Website Disclaimer
Town of Oakland Web Privacy Policy and Social Media Terms of Use (PPTOU)
General
Oakland, Florida, a municipality of the State of Florida, provides its website for your convenience as a public service. By using the information, services and products available through this website, you agree to be bound by all of Oakland’s terms and conditions of use as set forth in this PPTOU.
The terms and conditions set forth in the PPTOU may be updated from time to time without notice to you. It is your responsibility to review it from time to time to be aware of any such change. Your continued use of this service will indicate your agreement to any such change.
Please note that Oakland is not responsible for the content or privacy practices of websites whose contents are not controlled by Oakland, whether Oakland links to them as outside sites or not.
Public Records - Email Addresses
Under Florida law, email addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to Oakland. Instead contact Oakland by phone or in writing.
Collection of Personal Information
When you engage in activities on Oakland’s website, you may be asked to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities.
Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity online. Instead, you will need to use a non-web option for that matter.
How Your Personal Information is Used
Oakland may collect your information in order to record and support your participation in the activities you select.
Information that you provide may also be used by Oakland as part of our efforts to keep vendors informed about standards, requirements or service changes, or other services of Oakland. All information collected will be shared to individuals or entities only as required or allowed by state or federal law.
Protection of Your Personal Information
Oakland recognizes and appreciates the importance of responsible use of information collected on its websites. Information may be saved for a designated period of time in order to comply with the State of Florida’s archiving policies.
Opting Out
If you have registered with Oakland, or subscribed to alerts or newsletters, you may unsubscribe or opt out of receiving future communications at any time.
Use of Cookies
When you visit Oakland’s websites, you may surf the site anonymously and access information without revealing your identity. To improve our site, we may use “cookies” to assist your visit. A cookie is small amount of data that is transferred to your browser by a web server that can only be read by the server that gave it to you. It can function as your identification card, recording your passwords, purchases, and preferences. However, it cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.
For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages. While certain web pages use cookies to assist your visit to Oakland’s websites, and while our web servers automatically log the Internet Protocol (IP) address of your computer, this information does not identify you personally, and you remain anonymous unless you have otherwise provided personal information to a specific web page.
User Accounts
When registering to use a “Members Only” feature, it is solely your responsibility to keep your private account information, such as username and password secure. You must not disclose your private account information to anyone except other authorized persons.
You are entirely liable for all activities conducted through your account. You agree to immediately notify Oakland of any unauthorized use of your account or any breach of security.
Oakland will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also remember to sign out of your account and close your browser window whenever you have finished.
Security
For site security purposes and to ensure that this service remains available to all users, this government computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Data transmission over the Internet is not guaranteed to be 100% secure. While we strive to protect your personal information, Oakland cannot ensure or warrant the security of any information transmitted to us or received from our online products or services.
Your Responsibilities
You are responsible for all charges associated with connecting to the Internet. You agree that any telephone or other communications fees and charges incurred are your sole responsibility. The access number you use may not be a local phone call (even though it may be in the same area code as your phone number) and you may be subject to long distance fees or other charges. We advise you to check the local telephone service to verify whether your access number is a local charge and if additional communication fees may apply.
Prohibited Uses
As a user of Oakland’s websites, you agree to use any of its services only for its lawful, intended purposes. Use of any services for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use any service to:
- Provide false information or to impersonate someone else;
- Distribute computer viruses, worms, or any software intended to damage or alter a computer system; or
- Violate any applicable local, state, national or international law.
System and Network Security
Violations of system or network security of the service are prohibited and may subject you to criminal and civil liability. Oakland may investigate potential security violations and may notify applicable law enforcement agencies if violations are suspected.
You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not interfere or attempt to interfere with service to any other user.
In no event will Oakland be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of any of its websites or from any information, services, or products provided through this website, even if Oakland government has been advised of the possibility of such damages.
If you are dissatisfied with any of Oakland’s websites or social media accounts, or any portion of its websites, your exclusive remedy will be to stop using the website or social media accounts.
Social Media Terms of Use
Twitter, Facebook, Instagram, YouTube, and other social media websites are free services, and as such are susceptible to the interruptions and outages inherent in using any Internet based program. Oakland’s participation in these services may be offered, now or in the future, as a public convenience to share information about Oakland programs, services, events and activities. Oakland cannot guarantee these services will be available or functional at all times. When participants register for or follow these third-party services, they are subject to the terms of use as provided by the service providers as well as these terms of use.
Standard text messaging rates may apply if you choose to receive alerts or other notifications through text messaging on your cell phone. Oakland is not responsible for any such charges.
Oakland’s official Facebook page is www.facebook.com/OakTownUSA/
There may be additional official pages managed by Oakland in the future and the below will apply to any and all official pages managed by the Town.
People who follow or “like” official Oakland pages may expect regular posts covering some or all of the following:
- News releases and links to stories about Oakland
- Information about special events and upcoming meetings
- Alerts, announcements and time-sensitive updates
- Shared content from organizations that partner with Oakland, offer resources for the convenience of users, or that may be of interest to our followers
- Job postings and vendor bid announcements
Comments on Forums or Social Media
Oakland’s website, including any official social media pages, may contain threaded discussions, chat rooms, listservs and other communication forums. These limited public forums are provided to allow members of the public to share ideas and information pertaining to certain issues affecting Oakland. While Oakland encourages users to interact with Oakland through these limited public forums on the specific issues presented, Oakland expects members to affirm that they will interact in an appropriate manner as set forth below. Oakland does not agree with or endorse every comment that users may post on any of its websites.
Users agree to use Oakland’s social media sites at their own risk. Oakland cannot and does not guarantee that violations of the above will not occur, and Oakland cannot verify or confirm the accuracy of any comments posted by any user. Oakland is not responsible for violations of the above or for any inaccurate information posted by any user.
Users who are subject to the Sunshine Law, Section 286.011, Florida Statutes, must abide by the restrictions and obligations of such law.
By participating in any of these forums, users agree to send and receive messages that are both proper and related to the forum topic. The following types of comments are unacceptable, and users posting such comments may have their comments hidden or deleted and may be banned from use of the social media page:
- Content that is not directly related to Oakland;
- Obscene or profane language or content;
- Defamatory content;
- Content that is confidential, such as personal health, mental health, or substance abuse information;
- Content that is discriminatory under applicable law;
- Sexually explicit content or links to sexually explicit content;
- Solicitations of commerce;
- Conduct, threats, or encouragement of illegal activity;
- Content that may compromise the safety or security of the public;
- Content that violates a legal ownership interest, such as a copyright or trademark, of any person or entity;
- Content that introduces viruses, corrupted files or any other similar software or programs that may damage, alter or destroy Oakland’s websites or the operation of another’s computer system, network, software, program, documentation or data; or
- Content posted for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.
- If a user is blocked, Oakland will send a notification to the user’s account that was used to post the applicable comments. The notification will inform the user of the below appeal procedure.
- Appeal Procedure:
- No later than ten days from the receipt of a notice, a person may file an appeal of the blocking of the user. The appeal must include the person’s name, address, and phone number. No fee will be charged for filing the appeal.
- The appeal must be filed with the Administrative Services Office. The appeal may be filed in person at 230 N. Tubb St., Oakland, FL or by mail to 230 N. Tubb Street, P.O. Box 98 Oakland, FL 34760-0098.
- Appeals will be considered by the Town Manager or designee.
- No later than sixty days after receipt of an appeal, the Town Manager or designee shall issue a written decision on the appeal which shall be mailed to the appellant at the address provided.
- Upon the receipt of the written decision of the Town Manager or designee, the appellant will be deemed to have exhausted all administrative remedies.
- The blocking will remain in effect during the appeal and review process, including any judicial review.
Violation of Terms of Use
If you violate any of the terms contained in this PPTOU, Oakland may suspend or terminate, either temporarily or permanently, any or all services provided. Users who violate terms contained in this PPTOU may additionally incur criminal and civil liability. Oakland may refer violators to civil or criminal authorities for prosecution.
Indemnity
You agree to indemnify and hold Oakland and its commissioners, officers, employees and agents harmless from any claim, liability, loss, expense or demand, including attorneys’ fees, related to your violation of the terms and conditions or the use of the services and information provided at any of Oakland’s websites.
Limitation of Liability
In no event will Oakland, its suppliers, its service providers, or other third-party affiliates be liable for any damages whatsoever including but not limited to:
- Direct, indirect, incidental punitive and consequential damages arising out of the use, inability to use, or the results of use of any service;
- Any websites linked to the service, the materials or information contained at any or all such sites;
- Content anywhere on the internet, whether based on warranty, contract, tort or any other legal theory;
- Including without limitation those damages resulting from lost profits, lost data or business interruption;
- Aggregate liability of Oakland or any of its suppliers, service providers, or third-party affiliates.
In no event will Oakland be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of any of its websites or from any information, services, or products provided through this website, even if Oakland government has been advised of the possibility of such damages.
If you are dissatisfied with any of Oakland’s websites or social media accounts, or any portion of its websites, your exclusive remedy will be to stop using the website or social media accounts.
Termination
Subject to any appeal procedures in this PPTOU, Oakland may restrict access of any user of any of its services and may at any time in its sole discretion with notice and with or without cause immediately deny access to a service and may remove all account information in compliance with any public records requirements.
Disclaimer of Warranties
Any of its web service is provided by Oakland on an as-is basis. Neither Oakland nor its employees, agents, commissioners, partners, providers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the service, its contents, or any information made available by or through any service regarding the completeness, accuracy, or timeliness of the information.
Oakland disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Furthermore, Oakland does not warrant that use of the service will not be interrupted, available at any time or from any location, secured and error-free. Corrected defects are not warrantable and the service is not guaranteed free of viruses or other harmful components.
Governing Law
This PPTOU will be governed by and construed in accordance with the laws of the State of Florida. You also consent to the exclusive jurisdiction of the state and federal courts in Orlando, Florida.
Miscellaneous
If any provision of the PPTOU is found to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Oakland’s failure to exercise or enforce any right or provision of the PPTOU will not constitute a waiver of such right or provision unless acknowledged and agreed to by Oakland in writing.
The section titles in this PPTOU are solely used for the convenience of the parties and have no legal or contractual significance.
These terms and conditions constitute the entire agreement between you and Oakland with respect to the use of any of its websites and supersedes any and all prior or contemporaneous oral or written agreements. You may not assign this PPTOU to any other party.
Town of Oakland User Generated Content Agreement
Terms and Conditions
If you are not the party who took the photo or video content, you must receive written permission from the photographer, videographer, or content owner to approve the rights granted below.
When you create content, including but not limited to photographs, videos, comments, and your applicable social media handle and post it to your social media accounts using the tag
“#OaklandFL” or other hashtags sponsored or affiliated with Oakland, Florida (“User
Content”), you grant to Oakland, Florida, a political subdivision of the State of Florida, and
its employees, agents, and contractors, including any of its third-party content management
providers (collectively “Oakland”), the perpetual, irrevocable, royalty-free, non-exclusive,
transferable right to use your User Content in any manner to be determined in Oakland’s sole
discretion, including but not limited to on webpages and social media channels operated by Oakland, and for other marketing and promotional purposes, in any media now or any time in the future.
Oakland may use, publish, distribute, create derivative works from, alter, and edit your User
Content in any way in its sole discretion, with no obligation to you whatsoever. You grant Oakland the right to use your username, real name, image, likeness, caption, location or other
identifying information in connection with any use of your User Content. When you respond to
Oakland’s invitation with the hashtag #OaklandFL you represent and warrant that (i) you
own all rights in and to your User Content, or have received permission from the owner of that User Content to grant the rights provided in this agreement; (ii) all persons appearing in your User Content have granted permission for the uses and rights described in this agreement; (iii) you are of legal age to consent to this agreement; and (iv) use of your User Content by Oakland as described in this agreement will not violate the rights of any third party or any law. You agree you will not post or encourage others to post User Content that is unlawful, harassing, defamatory, obscene, libelous, or otherwise objectionable. You hereby release and agree to hold harmless Oakland from any liability related in any way to Oakland’s use of your User Content.
PLEASE BE ADVISED THAT INFORMATION TAGGED, PUBLISHED, OR SHARED TO OR FROM ANY OAKLAND SITE, PAGE, OR ADDRESS MAY BE SUBJECT TO THE FLORIDA PUBLIC RECORDS ACT, CHAPTER 119, FLORIDA STATUTES, OR OTHER PUBLIC RECORDS LAW.