terms of use

terms of use

Welcome to www.prospringfieldmedia.org (the "Website"). Pro Springfield Media, Inc. ("Pro Springfield Media", "we", "us" or "our") provides the content available on Speaking of Springfield (the “Website”) to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you agree to be bound by these Terms and Conditions.   

1. Privacy
We respect your privacy. For more information concerning what information we collect and what we do with such information, please see our Privacy Policy (which Terms and Conditions are incorporated herein by reference). Like other websites, we may obtain and release any information if we believe, correctly or not, that such release is necessary to comply with law, to enforce these Terms and Conditions, or to safeguard our property or rights. Please note that our policy is to not knowingly collect or use information from children, meaning those under thirteen years of age. External websites have their own policies regarding privacy, and you access such external websites at your sole risk.

2. Accuracy of Information
We attempt to be as accurate as possible when providing content on the Website; however we do not warrant that the content available on the Website is accurate, complete, reliable, current, or error-free.

3. Intellectual Property
The Website is owned by Pro Springfield Media.

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, software and other information and materials, and the compilation thereof, appearing on the Website (collectively, the "Content") are either owned by us, our affiliates, our partners or our licensors (“third parties”). We and any such third parties retain all proprietary rights in the Content, and the Content is protected by U.S. and international copyright laws. You may view, download and print the Content for your personal, non-commercial, home use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by Pro Springfield Media under these Terms and Conditions.

In no event may you sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Linking, deep linking, framing, and the use or posting of the Content on any other website or in a network computer environment for any purpose are expressly prohibited, absent the prior written consent of Pro Springfield Media. Trademarks, service marks, and logos (the “Marks”) used and displayed on the Website, are registered or unregistered Marks, and nothing on the Website shall be construed as granting any license or right to use any Marks. The Marks may only be used with our prior written permission. Other product and company names mentioned herein may be trademarks of their respective owners.  All Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

4. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this Section 4 does not include the right to:
i.    Modify or download the Website or its contents (except caching or as necessary to view content); 
ii.    Make any use of the Website or its Content other than personal use;
iii.    Create any derivative work based upon either the Website or its Content;
iv.    Use any meta tags or any other "hidden text" utilizing our name without our express written consent; or
v.    Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website
i.    May link to, but not replicate, our Content;
ii.    May not imply that we are endorsing such website or its services or products;
iii.    May not misrepresent its relationship with us;
iv.    May not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
v.    May not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Website terminates the limited license set forth in this Section 4 without prejudice to any other remedy provided by applicable law.

5. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

6. Submissions
We welcome inquiries or feedback on the Website content. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential.  Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, 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 us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

7. Representations and Warranties; Limitation of Liability
You agree that your access to, and use of, the Service and the content available on the Website is on an “as-is”, “as available” basis. The Website includes facts, views, opinions and recommendations, and the Website does not necessarily endorse these views, opinions and recommendations. The Website specifically disclaims any representations or warranties, express or implied, as to the Website and the content contained therein, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, non-infringement, merchantability or fitness for a particular purpose.  The Website will not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Website and its content. In no event will the Website be liable to you or anyone else for any decision made or action taken by you in reliance on any content appearing on the Website.  To the maximum extent permitted by law, the Website shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.

8.  Indemnification
You agree to defend, indemnify, and hold us harmless from and against any loss, damages, claims, actions, demands or costs, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms and Conditions and your access, use or misuse of the Content or Website.
You also agree to indemnify us for any loss, damages, or costs, including reasonable legal and accounting fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

9. Disputes
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Massachusetts, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Massachusetts. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the courts in Massachusetts, or in any other appropriate jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.

10. General
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

These Terms and Conditions are subject to change without notice, and we reserve the right, in our sole discretion, to change/modify these Terms and Conditions at any time by posting such changes on the Website.  Any changes are effective immediately upon posting to the Website.  You agree to review these Terms and Conditions from time to time and comply with any changes.  Any access by you of the Website after our posting of any such changes shall constitute your acceptance of these Terms and Conditions as modified.  We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please contact us by e-mail at info@prospringfieldmedia.org.