(A) The city will not be responsible in any way for the content or quality of access programs produced by others. The city does, however, reserve the right to reject any program not technically compatible with standard cablecasting equipment or otherwise technically unsuitable for viewing on a subscriber's set.
(B) The user acknowledges and agrees that the access service here provided for is subject to many uncertainties of application under federal, state and local law and that in light of these uncertainties and the experience gained by the city in providing these services, this operating ordinance may be changed by the city at any time upon reasonable notice.
(C) The user further acknowledges and agrees that the city, its Council, officials, officers, Cable Access Committee, agents and employees, whether jointly or severally, in their corporate or personal capacity, undertake no liability for damages, direct, consequential, or of any kind for any good faith acts or omissions taken in connection with the administration of this article. Such acts or omissions, including, but are not limited to the following:
(1) Scheduling decisions made by the city, and the failure to present programs at the dates and times here applied for;
(2) A decision by the city that any program provided by the user would violate this operating ordinance or other applicable local, state, or federal law; or
(3) Technical causes or problems of any nature beyond the control of the city.
(D) All applicants must make their own arrangements to deliver their proposed program materials to the city offices and to pick up that material if and after it has been presented over the cable system. Any program material not picked up within 60 days after its presentation on the cable system will be considered to have been abandoned by the owner thereof. The city will not be responsible for the delivery or return of any tapes, films or program materials proposed for cable presentation. The city will not be responsible for the loss, destruction, theft or damage due to acts of nature or to causes beyond the city's control.
(E) An access user acts on his or her own behalf and not as an agent of the city and shall not make any representation to the contrary to any third party.
(F) In the event that the franchise agreement between the city and the franchise operator fails to provide for the user access to equipment and facilities denoted herein, the city assumes no independent responsibility for the provision of such equipment and facilities to implement user access privileges created herein.
(1993 Code, § 18-129) (Ord. passed 8-22-1994)