Terms and Conditions of Use for Public Safety Broadband Technology Association Digital Products and Websites
These Terms and Conditions of Use (the “Terms and Conditions”) apply to Public Safety Broadband Technology Association websites and digital products (each, a “Website”) and are between the user of the Website (“User”) and Public Safety Broadband Technology Association.
Access to the Website or use of the Website content constitutes User’s agreement with these terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. FirstNet Association reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Website, and User’s continued use of the Website affirmatively indicates User’s acknowledgment of such changes and User’s agreement to be bound by the Terms and Conditions as modified.
Unless otherwise agreed in writing, User’s right to use the Website is not transferable and is subject to any restrictions established by Public Safety Broadband Technology Association.
Public Safety Broadband Technology Association may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. Public Safety Broadband Technology Association may also impose limits on certain features and services or restrict User’s access to parts or all of the Website without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, USER’S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, PUBLIC SAFETY BROADBAND TECHNOLOGY ASSOCIATION WILL CONTINUE TO RELY ON USER’S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
Access to the Website
User shall not have the right to sell, license, market, or lease the Website content to any party whatsoever without the prior written consent of Public Safety Broadband Technology Association. User shall not have the right to distribute the Website content in any manner to any third party or unauthorized user.
User hereby acknowledges that, as between Public Safety Broadband Technology Association and User or any party acting through User, all title to and ownership of the Website and its content remains vested in Public Safety Broadband Technology Association and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and Public Safety Broadband Technology Association remain Public Safety Broadband Technology Association’s exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all Public Safety Broadband Technology Association copyright and other proprietary notices.
User agrees to use the Website only non-commercially, and only for User’s bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Website to be used by any party whatsoever for purposes not connected with User’s non-commercial, legitimate business purposes.
User agrees to report promptly to Public Safety Broadband Technology Association any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
User shall notify the Website’s Webmaster of any known or suspected unauthorized use(s) of the Website through User’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s means of access.
User may not share User’s means of access with others. User acknowledges that User is responsible for all usage or activity on User’s Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s account, at FirstNet Association’s sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold Public Safety Broadband Technology Association harmless against liability for any and all use of User’s account.
Authorized Usage of the Website Content
The contents of the Website are intended for the benefit of User’s legitimate non-commercial business. All materials displayed on the Website (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the “Content”) are protected by copyright, and owned or controlled by Public Safety Broadband Technology Association or the party credited as the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User’s legitimate non-commercial business end-use is expressly prohibited without the prior written permission of Public Safety Broadband Technology Association or the copyright holder identified in the individual Content’s copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Website in whole or in part. No use is permitted which benefits any party other than Public Safety Broadband Technology Association or User.
thePSBTA.org and other Public Safety Broadband Technology Association products referenced in a Public Safety Broadband Technology Association digital product or website are either trademarks or registered trademarks of Public Safety Broadband Technology Association. Other featured logos, product and company names are or may be service/trademarks of their respective owners.
You still own the content that you provide to Public Safety Broadband Technology Association under this agreement, but you the User grant Public Safety Broadband Technology Association an irrevocable and perpetual license to use any User-generated content posted on the Website by User, including the right to sub-license such User-generated content.
User represents and warrants that all content submitted to Public Safety Broadband Technology Association by User is owned by User or that they have the rights to submit to Public Safety Broadband Technology Association and that this submission is not in violation of any law, contractual restrictions, or other third party rights and is not obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
Warranty And Availability Of Service And Links
Neither Public Safety Broadband Technology Association nor thePSBTA.org represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded, uploaded, or distributed through the Website by any user, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at User’s sole risk. Public Safety Broadband Technology Association reserves the right but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Website.
THE WEBSITE IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE. NEITHER PUBLIC SAFETY BROADBAND TECHNOLOGY ASSOCIATION NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER’s INABILITY TO USE, OR USER’s USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF PUBLIC SAFETY BROADBAND TECHNOLOGY ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE WEBSITE DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER’s RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST PUBLIC SAFETY BROADBAND TECHNOLOGY ASSOCIATION. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER’s SOLE RISK.
The Website contains links to other related Internet sites, resources, and sponsors of the Website. Public Safety Broadband Technology Association is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link’s site administrator or webmaster.
Public Safety Broadband Technology Association is not responsible for the contents of any linked site or any link contained in a linked site. Public Safety Broadband Technology Association is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Public Safety Broadband Technology Association of the linked site or its contents.
These Terms and Conditions shall be construed and enforced in accordance with Nevada law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Reno, Nevada.
Any rights not expressly granted to User in these Terms and Conditions are reserved to Public Safety Broadband Technology Association.
Any failure by Public Safety Broadband Technology Association to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between Public Safety Broadband Technology Association and User concerning User’s use of the Website and supersede any prior understanding or agreement whether oral or written.
FIrstNet Association Community Terms of Service
The following Terms of Service apply to your use of this Community. You are solely responsible for your conduct and your content on the Community and compliance with these terms. By registering with us or using or browsing this Community, you acknowledge that you have read, understood, and agree to be bound by these terms. This Community is not directed to anyone younger than 21 and is offered only to users 21 years of age or older. Any person who provides their personal information through this Community represents that they are 21 years of age or older.
You agree that you will not post, email or make available any content or use this Community:
- In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Community without authorization;
- to interfere or attempt to interfere with the proper working of this Community or prevent others from using this Community, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Community, or that otherwise negatively affects other persons’ ability to use this Community;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Community or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Community or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- “Stalk” or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Community or to proxy authentication credentials for any member of this Community for the purposes of automating logins to this Community;
- Post any content containing child pornography to this Community;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Community – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Community’s infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Community;
- Use this Community as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Community or for using it for purposes unrelated to this Community); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Community.
To provide notice of alleged copyright infringement on this Community, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Community to facilitate any of the foregoing prohibited conduct. You also agree that these Community Terms of Service inure to the benefit of our service providers (including our Community platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Community Terms of Service. Technology and hosting for aspects of this Community are provided by this Community’s online service provider. However, the Community Creator of this Community controls the content, membership and policy of this Community, including those pages served by such service provider on behalf of this Community. Notwithstanding anything to the contrary, by participating on this Community you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Community and participation with this Community.