| Terms of Use and Privacy Policy |
|
MYLATINOVOICE.COM
WIKILATINO.COM
- MI APOGEO INC. -
MyLatinoVoice and WikiLatino.com Terms of Use Agreement
Last update: August 18, 2009 Mi Apogeo Inc. is the owner and parent company of MyLatinoVoice.com and WikiLatino.com. MyLatinoVoice.com is a multiplatform services website: a social networking service, online content/magazine and wiki services provider. MyLatinoVoice.com allows Members to create unique personal profiles online in order to find and communicate with old and new friends and to post and edit content to both MyLatinoVoice.com and WikiLatino.com, the site’s wiki community. The services offered by MyLatinoVoice, WikiLatino.com and Mi Apogeo, Inc. ("MyLatinoVoice.com, WikiLatino.com and Mi Apogeo Inc." or "we") include the MyLatinoVoice.com website (the "My Latino Voice Website"), the My Latino Voice user Profiles service and the WikiLatino service (the “Community” Areas) and any other features, content, or applications offered from time to time by MyLatinoVoice.com and WikiLatino.com Websites in connection with the MyLatinoVoice.com and WikiLatino Websites (collectively, the "MiApogeo Services"). The MiApogeo Services are hosted in the U.S.. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MiApogeo Services. By using the MiApogeo Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyLatinoVoice and/or WikiLatino Websites) or you are a "Member" (which means that you have registered with MyLatinoVoice.com and/or WikiLatino.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the MiApogeo Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyLatinoVoice and/or WikiLatino Websites and discontinue use of the MiApogeo Services immediately. If you wish to become a Member, communicate with other Members and make use of the MiApogeo Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes MyLatinoVoice.com’ s and WikiLatino.com’s policy for acceptable use of the MiApogeo Services and Content (as hereinafter defined) posted on the MyLatinoVoice and/or WikiLatino Websites, your rights, obligations and restrictions regarding your use of the MiApogeo Services and MyLatinoVoice.com’ s and WikiLatino.com’s Privacy Policy. In order to participate in certain MiApogeo Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MiApogeo Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Subject: Terms of Use Agreement. MyLatinoVoice.com and/or WikiLatino.com may modify this Agreement from time to time and such modification shall be effective upon posting by MyLatinoVoice.com and/or WikiLatino.com on the MyLatinoVoice.com and/or WikiLatino.com websites. You agree to be bound to any changes to this Agreement when you use the MiApogeo Services, and any changes to this Agreement shall govern after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. MyLatinoVoice.com and/or WikiLatino.com shall have the right at any time to change or discontinue any aspect or feature of the MyLatinoVoice.com and/or WikiLatino.com Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Please choose carefully the information you post on MyLatinoVoice.com and/or WikiLatino.com and that you provide to other Users. Your MyLatinoVoice.com and/or WikiLatino.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MyLatinoVoice.com and/or WikiLatino.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyLatinoVoice.com and/or WikiLatino.com assume no responsibility or liability for this material. If you become aware of misuse of the MiApogeo Services by any person, please contact MyLatinoVoice.com and/or WikiLatino.com at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or click on the "Report Inappropriate Content" link at the bottom of any MyLatinoVoice.com page. MyLatinoVoice.com and/or WikiLatino.com reserve the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MiApogeo Services at any time, for any or no reason, with or without prior notice, and without liability. My Latino Voice and/or WikiLatino expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to any part of MiApogeo Services if My Latino voice and/or WikiLatino determine, in their sole discretion, that you pose a threat to My Latino Voice and/or WikiLatino and/or its Users. Eligibility. Use of and Membership in the MiApogeo Services is void where prohibited. By using the MiApogeo Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the MiApogeo Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. Term. This Agreement shall remain in full force and effect while you use the MiApogeo Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MyLatinoVoice.com and/or WikiLatino.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including the section “Original Work Developed for MyLatinoVoice.com and/or WikiLatino.com”. Fees. You acknowledge that for MyLatinoVoice.com and/or WikiLatino.com reserve the right to charge for the MiApogeo Services and to change its fees from time to time in its discretion. If for MyLatinoVoice.com and/or WikiLatino.com terminate your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify for MyLatinoVoice.com and/or WikiLatino.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Non-commercial Use by Members. The MiApogeo Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by for MyLatinoVoice.com and/or WikiLatino.com. Illegal and/or unauthorized use of the MiApogeo Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the for MyLatinoVoice.com and/or WikiLatino.com Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MiApogeo Services. Proprietary Rights in Content on MyLatinoVoice.com and/or WikiLatino.com. Online Community Postings: Profiles and WikiLatino (the “Community” areas). MyLatinoVoice.com and/or WikiLatino.com do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Community Areas. After posting your Content to the MiApogeo Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MiApogeo Services, you hereby grant to MyLatinoVoice.com and/or WikiLatino.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MiApogeo Services. Without this license, MyLatinoVoice.com and/or WikiLatino.com would be unable to provide the MiApogeo Services. For example, without the right to modify Member Content, MyLatinoVoice.com and/or WikiLatino.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MyLatinoVoice.com and/or WikiLatino.com could not allow Users to listen to music posted by Members. The license you grant to MyLatinoVoice.com and/or WikiLatino.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MyLatinoVoice.com and/or WikiLatino.com), fully-paid and royalty-free (meaning that MyLatinoVoice.com and/or WikiLatino.com is not required to pay you for the use on the MiApogeo Services of the Content that you post), sublicensable (so that MyLatinoVoice.com and/or WikiLatino.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MiApogeo Services), and worldwide (because the Internet and the MiApogeo Services are global in reach). This license will terminate at the time you remove your Content from the MiApogeo Services. The license does not grant MyLatinoVoice.com and/or WikiLatino.com the right to sell your Content, nor does the license grant MyLatinoVoice.com and/or WikiLatino.com the right to distribute your Content outside of the MiApogeo Services. You represent and warrant that: (i) you own the Content posted by you on or through the MiApogeo Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MiApogeo Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MiApogeo Services. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Mi Apogeo, Inc.’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with Mi Apogeo, Inc.'s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Mi Apogeo, Inc.. WikiLatino and Wiki Content. If you contribute to the WikiLatino.com and projects, you are publishing every word you post publicly. If you write something, assume that it will be retained forever. This includes articles, user pages and talk pages, with some exceptions. When you edit any page in the wiki, you are publishing a document. This is a public act, and you are identified publicly with that edit as its author. When you publish a page in the Wiki, you may do so only when you are logged in. Once logged in, you will be identified by your user name. This may be your real name if you so choose, or you may choose to publish under a pseudonym, whatever user name you selected when you created your MyLatinoVoice.com and/or WikiLatino.com account. When using a pseudonym, your IP address will not be available to the public except in cases of abuse, including vandalism of a wiki page by you or by another user with the same IP address. In all cases, your IP address will be stored on our servers and can be seen by MyLatinoVoice.com and/or WikiLatino.com server administrators. Your IP address, and its connection to any usernames that share it may be released under certain circumstances per the Terms and Conditions listed in this document. The MiApogeo Services contain Content of My Latino Voice ("MyLatinoVoice.com Content"). MyLatinoVoice.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyLatinoVoice.com owns and retains all rights in the MyLatinoVoice.com Content and the MiApogeo Services. MyLatinoVoice.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MyLatinoVoice.com Content (excluding any software code) solely for your personal use in connection with viewing the MyLatinoVoice.com Website and using the MiApogeo Services. The MiApogeo Services contain Content of Users and other MyLatinoVoice.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MiApogeo Services. The MyLatinoVoice.com Site and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the MyLatinoVoice.com Site are copyrighted as a collective work under the United States copyright laws. Mi Apogeo Inc. is the owner of the copyright in the entire MyLatinoVoice.com Site. Mi Apogeo Inc. and MyLatinoVoice.com own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the MyLatinoVoice.com Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the MyLatinoVoice.com Site without the express permission of MyLatinoVoice.com and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the MyLatinoVoice.com Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. MyLatinoVoice.com and WikiLatino.com may delete any Content that in the sole judgment of MyLatinoVoice.com and WikiLatino.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyLatinoVoice.com and WikiLatino.com assume no responsibility for monitoring the MiApogeo Services for inappropriate Content or conduct. If at any time MyLatinoVoice.com and WikiLatino.com choose, in its sole discretion, to monitor the MiApogeo Services, MyLatinoVoice.com and WikiLatino.com nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the MiApogeo Services, and any material or information that you transmit to other Members and for your interactions with other Users. MyLatinoVoice.com and WikiLatino.com do not endorse and have no control over the Content. Content is not necessarily reviewed by MyLatinoVoice.com and WikiLatino.com prior to posting and does not necessarily reflect the opinions or policies of MyLatinoVoice.com and WikiLatino.com. MyLatinoVoice.com and WikiLatino.com make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Submission of Content: Content submitted to MyLatinoVoice.com as part of the “Featured Voice” program. Users can choose to submit content to MyLatinoVoice.com to be “featured” on the main site. Content selected is then published by MyLatinoVoice.com in the MyLatinoVoice.com Site and the user becomes a “Featured Voice” (a site contributor.) MyLatinoVoice.com retains sole discretion on selection of content and publishing thereof. USERS MUST BE REGISTERED AND HAVE A COMPLETE PROFILE WITH MYLATINOVOICE.COM TO PARTCIPATE IN THIS PROGRAM. Submission of Ideas. MyLatinoVoice.com and WikiLatino.com are always improving their Products and Services and developing new features. If you have ideas regarding improvements or additions to MyLatinoVoice.com and WikiLatino.com, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MI APOGEO, INC. BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO MI APOGEO, INC., YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO MI APOGEO, INC. THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT MI APOGEO, INC. IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MI APOGEO, INC., WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MiApogeo Services. MyLatinoVoice.com and WikiLatino.com reserve the right to investigate and take appropriate legal action against anyone who, in MyLatinoVoice.com’s and WikiLatino.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the MiApogeo Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyLatinoVoice.com and WikiLatino.com: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the MyLatinoVoice.com and WikiLatino.com Websites and through your use of the MiApogeo Services. MyLatinoVoice.com and WikiLatino.com reserve the right to investigate and take appropriate legal action against anyone who, in MyLatinoVoice.com’s and WikiLatino.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the MiApogeo Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MiApogeo Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyLatinoVoice.com and WikiLatino.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyLatinoVoice.com and WikiLatino.com deem appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MiApogeo Services, you acknowledge that you will have caused substantial harm to MyLatinoVoice.com and WikiLatino.com but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MyLatinoVoice.com and WikiLatino.com $50 for each such unsolicited email or other unsolicited communication you send through the MiApogeo Services; covering or obscuring the banner advertisements on your personal profile page, or any MyLatinoVoice.com and WikiLatino.com page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the MiApogeo Services or the networks or services connected to the MiApogeo Services; attempting to impersonate another Member or person; for band profiles, copying the code for your MyLatinoVoice.com and WikiLatino.com Player and embedding it into other profiles or asking other Members to embed it into their profiles; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the MiApogeo Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MiApogeo Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or using the MiApogeo Services in a manner inconsistent with any and all applicable laws and regulations. Advertisers and Content linked to MyLatinoVoice.com and WikiLatino.com MyLatinoVoice.com , WikiLatino.com and Mi Apogeo Inc. may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave MyLatinoVoice.com and WikiLatino.com to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. MyLatinoVoice.com, WikiLatino.com and Mi Apogeo Inc. have no control over such sites and resources. You acknowledge and agree that . MyLatinoVoice.com ,WikiLatino.com and Mi Apogeo Inc. are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that. MyLatinoVoice.com, WikiLatino.com and Mi Apogeo Inc. 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, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MiApogeo Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that, MyLatinoVoice.com , WikiLatino.com and Mi Apogeo Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MyLatinoVoice.com and WikiLatino.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MyLatinoVoice.com and WikiLatino.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the MiApogeo Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MiApogeo Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. MyLatinoVoice.com’s and WikiLatino.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, MiApogeo, Inc., 1590 Anderson Avenue, Suite 14J, Fort Lee, NJ 07024-9991, Attn: Copyright Agent; and email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Member Disputes. You are solely responsible for your interactions with other MyLatinoVoice.com and WikiLatino.com Members. MyLatinoVoice.com and WikiLatino.com reserve the right, but have no obligation, to monitor disputes between you and other Members. Privacy. Use of the MiApogeo Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. MyLatinoVoice.com and WikiLatino.com are not responsible for any incorrect or inaccurate Content posted on MyLatinoVoice.com and WikiLatino.com Websites or in connection with the MiApogeo Services, whether caused by Users of the MiApogeo Services or by any of the equipment or programming associated with or utilized in the MiApogeo Services. Profiles created and posted by Members on the MyLatinoVoice.com and WikiLatino.com Websites may contain links to other websites. MyLatinoVoice.com and WikiLatino.com are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MyLatinoVoice.com and WikiLatino.com. Inclusion of any linked website on the MiApogeo Services does not imply approval or endorsement of the linked website by MyLatinoVoice.com and WikiLatino.com. When you access these third-party sites, you do so at your own risk. MyLatinoVoice.com and WikiLatino.com take no responsibility for third party advertisements which are posted on this MyLatinoVoice.com and WikiLatino.com Websites or through the MiApogeo Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyLatinoVoice.com and WikiLatino.com are not responsible for the conduct, whether online or offline, of any User of the MiApogeo Services. MyLatinoVoice.com and WikiLatino.com assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. MyLatinoVoice.com and WikiLatino.com are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MiApogeo Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MiApogeo Services. Under no circumstances shall MyLatinoVoice.com and WikiLatino.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MiApogeo Services, attendance at a MyLatinoVoice.com and WikiLatino.com event, from any Content posted on or through the MiApogeo Services, or from the conduct of any Users of the MiApogeo Services, whether online or offline. The MiApogeo Services AND ALL CONTENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE CONTENTS OF THE WEB SITE WILL BE ACCURATE, UP-TO-DATE OR OTHERWISE RELIABLE. MyLatinoVoice.com and WikiLatino.com cannot guarantee and does not promise any specific results from use of the MiApogeo Services. Limitation on Liability. IN NO EVENT SHALL MYLATINOVOICE.COM AND WIKILATINO.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYLATINOVOICE.COM AND WIKILATINO.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYLATINOVOICE.COM’S AND WIKILATINO.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYLATINOVOICE.COM AND WIKILATINO.COM FOR THE MIAPOGEO SERVICES DURING THE TERM OF MEMBERSHIP. U.S. Export Controls. Software available in connection with the MiApogeo Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the MiApogeo Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Disputes. If there is any dispute about or involving the MiApogeo Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either MyLatinoVoice.com and WikiLatino.com or you may demand that any dispute between MyLatinoVoice.com and WikiLatino.com and you about or involving the MiApogeo Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, NY, USA, provided that the foregoing shall not prevent MyLatinoVoice.com and WikiLatino.com from seeking injunctive relief in a court of competent jurisdiction. Indemnity. You agree to indemnify and hold MyLatinoVoice.com, WikiLatino.com, and Mi Apogeo, Inc,, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MiApogeo Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MyLatinoVoice.com and WikiLatino.com Websites or through the MiApogeo Services causes MyLatinoVoice.com and WikiLatino.com to be liable to another. Other. This Agreement is accepted upon your use of the MyLatinoVoice.com and WikiLatino.com Websites or any of the MiApogeo Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MyLatinoVoice.com and WikiLatino.com regarding the use of the MiApogeo Services. The failure of MyLatinoVoice.com and WikiLatino.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. MyLatinoVoice.com and WikiLatino.com are trademarks of MiApogeo, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
| Last Updated on Tuesday, 18 August 2009 13:10 |
