Last Updated: December 31, 2019
▪ Digital Millennium Copyright Act (DMCA) Policy
▪ “ Content” means any and all information and material made available on or through the Univision Services, other than User Content. All Content is deemed part of the Univision Services.
▪ “ Suppliers” means any and all of the following: (i) third parties ( other than Users) that provide or license their content to Univision in connection with the Univision Services; (ii) third parties that advertise on or participate in advertising, marketing campaigns, promotions, offers, etc. with Univision; and (iii) third parties that provide information technology products (software, hardware, etc.), services or support to Univision in connection with the Univision Services.
▪ “ Supplier Trademarks” means the names, titles, marks, logos, and other source identifiers of Suppliers, whether registered or unregistered.
▪ “ Univision Trademarks” means the names, titles, marks, logos, and other source identifiers of Univision, including, without limitation, UNIVISION, the tulip "U" logo, UNIVISION.COM, UNIVISION INTERACTIVE MEDIA, UNIVISION NETWORK, UNIVISION RADIO, UNIVISION DEPORTES, UNIMAS, GALAVISION, and UFORIA.
▪ “ User” or “ you” means anyone who uses any of the Univision Services.
4. Not Intended for Children. The Univision Services are not designed or intended for anyone under the age of 18. We may restrict and/or deny your access to the Univision Service (including terminating any account you may have for the Univision Services), if we have reason to believe or suspect that you are under the age of 18.
Pursuant to 47 U.S.C. Section 230(d) (as amended), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Common Sense Media ( https://www.commonsensemedia.org) and OnGuard Online ( http://onguardonline.gov/). Please note that Univision is not affiliated with, and does not endorse any of the products or services listed on, such sites.
5. Not Intended for Use Outside the U.S. The Univision Services are hosted and operated from within the United States of America. Univision and our Suppliers do not represent or warrant that the Univision Services will be appropriate or available for use in locations outside the U.S. If you access the Univision Services from a location outside the U.S., you understand and agree that you do so of your own volition and at your own risk and that you are responsible for complying with all applicable local laws.
7. Consent to Electronic Communications. By using any of the Univision Services and providing your email address and/or mobile number, you consent to receiving electronic communications from us that are related to your use of the Univision Services. These electronic communications may include emails, text messages, push messages, in-app messages, and notifications directly posted to your account on the Univision Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.
8. Account Registration. Some features of the Univision Services may require or allow you to register an account. By registering an account on the Univision Services, you warrant that all account information you submit is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately by sending an email to email@example.com in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any User you allow to access your account, and any misconduct by you or any such User may result in termination of your account.
9. Mobile Service Charges. You understand and agree that standard carrier charges may apply if you access the Univision Services on a mobile device and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges that will solely be your responsibility.
10. User Content and User Interactions.
10.1. Some features of the Univision Services may provide Users with the ability to upload, post and/or transmit User Content. You understand and agree as follows:
▪ When you upload, post or transmit User Content on the Univision Services, you grant to Univision and our successors and assigns an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, freely sublicensable and transferable license to use, reproduce, make derivative works based upon, publicly perform, publicly display, distribute, and otherwise exploit your User Content ( including your and any other person’s names, voices, likenesses, photographs, performances, and biographical material contained in your User Content, as well as any idea, suggestion, comment, review, know-how, or technique embodied in your User Content) in any manner, language, format and medium (whether now known or later developed or discovered), including in connection with product/service/content development, advertising, promotion, merchandising, public service, education, and charitable activities, all without restriction and without any compensation, credit, attribution, notice, or other obligation to you. The foregoing license will continue in effect indefinitely, even if you delete your User Content from the Univision Services or (if applicable) terminate your account on the Univision Services.
▪ You acknowledge that your submission is voluntary and consensual and is made without any condition or expectation of compensation, credit, secrecy or confidentiality.
▪ You may not be able to remove your User Content from the Univision Services. Even if we provide you with the ability to delete your User Content from the Univision Services, we reserve the right to retain your User Content in our backup/archival files. Also, deletion from the Univision Services will not result in, and we are not responsible for, the deletion of your User Content by others who previously had access to your User Content. Furthermore, we reserve the right to limit the storage capacity that may be available to you for storing your User Content on the Univision Services. You are responsible for backing up your User Content, and we are not responsible for any loss or corruption of your User Content.
▪ Univision and our Suppliers are not responsible or liable for others’ use or misuse of any of your User Content.
▪ Your User Content is subject to our Digital Millennium Copyright Act (DMCA) Policy.
10.2. You understand and agree that: (i) when using the Univision Services, you may be exposed to offensive or inappropriate User Content, and Univision and our Suppliers are not responsible or liable for your exposure to such User Content; (ii) Univision and our Suppliers assume no responsibility or obligation to monitor User Content or User conduct on the Univision Services; and (iii) if at any time Univision and/or our Suppliers choose (in their sole discretion) to monitor User Content or User conduct on the Univision Services, Univision and our Suppliers nonetheless are not responsible or liable for User Content or the conduct of any User, or for any monitoring that Univision and/or our Suppliers may conduct on the Univision Services.
10.3. You alone are responsible for your interactions with other Users. When using the Univision Services, all Users are required to:
▪ treat others with courtesy and respect;
▪ not make vulgar, obscene, threatening, harassing, hateful, or discriminatory remarks toward others; and
▪ not engage in bullying, trolling, spamming, phishing, impersonation, hate speech, and other abusive behaviors are strictly prohibited.
To report abusive conduct by any User, please email firstname.lastname@example.org.
10.4. If you have a dispute with another User, you irrevocably and forever release Univision and our Suppliers (including our and their respective successors and assigns) as well as our and their respective officers, directors, employees, agents and representatives, from any and all claims, liabilities and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute.
11. Use of Public Forums. The Univision Services may include public forums such as comment sections, community chat rooms, message or bulletin boards, where Users may post User Content (“ Public Forums”). You understand and agree that: (i) you have no expectation of privacy or confidentiality with respect to any User Content that you post even if you subsequently delete the post; (ii) if you disclose information about yourself or others in a Public Forum, such information may be collected and used by others in a way that is offensive or harmful to you or others, or in a way that violates your or others’ rights. We urge you to not reveal private information about yourself or others in a Public Form. If you choose to reveal information about yourself or others in a Public Form, you do so of your own volition and at your own risk, and you understand and agree that Univision and our Suppliers will not be responsible for others' use or misuse of any information that you disclose in a Public Forum, and you waive any and all claims against Univision and our Suppliers based upon or by reason of others’ use or misuse of such information.
12. Use of Location-Based Features. The Univision Services may include features that depend on knowing a User’s geographical location (a “location-based service feature”). By using a location-based service feature on the Univision Services, you expressly give consent to the collection and use of your location information by the Univision Services in connection with the operation of such feature. In order to use a location-based service feature on a mobile device, it may be necessary for you to enable/turn on GPS tracking on your device.
15. Export Controls. You agree not to export, re-export, or transfer, directly or indirectly, any of the Univision Services, or any U.S. technical data acquired from any of the Univision Services, or any products utilizing such data, in violation of the U.S. export laws or regulations.
16. Reservation of Rights. Univision and our Suppliers reserve the rights to:
▪ discontinue any or all of the Univision Services at any time and with or without notice;
▪ use the Univision Services to violate any applicable law, including engaging in, facilitating, aiding or abetting criminal or other illegal activities;
▪ use the Univision Services to violate the legal rights (including, without limitation, intellectual property rights and rights of privacy and publicity) of any person or entity;
▪ use the Univision Services to impersonate, defame, harass, threaten, bully, or harm another person;
▪ use the Univision Services to upload, post or transmit User Content that (i) is unlawful, threatening, hateful, discriminatory, abusive, pornographic, obscene, defamatory, fraudulent, or otherwise objectionable or offensive, or (ii) that contains virus, spyware, malware, or other harmful code, or (iii) that you do not have the legal right or authorization to disseminate;
▪ use the Univision Services to exploit or endanger a minor;
▪ use the Univision Services to sell, offer, market, advertise or promote third-party goods or services without the express written permission of Univision;
▪ use the Univision Services to send (or cause to be sent) “spam” or other unsolicited bulk messages;
▪ disrupt or interfere in any way with the operation of the Univision Services or any server, network or system associated therewith, or another’s use of the Univision Services;
▪ modify or otherwise make derivative works from, or decompile, disassemble or otherwise reverse engineer, any software or technology component of the Univision Services;
▪ disable, remove, breach, or circumvent any content protection or access control mechanisms (including geo-blocking mechanisms) associated with any of the Univision Services;
▪ access another’s account or a password-protected area on the Univision Services without proper authorization; or
▪ use automated means (scripts, spiders, web crawlers, bots, etc.) (i) to collect or disseminate usernames, passwords, email addresses or other data from the Univision Services; or (ii) to access the Univision Services (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Univision Services, but excluding any search engines or indices that host, promote, or link primarily to infringing or unauthorized content).
To report abusive conduct by any User, please email email@example.com.
All of the Univision Trademarks appearing on the Univision Services are the property of Univision and protected by U.S. (federal and state) and foreign trademark laws. All of the Supplier Trademarks and other third-party marks and logos appearing on the Univision Services are the property of their respective owners.
▪ is personal to you, which means that only you are authorized to access the Univision Services and that you may not sell, lend, rent, lease, transfer, sublicense, or otherwise provide such access to any third party; and
20. Linking to Univision Services. You may link to the Univision Services from your website, application or service, subject to the following conditions:
▪ You may not link to any live stream or live streaming event on the Univision Services (except with our prior written authorization).
▪ Your website, application or service may not disseminate virus, spyware, malware, or other harmful code, and may not feature any content that is unlawful, threatening, hateful, discriminatory, abusive, pornographic, obscene, defamatory, fraudulent, or otherwise objectionable to Univision.
▪ You may not misrepresent or falsely suggest that your website, application or service is sponsored, endorsed or approved by, or is affiliated or otherwise connected or associated with, Univision.
▪ You may not publish false, misleading or inaccurate information about, or otherwise disparage, Univision or any of the Univision Services.
▪ We are under no obligation to support your link.
We reserve the right to deny you the permission to link to the Univision Services at any time for any reason in our sole and absolute discretion. Upon our request, you must promptly edit and/or delete your link to the Univision Services. By linking to the Univision Services, you acknowledge acceptance of all of the above conditions and agree to be bound by them. If you do not agree, you must not link to the Univision Services. Any deviation from the above conditions must be specifically authorized in writing by us.
21. General Disclaimers. You understand and agree as follows:
▪ THE UNIVISION SERVICES ARE FOR GENERAL INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND ARE NOT INTENDED TO ADVISE, INSTRUCT OR MAKE RECOMMENDATIONS WITH RESPECT TO ANY PARTICULAR SUBJECT, MATTER, MATERIAL, PROBLEM, SITUATION OR INDIVIDUAL.
▪ THE UNIVISION SERVICES, AS WELL AS ALL USER 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, UNIVISION AND OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE UNIVISION SERVICES AND ALL USER CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. UNIVISION AND OUR SUPPLIERS DO NOT WARRANT THE AVAILABILITY, ACCESSIBILITY, COMPLETENESS, CORRECTNESS, ACCURACY, USEFULNESS, TIMELINESS, RELIABILITY OR SAFETY OF, OR THE RESULTS OF YOUR USE OF OR RELIANCE UPON, THE UNIVISION SERVICES OR ANY USER CONTENT.
▪ WITHOUT LIMITATION TO THE GENERALITY OF THE ABOVE, UNIVISION AND OUR SUPPLIERS DO NOT WARRANT THAT THE UNIVISION SERVICES, AS WELL AS ALL USER CONTENT, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE UNIVISION SERVICES, AS WELL AS ALL USER CONTENT, WILL BE SECURE, SAFE, AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OR RELIANCE UPON THE UNIVISION SERVICES OR ANY USER CONTENT, IS ENTIRELY AT YOUR OWN RISK.
NOTHING IN THIS SECTION AFFECTS ANY CONSUMER RIGHT OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Additional Disclaimers. Certain Content made available on the Univision Services is subject to additional disclaimers as stated below. You understand and agree that any action or non-action based upon any such Content is solely at your own risk and under no circumstances will Univision be liable in any way with regard thereto.
▪ Health and Wellness Related Content: We do not provide medical advice. Any health or wellness related Content on the Univision Services is not intended to constitute or substitute for professional medical advice, diagnosis or treatment. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Univision Services. Nor should you rely on any health or wellness related Content on the Univision Services to self-diagnose, treat, cure, or prevent any medical condition. If you have a medical emergency, call your doctor or 911 immediately.
▪ Business, Finance and Tax Related Content: We do not provide business, financial or tax advice. Any business, finance or tax related Content on the Univision Services is not intended to constitute or substitute for professional advice. You should always consult with a qualified professional with regard to business, financial, and tax matters.
▪ Investment Information: Stock, mutual fund, bond, and other financial instruments related price quotes, news stories, and other information and data related to the investment and financial markets, as well as reference materials and links to relevant third-party sites, are provided for convenience only, and we make no warranty as to their accuracy or timeliness. We do not endorse any investment opinions, views or recommendations, or advocate the purchase or sale of any stock, security, mutual fund or investment. Nor do we recommend the use of any particular trading or investment strategy. You should always consult with a qualified professional prior to investing in the stocks, mutual funds, bonds, or other financial instruments.
▪ Links to Online Trading Services: The Univision Services may contain links to third-party online trading services. These online trading services are provided by stock brokers, dealers and mutual fund companies (and not by Univision), and they are solely responsible for any services they provide to you. WE ARE NOT A REGISTERED BROKER, DEALER OR MUTUAL FUND COMPANY AND WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR BROKER, DEALER OR MUTUAL FUND COMPANY.
▪ Links to Online Banking, Payment, Money Transfer, and Other Online Financial Services: The Univision Services may contain links to third-party online banking, payment, money transfer, and/or other online financial services (collectively, “ Online Financial Services”). These Online Financial Services are provided by banks or other financial institutions (and not by Univision, even though some of these services may be co-branded with Univision Trademarks for marketing purposes), and the applicable banks or financial institutions are solely responsible for the operation of these services. Use of these Online Financial Services is governed by the service contracts you enter into with the applicable banks or financial institutions, and they may charge you for using these Online Financial Services.
▪ Government Policy, Immigration, Individual’s Rights, Legal Justice, and Law Related Content (Collectively, “Law Related Content”): We do not provide legal advice. Any Law Related Content on the Univision Services is not intended to constitute or substitute for legal advice. You should not act or rely on any Law Related Content without seeking the advice of an attorney. You should never disregard the advice of an attorney or delay in seeking it because of something you have read on the Univision Services.
▪ Horoscope and Astrology Related Content: Such Content is for entertainment purposes only and does not constitute advice, instruction or recommendation as to any problem, situation or individual. When we refer to astrological influences, we are not trying to give solutions to any problem in particular. Therefore, you should not base any decision to act (or not to act) on any such Content.
23. Limitations of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL UNIVISION OR ANY OF OUR SUPPLIERS:
▪ 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) RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, ANY OF THE UNIVISION SERVICES OR ANY USER CONTENT, REGARDLESS OF WHETHER OR NOT UNIVISION AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
▪ BE LIABLE (ON AN AGGREGATE BASIS) TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, ANY OF THE UNIVISION SERVICES OR ANY USER CONTENT, IN AN AMOUNT THAT EXCEEDS (i) THE AMOUNT (IF ANY) ACTUALLY PAID BY YOU TO ANY OF THE UNIVISION SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM(S), OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS.
▪ BE SUBJECT TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE UNIVISION SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR IN CONNECTION WITH THE UNIVISION SERVICES OR ANY ACT OR OMISSION BY UNIVISION OR ANY OF OUR SUPPLIERS, ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO SUCH AN INJUNCTION OR OTHER EQUITY RELIEF.
NOTHING IN THIS SECTION AFFECTS ANY CONSUMER RIGHT OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
25.2. Arbitration is more informal than a lawsuit. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages ). BY AGREEING TO ARBITRATE, YOU AND UNIVISION EACH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT; except that either you or Univision may bring an individual action in a small claims court for a Claim that is within such court's jurisdictional authority.
25.3. Any arbitration between you and Univision shall be conducted by the Judicial Arbitration and Mediation Services, Inc. (“ JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “ JAMS Rules”), as modified by this arbitration agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Univision cannot agree on the choice of the single arbitrator, the arbitrator shall be appointed pursuant to the JAMS Rules, with the participation and involvement of you and Univision pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
25.4. In order to commence arbitration, you or we must first send via certified mail to the other a written Notice of Dispute (“ Notice”) that sets forth the name, address, and contact information of the party giving notice, the Claim(s) and the specific facts giving rise to the Claim(s), and the relief requested. Your Notice to us must be sent via certified mail to Univision Legal Department, 605 Third Avenue,12th Floor, New York, NY 10158, ATTN.: Dispute. We will send any Notice to you at the contact information we have for you. It is the sender’s responsibility to ensure that the recipient receives the Notice. During a period of 45 days following our or your receipt of a Notice, you and we will make reasonable efforts to resolve the Claim(s) through informal negotiations, and arbitration cannot commence during such 45-day period. If we do not resolve the Claim(s) within such 45-day period, then either you or we may initiate arbitration in accordance with the JAMS Rules.
25.6. Any arbitration between you and Univision must be held either: (i) at a location determined pursuant to the JAMS Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Univision; or (iii) if the only Claim(s) in the arbitration is/are asserted by you and is/are for less than $10,000 in aggregate, then (at your election) by telephone or by written submission.
25.7. The arbitrator shall: (i) apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the laws of the United States, irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief consistent with applicable laws.
25.8. The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s determination of the dispute/claim and the factual findings and legal conclusions relevant to it (an “ Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
25.9. Other than an arbitration initiated by you against Univision that was determined by the arbitrator to be frivolous or have been brought for an improper purpose, Univision will pay the arbitration filing and arbitrator fees, or reimburse you for the payment of such fees. If you prevail in the arbitration and the arbitrator issues you an award that is greater than the value of Univision’s last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater, and will also pay (or reimburse you for) your reasonable attorneys’ fees and other legal expenses incurred in the arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
25.10. You and Univision each agree to maintain the confidential nature of the arbitration and not to disclose the fact of the arbitration, any documents exchanged as part of any mediation or proceedings of the arbitration, the arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or a valid court order.
25.12. CLASS ACTION WAIVER:YOU AND UNIVISION AGREE THAT: (i) ANY CLAIM WILL BE BROUGHT IN ANY FORUM IN AN INDIVIDUAL CAPACITY ONLY, AND WILL NOT BE BROUGHT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; (ii) NEITHER YOU NOR UNIVISION WILL SEEK TO HAVE A CLAIM HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PURPORTS TO ACT IN A REPRESENTATIVE CAPACITY; AND (iii) NO ARBITRATION OR OTHER PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION OR PROCEEDING. If the foregoing class action waiver is found to be illegal or unenforceable as to all or some parts of a Claim, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
26. Governing Law; Jurisdiction.
Digital Millennium Copyright Act (DMCA) Policy
Under the DMCA, copyright owners may contact our designated agent (listed below) to report User Content on the Univision Services that is believed to infringe their protected works. Upon receipt of a proper notification that satisfies the requirements of the DMCA, we will remove or block access to the allegedly infringing User Content. If you believe in good faith that a notice of alleged copyright infringement has been wrongly filed against your User Content, you may submit a counter-notification in accordance with this DMCA Policy. Univision shall not be made a party to disputes over alleged copyright infringement.
Our Designated Agent: The following is our designated agent for receiving notifications of claimed copyright infringement on the Univision Services:
Univision Communications Inc.
8551 NW 30 th Terrace
Miami, FL 33122
Notice of Claimed Copyright Infringement: Notification of claimed copyright infringement must be in writing and sent to our designated agent listed above, and must include the following information:
▪ identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of such works;
▪ identification of the material to enable Univision to locate the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
▪ address, telephone number, and if available, an email address at which the complaining party may be contacted;
▪ a statement that the complaining party has a good faith belief that use of the identified material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
▪ a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if your User Content was removed by us in response to a third party’s notification of claimed copyright infringement, and if you believe in good faith that the removal was due to mistake or misidentification of the material sought to be removed, you may make a counter-notification with our designated agent listed above. If we receive a valid counter-notification, we may reinstate the removed or disabled User Content in accordance with the DMCA. A counter-notification must be in writing and include the following information:
▪ 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;
▪ a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
▪ your name, address, telephone number and (if available) email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of New York, U.S.A., if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person; and
▪ your physical or electronic signature.
Upon receipt of a valid counter notification from you, we are required to (i) give a copy of your counter notification to the copyright claimant and (ii) inform the copyright claimant that we will restore the removed material in 10 business days, unless our designated agent first receives notice from the copyright claimant that the copyright claimant has filed a court action seeking injunction with respect to your User Content.
Under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.