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Privacy Policy: Amendment For Government Users
Introduction
1. Government Entity
You within the Terms shall mean the Agency itself and shall not apply to, or bind (i) the individual(s) who utilize the Services on Agency’s behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency.
2. Public Purpose
a. Agency employees shall use the Services solely in furtherance of Agency’s public purpose. Any requirement(s) set forth within the Terms that use of the Services be for private, personal and/or non-commercial purposes is hereby waived. Company acknowledges that You may use the Services from locations throughout the world on the same terms as You use it in the United States, and that You may have more than one account. Any prohibitions to the contrary are hereby waived.
3. Agency Content Serving The Public
a. Company will allow Agency Content to include the distribution or other publication via the Services of materials that may contain or constitute promotions, advertisements or solicitations for goods or services, so long as the material relates to the Agency’s mission.
4. Advertisements
a. Company agrees not to serve or display any commercial advertisements or solicitations in the publicly available portion of the Services displaying Content uploaded by or under the control of the Agency. This exclusion shall not extend to house ads, which Company may place in a non-intrusive manner.
5. Indemnification, Liability, Statute Of Limitations
Any provisions in the Terms related to indemnification, attorney fees, and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability of Agency for any breach of the Terms as modified by this this Amendment, or any claim arising from the Terms as modified by the Amendment, shall be determined under the Federal Tort Claims Act, or other governing authority. Federal Statute of Limitations provisions shall apply to any breach or claim.
6. Governing Law
a. Any arbitration, mediation or similar dispute resolution provision in the Terms is hereby deleted. The Terms and this Amendment shall be governed by, and interpreted and enforced in accordance with, the federal laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of Tennessee (excluding Tennessee choice of law rules) will apply in the absence of applicable federal law.
7. Changes To Terms
a. Language in the Terms reserving to Company the right to change the Terms without notice at any time is hereby amended to grant You at least fourteen (14) days advance notice of any material change to the Terms. Company shall send this notice to socialmediaapps@gsa.gov.
8. Access And Use
a. Company acknowledges that the Agency’s use of the Services may energize significant citizen engagement and otherwise become important to the Agency’s mission. Language in the Terms allowing Company to terminate service, or suspend or cancel the Agency’s account, at any time, for any reason, is modified to reflect the Parties’ agreement that Company may unilaterally terminate service and/or terminate Agency’s account only for breach of Agency’s obligations under the Terms or its material failure to comply with the instructions and guidelines posted on the Services, or if Company ceases to operate its Services generally. Company will provide Agency with a reasonable opportunity to cure any breach or failure on Agency’s part.
9. Ownership Of Names
Any provision(s) in the Terms related to Company’s ownership of and right to change Your selected username(s), user ID(s), domain name(s), channel name(s), and group name(s), are modified to reasonably accommodate Agency’s proprietary, practical, and/or operational interest in its own publicly-recognized name and the names of Agency programs.
10. Modification Of Agency Content
a. Any right Company reserves in the Terms to modify or adapt Agency Content is limited to technical actions necessary to index, format and display that content. The right to modify or adapt does not include the right to substantively edit or otherwise alter the meaning of the content. In the event Agency discovers that Agency Content has been modified in a manner that alters the meaning of such content, Agency may contact Company and the Parties shall work together in good faith to resolve the matter. Notwithstanding the foregoing, nothing in this Amendment shall result in an expansion of Agency’s rights as a United States Government entity under the Copyright Act of 1976 (17 U.S.C. §§101 et sec.), specifically including Section 105 of the Act.
11. Limitation Of Liability
The Parties agree that nothing in the Limitation of Liability and Damages clause or elsewhere in the Terms in any way grants Company a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.inar dapibus leo.
12. Uploading, Deleting
13. No Endorsement
Company agrees that Your seals, trademarks, logos, service marks, trade names, and the fact that You have a presence on the Services, shall not be used by Company in such a manner as to state or imply that the Company’s products or services are endorsed, sponsored or recommended by You or by any other element of the Federal Government, or are considered by You or the Federal Government to be superior to any other products or services. Except for pages whose design and content is under the control of the Agency, or for links to or promotion of such pages, Company agrees not to display any Agency or government seals or logos on the Company homepage or elsewhere on the Services, unless permission to do so has been granted by the Agency or by other relevant federal government authority. Company may list the Agency’s name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other third-party name.
14. No Business Relationship Created
a. The Parties are independent entities and nothing in the Terms as modified by this Amendment creates an agency, partnership, joint venture, or employer/employee relationship.
15. No Cost Agreement
Nothing in the Terms as modified by this Amendment obligates You to expend appropriations or incur financial obligations. The Parties acknowledge and agree that none of the obligations arising from the Terms as modified by this Amendment are contingent upon the payment of fees by one party to the other, except as discussed in paragraph 17 below.
16. Provision Of Data
17. Fee-Based Services
a. The Parties agree this Amendment applies to Agency’s usage of both free and paid Services that Company may provide. The Parties understand that fee-based products and services are categorically different than free products and services, and are subject to federal procurement rules and processes. Before Agency decides to enter into a premium or enterprise subscription, or any other fee-based service that Company may offer now or in the future, Agency agrees to determine if it has a need for those additional services for a fee, to consider the subscription’s value in comparison with comparable services available elsewhere, to determine that Agency funds are available for payment, to properly use the Government Purchase Card if that Card is used as the payment method, to review any then-applicable Terms for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and agency guidelines when initiating that separate action.
18. Assignment
Neither party may assign its obligations under the Terms as modified by this Amendment to any third party without prior written consent of the other to the extent consistent with federal law and regulation.
19. Termination Rights
a. Agency may close Agency’s account and terminate this Amendment at any time. Company may close Agency’s account and terminate this Amendment on 30 days written notice..
20. Security
a. Company will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls are employed to ensure security of systems and data. Company agrees to discuss implementing additional security controls as deemed necessary by Agency to conform to the Federal Information Security Management Act (FISMA), 44 U.S.C. 3541 et seq.
Section 21-24
21. Federal Records.
Agency acknowledges that use of Company’s Services may require management of Federal Records. The Parties agree the Agency is responsible for ensuring that its use of the Services is compliant with applicable Federal records management laws and regulations.
22. Intellectual Property Ownership.
a. Except as expressly allowed in the Terms, no rights to any derivative works, inventions, or Company product modifications are conferred on Agency or any other party. All such rights belong solely to the Company.
23. Precedence, Further Amendments.
a. If there is any conflict between this Amendment and the Terms, or between this Amendment and other terms, rules or policies on the Company Site or related to its Services, this Amendment shall prevail. This Amendment constitutes an amendment to the Terms; any language in the Terms indicating it may not be modified or that it alone is the entire agreement between the Parties is waived. Any further amendment must be agreed to by both Parties.
24. Additional Items for Discussion and Possible Inclusion in this Amendment.
Company understands current federal law, regulation and policy may affect Agency’s use of the Company’s products and services in ways not addressed in the clauses above. Much depends on the nature of the products and services offered by Company (which may change from time to time), and how Agency intends to use those services (which also may change). Among the topics Agency may need to discuss with Company and which may lead to a mutual agreement to insert additional clauses in the Amendment, are Privacy and Accessibility.
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