership interest of any other party, such as Copyright infringement
    9. Content that may tend to compromise the safety or security of the public or public systems
    10. Comments which are not topically related to the particular post being commented on
    11. Solicitations of commerce

       

  6. Termination; Suspension
    1. The City has the right to suspend or terminate any User’s access to City Social Media Platforms Pursuant to the Terms and Conditions of Use, III, e, above.

       

  7. Compliance with Law
    1. Any illegal activity and/or violation of applicable federal, state or local laws or regulations will be reported to the proper legal authorities.

       

  8. Privacy
    1. Content posted on City Social Media Platforms is public, not private, and may be subject to laws such as the California Public Records Act. Any Content may be disclosed by the City at any time and without notice.
    2. It is recommended that any request for service, or any communication that contains personal information, be made directly to the appropriate City department. Any posted Content including any personal information is viewable by members of the public. A complete list of the City’s departments and contact information can be found here: www.burbankca.gov/departments


  9. Entire Agreement; Severability; Waiver

    1. These Terms comprise the entire agreement between User and the City regarding the use of City Social Media Sites. If any portion of these Conditions of Use is found to be unenforceable, the remainder will be in full force and effect. Failure on behalf of the City to enforce any of these Conditions shall not be considered a waiver.