TERMS OF USE
(last revised and modified on October 14, 2009)
1. Acceptance of Terms of Use. By accessing our Site (as defined below), you expressly accept and agree to be legally bound by and comply with all of the terms and conditions set forth herein, as well as the following legal notices (which are incorporated herein by this reference):
To view these legal notices, please click on the title of each notice.
The terms and conditions set forth herein, and the provisions of the above-referenced legal notices, are referred to hereinafter collectively as the "Terms of Use."
If you do not agree to the Terms of Use, please do not access or use any Service or Content of our Site. We reserve the right, in our sole discretion, to update or revise the Terms of Use at any time. If we make changes to the Terms of Use, we will inform you by posting a notice on our Site. If you are a Member (as defined below), we may also notify you of the changes via email and/or may ask you to affirmatively consent to and accept the changes at the time of your next account login on our Site. By continuing to use our Site after such notice and/or consent, you agree to be bound by the Terms of Use as modified.
2. Ability to Accept Terms of Use. As a condition of your use of any Service or Content of our Site, you represent and warrant that you (a) are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and (b) are fully able and competent to understand, assent to, and enter into the Terms of Use, and to abide by and comply with the Terms of Use. In any case, no one under 13 years of age may use our Site or any Service or Content of our Site. Your registration and membership, if any, may be cancelled or terminated without warning if we have any reason to believe that you may be under the age of 13.
3. Certain Definitions. As used herein, the term "our Site" means any of the following: UNIVISION.COM; any WAP or mobile site associated with UNIVISION.COM, whether existing now or in the future (including, without limitation, UNIVISION MÓVIL); and/or any official page or channel established now or in the future by any Univision Entity (as defined below) on third-party social networking sites and user-generated content hosting sites (including, without limitation, the official Univision corporate page on Twitter.com); the term "Service" means any online service provided by or through our Site, including, without limitation, internet access, email, instant messaging, mobile messaging, webcast, Content streaming (whether on a live, delayed, on demand, subscription or free basis), Content downloads, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, story boards, weblogs, videoblogs (vlogs), social networking services, and shopping channels; the term "Content" means any and all content, information, data and material made available on our Site (whether by us or by Users), including, without limitation, text, images, photographs, videos, audios, music, ringtones, wallpapers, graphics, logos, icons, Software (as defined in Section 23), and merchandise items; the term "User" means you or any other person or entity who accesses or uses our Site or any Service or Content; the term "Member" means a User who has registered with our Site in order to access and use a Service that requires registration, such as our Site's social networking services and chat rooms; the term "User Posting" means any Content posted, submitted, displayed, exhibited, uploaded, distributed, transmitted, offered, or provided by a User, where such Content is not owned by the Univision Entities and does not otherwise infringe or violate any rights of the Univision Entities; and the term "Univision Entities" means, collectively, Univision Interactive Media, Inc. d/b/a UNIVISION.COM, and its parents, subsidiaries and affiliates, including, without limitation, Univision Communications Inc., The Univision Network Limited Partnership, Univision Television Group, Univision Movil, Univision Radio, Inc., TeleFutura Network, TeleFutura Television Group, Inc., and Galavision, Inc.
4. Right to Terminate. Any violation of the Terms of Use by a User or Member may result in civil or criminal liability, and we may, in addition to any remedy that we may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use our Site and all Services and Content. We reserve the right, but we are not obligated, to terminate or remove any Service or Content (including any User Posting) that, in our sole judgment, violates the Terms of Use or any applicable law, or may expose or subject our Site or any Univision Entity to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any Univision Entity. Please note that a violation of the Terms of Use by someone having only indirect access to a Service through a Member of such Service will be considered a violation by the Member, whether or not the violation is with or without with the knowledge or consent of the Member.
If you are considered a repeat infringer, your account may be terminated. A “repeat infringer” includes any User who has made two (2) or more Postings for which we receive a notice of infringement under these Terms of Use. You agree that if your account is terminated pursuant to these Terms of Use, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated pursuant to these Terms of Use, you shall indemnify and hold the Univision Entities harmless from any and all liability that we may incur therefore.
5. Right to Investigate. We and the Univision Entities may investigate any suspected or alleged violation of the Terms of Use and cooperate with law enforcement authorities and/or third-parties in such investigation. YOU HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY UNIVISION ENTITY BASED UPON ANY INVESTIGATION BY US OR ANY UNIVISION ENTITY OR LAW ENFORCEMENT AUTHORITIES, OR ANY ACTION TAKEN IN CONNECTION WITH OR AS A RESULT OF SUCH INVESTIGATION.
6. Right to Disclose. You understand and agree that we have the right at all times to disclose the identity of a User or the source of a User Posting in connection with internal inquiries in connection with any abuse of our Site or any Service, law enforcement authorities' investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
7. Prohibited Use and Reporting Abuse. We do not permit or tolerate any illegal, abusive, harmful or improper use of our Site or any Service or Content, or any use that interferes with other Users' enjoyment of our Site or any Service or Content. If you believe that you have been a victim of any such conduct that is described below, please email to abuse@correo.univision.com. Without limiting the generality of the foregoing, we specifically prohibit the following activities:
(a) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that is unlawful, harassing, stalking, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, vulgar, profane, racist, discriminating, or otherwise objectionable or offensive;
(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or other intellectual property or proprietary right of any person or entity, including, without limitation: (i) copying, reproducing, displaying, exhibiting, performing, transmitting, sharing or distributing any copyrighted work or material without permission or consent from the copyright owner; (ii) providing information, software, programs or tools that enable circumvention of manufacturer-installed copy-protected devices; (iii) providing pirated music, movies, video or software, or links to pirated music, movies, video or software; (iv) posting or distributing video, photographs, or images of another person without his or her consent (or in the case of a minor, the minor's legal guardian); and (v) disseminating or transmitting private, confidential or proprietary information or material that you do not have permission or a right to disseminate or transmit;
(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that violates or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations and the Computer Fraud and Abuse Act;
(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent, through “phishing” or under any other false pretense;
(e) Collecting, storing, posting, transmitting or soliciting personal information about persons under the age of 18;
(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, bugs, worms, codes, files or programs;
(g) Promoting or soliciting involvement in or support of a political platform, religion, cult or sect;
(h) Promoting or soliciting gambling or engaging in any gambling or similar activity;
(i) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;
(j) Gaining or attempting to gain unauthorized access to any Service, profiles, blogs, chat rooms, communities, or account information, or providing, soliciting or exchanging other Users' passwords or personal identifying information for commercial or unlawful purposes;
(k) Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity, including, without limitation, any Univision Entity;
(l) Engaging in any act to deceive or mislead, including, without limitation, (i) falsifying User information; (ii) forging or otherwise manipulating headers or other identifying information in order to disguise the origin of any User Posting; (iii) using invalid or non-existent domain names or other means of deceptive addressing in User Postings; and (iv) relaying email or other material in an anonymous fashion, relaying email or other material from any third-party's server without that third-party's permission, or using similar techniques to hide or obscure the source of email or other material;
(m) Transmitting or distributing "junk mail," "chain mail" or "chain letters," or engaging in unsolicited mass emailing, "spamming" or "spimming," or making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes" and "ponzi schemes";
(n) Engaging in "trolling," such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users' ability to engage in real time exchanges;
(o) Disrupting or interfering with other Users' use of our Site or any Service or Content or any system or network, including, without limitation, (i) making "denial of service" attacks against another system or network host or another User; (ii) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network; and (iii) without permission from the owner or host of a system or network, accessing such system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of such system or network, or breaching the security or authentication routines of such system or network;
(p) Reselling or attempting to resell any Service without our prior authorization; and
(q) Any other activities that we determine, in our sole discretion, are illegal, abusive, harmful or improper.
8. Proprietary Rights. You acknowledge and agree that all Content (other than User Postings) on our Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights that belong to the Univision Entities and their licensors. You may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any such Content for any purposes, by any means or in any media, other than (a) printing or downloading for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content; and/or (b) as expressly authorized by us. The systematic retrieval of any such Content to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited. In addition, use of any Service or Content for any purpose not expressly permitted in these Terms of Use is prohibited.
9. Univision Trademarks. As used herein, "Univision Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations that belong to the Univision Entities, including, without limitation, UNIVISION, the tulip "U" logo, UNIVISION.COM, UNIVISION INTERACTIVE MEDIA, UNIVISION RADIO, UNIVISION MÓVIL, MI PAGINA, TELEFUTURA, the triangle within triangle logo, UNICLAVE, and MIUNICAST. You may make reference to the Univision Trademarks but only if your reference is truthful and not misleading. You may not remove or alter any Univision Trademark. You acknowledge the rights of the Univision Entities in the Univision Trademarks and agree that any and all use of the Univision Trademarks shall inure to the sole benefit of the Univision Entities. You agree not to incorporate any Univision Trademark into your marks, names, logos, domain names, links or designations.
10. Third Party Trademarks. All other trademarks and service marks appearing on our Site are the property of their respective owners.
11. Third Party Websites. Our Site provides links to certain third-party websites for your convenience only. These third-party sites are not owned or controlled by the Univision Entities. Therefore, we and the Univision Entities do not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third-party sites. Also, by merely linking to a third-party site, we and the Univision Entities by no means sponsor, endorse, approve or recommend such third-party site, or any information, material, views, opinions, products or services posted, offered or advertised on such third-party site. You acknowledge that you access and use such third-party sites solely at your own risk. You agree that under no circumstances will we or any Univision Entity be liable in any way for any information or material contained in any third-party sites linked to or from our Site. We and the Univision Entities are not responsible for any errors or omissions associated with such third-party sites, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third-party sites.
12. Dealings with Advertisers. We allow certain third-parties to place, display, serve or sponsor advertisements on our Site. Your communication or business dealings with, or participation in promotions of, such advertisers, 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 advertisers. You agree that neither we nor any Univision Entity shall 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 our Site.
13. User Postings.
(a) For any User Postings made by you, you hereby grant to our Site and the Univision Entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to use, copy, reproduce, display, exhibit, perform, adapt, modify, distribute and promote such User Postings worldwide in any media now known or hereafter developed, by any means and for any purpose. You agree that you will be solely responsible for any User Postings made by you. You hereby represent and warrant that you own or otherwise control all of the rights in and to such User Postings and that no use of such User Postings by our Site or any Univision Entity will infringe or violate any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law. We reserve the right, at any time and in our sole discretion, but have no obligation, to remove, delete, block, disable or deny access to any User Postings made by you that, in our sole judgment, violates these Terms of Use or any applicable law, or may expose or subject our Site or any Univision Entity to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any Univision Entity.
(b) You acknowledge that when you post or submit information about yourself to the public areas of our Site (e.g., social networking community, chat rooms, forums, etc.), your information may be seen and used by any other visitor to such public areas. It may also be possible for others to obtain personal information about you due to your use of a Service, and that the recipient may use such information to harass or harm you. We do not approve of such unauthorized uses, but by using our Site you acknowledge and agree that we are not responsible for others' use or misuse of any personal information, data or material about you, your family or your friends that you post or allow others to post on our Site. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST OR DISPLAY ON OUR SITE.
(c) YOU ACKNOWLEDGE THAT BY UTILIZING OUR SITE, YOU MAY BE EXPOSED TO USER POSTINGS THAT YOU FIND TO BE OFFENSIVE, INDECENT, OR OBJECTIONABLE OR THAT ARE ERRONEOUS, INACCURATE OR MISLEADING, AND YOU BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON SUCH USER POSTINGS. WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO (I) DENY ACCESS TO ANY USER WHO VIOLATES THE TERMS OF USE OR ANY APPLICABLE LAW AND/OR (II) REMOVE ANY USER POSTING THAT, IN OUR SOLE JUDGMENT, VIOLATES THESE TERMS OF USE OR ANY APPLICABLE LAW, OR IS OTHERWISE OBJECTIONABLE, OR MAY EXPOSE OR SUBJECT OUR SITE OR ANY UNIVISION ENTITY TO LIABILITY OF ANY KIND, OR MAY ADVERSELY AFFECT THE REPUTATION OR GOODWILL OF OUR SITE OR ANY UNIVISION ENTITY. UNDER NO CIRCUMSTANCE WILL WE OR ANY UNIVISION ENTITY BEAR ANY RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON ANY USER POSTING. WE AND THE UNIVISION ENTITIES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ASSOCIATED WITH ANY USER POSTINGS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF YOUR USE OF OR RELIANCE UPON ANY USER POSTINGS.
(d) We do not accept or consider ideas, suggestions or materials submitted by Users other than those specifically requested or solicited by us (see Paragraph (e) below). This is to avoid the possibility of disputes between you and us when projects independently developed by or for us or any Univision Entity might seem similar to your ideas, suggestions or materials. If you do send us, or post or transmit on or through our Site or any Service, any unsolicited ideas, suggestions or materials, you agree that such ideas, suggestions or materials, upon submission, shall become the property of our Site and the Univision Entities, and that we and the Univision Entities shall be free to use, disclose, publish, distribute and otherwise exploit such ideas, suggestions or materials, without restriction, limitation or obligation of any kind whatsoever, in perpetuity and throughout the universe, and for any purpose whatsoever, commercial or otherwise, all without compensation, credit or attribution to you.
(e) We may from time to time request or solicit User Postings from Users, e.g., video submissions as part of a promotion on our Site. You agree that by posting or submitting such solicited User Postings (each, a "Submission") or engaging in any form of discussion, dialogue or other communication (each, a "Communication") with us in connection therewith, you hereby grant to our Site and the Univision Entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to: (i) use, copy, sublicense, display, perform, adapt, modify, publish, distribute, advertise, promote, transmit, create derivative works based upon, and otherwise exploit, commercially or otherwise, any such Submission or Communication; and (ii) sublicense to third-parties the unrestricted right to exercise any of the above rights.
(f) You understand and agree that we and the Univision Entities are under no obligation to you of any kind with regard to any Submission or Communication posted or uploaded by you now or in the future. We reserve the right, at any time and in our sole discretion, but have no obligation, to remove, block, deny access to, or refuse to post any Submission or Communication that, in our sole judgment, violates these Terms of Use or any applicable law, or may expose or subject our Site or any Univision Entity to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any Univision Entity. We also reserve the right, at any time and in our sole discretion, to use and disclose any Submission or Communication as may be necessary to comply with any law, regulation, governmental request, or court order.
14. Notice of Copyright Infringement. If you believe that your rights under U.S. copyright law have been infringed by any Content (including any User Posting), or if a notice of copyright infringement has been filed against you and you believe you have received it in error, please click on Digital Millennium Copyright Act to view instructions on how to notify or reply to our Site.
15. Password Security and Privacy. When you sign up to become a Member, you will 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 us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of and activities on your account, including uses and activities by those whom you authorize or share your password with.
Our Site is committed to respecting your privacy and your need to protect personal information that you share with us. To view our policy regarding your privacy, please click on Privacy Policy.
16. Social Networking Service. Our Site offers one or more online social networking services that allow Users (upon registration) to post personal profiles and network with friends. Use of such Services is subject to certain special terms and conditions. To view these terms and conditions, please click on Social Networking Service Membership Agreement..
17. Univision Communities. These Terms of Use apply to all of your online communities on, to and from our Site, including, without limitation, our Site's social networking services, chat rooms, forums, and message boards. For Users' convenience, we have highlighted some important guidelines for Users to remember when participating in these communities. To view these highlights, please click on Univision Community Guidelines.
18. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) OUR SITE IS FOR GENERAL INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND DOES NOT INTEND TO ADVISE, INSTRUCT OR MAKE RECOMMENDATIONS WITH RESPECT TO ANY PARTICULAR SUBJECT, MATTER, MATERIAL, PROBLEM, SITUATION OR INDIVIDUAL.
(B) OUR SITE AND ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITE AND ANY AND ALL SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCESSIBILITY, COMPLETENESS, CORRECTNESS, ACCURACY, USEFULNESS, TIMELINESS, RELIABILITY OR SAFETY OF, OR THE RESULTS OF YOUR USE OF OR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT. WE ALSO DO NOT WARRANT OR GUARANTEE THAT OUR SITE AND ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SITE AND ALL SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(C) YOUR USE OF OR RELIANCE UPON OUR SITE OR ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITATION TO THE FOREGOING, WE ARE NOT RESPONSIBLE FOR OTHERS' USE OR MISUSE OF ANY PERSONAL INFORMATION, DATA, PHOTOGRAPHS, VIDEOS, AUDIOS, OR OTHER MATERIAL ABOUT YOU, YOUR FAMILY, OR FRIENDS THAT YOU POST OR ALLOW OTHERS TO POST ON OUR SITE. WE RECOMMEND THAT YOU USE DISCRETION WHEN POSTING ANY SUCH INFORMATION. LIKEWISE, WE AND THE UNIVISION ENTITIES ARE NOT RESPONSIBLE FOR YOUR EXPOSURE TO ANY CONTENT (INCLUDING ANY USER POSTING) THAT IS OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE TO YOU OR TO OTHERS.
19. Additional Disclaimers. You expressly understand and agree that the following additional disclaimers shall apply to your use of our Site:
20. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) IN NO EVENT SHALL WE OR ANY UNIVISION ENTITY BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), REGARDLESS OF WHETHER OR NOT WE OR ANY UNIVISION ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
(B) IN NO EVENT SHALL OUR AND THE UNIVISION ENTITIES' TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO OUR SITE FOR YOUR USE OF ANY SERVICE OR CONTENT OF OUR SITE DURING THE TERM OF YOUR MEMBERSHIP.
(C) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND ALL OF THE UNIVISION ENTITIES, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, PARTNERS, LICENSORS, LICENSEES, SPONSORS, SUPPLIERS AND CONTRACTORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING); (B) ANY USER POSTINGS, SUBMISSION OR COMMUNICATION MADE BY YOU; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED HEREIN, OR YOUR VIOLATION OF ANY OF THE TERMS OF USE. WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH US AND THE UNIVISION ENTITIES IN ASSERTING ANY AVAILABLE DEFENSES.
22. International Use. We make no representation or warranty that our Site and all Services and Content are appropriate or available for use in locations outside the United States of America. Accessing our Site or any Service or Content from territories in which such access is illegal is prohibited. You agree that if you choose to access our Site or any Service or Content from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.
23. Use of Software. The use of any software or application (including, without limitation, media players and computer and mobile game software) provided on our Site ("Software") is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial use ONLY; (b) all rights, title and interest in and to the Software, including, without limitation, any copyrights and other intellectual property rights, shall remain with us and the Univision Entities and/or the provider or licensor of such Software; (c) except as expressly permitted in these Terms of Use or by law, you may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse engineer, decompile or disassemble the Software, or disclose the Software or any underlying information or technology to any third-party; (d) you may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software; (e) you may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software; (f) you may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with all U.S. export control laws and regulations; (g) by installing, downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; (h) you acknowledge that we provide no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk; (i) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED; (j) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT; (k) IN NO EVENT SHALL WE OR ANY UNIVISION ENTITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SOFTWARE; (l) as a condition to your use of the Software, you agree to defend, indemnify and hold us and all of the Univision Entities, and their respective agents, representatives, employees, officers, directors, shareholders, members, owners, partners, licensors, licensees, sponsors, suppliers and contractors, harmless from and against any and all claims, causes of action, demands, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with your downloading, use or reproduction of, or your receipt or transmission of any material through, the Software; and (m) we reserve the right, in our sole discretion and at any time, to modify or discontinue the Software, limit, terminate or suspend your use of the Software, and/or assess charges for the use of the Software in the future.
24. Governing Law Jurisdiction. You expressly acknowledge and agree that:
(a) Our Site shall be deemed solely based in the State of California, U.S.A.;
(b) Our Site shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of our Site or any Univision Entity, either specific or general, in jurisdictions other than the State of California, U.S.A.;
(c) These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles; and
(d) Any dispute arising between you and us or any Univision Entity concerning our Site or any Service or Content (including any User Posting), or concerning the Terms of Use, shall be decided exclusively by state and federal courts located in the County of Los Angeles, State of California, U.S.A.
25. Miscellaneous. These Terms of Use constitute the entire agreement between you and us concerning your use of our Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our or any Univision Entity’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
UNIVISION COMMUNITY GUIDELINES
Welcome to the UNIVISION Community!
Our Site (as defined in the Terms of Use) offers a variety of services that allow our Members to meet, chat, interact, and communicate with each other, such as our email, instant messaging, mobile messaging, social networking services, chat rooms, forums, weblogs, videoblogs (vlogs), and message boards (collectively the "UNIVISION Community"). We require that, as a Member of the UNIVISION Community, you abide by the Terms of Use at all times. Keep in mind that the Terms of Use apply to all areas of the UNIVISION Community, public and private. We reserve the right to terminate your access to the UNIVISION Community immediately, with or without notice, should you breach or otherwise violate the Terms of Use.
REMEMBER THAT ACCESS TO AND USE OF THE UNIVISION COMMUNITY IS A PRIVILEGE AND NOT A RIGHT.
Set forth below are highlights of some important guidelines for the UNIVISION Community. PLEASE NOTE THAT THESE GUIDELINES ARE PROVIDED FOR GENERAL INFORMATION ONLY AND DO NOT REPLACE THE TERMS OF USE. PLEASE ALWAYS FOLLOW THE TERMS OF USE WHEN USING THE UNIVISION COMMUNITY.
THE FOLLOWING CONDUCT IS PROHIBITED:
While the above examples cover some of the most common situations, they cannot anticipate everything. Therefore, we may take any action that we deem appropriate to ensure that the UNIVISION Community is not disrupted or abused in any way. We also reserve the right to suspend or permanently ban anyone who willfully or repeatedly violates the Terms of Use from participating in the UNIVISION Community.
Right to Disclose Member's Identity
Please keep in mind that we have the right to disclose a Member's identity in connection with investigation of alleged illegal activity or solicitation of illegal activity, or in response to a lawful court order or subpoena.
Right to Remove
We do not actively monitor or edit User Postings (as defined in the Terms of Use ) in the UNIVISION Community. We reserve the right, but we are not obligated, to (a) remove User Postings that, in our sole determination, violate the Terms of Use or any applicable law, or may expose or subject our Site or any Univision Entity (as defined in the Terms of Use to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any Univision Entity; and (b) terminate a Member's community privileges for violation of the Terms of Use or any applicable law. User Postings that violate the Terms of Use or any applicable law may result in deletion, without notice, of your community ID and everything associated with it, including email accounts, groups, posts, homepages and profiles.
User Postings
YOU ARE SOLELY RESPONSIBLE FOR WHAT YOU POST IN THE UNIVISION COMMUNITY. If you post Content that infringes or violates another person's copyright, trademark, trade secret, reputation, privacy, or other property or personal right, or that violates any applicable law, you may be held liable in a court of law. For any Content you post, you represent and warrant that you own or otherwise control all of the rights in and to such Content and that no use of such Content by us or any Univision Entity will infringe or violate any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law.
Posting Your Personal Information
You should know that any personal information you post in the UNIVISION Community may be seen and used by others to harass or harm you. We have no control over and cannot be responsible for how others may use your personal information. Please use discretion and common sense when posting personal information about yourself, your family or friends in the UNIVISION Community.
Reporting Abuse
You may report to us content or conduct that you believe is in violation of the Terms of Use. However, keep in mind that reporting an alleged violation does not necessarily mean there is a violation, or that we must or will take any action based on the report. In the event we do take action, we have no obligation to inform the Member who made the report. Finally, it is a violation of the Terms of Use to knowingly make a false report against another User, or to use the reporting process to harass or intimidate another Member, or to encourage others to do so.
Moderators
Certain areas of the UNIVISION Community may have designated moderators that have certain responsibilities in connection with the operation of such areas (a "Moderator"). Moderators, as community leaders, should set good examples of responsible behavior for their groups, as demonstrated by their own behavior in the community. Each Moderator may, based on and consistent with the Terms of Use, determine the acceptable Content and behavior of their group and should notify us of any violations of the Terms of Use. No Moderator or group may sabotage or attempt to sabotage any other Moderator or group in any way, shape or form, and should not interfere with the operation of our Site or any Service. Violation of the foregoing may result in termination of the violator's community privileges. Being a Moderator does not create any affiliation, partnership, joint venture, employment, agency, representative, or other relationship with us or any Univision Entity, and we and the Univision Entities shall have no obligation or liability to Moderators or their groups in connection with their participation as such.
DIGITAL MILLENNIUM COPYRIGHT ACT
Our Site (as defined in the Terms of Use) is committed to complying with U.S. copyright laws and expects all Users who access our Site, including Members, to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. The DMCA constitutes part of the Terms of Use that govern use of our Site.
Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, our Site will remove or block access to the allegedly infringing material, and may terminate the User’s account per our Terms of Use including termination for repeat infringers. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to our Site. Our Site shall not be made a party to disputes over alleged copyright infringement.
If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that any Content of our Site is violating your rights under U.S. copyright laws, you may file a complaint thereof with our designated agent in the manner described below.
By Fax: (310) 410-5609
By Email: copyright@correo.univision.com
By Mail:UNIVISION COMMUNICATIONS INC.
Univision Interactive Media Business Affairs
5999 Center Drive
Los Angeles, California 90045-0073
Attn: Gabriela Mejia, VP of Business Affairs
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
(a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Univision to locate the material;
(d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
See 17 U.S.C. § 512(c)(3) for more details.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys' fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with Univision's designated agent at the address listed above. Such counter-notification must contain the following information:
(a) a physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If our Site receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled.
You should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
UNIVISION.COM PRIVACY POLICY
Our Site (as defined in the Terms of Use) is committed to respecting your privacy and recognizes your need to protect the personal information that you share with us. The following is our privacy policy, in which we inform you what information we might collect from you when you visit our Site, how we might use such information, and the choices you have regarding our use of, and your ability to review and correct, such information. By submitting personal identifying information to our Site, you expressly give us permission to receive, store, and use such information in accordance with this policy. This privacy policy constitutes part of the Terms of Use that govern use of our Site.
Notice To California Residents – Your California Privacy Rights:
Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if a business has within the immediately preceding calendar year disclosed a California customer’s personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to the California customer upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.
Any request for a disclosure required under this law should be sent to us via email at caprivacy@correo.univision.com. Please note that under this law, we are not required to respond to a customer‘s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email address designated above.
1. Types of Information We Collect
We have the ability to collect two types of information from users who visit our Site:
Personally Identifiable Information is any information by which you can be identified, such as your name, address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc.
Aggregate Information is anonymous data such as your IP address (i.e., a number that is assigned to your computer whenever you connect to the Internet), your domain name (e.g., "XYZ.com") and User statistics (e.g., 45% of our Users are female). Aggregate data is very much like television ratings that show the television network how many viewers are watching a particular television program.
2. What We Do With the Information
We collect Aggregate Information to diagnose technical problems on our Site, to administer our Site, and to improve the quality of the pages and Content that make up our Site. The collection also permits us to provide data to advertisers about the volume of use on, and frequency of visitors to, our Site, to gather broad demographic information and to improve the Site to assure that it is as appealing as we can make it for as many people as possible. Sometimes we share the Aggregate Information with our business partners, and sometimes we permit our business partners to collect the Aggregate Information directly from you, for advertising and promotional purposes. In no event, however, is this Aggregate Information matched to your Personally Identifiable Information.
We also collect Personally Identifiable Information. This may occur when you choose certain products or services offered on our Site. For example, when you register as a Member, order products from merchants who advertise on our Site, subscribe to an email newsletter, participate in our social networking communities, chat rooms, forums, etc., or register for contests, sweepstakes, and other promotional opportunities provided by our Site, you are supplying us with your Personally Identifiable Information. We use such Personally Identifiable Information to try to offer you our products and services, to improve the quality of the Services and Content that we provide on our Site, to personalize your online experience, and to build a strong online community. From time to time, we also share such information with other Univision Entities (as defined in the Terms of Use) and with persons or entities with whom we do business who might also wish to offer their products or services to you such as retail stores, finance, real estate, insurance, travel, automotive, telecommunications, technology, electronics, health, beauty, food, beverage, leisure and entertainment goods and services.
In addition, we may transfer your Personally Identifiable Information as part of our assets if we are, or parts of our businesses are, sold to, merged with or acquired by, a third-party. We may also disclose your Personally Identifiable information when required by law or court order.
Whether or not you disclose such information is completely your choice. You are not obligated to answer any question that is presented to you. Of course, if you choose not to provide the information, you might be unable to access certain Services, offers and Content on our Site.
3. Your Rights to Edit/Update Information and Opt Out
You may edit, update and correct your account and registration information at any time (subject to the scheduled maintenance of our Site), by logging into your account and clicking on "Edit Profile." Your request will be processed as soon as possible.
If, after you have provided Personally Identifiable Information to us, you object to our use of the information (for example, you wish to opt out of receiving promotional or marketing information about products, services, and offerings from our Site, the Univision Entities and/or third-parties with whom we do business), you may request us to stop using the information by logging into your account and clicking on "Profile." From this page, you can change your preferences.
4. Protecting Children
We take special care to protect the safety and privacy of children. Our Site is a general audience site. Nevertheless, we do not permit children under age 13 to register on our Site for any product or Service. We do not collect or solicit Personally Identifiable Information about Users under age 13.
Children under age 13 should always ask their parents or guardians for permission before providing any Personally Identifiable Information to anyone online. We urge parents and guardians to participate in your children's online activities and to use parental control or other Internet filtering technology to supervise your children's access to the Internet.
5. Cookies
Our Site uses cookies. A "cookie" is a small amount of data that is sent to your browser from an Internet server and stored in your computer. Generally, we use cookies to remind us of who you are, tailor our products and Services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at their stores and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it, or you can choose to routinely and manually delete the cookies stored in your computer.
5.1 DoubleClick’s DART Cookie
We may use third-party advertising companies to serve ads when you visit our Site. Google, as a third-party vendor, uses cookies to serve ads on our Site. In particular, Google uses DoubleClick’s DART cookie that enables it to serve ads through DoubleClick’s ad-serving technology. Such cookie is placed on your computer when you are browsing the web and visit a site that supports ads delivered using DoubleClick’s ad-serving technology (including some Google AdSense advertisements). This cookie is a “persistent” cookie, meaning that it is saved into the cookie folder on your computer’s hard drive and will remain in that folder even after you close your Web browser. This cookie is used to serve ads specific to you and your interests (“interest-based targeting”). The ads served will be targeted based on your previous browsing history. DoubleClick’s DART cookie uses “non-personally identifiable information”. It does NOT track Personally Identifiable Information about you.
To opt-out of DoubleClick’s DART cookie and associated “interest based targeting” advertising, please visit http://www.doubleclick.com/privacy/dart_adserving.aspx. PLEASE NOTE that if you erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may need to opt out again. PLEASE NOTE also that opting out of the ad-serving cookie does not mean that you will stop seeing pop-up ads or banner ads embedded in websites! You can control many pop-ups by using free software available on the Internet or by disabling JavaScript on your browser.
If you wish to disable cookies selectively or entirely, you may do so through your individual browser options or using special software. More detailed information about cookie management with specific web browsers can be found at the browsers' respective web sites. Alternatively you can use the guide at http://www.aboutcookies.org/Default.aspx?page=1.
More information on the DoubleClick DART cookie which is used by Google in the ads served on publisher websites displaying AdSense for content ads can be found at http://www.doubleclick.com/privacy/faq.aspx.
6. Security
Protecting the security of your Personally Identifiable Information that you share with us is of the utmost importance to us. Unfortunately, however, no data transmission over the Internet or data storage can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. By accessing our Site, you acknowledge and agree that we may notify you by email in the event of a breach of security involving your Personally Identifiable Information.
We urge you to keep your password in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place, such as a library or an Internet cafe.
7. Links to Third Party Sites, Services or Products
Our Site contains links to sites operated and maintained by third-parties, as well as links to products and services (including software) provided by third-parties. We have no control whatsoever over such third-parties, their Internet sites, or their products or services. Privacy policies for such linked sites may be different from our privacy policy. You access such linked sites, services or products entirely at your own risk. You should always read the privacy policy for a linked site, service or product before disclosing any personal information on such site or in exchange for such product or service.
8. Policy Changes
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our Site. If you are a registered Member for one of our Services offered on our Site (e.g., any of our social networking services), we may notify you of the changes to this privacy policy via email and/or may ask you to affirmatively acknowledge and consent to such changes (e.g., by checking a box or clicking a button) at the time of your next account login on our Site.
SOCIAL NETWORKING SERVICE MEMBERSHIP AGREEMENT
Our Site (as defined in the Terms of Use) offers one or more social networking services that allow Members to create personal profiles and meet and communicate with old and new friends online. Such services, together with all of their pages, features, Content, and applications as may be offered from time to time by our Site, are referred to hereinafter collectively as the "Social Networking Service" or the "Social Networking Site." The Social Networking Service is hosted in the U.S.
1. Acceptance. Use of the Social Networking Service is subject to the terms and conditions set forth in this Membership Agreement (this "Agreement"), which constitutes part of the Terms of Use that govern use of all areas of our Site. By using the Social Networking Service, you expressly accept and agree to be legally bound by and comply with all of the terms and conditions of this Agreement, as well as all the other terms and conditions set forth in the Terms of Use and the Privacy Policy.
If you do not agree to this Agreement, please do not access or use the Social Networking Service. We reserve the right, in our sole discretion, to update or revise this Agreement at any time. If we make changes to this Agreement, we will inform you by posting a notice on the Social Networking Site. We may also notify you of the changes via email and/or may ask you to affirmatively consent to and accept the changes at the time of your next account login on the Social Networking Site. By continuing to use the Social Networking Site after such notice and/or consent, you agree to be bound by this Agreement as modified.
2. Eligibility. Registration and membership with the Social Networking Service is void where prohibited. As a condition of your use of the Social Networking Service, you represent and warrant that: (a) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to understand, assent to, and enter into this Agreement, and to abide by and comply with this Agreement; (b) all registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and (c) your use of the Social Networking Service does not violate any applicable law or regulation. In any case, no one under 13 years of age may use our Site, the Social Networking Service, or any other Service offered on our Site. Your profile may be deleted and your membership may be terminated without warning if we have any reason to believe that you may be under the age of 13.
3. Invitations to Non-Members. Members may invite friends to join the Social Networking Service by sending invitation emails via our Site's automated invitation system. Our Site stores the email addresses that Members provide so that the respondents may be added to the friend's list of the Member sending the invitations, and also to send reminders of the invitations. Our Site does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders (up to three (3) per email address.
4. Non-Commercial Use Only. The Social Networking Service is for the personal use of Members only and may not be used in connection with any commercial activities, except those that are specifically endorsed or approved by us or any Univision Entity (as defined in the Terms of Use). You may not: (a) advertise to or solicit any Member to buy or sell any products or services through the Social Networking Service; (b) transmit any chain letters or junk email to other Members; (c) use any personal information obtained from the Social Networking Site to contact, advertise to, solicit, or sell to any Member without their express prior consent; or (d) display an advertisement in your profile, or accept payment or anything of value from any person or entity in exchange for your performing any commercial activity on or through the Social Networking Site on behalf of that person or entity, such as placing commercial content in your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "My Friends", or sending private messages with a commercial purpose. Commercial advertisements, promotions, and other forms of solicitation may be removed from Member profiles and postings without notice and may result in termination of membership privileges. In order to protect our Members from unauthorized advertising and solicitations, our Site reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a limit which we deem appropriate in our sole discretion. If you violate the foregoing and send unsolicited bulk email or other unsolicited communications of any kind through the Social Networking Service, you agree to pay and indemnify us and Univision Entities for any penalty or damages that may be imposed by applicable law for each such unsolicited email or other unsolicited communication you send through the Social Networking Service.
5. Copyright Policy. You may not post, display, perform, copy, reproduce, distribute, modify or otherwise use any copyrighted content (e.g., music, movies, videos, photographs, and software) belonging to others without permission or consent of the copyright owner. Our Site reserves the right to terminate membership privileges of any Member who intentionally or repeatedly infringes the copyrights of others. If you believe that your rights under U.S. copyright law have been infringed by anyone or anything on the Social Networking Site, or if a notice of copyright infringement has been filed against you and you believe you have received it in error, please click on Digital Millennium Copyright Act (which is incorporated herein by this reference) to view instructions on how to notify or reply to our Site.
6. Illegal or Unauthorized Use Prohibited. Illegal or unauthorized use of the Social Networking Service is strictly prohibited. In addition to the prohibited activities described in Sections 4 and 5 above, listed below are examples of some other prohibited activities on the Social Networking Site, which are not meant to be, and should not be considered, complete or exhaustive:
7. Member Profiles and Postings. Please choose carefully what you post on the Social Networking Site and what you provide to or share with other Members. Member profiles and postings on the Social Networking Site may not include any of the following items:
Despite this prohibition, profiles and postings of other Members may contain offensive, sexual-oriented, or otherwise objectionable material and our Site assumes no responsibility or liability for any such material or your exposure to such material. Our Site reserves the right, at any time and in its sole discretion, to reject, refuse to post, block access to, remove or delete any profile or posting (including private messages) made by you, or to restrict, suspend, or terminate your access to all or any part of the Social Networking Service, for any or no reason, with or without prior notice, and without liability. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SOCIAL NETWORKING SERVICE IS A PRIVILEGE AND NOT A RIGHT.
8. Reporting Abuse. If you become aware of misuse of the Social Networking Service by any person, please contact abuse@correo.univision.com.
9. License to Member Content. We do not claim ownership rights in any User Posting (as defined in the Terms of Use) made by you on the Social Networking Site, in which you retain all ownership rights. By making any User Posting on the Social Networking Site, you hereby grant to our Site and the Univision Entities the rights and licenses to: (i) use, modify, copy, reproduce, publicly perform, publicly display, publish and distribute such User Posting on and through the Social Networking Service; (ii) make unlimited and unrestricted use, reproduction, broadcast, exhibition, display, performance, and distribution of such User Posting in any and all media now known or hereafter developed, including, without limitation, any and all forms of television now known or hereafter developed; and (iii) use, reproduce, publish, and otherwise exploit your name, likeness, image, photograph, voice, performance, and other elements of your appearance or persona only to the extent contained or embodied in such User Posting, and only as part of such User Posting; in each case without notice, compensation, credit or attribution to you. Please note that, without the aforementioned licenses, we would be unable to provide the Social Networking Service. For example, without the right to modify your User Posting, we would not be able to digitally compress content files you submitted or otherwise format content to satisfy technical requirements, and without the right to publicly display or perform your User Posting, we could not allow others to view, listen to or play content submitted by you. All of the aforementioned licenses you grant to our Site and the Univision Entities are non-exclusive (meaning you are free to license your User Posting to anyone else), fully-paid and royalty-free (meaning that our Site and the Univision Entities are not required to pay you for any use of your User Posting as permitted under the licenses), sublicenseable (meaning that our Site and the Univision Entities may authorize third-parties to make permissible use of your User Posting), worldwide (because the Internet and the Social Networking Service are global in reach) and perpetual (meaning that all of the licenses will continue even if you remove your User Posting from the Social Networking Site).
By making any User Posting on the Social Networking Site, you represent and warrant that: (a) you have the right to make and license such User Posting to our Site and the Univision Entities as set forth in this Section 9; and (b) such User Posting does not infringe or violate any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law. You agree to pay all royalties, fees, monies and compensation that may be owed to any person by reason of you making any User Posting on or through the Social Networking Site.
10. No Responsibility for Member Content. Our Site and the Univision Entities assume no responsibility for monitoring the Social Networking Site for inappropriate User Postings made by Members. If at any time we choose, in our sole discretion, to monitor the Social Networking Site, our Site and the Univision Entities nonetheless assume (i) no responsibility for any User Postings made by Members, (ii) no obligation to modify or remove any such User Postings, and (iii) no responsibility for the conduct of Members submitting such User Postings. You are solely responsible for all User Postings made by you. Also, you are solely responsible for any and all communications, interactions, dealings, and disputes between you and other Members. We and the Univision Entities do not endorse and have no control over any User Postings made by Members. We do not review, screen or edit User Postings prior to their posting, nor routinely or regularly monitor User Postings after their posting. User Postings made by Members do not reflect the opinions or policies of our Site or any Univision Entity. We and the Univision Entities make no warranties, express or implied, as to any User Postings made by Members or to the accuracy or reliability of any such User Postings. Our Site reserves the right, at any time and in its sole discretion, but has no obligation, to remove, delete, block, disable or deny access to any User Postings made by Members that in our sole judgment violates this Agreement, the Terms of Use, the Privacy Policy, or any applicable law, or may expose or subject our Site or any Univision Entity to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any Univision Entity.
11. Privacy. Personal information that you disclose to our Site in connection with registration with the Social Networking Service is governed by our Privacy Policy, which is incorporated herein by this reference. To view this policy, please click on Privacy Policy.
12. Disclaimers. Our Site is not responsible for any incorrect or inaccurate Content posted on the Social Networking Site or in connection with the Social Networking Service, whether caused by Members or by any equipment or programming associated with or utilized for the Social Networking Service. Profiles created and posted by Members may contain links to third-party websites. Our Site is not responsible for the Content or opinions expressed on such third-party websites, and such websites are in no way investigated, monitored or checked by us. Inclusion of any linked website on the Social Networking Site does not imply approval or endorsement of the linked website by us or any Univision Entity. When you access these third-party sites, you do so at your own risk. We and the Univision Entities take no responsibility for third-party advertisements displayed on the Social Networking Site or through the Social Networking Service, nor do we and the Univision Entities take any responsibility for the goods or services provided by advertisers. We and the Univision Entities are not responsible for the conduct of any Member, whether online or offline. We and the Univision Entities 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 Member communication, posting or profile. We and the Univision Entities 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 the Social Networking Site or combination thereof, including any injury or damage to Members or to any person's or entity's computer related to or resulting from using or downloading material from the Social Networking Site. Under no circumstances shall we or any Univision Entity be responsible for any loss or damage, including personal injury or death, resulting from your use of the Social Networking Service, your participation in any Social Networking Site event, or from any Content posted on or through the Social Networking Site, or from the conduct of any Member, whether online or offline. The Social Networking Site and the Social Networking Service are provided "AS IS" and "AS AVAILABLE", and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Social Networking Service. In addition, we make no representation or warranty that the Social Networking Service is appropriate or available for use in locations outside the United States of America. Accessing the Social Networking Service from territories in which such Service is illegal is prohibited. You agree that if you choose to access the Social Networking Service from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.
13. Limitation on Liability. IN NO EVENT SHALL WE OR ANY UNIVISION ENTITY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE SOCIAL NETWORKING SERVICE OR ANY CONTENT ON THE SOCIAL NETWORKING SITE, EVEN IF WE AND THE UNIVISION ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AND THE UNIVISION ENTITIES’ TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO OUR SITE FOR YOUR USE OF THE SOCIAL NETWORKING SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
14. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND ALL OF THE UNIVISION ENTITIES, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, PARTNERS, LICENSORS, LICENSEES, SPONSORS, SUPPLIERS AND CONTRACTORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON THE SOCIAL NETWORKING SERVICE OR ANY CONTENT ON THE SOCIAL NETWORKING SITE; (B) ANY USER POSTING MADE BY YOU ON OR THROUGH THE SOCIAL NETWORKING SITE; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED IN THIS AGREEMENT, OR YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT OR THE TERMS OF USE. WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
15. Governing Law; Jurisdiction. You expressly acknowledge and agree that:
(a) The Social Networking Service shall be deemed solely based in the State of California, U.S.A.;
(b) The Social Networking Service shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of our Site or any Univision Entity, either specific or general, in jurisdictions other than the State of California, U.S.A.;
(c) This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles; and
(d) Any dispute arising between you and our Site or any Univision Entity concerning the Social Networking Service or any Content on the Social Networking Site, or concerning this Agreement, shall be decided exclusively by state and federal courts located in the County of Los Angeles, State of California, U.S.A.
16. Term. This Agreement shall remain in full force and effect for as long as you use the Social Networking Service 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. Also, we may terminate your membership at any time, for any or no reason, with or without warning, and without any liability to you. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SOCIAL NETWORKING SERVICE IS A PRIVILEGE AND NOT A RIGHT. Even after your membership is terminated, certain provisions of this Agreement shall remain in full force and effect, including, without limitation, Sections 9, 10, 12, 13, 14, 15, 16 and 18.
17. Fees. You acknowledge that we reserve the right to charge a fee for use of the Social Networking Service from time to time in our sole discretion. If we terminate your membership because you have breached or violated this Agreement or the Terms of Use, you shall not be entitled to the refund of any unused portion of subscription or membership fees.
18. Miscellaneous. This Agreement constitutes an integral part of the Terms of Use which represents the entire agreement between you and us concerning your use of the Social Networking Service. 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, all of which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our or any Univision Entity’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.