City of Port Washington, Wisconsin
Trademark and Copyright Usage Guidelines
Date Adopted: March 17, 2015
The City of Port Washington, Wisconsin (the "City of Port Washington") is a great place to live, raise a family and operate a business. We are proud of our citizens and we want our citizens to be proud of their home town.
To this end, the City of Port Washington encourages its citizens and businesses to promote the City of Port Washington; and the City of Port Washington has developed this trademark and copyright usage policy (the "Policy") to establish consistent guidelines for the use of certain trademarks (such as the City of Port Washington logo and tagline) and other content owned by the City of Port Washington.
This Policy governs the NON-COMMERCIAL use of trademarks and copyrighted content owned by the City of Port Washington (collectively, "Content"). IF YOU USE ANY CONTENT, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE CONTENT IN ANY MANNER.
If you have any questions about this policy or how to obtain permission to use Content owned by the City of Port Washington for commercial purposes, please contact the City Clerk.
CHANGES TO THIS AGREEMENT
The City of Port Washington may change this Agreement from time to time without prior notice. If we change this Agreement, we will update the "Date Adopted" date noted above.
LIST OF CONTENT
For a complete list of current trademarks and copyrighted images and access to downloadable digital content for use in accordance with these guidelines, please acknowledge below and you will be directed to the Trademarked Image page. Only the Content available on this page is available for use under this Policy.
OWNERSHIP OF INTELLECTUAL PROPERTY
The City of Port Washington is the owner of the Content as well as trademark(s) and logos, copyrighted images and text appearing on the City of Port Washington website (the "Website") and social media platforms owned and operated by the City of Port Washington. Trademarks may be identified on the website with either a "TM" or ® designation; however, the absence of either a "TM" or ® designation does not affect the City of Port Washington's rights to such trademarks. Copyrighted content may be identified with a copyright notice; however, the absence of a copyright notice does not mean that the image or text is free to copy or use except as set forth in this Agreement.
Except as stated in the Non-Commercial Use License sections below, reproduction, modification, or distribution of Content is strictly prohibited. You agree not to sell, license, rent, distribute, copy, transmit, publicly display, adapt, edit or create derivative works using the Content. Additionally, you may not reproduce, modify, reverse engineer, decompile, disassemble, transmit, sell, distribute, license or create derivative works of any other content appearing on the Website.
NON-COMMERCIAL USE LICENSE
You may use the Content on a personal website, such as a blog or social media, to indicate that you or your business are located in the City of Port Washington, provided your website or social media page complies with the Online Conduct section below. This permission shall be deemed a limited, non-transferable, non-exclusive license that ends immediately if upon the City of Port Washington's request, including but not limited to instances where the Content is out-of-date or has been updated by the City of Port Washington; and/or if you are in violation of this Policy.
You may NOT use any Content for commercial purposes, which is defined as use of Content on social media websites that promote a business or commercial enterprise, on printed materials (such as books, brochures, or posters), merchandise (such as coffee mugs, pens or T-Shirts) or any other articles that are offered for sale OR given away for free in connection with the promotion of your business or commercial enterprise.
You expressly acknowledge that the results from any use of Content and any goodwill shall be for the benefit of the City of Port Washington. You further agree that any use of Content shall be of sufficient quality and shall not violate this Policy or otherwise harm the City of Port Washington's reputation.
COMMERCIAL USE LICENSES
If you would like to use Content for commercial purposes, you must first contact the City of Port Washington and obtain a commercial use license. A commercial use license may be granted or withheld for any reason in the City of Port Washington's sole discretion.
ONLINE CONDUCT GUIDELINES
Most of us go online to learn, explore and have fun. The City of Port Washington has adopted this Policy to promote the City of Port Washington and maintain a positive online atmosphere. Accordingly, any website that uses Content shall not engage in any of the following:
Engage in any fraudulent activity or otherwise provide false or misleading information or communications.
Impersonate any person or entity or otherwise mislead as to the origin of any information or communication, including the City of Port Washington or any employee, volunteer or elected official of the City of Port Washington.
Engage in any activity that violates any federal, state or local laws or regulations, or otherwise engage in any illegal activity.
Violate or otherwise infringe on the copyright, trademark or other intellectual property rights of the City of Port Washington or any other party.
Violate or otherwise infringe on the privacy rights or contractual rights of any other party or the City of Port Washington.
Use Content to interfere with the City of Port Washington or any third party, including but not limited to operating a phishing scam, spreading a virus, cancel bot, Trojan horse, harmful code, denial-of service attacks, packet or IP spoofing, forged routing, forged e-mail address information, or any other method or technology that is similar to any of the foregoing items.
Mirror or frame the City of Port Washington website or social media platform, or any portion of such website or social media platform.
Use the City of Port Washington website or social media platform to distribute unsolicited e-mails or unsolicited advertisements.
Post or otherwise transmit: (a) any content that is libelous, defamatory, obscene, indecent, pornographic, profane, vulgar, threatening, or offensive; (b) any content that promotes any illegal activity or substance; or (c) any other content that would violate the law or otherwise give rise to a civil claim.
Assist, encourage or otherwise facilitate the efforts of any third parties to engage in any of the foregoing list of prohibited activities.
LIMITATION ON DAMAGES
THE CITY OF PORT WASHINGTON SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, PROFITS OR GOODWILL, REGARDLESS OF WHETHER THE CLAIM FOR LIABILITY IS BASED ON A CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THIS LIMITATION SHALL APPLY EVEN IF THE CITY OF PORT WASHINGTON HAS BEEN WARNED OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF YOU HAVE A CLAIM AGAINST THE CITY OF PORT WASHINGTON THAT ARISES OUT OF THIS AGREEMENT OR IS OTHERWISE RELATED TO THE WEBSITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CITY OF PORT WASHINGTON TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID THE CITY OF PORT WASHINGTON FOR SERVICES RELATED TO THE WEBSITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.
You agree to indemnify and hold harmless the City of Port Washington for any damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees) associated with any party bringing a claim against the City of Port Washington as a result of your breach of this Agreement or otherwise related to your negligence or willful misconduct.
GOVERNING LAW AND JURISDICTION
This Agreement, and The City of Port Washington's operation of the Website, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin. Any disputes arising out of this Policy shall be adjudicated in a court located in Ozaukee County, Wisconsin.
OTHER LEGAL TERMS
The failure of any party to insist (in any one or more instances) upon the performance of any provision of this Agreement shall not be construed as a waiver or relinquishment of any right granted in this Agreement or of the future performance of such provision. In interpreting any provision of this Agreement, no presumption shall arise favoring or disfavoring any party by virtue of the authorship of the provision. If an arbitrator or court determines that any provision of this Agreement is unenforceable: (a) such unenforceability shall not affect any other provision of this Agreement; (b) the remaining provisions of this Agreement shall remain in full force and effect; and (c) the arbitrator or court may so modify the unenforceable provision to the extent necessary to make it enforceable. This Agreement does not create any third party beneficiary rights, except that to extent any provision provides a release, limitation, indemnification or other protection to the City of Port Washington, such provision shall be deemed to also provide a release, limitation, indemnification or other protection to any officer, employee, agent, member, manager or subsidiary of the City of Port Washington.