Terms of Service (TOS)

By using the Lens on Atlanta Web site, 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 Lens on Atlanta.

 

Description of Service

Lens on 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 Lens on Atlanta users or via the Internet at-large, which may be accessed via the Internet. As a user of Lens on Atlanta, you understand and agree that Lens on Atlanta also may include advertisements that are necessary for Lens on Atlanta to provide its service. Lens on Atlanta also may include certain communications from Lens on 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 Lens on 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 Lens on Atlanta account. While Lens on Atlanta prohibits certain conduct and content on its site, you understand and agree that Lens on Atlanta cannot be responsible for the content posted on its Web site, you nonetheless may be exposed to such materials, and that you use Lens on 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 Lens on 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 Lens on Atlanta.
Pornography and sexually explicit images and video or any form of content are not permitted on Lens on Atlanta. If your posted content contains content of this nature, Lens on Atlanta has the right to cancel your membership and/or to delete this content without notification.

 

Lens on Atlanta Member Rights and Responsibilities

1. You may use the Lens on Atlanta suite of tools freely.

2. You may search the content, connect with others, collaborate with others, join others, convey your message and solve problems freely using the Lens on Atlanta platform.

3. You must be 13 years of age or older to use this site.

4. You are responsible for any activity that occurs under your screen name.

5. You are responsible for keeping your password secure.

6. You must not abuse, harass, threaten, impersonate or intimidate other Lens on Atlanta users. This includes using offensive or disparaging language on the site.

7. You may not use Lens on Atlanta for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

8. You may not use Lens on 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.

9. 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 Lens on Atlanta Community.

10. 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).

11. By submitting Content for inclusion on Lens on Atlanta you grant Lens on 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.

12. Lens on 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 Lens on Atlanta or PBA.

13. You must not modify, adapt or hack Lens on Atlanta or modify another Web site so as to falsely imply that it is associated with Lens on Atlanta. You must not circumvent, disable or interfere with security features of Lens on Atlanta.

14. You must not create or submit unwanted e-mail to any Lens on Atlanta members ("Spam").

15. You must not transmit any worms or viruses or any code of a destructive nature.

16. You must not, in the use of Lens on Atlanta, violate any laws in your jurisdiction (including but not limited to copyright laws).

17. You may post video, audio, images and text hosted on Lens on Atlanta to outside Web sites. However, pages on other Web sites that display data hosted on Lens on Atlanta must provide a link back to Lens on Atlanta.

PBA Rights and Responsibilities

1. PBA desires to maintain a platform for the citizens of the Atlanta Region to connect, share and collaborate with each other.

2. PBA shall make a reasonable effort to monitor content on the site to ensure the conversation is constructive and appropriate.

3. PBA shall make a reasonable effort to listen to the community and use community input to improve the Lens on Atlanta platform.

4. PBA reserves the right to modify or terminate Lens on Atlanta for any reason, without notice, and at any time.

5. 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.

6. PBA reserves the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.

7. 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.

8. 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 Lens on Atlanta, PBA, its users and the public.

9. Lens on Atlanta may contain links to other Web sites operated by third parties that are not owned or controlled by Lens on Atlanta. Lens on 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 Lens on 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 Lens on 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 Lens on 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:

Lens on Atlanta respects the intellectual property rights of others and requires that all Users who use Lens on Atlanta do the same. Lens on 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 Lens on Atlanta in a way that constitutes copyright infringement, please notify the Lens on Atlanta Copyright Agent (at the address set forth below) in writing with the following information:

1. Information reasonably sufficient to permit Lens on 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;

2. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the Lens on Atlanta site are covered by a single notification, a representative list of such works;

3. 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 Lens on Atlanta to locate such material, including if possible the name of such work and where such material may be found on the Lens on Atlanta site (please be as detailed as possible so that we can actually find the material that you claim is infringing);

4. 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;

5. 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

6. Your electronic or physical signature. Lens on Atlanta's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

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

Member Disputes

You are solely responsible for your interactions with other Lens on Atlanta users. As a Member you are expected to tolerate viewpoints and perspectives with which you may not agree. Lens on Atlanta is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. Lens on Atlanta reserves the right but has no obligation to monitor disputes between you and other Members and to take any action in Lens on 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 Lens on Atlanta by clicking the “Report” link that is located under the Content.

If the behavior or Content is determined to be inappropriate, the content and its associated Content will be removed from Lens on Atlanta by PBA administrators, and the author will be notified. All such determinations may be made at Lens on Atlanta’s sole discretion. Lens on 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 Lens on Atlanta. Lens on 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.

Lens on Atlanta Groups

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

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

1. The Group Owner decides whether a Lens on 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.

2. In a restricted Lens on 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.

3. A Group Owner may, at any time, transfer his or her ownership of a Group to another Member.

4. A Group Owner shall be responsible for the maintenance and monitoring of the Content in the Lens on 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 Lens on 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 Lens on Atlanta site. Lens on 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 Lens on Atlanta’s defense of such third party claim. At Lens on Atlanta’s election, and upon notice to you, you shall obtain counsel reasonably satisfactory to Lens on Atlanta, at your cost and expense, to defend any third party claim covered by the foregoing indemnification, and Lens on Atlanta shall cooperate with such defense. In such event you shall not settle any such third party claim without the prior written consent of Lens on Atlanta.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Lens on 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, Lens on 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 Lens on Atlanta site, even if Lens on 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 Lens on Atlanta site, or your use of Lens on Atlanta exceed the amount, if any, paid by you to Lens on Atlanta for your use of Lens on 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 Lens on Atlanta site and the materials, services, functions, information and content on or made available through the Lens on 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, Lens on Atlanta disclaims all warranties, express and implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Lens on Atlanta does not represent or warrant that the functions will be timely, secure, uninterrupted or error-free or that any defects will be corrected. Lens on 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 Lens on Atlanta site or your downloading of any materials, data, text, images, video or audio from the Lens on Atlanta site. Lens on Atlanta does not make any warranties or representations with respect to the material, services, information and content made available on or through the Lens on 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 Lens on Atlanta service (including your Lens on Atlanta username) or Content you do not own, use of the Lens on Atlanta service or Content you do not own, or access to the Lens on Atlanta service or Content you do not own, without the express written consent of PBA.

NO WAIVER

Lens on 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.