City of San Marino Social Media Comment and Content Moderation Policy
Overview and Purpose
Our social media sites are moderated online discussion sites and are designated as limited public forums.
The purpose of the City of San Marino’s social media sites (including but not limited to sites such as Facebook, Twitter, and Instagram) are to share news, information, and updates regarding the activities, policies and programs of the City of San Marino. However, the information and content contained in our social media sites are only intended to supplement, not to replace, the information available through official City of San Marino channels, in general, and the City of San Marino’s official website (www.cityofsanmarino.org).
If you are a reporter, please direct your inquiries to the City Manager’s Office at (626) 300-0781. We do not post nor respond to reporters’ questions on our social media sites.
The City of San Marino is not responsible for comments, remarks, messages, or other material posted to its social media sites and does not, in any way, guarantee, ensure, or warrant the content, accuracy, or use of social media content from anyone else. The City of San Marino specifically disclaims all liability for claims or damages that may result from any posting on its social media site. Opinions expressed on our social media sites are those of the person posting and do not necessarily reflect the opinions, practices, or policies of the City of San Marino. In no event shall the City of San Marino be liable to you or anyone else for any decision made or action taken in reliance on information on our social media sites.
This policy is to be distributed to all City of San Marino staff and posted on the City’s website and social media channels for public viewing.
Your comments are public and reviewed.
Our social media sites are public sites and viewable by everyone. Comments and shared information also become part of a public record and may be archived in order to abide with applicable laws, e-discovery requirements, and document retention policies. Information shared through our social media site may be public records subject to full disclosure to those who request it through the California Public Records Act or other public information statutes. Your use of our social media sites and the posting of any content is deemed a waiver by you of any rights to privacy or confidentiality.
Please be aware that we review all comments after you post them. Because these sites are visible to all ages, we expect persons who leave comments to do so with respect, good manners, and careful thought of who might be seeing them.
Consistent with the purpose of this Limited Public Forum, we reserve the right to moderate, monitor, remove, prohibit, restrict, block, suspend, terminate, delete, discontinue or reject comments and access to comments if they are:
- Profane, obscene, pornographic, abusive, threatening, racist, defamatory, offensive or contain violent language
- Trolling (posts that are deliberately offensive, provocative, or disruptive and intended to hijack our content, deflect our information off-track, upset someone or create angry responses from employees or other visitors)
- In violation of applicable federal, state or local law or regulation
- Violations of the intellectual property rights of others
- Spam (unsolicited messages that are usually intended as advertising or messages that are repeatedly posted on the same site)
- Attacks or calls-to-action for attacks on specific groups
- Intended to harass, threaten or abuse an individual or are defamatory, derogatory, or are personal attacks on any City of San Marino official, employee, resident, or business person
- Hateful or discriminatory comments regarding or comments that promote, foster, or perpetuate discrimination of harassment on the basis of race, ethnicity, religion, gender, disability, sexual orientation, political beliefs, or a protected class under local, state, or federal law
- Links or comments containing sexually explicit content or material
- Links to malicious software or sites
- Cyber-stalking or threats to an individual or organization, or intended to collect or post private information and data without disclosure (e.g., doxxing)
- Messages that relate to confidential, private, or proprietary information
- Messages that are inappropriate, in poor taste, or otherwise contrary to the purposes of our site or the business of the City of San Marino
- Solicitation of funds
- Unsolicited business proposals and inquiries
- Reports of criminal or suspicious activity (please contact your local police agency directly with this type of information)
- Encouragement of illegal or unlawful activity
- Any form of legal and/or administrative notices or processes
- Posts not in compliance with our social media host's own terms and conditions
- Posts that attempt to or do take over a thread in ways that are contrary to these terms and conditions (including random or unintelligible posts)
- Harmful to minors in any way
- Impersonations of any person or entity, including, but not limited to, a City staff member or elected official, or falsely state or otherwise misrepresent his or her affiliation with a person or entity
The above list is not necessarily exhaustive and the City of San Marino reserves the right to remove or restrict any post or comment that violates the purpose or spirit of these terms and conditions.
Individuals who comment or post to our social media sites and who repeatedly violate these terms and conditions may, among other actions, be banned, prohibited from posting future comments, or be reported to the social media provider.
We do not edit comments for the purpose of removing objectionable or inappropriate content and leaving non-objectionable or appropriate content. If you want your comments to remain posted, please ensure that you comply with this policy.
While comments may be posted at any time because of the nature of social media, we will review and screen comments during regular business hours (Monday – Thursdays from 7:00 AM to 5:00 PM and Fridays from 7:00 AM to 12:00 PM, Pacific Standard Time).
Information contained on our social media sites may be intercepted, recorded, read, copied, and disclosed by and to authorized personnel for any official purpose, including criminal investigations. Unauthorized access or use of our social media sites, including attempting unauthorized copying, altering, destroying, or damaging site content may violate the Federal Computer Fraud and Abuse Act of 1986 and may subject violators to criminal, civil, and/or administrative action.
Do not include personally identifiable information in the body of your social media comments. This is for your own protection and privacy.
The City of San Marino does not endorse commercial entities, products, services, or other non-governmental organizations or individuals through social media. Any references to commercial entities, products, services, or non-governmental organizations or individuals are solely for informational purposes or posted by the social media provider.
Our comments are not legal advice and your comments are not official notice.
Postings, interactions, and messages made through social media sites do not constitute legal advice. Likewise, anything you post is not considered an official notice or comment to the City of San Marino or to any official or to any of our employees for any purpose. The City of San Marino disclaims all warranties, expressed or implied, for any of the information and content provided in its social media site.
You can contact the City of San Marino by visiting www.cityofsanmarino.org or calling (626) 300-0700.
You may own your comments but we can use them.
You own all of the comments, content, messages, and similar information that you post on our social media sites (subject to any terms or conditions of the social media provider). You are responsible for how you control the sharing of that content through the privacy and application settings of the social media provider.
By posting on our social media sites, you grant the City of San Marino a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use that content. That means the City of San Marino can reproduce, distribute, publish, display, and otherwise use your content.
If you do not wish to have the content you have posted used, published, copied and/or reprinted, please do not post on our social media sites.
E. Advertisement and Link Disclaimer
The information provided on our social media sites and any links or references thereon are provided as a courtesy to our visitors. The City of San Marino does not endorse, recommend, nor approve of any person, any product, or any service mentioned on our social media sites nor referenced or contained on any other website or social media page.
The City of San Marino does not endorse nor support any advertising that may be contained on its social media sites nor on any of the pages of any linked or referenced sites. The City of San Marino does not generally link to the following:
- Candidate or nominee sites nor sites advocating a position on the City of San Marino or ballot issues
- Corporate commercial sites (Please note that non-profit organizations may include links to member or sponsor organizations. However, such links are not an endorsement or recommendation by the City of San Marino.)
- Personal home pages
F. Intellectual Property Use
Images, photographs, written works and graphics used by us on our social media sites, unless otherwise noted, are the property of the City of San Marino and are protected under both United States and International Copyright Laws. Our images, photographs, written works and graphics may not be reproduced, copied, transmitted or manipulated without the written permission of the City of San Marino. Use of any image or content from our social media sites as the basis for any other, literary writing, photograph or illustration (in any format) is a violation of the United States and International Copyright laws.
For questions pertaining to our intellectual property rights or for permission to reproduce our social media please contact us at (626) 300-0781.
By using our social media site, you agree that you must defend, indemnify, and hold the City of San Marino and its officers, directors, employees, contractors, representatives, agents, successors and assigns harmless from and against any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which they may become subject and which arise out of, are based upon, are as a result of, or are in any way connected with your use of our social media sites, including any third-party claims of infringement or any breach of these terms and conditions.
By using our social media sites, you agree that any claim or dispute relating to the posting of any content on our social media site shall be construed in accordance with the laws of the State of California without regard to its conflict of laws provisions, and you agree to be bound and shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
I. Policy Amendments
This Policy is subject to amendment.
This policy may be updated or amended at any time without notice. Each time you access or use our social media sites, the policy then in place at the time of such access or use will govern your usage and posting.