Background
Social Pinpoint, its affiliates and subsidiaries (collectively, “Social Pinpoint”) has been commissioned by City of Cockburn (the “Entity”) to collect and display user content on their behalf for the sole purpose of permitting you to provide your opinion and other content to the Entity’s Site. Your data is being processed in accordance with the Entity’s Privacy Policy, where you can find details about how the Entity uses your information. As a data processor, Social Pinpoint’s Privacy Policy located provides information about how Social Pinpoint processes data on behalf of the Entity.
By using the Site or posting Your Content, you agree to the Entity and Social Pinpoint Privacy Policies and the Terms of Use set forth below. If you want the Entity to stop sending you emails, then opt out by clicking on the ‘unsubscribe’ link in your email.
These Terms of Use contain important terms and conditions that describe your rights and obligations and describe how you can use the Site (“TOU”). Please read the TOU carefully before accessing the Site. You are offered access and use of the Site only on the terms and conditions set forth in this TOU. By accessing and using the Site, and regardless of whether you register on the Site, you agree to the TOU.
Social Pinpoint owns and operates the technology that powers the Site. Social Pinpoint provides forms, conversations, Q&As, maps and other tools and also hosts the Site for the benefit of the Entity. However, the Entity controls use of the Site where You will be able to engage and communicate with the Entity and other interested parties.
1. Definitions
“Content” means any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content or material created, uploaded or made accessible on the Site.
“Controller” means the entity that determines the purposes and means of the processing of personal data.
“Linked Content” means any Content or websites other than the Site that you may access through a link found on the Site.
“Site” https://comment.cockburn.wa.gov.au.
“You, Your or Yours” means the individuals who are invited by the Entity to use the Site.
“Your Content” means any Content that you provide, upload or make accessible on the Site.
We, Us or Our means Social Pinpoint, and the Entity.
2. Registration
2.1 You may be required to register before accessing or contributing Content to the Site, or before accessing certain features or functions of the Site. In the event you need to register, this Section 2 applies to you. To register for an account on the Site, You must be the older of:
(a) 14 years; or
(b) the age required by law where You live to form a binding contract with Social Pinpoint.
2.2 When You register, You will:
(a) submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the “Registration Data”); and
(b) maintain and regularly update the Registration Data to keep it true, accurate, current and complete.
2.3 If You provide any information that is untrue, inaccurate, not current or incomplete, or Social Pinpoint suspects that You have provided such information, Your account may be suspended or terminated.
2.4 After You complete the user registration process at the Site, You will receive a user password and account name to access the Site. In connection therewith You:
(a) are fully responsible for maintaining the confidentiality of Your password and account;
(b) fully responsible for all activities that occur under Your password or account;
(c) must immediately notify Social Pinpoint if you are aware or suspect any unauthorized use of your password or account or any other breach of security; and
(d) must create no more than one user account at the Site.
2.5 Social Pinpoint or its agents, may require access to Your user account to respond to service or technical issues. If you have provided your consent, Social Pinpoint may communicate with you through Your user account by sending messages, newsletters, and other information. If you want Social Pinpoint to stop sending you emails, then opt out by clicking on the ‘unsubscribe’ link in your email. The Entity reserves the right to access all Content and communicate with You in accordance with its Privacy Policy and applicable law.
3. About Content
3.1 We own all the intellectual property rights that we create in our Content (see Section 8 below).
3.2 You own Your Content. We are not responsible for the substance, accuracy, completeness, appropriateness, or legality of Your Content.
3.3 You have no expectation that Your Content will be published on the Site.
3.4 We do not endorse or assume any responsibility for any Linked Content, or any information, materials, products, or services found or offered on or through Linked Content. If You access Linked Content from the Site, You do so at Your own risk, and You understand that neither the TOU nor Entity or Social Pinpoint privacy policies apply to Your use of such Linked Content. You expressly release Us from any and all liability arising from Your use of any Linked Content, the Site, or Content.
3.5 You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such Content.
3.6 Your Content will be seen by Social Pinpoint and may be made publicly available on the Site or elsewhere.
3.7 Additionally, even if Your Content is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws.
3.8 You also acknowledge and agree that We and Our designated agents have the right (but not the obligation), in Our sole discretion, to review and monitor Content on the Site, including Your Content, and we may remove or refuse to post, in Our sole discretion, any Content, including if it violates our Moderation Rules (see below). In some cases, Social Pinpoint has the right to review and approve Content before it is included on the Site. Note that neither Social Pinpoint nor the Entity edit your Content.
4. User Conduct
4.1 You understand and agree that:
(a) all Content is the sole responsibility of the person who made the Content available, and You are solely liable and responsible for Your Content;
(b) You are prohibited from advertising or offering to sell or buy any goods or services on the Site.
4.2 You shall not post Content that:
(a) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(b) violates applicable law or is illegal; or
(c) violates any third-party’s right, including right to privacy.
4.3 You shall not:
(a) transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," surveys, contests, or any other form of solicitation;
(b) transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) transmit Content that harms minors in any way;
(d) impersonate any person or entity, including without limitation a Social Pinpoint or Entity representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) create a false identity for the purpose of misleading others as to your identity or the originator of Content;
(f) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
4.4 You agree to and shall comply with our moderation rules for the Site
4.5 The Site gives you the opportunity to engage and communicate with third parties, including Social Pinpoint. You acknowledge and agree that your communications with Social Pinpoint and any third parties via the Site are subject to the above rules and may be disclosed to any investigating authority if it violates this Section 4.
5. Privacy Policy
5.1 When You access and use the Site, information submitted by You will belong to the Entity as data Controller. This information may include personal data (e.g. Your name, age, contact details etc.). Social Pinpoint, as Processor, processes data on behalf of the data Controller. Processing means (among other things) ensuring the Site runs properly, that Your data is securely stored and is available to the Controller so that they can effectively manage the Site and Your Content.
5.2 Social Pinpoint will not use any of Your Content not otherwise publicly available for anything other than benchmarking, using de-identified data, and complying with contractual requirements of the Entity. We do not sell lists of user details to third parties. However, We may occasionally need to use Your data to assist the Entity with analytics or other business purposes. Social Pinpoint requires these rights to Your data and Content in order to comply with its contractual requirements regarding operation and performance of the Site on behalf of the Entity.
6. Disclaimers
We offer the Site and Content to You on an “as-is” and “as available” basis. We make no representation or warranty that the Site or Your use thereof will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, We disclaim all warranties of any kind arising from or related to the Site or Content, whether express or implied, including without limitation all warranties of merchantability, fitness for a particular purpose, course of performance, title and noninfringement.
7. Indemnity and Release
You shall indemnify and hold Us, and in Social Pinpoint’s case its subsidiaries, affiliates, officers, agents, and other partners, and employees harmless from, and at Our request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of: (a) Your Content; (b) Your interactions or relationship with Social Pinpoint; and (c) Your violation of any other's rights or applicable law.
8. Social Pinpoint's Proprietary Rights
You acknowledge and agree that the Site and any necessary software and technology used in connection with the Site, contain proprietary and confidential information protected by applicable intellectual property and other laws, and all of the foregoing is owed by Social Pinpoint. The Content presented to you via the Site or via third parties may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use, republish, modify or exploit any third-party Content (including the intellectual property of the Entity) without such third-party’s written consent. You hereby grant Social Pinpoint a nonexclusive, perpetual, irrevocable, royalty-free, paid-up right and license to: (a) use your name or user/screen name and Your Content for Social Pinpoint’s business purposes; and (b) sublicense Your Content to the Entity for its business purposes. The Social Pinpoint trademarks, other logos, products, and service names used by it, are owned by Social Pinpoint (the “Social Pinpoint Marks”). You will not display or use the Social Pinpoint Marks in any manner without Our prior permission.
9. Copyright and DMCA
Social Pinpoint complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate upon receipt of notice of such infringement from the copyright owner or its agent. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide Social Pinpoint with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site of the material that you claim is infringing; (4) your address, telephone number and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send the foregoing to Social Pinpoint at the address specified below.
10. Limitation of Liability
To the fullest extent permitted by applicable law social pinpoint, on behalf of our directors, officers, employees, and agents (“released parties”), exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the site. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis. The aggregate liability of the released parties under all theories of liability and for all claims shall not exceed ten dollars (usd$10.00).
11. Modifications and Discontinuance
11.1 We may change the TOU from time to time without prior notice to You, and We will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy, if you do not agree to the modified TOU will be to cease all access and use of the Site.
11.2 We reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to You or to any third party.
12. General Information
12.1 Each party will, at all times, exercise its rights and perform its obligations under this Agreement in compliance with all applicable law, rules, and regulations.
12.2 The TOU and the Entity Privacy Policy constitute the entire agreement between you and the Entity with regards to your use of the Site.
12.3 The TOU and Social Pinpoint’s Privacy Policy(External link) constitute the entire agreement between you and Social Pinpoint with regards to your use of the Site, superseding any prior agreements between you and Social Pinpoint.
12.4 The TOU will be governed by and construed in accordance with the laws of the jurisdiction of the Entity, and all disputes will be resolved in a court of competent jurisdiction within such jurisdiction. No applicable principals of conflicts of laws, imputed terms of the Uniform Commercial Code, or the United Nations Convention on contracts for the international sale of goods will apply to the TOU.
12.5 Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.
12.6 If any provision of these TOU, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the TOU will remain in full force and effect.
12.7 Your rights and obligations under the TOU are personal and may not be assigned in any way without our permission, and which may be withheld in our absolute discretion.
12.8 Headings in the TOU are for convenience only and do not affect interpretation.
13. Issues
If You encounter issues with the Site, believe You see Content that violates these TOU, or have questions about the Site, please contact Social Pinpoint at [email protected](External link) (External link).
Social Pinpoint LLC, a Limited Liability Company having its principal place of business at 1152 15th Street NW, Suite 800, Washington, DC 20005, USA
