Montgomery Community Media (MCM) Internet Service Policies
• Terms and Conditions
• Disclaimer Statement
• Privacy Statement
NOTE: POLICIES CONFORM TO MONTGOMERYCOUNTY.gov GUIDELINES
1. User Rights and Responsibilities (Terms and Conditions)
Your access to and use of Montgomery Community Media internet services (collectively the Site) is subject to all applicable laws and the following “Terms and Conditions” which may be updated by us from time to time without notice to you. In consideration of your use of the Site, you accept, without limitation or qualification, the following “Terms and Conditions”. In addition, when using any particular Montgomery Community Media services, you will be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions. Please feel free to browse the Site. You may print or download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Site in whole or part for any purpose, without written permission from Montgomery Community Media or the owner of such content in each instance.
Terms and Conditions
1) Description of Service: Montgomery Community Media currently provides users with access to a rich collection of on-line resources, including, various communications, government records, online information, administrative services, personalized content and branded programming through its network of properties (the “Site”). You understand and agree that the Site is provided “AS IS” and that Montgomery Community Media assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access or utilize free public access available through public libraries or other sources. In addition, you must provide or obtain access to all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Montgomery Community Media maintains this Site for your personal use, information, education, and communication.
2) Your Registration Obligations: In consideration of your use of the Site, you agree to: (a) Provide true, accurate, current and complete information about yourself as prompted by the Site’s various forms (such information being the “Registration Data”) and (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or in-complete, or Montgomery Community Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Montgomery Community Media has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
4) Account Password and Security: You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Montgomery Community Media of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Montgomery Community Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5) Copyright Information: You should assume that everything you see or read on the Site is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions. All other use shall require the written permission of Montgomery Community Media or such third party that may own the materials. Montgomery Community Media neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Montgomery Community Media.
6) Use Of Images: Images of people or places displayed on the Site are either the property of, or used with permission by, Montgomery Community Media. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
7) Trademark Information: The trademarks, logos, and service marks displayed on the Site are registered and common law trademarks of Montgomery Community Media and others (collectively the “Trademarks”). Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademarks without the written permission of Montgomery Community Media or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Montgomery Community Media will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include, without limitation, the seeking of criminal prosecution.
9) Links: Montgomery Community Media has not reviewed the sites linked to the “Site” and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of Montgomery Community Media. The following “linking agreement” must be abided by to link to the site(s) of Montgomery Community Media:
• May link to, but not replicate content
• Must not create a browser or border environment around content
• Must not imply that the Montgomery Community Media is endorsing it or its products
• Must not misrepresent its relationship with the Montgomery Community Media
• Must not present false information about Montgomery Community Media services
• Must not use the Montgomery Community Media logos, marks, brands
• Must not contain content that could be construed as distasteful, offensive or controversial, and should only contain content that is appropriate for all age groups
10) Montgomery Community Media User Conduct: Please understand that all information, data text, software, music, sound, photographs, graphics, video or messages or other content, whether publicly posted or privately transmitted are the sole responsibility of the person from whom the content originated. You, not Montgomery Community Media, are responsible for all content you upload, post, email or otherwise transmit. Montgomery Community Media does not guaranty the accuracy, integrity or quality of such content. Montgomery Community Media is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site and assumes no responsibility or liability which may arise from content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, “junk mail,” “spam”, “chain letters,” “pyramid schemes,” any other form of solicitation, or software viruses. You acknowledge that Montgomery Community Media may not pre-screen content posted or transmitted by others, but that it shall have the right to remove any content that violates the Terms and Conditions or is otherwise objectionable in the sole determination of Montgomery Community Media. Montgomery Community Media will fully cooperate with any law enforcement authorities or court order requesting or directing Montgomery Community Media to disclose the identity of anyone posting any such information or materials. Legal Notice: Communications made through this Site shall in no way be deemed to constitute legal notice to Montgomery Community Media or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against Montgomery Community Media or any of its agencies, officers, employees, agents, or representatives, where notice to Montgomery Community Media is required by any federal, state or local laws, rules, or regulations.
11) Disclaimer: Montgomery Community Media makes no warranties or representations as to the accuracy of content on the site. Montgomery Community Media assumes no liability or responsibility for any errors or omissions in the content or operation of the site.
12) Disclaimer of Warranties: Your use of and browsing in the site area your risk. You understand and agree that Montgomery Community Media assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications, payments or personal settings. Please be aware that Montgomery Community Media may create or has created certain areas of the site that contain adult or mature content. You must be at least 18 years old to access and view these areas.
Montgomery Community Media, any of its affiliates, underwriters, its executives and their directors, officers and employees, and any other party involved in creating, producing, or delivering the site are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Montgomery Community Media also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.
13) International Use Software and Other Materials: International Use Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Montgomery Community Media does not authorize the downloading or exportation of any software or technical data from this Site in violation of United States Export Laws. By downloading or using the software, you represent that you are not located in, under the control of, or a national resident of any of the countries on any of these lists.
14) Modifications to Site: Montgomery Community Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that Montgomery Community Media shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
15) Termination: You agree that Montgomery Community Media, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Montgomery Community Media believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. You agree that any termination of your access to the Site under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Montgomery Community Media may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Montgomery Community Media shall not be liable to you or any third-party for any termination of your access to the Site.
16) General Information: This constitutes the entire agreement between you and Montgomery Community Media regarding use of the Site, superseding any prior agreement between you and Montgomery Community Media. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. Montgomery Community Media may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. The failure of Montgomery Community Media to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such provision. These Terms and Conditions and the relationship between you and Montgomery Community Media shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Montgomery Community Media agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Montgomery County for any disputes or matters arising out of the Site or use of the Site.
17) Notice – Specific to software available on Montgomery Community Media website(s): Any software that is made available to download from this server is the property of Montgomery Montgomery Community Media and/or its suppliers. Use of this software is governed by the terms of the end user license agreement, if any, which accompanies or is included with software. An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms. The software is made available for downloading solely for use by end users according to the license agreement. Any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Montgomery Community Media hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
2. Montgomery Community Media (Disclaimer Statement)
Montgomery Community Media Disclaimer Statement
Disclaimer: MONTGOMERY COMMUNITY MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF CONTENT ON THE SITE. MONTGOMERY COMMUNITY MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OPERATION OF THE SITE.
Disclaimer of Warranties: YOUR USE OF AND BROWSING IN THE SITE ARE AT YOUR RISK. YOU UNDERSTAND AND AGREE THAT MONTGOMERY COMMUNITY MEDIA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS, PAYMENTS OR PERSONAL SETTINGS. PLEASE BE AWARE THAT MONTGOMERY COMMUNITY MEDIA MAY CREATE OR HAS CREATED CERTAIN AREAS OF THE SITE THAT CONTAIN ADULT OR MATURE CONTENT. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND VIEW THESE AREAS. MONTGOMERY COMMUNITY MEDIA, ANY OF ITS AFFILIATES, ADVERTISERS, ITS EXECUTIVES AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MONTGOMERY COMMUNITY MEDIA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
• To provide guidance to site users regarding how to develop, secure and maintain the site and…
• To assure you that your information will be kept private and secure.
It is our statement concerning how your information will be protected. If you have questions or doubts concerning the privacy of your information, you should consult this document. If, after consulting this document you still have questions or doubts, you should contact us.
Montgomery Community Media adheres to and follows the practices and procedures described below for the purpose of assuring the privacy of visitors to the site. Montgomery Community Media reserves the right to change these practices and procedures at any time without prior notice. The following is not intended and should not be interpreted as a contract of any nature, either stated or implied.
Fostering and maintaining the public’s trust is a cornerstone of the site. We appreciate the trust and confidence that you place in us by providing requested personal information
• What personally identifiable information of yours is collected
• How your information is used
• With whom your information may be shared
• What choices are available to you regarding collection, use, and distribution of your information
• What kind of security procedures are in place to protect you
• How you can correct any inaccuracies in your information
• Procedures for limiting employee access to information and
• How to contact the Montgomery Community Media
What Information is /are collecting your information:
We endeavor to collect only the minimum amount of information needed. Though personal information may be required either by law or in order for us to provide a requested service, in doing so we try to minimize the scope of our information requests. Examples of personally identifiable information that we request can include your name, your address, your telephone number and e-mail address. The type of information we collect depends upon the application used and the products or services being requested. For each visitor, we also collect information about the Internet Protocol (IP) address, type of browser used, the date and time of the visit, and the IP addresses of the locations to which the visitor linked during his or her visit to our web site. This information is strictly used for statistical reporting purposes.
How your information is used:
We collect, retain and use personal information only where we believe it is essential (and allowed by law) to perform our mission of providing products, services, information and other opportunities requested by our web portal visitors. Customer information collected, used, and retained at the site is considered confidential and will not be shared for marketing or other unauthorized purposes.
With whom your information may be shared: (Restrictions on the disclosure of customer information)
Montgomery Community Media does not sell, rent, or otherwise allow access to visitors/subscribers’ information to/by any outside company or organization. We do not reveal specific information about subscribers or other personally identifiable data to unaffiliated third parties for their independent use, except if required to do so by law.
What choices are available to you regarding collection, use, and distribution of your information:
Montgomery Community Media site makes some use of web forms to collect information. As indicated above, you have the choice not to complete web forms. However, by electing not to complete web forms, you will be unable to receive the web services that you otherwise could/would have received.
The main method used to control access is the assignment of user names/identification numbers and the creation of passwords. Each potential program customer is given the option to obtain or create a user name/identification number and password. The username and password are needed to authenticate to and use site application. The user name and password serve to prove your identity to Montgomery Community Media thereby enabling you to use the application in order to obtain the products and/or services the application provides. You have the option of obtaining a user name/identification number and password or not. Not obtaining the required authentication capability is the same as not completing a web form – you prevent the collection of your information. However, you also forfeit the use of the application and the products or services it otherwise could/would deliver.
Users electing to use the forms or applications are responsible to ensure all of their information is correct and that their user name/identification number and password are protected from unauthorized use.
What kind of security procedures are in place to protect you: (Protection of information via established security procedures)
We are dedicated to the proposition that you have a right to privacy and data security on the web. Montgomery Community Media sets and meets high security standards and follows rigorous procedures to prevent unauthorized access to or disclosure of customer information and to prevent unauthorized removal or alteration of data. We are committed to handling the information you provide responsibly.
How you can correct any inaccuracies in your information: (Maintenance of accurate information)
Montgomery Community Media has established procedures to ensure that information is as accurate and current as is practical to enable us to conduct business with you. Although we strive to do things right the first time, we also respond to requests to correct inaccurate information in a timely manner. The user must contact Montgomery Community Media immediately if they believe their information, including user names/identification numbers and passwords, has been corrupted, misused, or is incorrect.
Procedures for limiting employee access to information:
Our network manager is instructed to limit employee access to personally identifiable information to only those employees who need access in order to perform their assigned duties. The network manager is instructed to enforce with his/her staff their responsibilities in protecting subscriber’s information.
How to contact MCM: