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    Terms of Use Agreement

    Effective Date: 10/15/12

     

    Thank you for visiting Hispanic.com, provided by The Hispanic Group LLC (“Hispanic Group,” “us,” or “we”).  These Terms of Use (“Terms”) govern your use of Hispanic.com (or the “Website”).  Please review these Terms carefully before using Hispanic.com.

     

    The Hispanic Group is based in the United States and is hosted on servers in the United States.  These Terms applies whether you are accessing the Website via a personal computer, mobile device, or any other means.  These Terms do not apply to other websites or related content, or features provided by any third parties.

     

    By using the Website, you acknowledge that you accept these Terms.  If you do not agree to these Terms, you should immediately stop using the Website.

     

    1.  Changes

    We may occasionally change these Terms, so we encourage you to review the Terms periodically.  If you continue to use Hispanic.com after we change the Terms, you accept all changes.

                                                       

    2.  Privacy Policy; Additional Terms

    Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through Hispanic.com, and you consent to our use of data in compliance with the Privacy Policy.

    3.  Accuracy, Completeness, and Timeliness of Information
    Hispanic Group is not responsible if information made available on the Website is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.  Any reliance on the material on this site is solely at your own risk.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site.  You agree that it is your responsibility to monitor changes to the site.

     

    4.  User Registration and Access Controls

    Some features that may be available on this site require registration.  By registering at and in consideration of your use of the site you represent and warrant that all information provided is true, accurate, current and complete information, and you agree to promptly update the accuracy of such information. 

    Some features on the Website require the use of a password.  You are responsible for protecting your password.  You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password.  If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you must notify Hispanic Group immediately.  Hispanic Group may assume that any communications we receive under your password have been made by you unless Hispanic Group receives notice otherwise. 

    You are responsible for maintaining the confidentiality of any of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account.  If you have reason to believe that someone is using your account without your permission, you should contact us immediately.  We will not be responsible for any loss or damage resulting from your failure to notify us of any unauthorized use.

     

    5.  Intellectual Property; License

    The content, information, data, designs, code, and materials associated with Hispanic.com (“Content”) are protected by intellectual property and other laws.  You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. 

    We reserve all other rights to Hispanic.com and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of Hispanic.com or Content without our permission.  You also may not transfer or sublicense this limited right to use Hispanic.com. 

     

    6.  Legal Complaints

    Hispanic Group respects intellectual property rights.  If you are a copyright owner or an agent thereof and believe that any Content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing contacting as (as set forth below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):

     

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
    • Identification of 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, and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, 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; 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.
    • Written notification of claimed infringement must be submitted to the following Designated Agent:

    Copyright Claims

    The Hispanic Group LLC
    9800 Airport Blvd. Suite 190

    San Antonio, TX 78216

    Facsimile Number: (210) 892-0503

    Email: security@hispanic.com

     

    7.  Acceptable Use

    The Website has been designed to present Content in a unique format and appearance.  Unless we give you permission, you agree not to access the Website using any interface other than ours.  We may deny permission to link to the Website for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

     

    Without limiting any other provision in these Terms, you may not use Hispanic.com to do the following or assist others to do the following:

     

    • Transmit, collect, or access personally identifiable information about other users without the consent of those users and Hispanic Group;
    • Violate any person’s or entity’s legal rights (including, but not limited to, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices, or otherwise impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
    • Threaten, defame, stalk, abuse, or harass other persons, or engage in illegal activities;
    • Frame or display the Website in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Hispanic Group and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
    • Transmit any files that contain viruses, spyware, adware, or other harmful code;
    • Interfere with others using or otherwise disrupt the Website;
    • Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information unless it is for the purposes of operating a public search engine; or
    • Defeat any access controls, access any portion of Hispanic.com that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

    8.  Website Access; Account Deletion

    We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

     

    • Restrict or terminate your access to Hispanic.com;
    • Change or discontinue Hispanic.com;
    • Deactivate your account and delete all related information and files in your account;
    • Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of Hispanic.com, or as otherwise described in the Privacy Policy.

    The Hispanic Group will not be liable to you or any third party for taking any of these actions and will not be limited to the remedies above if you violate these Terms.  If you want to delete your account on Hispanic.com, please use contact instructions posted on Hispanic.com at which you obtained the account.  Sections 5 and 10-15 of these Terms will survive any termination of your access to Hispanic.com, whether we terminate your access or you voluntarily discontinue your use.

     

    9.  Third Party Content

    We often provide third party content or link to third party websites.  We do not endorse or evaluate third party content and websites, and we do not assume responsibility for any actions or omissions of third parties.  You should review third parties’ terms of use and privacy policies before you use their services. 

     

    Hispanic.com allows users to upload or submit Content and may provide you and other users with an opportunity to participate in blogs, web communities and other message, comment and communications features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via (herein collectively referred to as “User Submissions”).  By providing User Submissions to Hispanic.com, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Hispanic Group all copyright, patent, trademark, trade secret, or other proprietary rights in and to such Content for publication on the Hispanic.com pursuant to these Terms of Service.  

     

    You understand, acknowledge and agree that all User Submissions are solely the responsibility of the entity from which such User Submission originated.  This means that you are solely and entirely responsible for the consequences of all User Submission that you submit, upload, post, email, display, transmit or otherwise make available.  User Submissions do not reflect the views of the Hispanic Group, and you understand that by using Hispanic.com, you may be exposed to other User Submissions that could be offensive, indecent or objectionable and, as such, Hispanic Group does not guarantee the accuracy, integrity, quality or content of any User Submissions and under no circumstances shall Hispanic Group be liable in any way for User Submissions, including, without limitation, errors or omissions in any User Submissions, or any loss or damage of any kind incurred as a result of any User Submissions submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available.

     

    We have the right, but not the obligation, to review any User Submissions and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, as determined in Hispanic Group’s sole discretion. 

     

    Note that you retain all of your ownership rights in your User Submission, however by submitting Content to Hispanic.com, you hereby grant Hispanic.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, or display of the Content in connection with the Hispanic.com.  You hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Submission.

     

    10.  Indemnification

    You will defend, indemnify, and hold harmless Hispanic Group, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “Hispanic Group Parties”) with respect to all claims, costs (including, without limitation, attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of Hispanic.com (including, without limitation, use of your account, whether or not authorized by you, and claims arising from User Submissions).  Hispanic Group retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim.  You may not settle any claim covered by this Section 10 without Hispanic Group’s prior written approval. 

     

    11.  Disclaimers; Limitation of Liability

    The Hispanic Group Parties do not warrant that: (1) that Hispanic.com or any content or software contained on Hispanic.com will be uninterrupted or error-free; (2) that any defects will be corrected; (3) that Hispanic.com or the servers hosting them are free of viruses or other potentially harmful code; or (4) that Hispanic.com or all information available through the Hispanic.com will continue to be available.  The Hispanic Group Parties disclaim any express or implied warranties, including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title.  Hispanic.com, including without limitation, all content, software, and functions made available on or access through or sent from Hispanic.com, are provided “as is,” “as available,” and “with all faults.”

     

    The Hispanic Group Parties will not be liable to you or anyone else for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) in connection with Hispanic.com or any User Submissions, even if foreseeable or even if one or more of the Hispanic Group Parties has been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct) unless specified in writing. 

     

    Your access to and use of Hispanic.com is solely at your own risk.  If you are dissatisfied with Hispanic.com or any of the content, your sole and exclusive remedy is to discontinue accessing and using Hispanic.com.  You acknowledge and agree that if you incur any damages that arise out of the Hispanic Group Parties’ acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief.

     

    You acknowledge that you may be waiving rights with respect to claims that unknown or are unsuspected.  Accordingly, you agree to waive the benefit of any law, including to the extent applicable, California Civil Code § 1542, that otherwise might limit your waiver of such claims.  Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.

     

    12.  Advertisements 

    From time to time, you may choose to communicate with, interact with, or obtain third party services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Website or via a hyperlinked website or platform.  All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

     

    13.  Governing Law, Venue, and Jurisdiction

    These Terms and all claims arising from or related to your use of Hispanic.com will be governed by and construed in accordance with the laws of the District of Columbia.  

     

    With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in the District of Columbia.  Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

     

    Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Website or these Terms within one year after such claim or action accrued.  Otherwise, you will waive the claim or action.

     

    14. Arbitration

    We may elect to resolve any controversy or claim arising out of or relating to these Terms or Hispanic.com by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Unless we establish a different location, arbitration hearings will be held in the District of Columbia.  The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

     

    15.  Miscellaneous

    We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our posting them on the Website or delivering them to you via email.  You may update your email address by visiting Hispanic.com where you have provided contact information.  If you do not provide us with accurate information, we will not be responsible for failure to notify you.  Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.  These Terms, including all additional terms, conditions, and policies on Hispanic.com, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.  If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

     

    16.  Questions

    Any questions regarding these Terms should be addressed to:

     

    General Information

    The Hispanic Group LLC
    9800 Airport Blvd. Suite 190

    San Antonio, TX 78216

    Facsimile Number: (210) 276-0247

    Email: comments@hispanic.com

     

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    Uploading your Content to Hispanic.com for free, enables you share your Content with the community and obtain publicity and media coverage. Hispanic.com emails a free weekly digest of published Content on the site, to its database of media companies, press, companies, and individuals interested in Hispanic information.

    Your Content will also receive an individualized Hispanic.com URL which will be available to share with your friends, clients, and companies.

    Uploading a picture with your Content gives you the opportunity to have your Content displayed on the homepage.

    Contact press@hispanic.com with any questions! Gracias!

    General Information

    Interview suggestions, blog posts, announcements, opinions, giveaways, press releases, events, comments etc... Drop a line: comments@hispanic.com

    Advertising: advertising@hispanic.com

    Content Publishing Questions: press@hispanic.com

    Contact Information

    The Hispanic Group 
    San Antonio, Texas 78216
    Telephone: (210) 888-0920 
    Follow us on Twitter @HispanicCom

    Security: security@hispanic.com

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