How to Participate - Policies, Terms, and Conditions

Orlando Memory

I. How To Participate

A. Content

1. Shared Content

The Orlando Memory site is for community members to share their photos and stories about Central Florida's past and a place to create tomorrow's memories today.

We use Creative Commons License arrangements to govern how content from the site can be used as Shared Content; and how any material you post will automatically become Shared Content for others to use.

Anything posted on Orlando Memory, signifies your agreement to make it available under the terms of the Creative Commons License which governs all Shared Content on the Site. This means that users of the Site will be able to:

  • copy, distribute, display and perform the Shared Content and
  • make derivative works from it,

provided that:

  • they do not use it for any commercial purpose
  • when they use it elsewhere they credit the original author
  • if they reuse or distribute the Shared Content, they make it clear to others the terms on which the Shared Content is made available by explaining to them these license terms.
  • if they make any derivative work that they create from the Shared Content they will make it available to other users in the same Creative Commons License terms.

Other Registered Users will be able to amend, overwrite or even delete your content on or from the Site without consulting you.

Please think carefully before uploading any content or information to the site.

2. Non-Shared Content

All other content on the Site that is not Shared Content (“Our Content”) is not held under the Creative Common License and your use of the Site and Our Content grants no rights to you in relation to our (or our licensor’s) intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties contained in such parts of the Site.

You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way Our Content or the computer codes of elements comprising the Site other than for your own personal, noncommercial use. Subject to the above, you may download insubstantial excerpts of Our Content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made. Any use other than that permitted may only be undertaken with our prior express authorization.

3. Your License of Your Content

When you contribute any content to the Orlando Memory site, you grant us a perpetual license to use such content as set out below. This license is separate and different from the Creative Commons License that applies to other Site users’ use of such content.

On posting any content, the license you grant to us and our partners is a license to:

  • communicate such content to the public and otherwise make it available on the Orlando Memory Site and services and to amend, copy, or delete it in the course of doing so and at our discretion pursuant to any complaints in relation to such content and
  • create and publish content (in or on any media) based on (or which include copies and/or modifications of) all or any part of the content in publications produced by OCLS or with our permission and you hereby waive any rights that you may otherwise have to any revenues arising from such use.

B. How to Participate

1. Age Restrictions

If you are under 18 years of age then you may not register to use the Orlando Memory site. If we discover or have reason to suspect that you are not 18 or over we may suspend or terminate your registration.

If you are a teacher and would like to use Orlando Memory in your school or class teaching program please contact us.

2. Password, Profile, Library Card Requirements

In order to contribute to or delete materials from the Orlando Memory site or to comment on the content, you must be registered with Orlando Memory. Upon registration, you will select a login name, password and Orlando Memory User Name that you can use to access your Profile. We will then send you an email confirming your registration and containing links to Terms and Conditions.

You are responsible for maintaining the confidentiality of your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Site and services and will not be liable should your Password or User Name be used by someone else.

You agree to notify us immediately of any unauthorized use of your Password or User Name or any other breach of security of which you become aware.

You can cancel or terminate your registration at any time by contacting us at memories@ocls.info.

We reserve the right to terminate or suspend any registration where we have reason to believe or suspect that an individual is acting in breach of these Terms and Conditions or House Rules, or where required to do so by law, regulatory body or our licensors at any time on not less than 24 hours notice to you.

3. Feedback and Contact Information

If you have any questions, complaints or comments on the Site, you may contact us at memories@ocls.info or at the address below.

If you have specific complaints about another Registered User, or any Shared Content or any other aspects of the Site then you can contact us at 407.835.7323 or the address below. Please note that we are under no obligation to take any action against a Registered User or other person unless required by law.

Orange County Library System
Orlando Memory
101 E. Central Blvd.
Orlando, Florida 32801

4. Requirements

  • When you sign up to participate in Orlando Memory you guarantee the following:
  • you are 18 or over
  • all information and details provided by you to us on registration are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time through amending your Profile details)
  • you will undertake to comply with the restrictions on your use of the Site or any Shared Content or nonShared Content as set out in the Terms and Conditions
  • all content that you will contribute to the Site is yours and you have all rights required to grant the licenses set out above without OCLS or other user needing to obtain any further consents or permissions from or to pay any monies to any third person in respect of their use of such content.
  • you agree to compensate us and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of the Site or any Shared Content or nonShared Content including any breach or suspected breach of these Terms and Conditions or your violation of any law or the rights of a third party.

5. Changes to Terms and Conditions and Services

We are constantly looking for new ways to build and improve Orlando Memory and to enhance your experience. We therefore reserve the right to amend and develop the Site and these Terms and Conditions at any time. We will email you advising of the change in terms and conditions and post all such changes forthwith from such point if you continue to use the Site. If you do not accept any changes made, then you can exercise your right of termination at any time.

II. Policies

A. Acceptable Use / House Rules

Purpose

Your use of the Orlando Memory site is subject to our Terms and Conditions. Please make sure you read these, as well as our Privacy Policy.

These House Rules will help everyone enjoy participating in the website, and are not meant to discourage participation. Anyone who does not abide by these rules will lose their registration privileges.

You agree that, in using the Site, you will not:

  • email, transmit or otherwise disseminate any content (including, text, image, video or audio files) which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal
  • transmit on the Site, personal data regarding another Registered User or other person including, without limitation, their email, address or other contact details that would enable another Registered User or other person to identify or contact them without their express consent
  • use the Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity
  • use the Site for any purpose other than for noncommercial use
  • use the Site to impersonate any person or entity (including, but not limited to, any of Our employees or representatives) nor falsely state or otherwise misrepresent your affiliation with a person or entity
  • cause any part of the Site to be interrupted, damaged or otherwise impaired

B. Copyright

The Library respects the rights of copyright holders and publishers and requires all Orlando Memory users to own the copyright or have permission from the copyright holder to uphold copyrighted content. A copyright is the legal protection given in the United States to original works of authorship. Copyrights protect books, paintings, photos, music, video, software, and so forth. Copyright protection attaches to a work the moment it is fixed in tangible form (on paper, on video., etc.) and prevents others from using the work without permission.

If you are a copyright owner or an agent thereof and believe that any content on Orlando Memory site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be 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 the Copyright Agent to locate the material
  • Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an email address
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and
  • 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.

The designated Copyright Agent for Orlando Memory to receive notifications of claimed infringement is:

Donna Bachowski
Orange County Library System
101 East Central Blvd.
Orlando, Florida 32801
memories@ocls.info

CounterNotice. If you believe that the material you submitted that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counternotice containing the following information to the Copyright Agent:

  • Your physical or electronic signature
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the Middle District of Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counternotice is received by the Copyright Agent, the Library may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counternotice, at the Library's sole discretion.

C. Privacy Policy

The Orange County Library System is committed to protecting the privacy of your personal information as well as information regarding your individual use of Orlando Memory. The Library may disclose your personal information to other people as follows:

  • To law enforcement agencies in conformance with the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Public Law 10756, available online at http://www.epic.org/privacy/terrorism/hr3162.pdf), which was signed into law on October 26, 2001.
  • Upon request by third parties in accordance with Florida's public records law which requires that all information received in connection with Library business be made available to anyone upon request, unless the information is subject to a specific statutory exemption.

D. Moderating Content

All items added to Orlando Memory will be approved by an OCLS staff member before posting. Discussion board posts will not be moderated. When a user uploads an item file (image, audio, video, or document), or changes the text in either the main content or an extended field of a topic or item type, an email message will be sent that the contribution has been received and is being held for the moderator to review and approved the post. The contributor is then sent a message that the item is now live.

Orlando Memory is a collaborative community development. All users are encouraged to help maintain the integrity of the site. If you believe a topic or item is offensive, or contains mistakes, you can flag it for review and click on the appropriate link within the item. Postings can be flagged as inaccurate, duplicative, inappropriate, entered by mistake, or incorrect spelling. You will be asked to briefly explain why you believe an Administrator needs to review it.

III.Terms and Conditions

A. Age

To register to use Kete OCLS, you must be 18 years of age or older. If we discover or have reason to suspect that you are not 18 years of age or older, we may suspend or terminate your registration.

B. Applicable Law

Orlando Memory is controlled by the Orange County Library System in Orange County, Florida. As such, the laws of the State of Florida will govern these Terms and Conditions without giving effect to any principles of conflicts of laws. You agree that a condition of using Orlando Memory is that any and all claims arising out of use of this Web Site will be tried in the State of Florida and Florida law will apply. The Florida courts in Orange County shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms and Conditions.

C. Disclaimer of Warranties

You agree and acknowledge that your use of Orlando Memory is at your sole risk. OCLS and its respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with Orlando Memory and your use thereof. The Library makes no representations or warranties regarding the accuracy or completeness of the content on Orlando Memory or on any sites linked to Orlando Memory and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, resulting from your use of Orlando Memory, (iii) any unauthorized access to or use of the company's secure servers or any and all personal or financial information stored therein, (iv) any interruption or cessation of your use of Orlando Memory, (v) any bugs, viruses, or trojan horses, or related problems that may be acquired or transmitted in connection with Orlando Memory, and/or (vi) any errors or omissions in any user content or for any loss or damage of any kind incurred as a result of the use of any content posted, provided, transmitted, or otherwise made available via Orlando Memory. The OCLS does not represent, warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party on Orlando Memory, any linked website, or banner or other advertising, and the OCLS will not in any way be responsible for monitoring any transaction between you and thirdparty providers.

D. Limitation of Liability

In no event will OCLS or its affiliates, representatives, contractors, or their respective officers, directors, employees or agents be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under contract, tort or any other theory of liability, arising in connection with (i) any party's use of Orlando Memory or a linked site, (ii) any failure, error, omission, interruption, defect, delay, computer virus, line system failure or loss of data, (iii) any loss of use related to Orlando Memory or a linked site, (iv), any web site operated by any third party, (v) or any content of this Orlando Memory or any linked site, even if the OCLS is aware of the possibility of such damages.

You agree to indemnify, defend and hold harmless the Orange County Library System and its affiliates, licensors and contractors and their respective officers, directors, employees or agents, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys; fees, arising from or related to any breach by you of any of these terms of use or applicable law, including those regarding intellectual property.