Terms of Use

Welcome to CMF Public Media, a website service owned and produced by Carroll McKenney Foundation for Public Media, Inc. (“CMF”).  CMF provides this service to you subject to the following conditions. If you visit www.cmfmedia.org, or use any features of this site, including RSS feeds and discussion boards, you automatically accept these conditions.  Please read them carefully before using this Website.  If you do not agree to these Terms of Use, please do not use this Website.

General Description
The mission of CMF is to produce program content featuring local issues and voices that matter to the people of Central Florida, and to distribute that content via the Internet, including on this website and through downloadable audio podcasts.  We will offer ways for you to contribute, through downloading content and comment of your own.  All of this we call the “Services”.  To provide the Services, we have to set out some ground rules in this document (the “Terms”).  By accessing, using, or contributing to the Services, and as consideration for the Services we provide to you, you agree to abide by the Terms.

CMF may change the Terms from time to time, at CMF’s sole discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes.  Please periodically visit this section of the site to review the current version of the Terms.

Account Registration
To utilize the Services, or certain portions thereof, you may be required to complete a registration process and establish an account with CMF (“CMF Account”). You represent and warrant that all registration information provided by you to CMF is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security
As a registered user of CMF Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and CMF Account(s). You understand and agree that you are fully responsible for all actions and postings made from your CMF Account(s). Any accounts you create are not transferrable. You agree to notify CMF immediately if you become aware of any unauthorized use of your CMF Account(s).

Linking
You understand that CMF has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that CMF endorses or is affiliated with any third-party website. You agree that CMF bears no responsibility or liability for any content accessed from or harm caused by any third-party website.

CMF License to Use Your Content
By posting or contributing content using these Services, you are granting CMF a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.

User-Contributed Content
All content contributed by you should be relevant to the mission of CMF – local voices and issues relating to Central Florida.  Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Visitors may post text, images and videos, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

CMF has the right (though not the obligation) to remove, without notice, any content posted which CMF considers, in the exercise of its absolute and unfettered discretion, to violate these Terms or to be outside the mission of CMF.  CMF may terminate any account, with or without notice, for posting objectionable content.

User Representations and Warranties
If you post any content, you represent and warrant that you have all right, title, and interest in and to such posted content, including but not limited to, any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are; that you have not submitted fictitious, false or inaccurate information about yourself; that all factual information contained in the posted content is true or believed by you to be true after reasonable investigation that reveals it is has a sound basis in fact; and the posted content is your own original work or work you are authorized to submit; and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.  You agree that you will not knowingly and with intent to defraud provide material and misleading information.  You represent and warrant that the content you supply does not violate these Terms.

Indemnities
You acknowledge and agree to indemnify and hold CMF, their board of trustees, officers, employees and agents, harmless, from any and all claims, injuries, expenses or demands made by any third party, including for court costs and attorneys’ fees incurred by CMF, due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.

CMF will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk. Under no circumstances shall CMF or its suppliers or licensors be liable for any direct, special, incidental, indirect, economic or consequential damages (including, but not limited to, loss of data or loss of use damages or lost profits) arising out of or connected with the site (including but not limited to its operation, its contents or the information or materials contained therein, or the use or inability to use any other site linked to the site, or any content contained in any such site, or these terms, or the privacy policy applicable to this site) even if CMF, its suppliers, or licensors have been notified of the possibility of any damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you in such states. The respective liability of CMF, its suppliers and licensors shall be limited to the greatest extent permitted by applicable law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CMF ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CMF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  CMF DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CMF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CMF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF CMF, OR ITS OFFICERS, EMOPLOYEES, AGENTS, OR ASSIGNS, HAVE BEEN NOTIFIED OF THE  POSIBILITY OF SUCH DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  YOU AGREE THAT THE LIABILITY, IF ANY, OF CMF, OR ITS OFFICERS, EMOPLOYEES, AGENTS, OR ASSIGNS, SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

Copyrights and Limited License to Use Content
The contents of CMF Web sites are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the CMF Web sites without the prior written consent of CMF, except as specifically provided below. You may copy and print a limited amount of content for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of CMF content requires prior written permission from CMF. For permission requests, contact CMF at contact@cmfmedia.org.  In return for your agreement to these Terms, CMF grants you a limited license to access and make personal use of content found on this site and to download or print one copy thereof for repeated viewing, reading or listening.  You may also give a limited number (not to exceed fifty) of electronic copies to other individuals, by transmission or delivery of electronic files.  You may not modify such content, or any portion of it, except with express written consent of CMF.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CMF.  You may not use any meta tags or any other “hidden text” utilizing the CMF name or service marks without the express written consent of CMF.  Any unauthorized use terminates the permission or license granted by CMF.

Copyright Complaints
CMF respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to CMF’s President:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

a description of the copyrighted work that you claim has been infringed.

a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

information so that we can contact you, such as address, telephone number and e-mail address.

a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CMF’s President can be reached as follows:
By U.S. Mail:
CMF Public Media
PO Box 620070
Oviedo, Fl., 32762-0070
By email:
contact@CMFmedia.org

Donations Policy
CMF is a 501 (c)(3) tax exempt, not-for-profit corporation, organized under the laws of Florida.  We will actively solicit donations from all eligible donors on our web site and through other means.  We make it possible to make a donation through a secure transaction feature on our web site.  Every precaution is taken to ensure the security of your on-line donation.  We contract with third party vendors who are primarily responsible for maintaining the security of each transaction.  The use of their services is governed by them, and their requirements are available for your review when you make a donation through our site.

We will provide you with an emailed letter of acknowledgement of your donation so that you may document your contribution for tax purposes when you claim a deduction on your tax return.

Links to CMF Web Site
CMF encourages and permits links from other sites to CMF’s web site. However, the linking may not (a) suggest that CMF promotes or endorses any third party’s causes, ideas, web sites, products or services, (b) use CMF content for inappropriate commercial purposes, or (c) portray CMF, or its products or services in a false, misleading, derogatory, or otherwise offensive manner.   We reserve the right to withdraw permission for any link.

Links to Third Party Sites
CMF often provides links to Internet sites maintained by third parties, over which CMF has no control.  CMF does not endorse the content, operators, products or services of such sites, and CMF is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites.  CMF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

RSS Feeds
CMF’s RSS feeds consist of a selection of material and program summaries and links to CMF Web sites which can be delivered to your desktop using a technology called XML (extensible Markup Language) (individually, an “RSS Feed” and collectively, the “RSS Feeds”). The RSS Feeds are protected by U.S. and international copyright laws. All rights in and to the RSS feeds are reserved to CMF. CMF RSS feeds are available for personal, noncommercial use only.  You may display, excerpt from, and link to the RSS Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes, provided that (a) the links redirect the user to the CMF Web sites when the user clicks on them, (b) the use or display does not suggest that CMF promotes or endorses any third party causes, ideas, Web sites, products or services, (c) the fundamental meaning of the content contained in the RSS Feeds is not changed or distorted, and (d) you do not modify the content that is linked to by the RSS Feeds.  If you display an entire RSS Feed Content on your personal web site, weblog or similar application, (a) you may not redistribute the RSS Feed, and (b) you must provide attribution to CMF adjacent to the RSS Feed Content.

Other use of CMF RSS Feeds requires the prior written permission of CMF. For permission requests, please email contact@CMFmedia.org. For use of the program material or other content that are linked to by the RSS Feeds, please see the Copyright section of these Terms of Use. CMF reserves the right to discontinue providing RSS Feeds and to require that you cease accessing or using the RSS Feeds, any content contained in the RSS Feeds, and/or CMF logo at any time for any reason.

CMF Web sites also may contain RSS feeds from content providers. The content contained in these feeds is provided for CMF Web site visitors for their personal, non-commercial use and may not be copied or redistributed without the express permission of those providers.

Use of the Services
If you use the portion of the Services that allow posting of content, or participation in the CMF Discussion Boards or submission of essays, e-mails or other information via CMFMedia.org, you must follow a few simple rules:

You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.

While we do not seek to limit legitimate expression of ideas, any obscene, racist, belligerent or sexually explicit language will not be tolerated on CMF Discussion Boards.  CMF may delete any post that we deem to contain foul language or to be otherwise inappropriate without warning.  CMF always retains the right to terminate your posting privileges.

We do not tolerate communications that may be unlawful or harmful to other CMF users.  We do not tolerate Discussion Board posts that aim to insult anyone or are hateful, harassing or abusive.

You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. This includes newspaper or magazine articles, song lyrics, and graphics. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.  You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain, or that you have obtained proper permission to use the materials of others.

If we determine that removal of a Discussion Board post or other content is necessary, we will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.

The Service can only be used for non-commercial interactive communication purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services, whether for a profit or a non-profit entity or motive.

You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, mass mailings or “spam” or to gather e-mail addresses for the purpose of sending “spam” to other users of the Service.

By posting, uploading or transmitting any material on or through the Service, you hereby grant CMF a non-exclusive, perpetual, royalty-free, worldwide license to use that material in all media, whether now known or that is developed in the future.

CMF is not responsible or liable for any materials posted on the CMF Discussion Boards or posted, uploaded or transmitted on or through the Service.  CMF cannot verify the accuracy of statements that users place on the CMF Discussion Boards or on or through the Service, and does not guarantee that any material has been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules of the CMF Discussion Boards or these Terms of Use.

By using the Service, you agree to abide by these rules. You acknowledge that CMF has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules of the CMF Discussion Boards or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that CMF has the right to limit or terminate access to the CMF Discussion Boards for any reason, including violation of the Rules of the CMF Discussion Boards or Chat Forums or these Terms of Use.

Privacy
Please read our Privacy Notice, which is incorporated herein by reference.

International Users
The Service is controlled and operated within the United States.  CMF makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States.  If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

Other Terms
Modifications
CMF reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms as modified from time to time.

Termination of Service
CMF disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services.  CMF reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

Extent of Terms
The Terms apply to use of and contribution to CMF website and any account provided therefore.  CMF may operate additional projects or services which require separate or additional terms.  Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms
Failure of CMF to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement
These Terms are governed by the laws of the State of Florida, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of Seminole County in the State of Florida in the event of any dispute of any kind arising from or relating to the Site or the Services, or your use or review of them.  The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Questions
If you have any questions about the terms of use, please contact:
CMF
PO Box 620070
Oviedo, FL., 32762-0070
407-366-5929
Email: contact@CMFMedia.org