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Conditions of Use for City Social Media Sites

1.     Purpose  The City of Santa Monica has the right to set and enforce rules and regulations for use of City Social Media Sites.  The City has established these Conditions of Use in order to provide City Social Media Sites for use by the public on a fair and equitable basis.  City Social Media Sites are not traditional public forums. 

2.     Agreement to Conditions of Use 

By accessing, participating in or using any City Social Media Sites, User agrees to abide by these Conditions of Use.

3.     Definitions

City Social Media Site  Any Social Media Site that any City employee establishes, manages or maintains, or causes to be established, managed or maintained, on behalf of the City, to serve the public, regardless of whether or not the City owns the servers, equipment, network or software platform on which such site resides.

Content  Any information, data, text, music, sound, photographs, graphics, video, messages, or other material posted on a City Social Media Site.

Social Media Site  A website containing Content designed to be disseminated through social interaction, which allows the creation and exchange of user-generated Content.  Examples of Social Media Sites include Facebook, Twitter, MySpace, YouTube, LinkedIn or Flickr.

User  Any member of the public using a City Social Media Site.

4.     User-created Content  All User-created Content is the sole responsibility of the User creating such Content.  This means that each User, and not the City, is entirely responsible for all Content that he or she uploads, posts, emails, or otherwise transmits via City Social Media Sites.  The City does not guarantee the accuracy, integrity, or quality of such Content.  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.

As is the case with all Social Media Sites, there is a risk that a User may be exposed to offensive, indecent or objectionable Content.  Each User is solely responsible for his or her interaction with other Users, and any disputes with them.

5.     Improper Use 

No User may use a City Social Media Site to:

  1. violate any applicable federal, state or local law, including but not limited to the Electronic Communications Privacy Act of 1986;
  2. harm minors in any way;
  3. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer documents, files or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. impersonate any person or entity, including, but not limited to, a city staff member or elected official, or falsely state or otherwise misrepresent his or her affiliation with a person or entity;
  5. falsify headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through City Social Media Sites;
    interfere with or disrupt City Social Media Sites, or disobey any requirements, procedures, policies or regulations of networks connected to City Social Media Sites, or use City Social Media Sites in any way that could damage, disable, overburden or impair City Social Media Sites;
  6. stalk or harass any person; or
  7. collect or store personal data about any other User without express permission.

Any Content posted to any City Social Media Site is subject to the terms of use of the operator of that website.  If any Content violates such terms of use, the City may report the Content to the operator of the website, and request that the Content be deleted. 

If the operator of the website does not timely delete Content in violation of its terms of use, or if the website is owned and operated by the City, the following inappropriate forms of Content may be removed by the City:

  • Profane, obscene or pornographic content and/or language;
  • Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin;
  • Threats to any person or organization;
  • Solicitation of commerce, including but not limited to advertising of any business or product for sale; except as expressly provided for on certain City Web sites, social media sites and/or blogs;
  • Conduct in violation of any federal, state or local law; or
  • Conduct in violation of the terms of use of any website operator.

6.     Termination; Suspension  The City has the right to terminate or suspend any User’s access to City Social Media Sites immediately, without prior notice or a hearing, if such User violates any of these conditions.

7.     Compliance with Law  Any violations of applicable federal, state or local laws or regulations will be prosecuted.  Illegal activity will be reported to proper legal authorities.  

8.     Privacy  Content posted on City Social Media Sites is not private and may be disclosed by the City at any time.

9.     Entire Agreement; Severability; Waiver  These Conditions of Use 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.

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