As set forth below, we strictly prohibit the use of the LatinoLA Website to post material that is offensive, infringes the intellectual-property rights of others, promotes unsolicited or unauthorized advertising, or promotes deceiving, criminal or harmful activities. Please help us enforce this policy. To report a violation, immediately contact us.

1. YOUR ACCEPTANCE OF THIS AGREEMENT

A. This website under the LatinoLA.com domain name (the “LatinoLA Website” or “Website”) is owned by LatinoCities Inc. (“LatinoCities”, “we” or “us”).

B. We hereby grant you permission to access and use the LatinoLA Website subject to these Terms of Service, the Privacy Policy found at http://LatinoLA.com/privacy.php and incorporated here by reference, the Community Guidelines found at http://LatinoLA.com/guidelines.php and incorporated here by reference, and all applicable local, national, and international laws and regulations (collectively, the “Agreement”). At our sole discretion, we may modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions. We may attempt to notify you when we make important changes to this Agreement, but you should periodically review the most recent version here. By using and/or visiting the Website you agree to every term of this Agreement, including modifications or revisions; otherwise, please do not use the Website.

C. You affirm that you are more than 18 years of age, are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the LatinoLA Website is not intended for children under 13. If you are under 13 years of age, please do not use the Website.

D. Nothing in this Agreement confers third-party rights or benefits.

2. WEBSITE CONTENT

A. “Website Content” collectively refers to everything contained in, available from or underlying the LatinoLA Website, including but not limited to information, data, databases and their contents, documents, text (including but not limited to the names of files, databases, directories, groups, workgroups and channels of the same), commentaries, opinions, messages and other inter-personal communications, software in either object-code or source-code form, functions, interactive features, scripts, video players, audio players, other multimedia players, music, sounds, photographs, logos, trademarks, service marks, graphics and videos.

B. “User Submissions” is Website Content which was uploaded or caused to be uploaded by any visitor to the Website. “Submitters” are contributors of User Submissions. “Your Submissions” are your User Submissions; that is, you are the Submitter. A Website Channel is a set of items of Website Content that is either assembled and maintained by us or by Submitters. Your Channel is a Website Channel assembled and maintained by you. Your Content consists of Your Submissions and Your Channels.

C. The Website Content contains hyperlinks to “Third-Party Websites” that we do not control or censor. We assume no responsibility for the content, terms of use or service, privacy policies, or practices of Third-Party Websites. It is your responsibility to find, read and understand the terms of use or service, privacy policies and other policies of Third-Party Websites.

D. The Website Content is either owned by or licensed to us subject to copyright and other intellectual property rights under the law.

E. We reserve the right at our sole discretion to discontinue any aspect of the Website Content at any time and without prior notice.

3. GENERAL USE OF THE WEBSITE

A. You may access the Website and Website Content solely for your information and personal use.

B. We provide the Website and the Website Content AS IS. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions. You may be exposed to User Submissions that you will find inaccurate, offensive, indecent, or objectionable.

C. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, rent, license, create derivative works or otherwise exploit the LatinoLA Website or Website Content for any purposes whatsoever without our prior written consent except for the purposes explicitly set forth in this Agreement. We reserve all rights not expressly granted in and to the Website and the Website Content.

D. You shall not use the Website for any commercial use without our prior written authorization. Prohibited commercial uses include any of the following actions taken without our express approval:

• Sale of access to the Website or Website Content.
• Use of the Website for the primary purpose of gaining advertising or subscription revenue.
• Sale of advertising on the Website or any third-party website targeted to the content of specific User Submissions.
• Use of the Website that we find, in our sole discretion, to use our resources or User Submissions with the effect of competing with us or displacing our market.

E. Prohibited commercial uses do not include:

• Using Your Content for the purpose of promoting your business or artistic enterprise.
• Using Your Submissions on ad-enabled blogs or websites provided that the primary purpose is not to compete with us.
• Uses that we expressly authorize in writing.

F. Without limitation, you shall not use any of the Website's e-mail-based services, such as ‘Invite Others to This Site’ or 'Email This', to send e-mail communications unless you reasonably believe that the recipients will accept the communications from you.

G. You shall not use the LatinoLA Website to participate in any communication or use of material of any kind when the transmission, receipt or possession of such communication or material would constitute or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.

H. If you use Your Submission on your website or blog, you must include a hyperlink back to the pages on the LatinoLA Website that contain Your Submission.

I. You shall not modify any item of Website Content except for modifying Your Content as allowed in this Agreement.

J. You shall not access Website Content through any technology or means other than the pages and functions of the Website itself or other explicitly authorized means we may designate. You shall only stream video content; where streaming video is the contemporaneous digital transmission of video over the Internet from the LatinoLA Website to your browser in such a manner that the video is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed. We expressly prohibit accessing videos for any purpose or in any manner other than streaming.

K. You shall not circumvent, disable or otherwise interfere with security-related features of the LatinoLA Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website or Website Content.

L. You shall not use or launch automated systems, including without limitation "robots," "spiders," or "offline readers", that access the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to Website Content for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the Website Content, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

M. You shall not collect or harvest from the Website any personally identifiable information, including account names, nor use for commercial-solicitation purposes the communication systems provided by the Website such as comments and  email.

N. You shall not solicit for commercial purposes any users of the Website with respect to their User Submissions.

O. You will have to create an “Account” to access some features of the Website. You may never use someone else’s Account without their explicit permission. When creating your Account, you shall provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account login information and password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. We may refuse, suspend or terminate your Account without prior notice at our sole discretion for reasons that may include egregious or repeated violations of this Agreement.

P. The LatinoLA Website is controlled and offered from our facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

4. USER SUBMISSIONS

A. You shall be solely responsible for Your Content and the consequences of posting or publishing them. We will not compensate you for Your Content financially, in kind or in any other form.

B. You shall not submit material that is copyrighted, trademarked, patented, protected as a trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owners to submit the material and to grant us all of the license rights set forth herein. That is, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content to enable our inclusion and use in the manner contemplated by this Agreement. The sole exception to the limitations set forth in this paragraph 4.B regarding the use of copyrighted material is the use of copyrighted material allowed by the "fair use" doctrine.

C. You retain the ownership rights in Your Content, and you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the LatinoLA Website and LatinoCities' (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the LatinoLA Website and derivative works thereof in any media formats and through any media channels. You also hereby grant each user of the LatinoLA Website a non-exclusive license to access Your Content through the Website, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Website and under this Agreement. The above licenses granted by you in Your Content terminate within a commercially reasonable time after you request the removal of Your Content from the LatinoLA Website. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed. The above licenses granted by you in Your Content are perpetual and irrevocable.

D. Your Content shall not:

• Be unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, purposefully deceiving, harmful to minors in any way, hateful, or racially, ethnically or otherwise objectionable, or excessively long.
• Impersonate other persons or entities, including, but not limited to, our representatives, or misrepresent affiliation with any person or entity.
• Forge headers or otherwise manipulate identifiers to disguise their origin.
• Be unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation, except in those areas of the LatinoLA Website that may be designated for such purpose.
• Contain software viruses or any other computer code, files or programs designed to interrupt, destroy, obtain unauthorized control, or limit the functionality of any computer software, hardware or telecommunications equipment.
• Interfere with or disrupt servers or networks used by the LatinoLA Website.
• Violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data.
• Violate your contractual relationships such those barring you from disseminating inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
• Incite or provide instructional information about illegal activities.
• Conduct raffles, contests, lotteries or sweepstakes, except in those areas of the LatinoLA Website that may be designated for such purpose.
  

E We will screen Your Content and reserve the right but not the obligation to refuse acceptance of Your Content or remove it from the Website at our sole discretion, for any reason we deem appropriate and without prior notice.

F. You allow us to automatically and periodically download plug-ins and their updates to your browser for the purposes of facilitating your uploading of Your Content onto the Website.

5. DIGITAL MILLENNIUM COPYRIGHT ACT

A. If you are a copyright owner or an agent thereof and believe that a User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see the applicable sections of the law for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an copyright that is allegedly infringed;
  
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the LatinoLA Website;
  
• Information reasonably sufficient to permit us to locate the material that is claimed 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;
  
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic 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; and
  
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent to receive notifications of claimed infringement is: Richard Koffler, CEO, LatinoCities Inc.15332 Antioch Street, #438, Pacific Palisades, CA 90272, fax 310-496-2972. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be through http://latinola.com.com/contact.php. If you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that Your Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your Content, you may send to the Copyright Agent a counter-notice containing the following information:

• Your physical or electronic signature;
  
• Identification of the content that was removed or to which access was disabled and the location at which the content appeared before it was removed or disabled;
  
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  

If our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against you, at our sole discretion we may replace or restore access to the removed content within a reasonable time following our receipt of your counter-notice.

6. WARRANTY DISCLAIMER

A. YOUR USE OF THE LATINOLA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW.

B. LATINOCITIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LATINOLA WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE LATINOLA WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE LATINOLA WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE LATINOLA WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LATINOLA WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LATINOLA WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE LATINOLA WEBSITE.

C. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR CONTENT, PRODUCTS OR SERVICES SUBMITTED TO, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LATINOLA WEBSITE OR THIRD-PARTY WEBSITES HYPERLINKED OR FEATURED IN BANNERS OR OTHER ADVERTISING ON THE LATINOLA WEBSITE. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF PRODUCTS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU MUST USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. LIMITATION OF LIABILITY

A. IN NO EVENT SHALL LATINOCITIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE LATINOLA WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LATINOLA WEBSITE, INCLUDING YOUR ACCOUNT, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, INCLUDING YOUR ACCOUNT, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LATINOLA WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE LATINOLA WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE LATINOLA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

B. WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

C. Our liability for damages, regardless of the form of action, shall not exceed the total amount paid by you to us for products or services your purchased from us.

8. INDEMNITY

A. You agree to defend, indemnify and hold harmless us, our parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the LatinoLA Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, trademark, patent, property or privacy right; or (iv) any claim that one of Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the LatinoLA Website.

9. GENERAL

A. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

B. The LatinoLA Website shall be deemed solely based in California; and the LatinoLA Website shall be deemed a passive website that does not give rise to personal jurisdiction over LatinoCities, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict-of-laws principles. Any claim or dispute between you and us that arises in whole or in part from the LatinoLA Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California.

C. This Agreement constitutes the entire agreement between you and us concerning the LatinoLA Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

D. We reserve the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the LatinoLA Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

E. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE LATINOLA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

LatinoCities, Inc.
Last updated July 13, 2008