** NEW ITEM - December 2007 **
Copyrights and Digital Millennium Copyright Act Compliance
Access SF (“Access SF” or “we” “our,” or “us”) owns and operates this website (“Web Site”). Via the Web Site, we are streaming programs and materials created by third-parties unaffiliated with Access SF (“Producer Submissions”). If you are a copyright owner or an agent thereof and believe that any Producer Submission or other content on our Web 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)) 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(s) claimed to have been infringed , or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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.
Access SF’s Copyright Agent: Access SF’s designated Copyright Agent to receive notifications of claimed infringement is: Zane Blaney, Executive Director, 1720 Market Street, San Francisco, California, 94102, email zane@accessf.org, FAX 415-5754945.
Counter-Notice: If you believe that your Producer Submission or other materials has been removed from the Access SF Web Site pursuant to a copyright infringement claim and 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 in your Producer Submission, you may send a counter-notice containing the following information to the Access SF 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 e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Access SF Copyright Agent, Access SF may send a copy of the counter-notice to the original complaining party informing that person that Access SF may replace and reinstitute streaming of the removed content or cease disabling that content in 10 business days. Unless the copyright owner files an action seeking a court order against Access SF or the third-party who submitted the content to Access SF, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Access SF’s sole discretion.
Warranty Disclaimer
You agree that your use of the access sf web site and internet stream shall be at your sole risk. To the fullest extent permitted by law, access sf, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the internet stream and your use thereof. Access sf makes no warranties or representations about the accuracy or completeness of the web site or the internet stream’s content or the content of any sites linked to this web site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our web site, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our web site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the access sf web site or internet stream. Access sf does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the web site or any hyperlinked website or featured in any banner or other advertising, and access sf will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall access sf, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our web site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the access sf web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that access sf does not edit or impose editorial judgment on any producer submittion accessible through the web site. Access sf shall not be liable in any manner for the contents of any producer submission, inculding but not limited to any producer submission containing content or conduct that is defamatory, offensive, or illegal. The risk of harm or damage from the foregoing rests entirely with you.
The Access SF Website is controlled and offered by Access SF from its facilities in the city and county of San Francisco, California, U.S.A. Access SF makes no representations that the Access SF Web Site is appropriate or available for access or use in other locations. Those who access or use the Access SF Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless Access SF, its parent corporation, The San Francisco Community Television Corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Access SF Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Producer Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Access SF Web Site and Internet Stream.
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Privacy Policy
Access SF - Cable Channel 29 is committed to preserving your privacy and safeguarding your personal information online. The following statement describes the general information-gathering and usage practices of our web site, which are subject to reasonable change over time and as web site content and functionality are developed.
General Statement: Access SF - Cable Channel 29 does not sell or trade names or other personal data that we collect on our web site nor do we maintain any credit card information.
Credit Card Transactions: On our website, we receive secure credit card donations and membership payments that are processed by Groundspring. Groundspring.org is a nationally recognized provider of secure online credit card transactions, and their services are widely used by nonprofit organizations. Groundspring.org is committed to providing safe, secure and private online transactions. For further details about their privacy practices, please consult their privacy and security policy directly. Groundspring is a licensee of the TRUSTe Privacy Program, an independent, nonprofit organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Note that when you make a donation to Access SF through the Donate Now button on our web site, Groundspring.org will share your contact information (name, address, and email address) with us, and any non-obscured information about you that is included in their standard online form. We never receive your credit card number directly.
Newsletter: Donors, Members and individuals who sign up directly via the online form on this website will receive Access SF's printed and online newsletter called Upstream. Back issues of the newsletter can be found in the News & Updates area of our website. The online version of Upstream is circulated on a bi-monthly schedule and managed through Topica Publisher. Topica Publisher is one of the largest email service providers in the world, and its best practices model is designed to ensure the highest levels of permission and consent when using email. Topica is a licensee of the TRUSTe Privacy Program, and you can learn more about the privacy practices of Topica Publisher at the Topica Publisher website. If you do not want to receive newsletter materials from us, you can call Carter Paige to cancel receipt (415)-575-4947 or email him at carter@accessf.org.
Email Announce & Discussion Groups: Access SF maintains various Email Announce & Discussion Groups through Yahoo Groups. For more information or to sign up to one of Access SF's Email Groups, go to the Discussions area of our website. Yahoo is a licensee of the TRUSTe Privacy Program, and you can learn more about the privacy practices of Yahoo Groups at the Yahoo website or at the Yahoo Groups guidelines page.
Surveys: Access San Francisco maintains various interactive surveys on its website through Survey Monkey. Nonprofits that wish to use Access San Francisco's free PSA service are required to answer a brief survey about their organization. In general, other surveys will not be required of the website user, and will include an opt-out function. You can learn more about the privacy practices of Survey Monkey by going to their home page and clicking on the privacy button.
