| BY ACCESSING OR USING LATINMUSICBOOKING.COM, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF
YOU DO NOT WISH TO BE BOUND BY THIS USER AGREEMENT, YOU MAY NOT
ACCESS OR USE LATINMUSICBOOKING.COM. Acceptance of User Agreement. Welcome to latinmusicbooking.com!
LatinMusicBooking.com, inc. ("latinmusicbooking") provides its service to you conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this User Agreement (the "User Agreement"). The User Agreement may be updated and modified by us from time to time without notice to you. You can review the most current version of the User Agreement at any time by clicking on Terms of Service on the Home Page. In addition, when using particular latinmusicbooking services, you and latinmusicbooking shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference in the User Agreement.
Description of Service. LatinMusicBooking provides users with access to a large
collection of on-line resources including, but not limited to, content, news, search
capabilities, chat rooms, customization features and shopping services (the "Service").
Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the terms, conditions and notices contained in the User Agreement. You understand that the Service is provided "AS IS" and that latinmusicbooking assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or customization settings.
Access to the Service. LatinMusicBooking is providing you with capability to use the Service and latinmusicbooking does not charge for looking through the Service. You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.
Eligibility for Membership. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (unless wavier of guardian is on file). If you do not qualify, please do not use the Service. LatinMusicBooking or any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the Service to anyone at any time, in our sole discretion.
Registration Obligations. In consideration of your membership in the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Information"); (b) to maintain and promptly update the Registration Information to keep it true, accurate and complete; and (c) that you will not use the Service for any purpose that is unlawful or prohibited by the User Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if latinmusicbooking has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, latinmusicbooking has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Member Conduct.
1. You understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. In other words, you, and not latinmusicbooking, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. LatinMusicBooking does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will latinmusicbooking be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted to you via the Service.
2. You agree not to use the Service to: (1) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially ethnically or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity, including, but not limited to, a latinmusicbooking official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (5) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for that purpose; (8) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (9) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users' ability to engage in real time exchanges; (10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (11) intentionally or unintentionally violate any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the Nasdaq, and any regulations having the force of law; (12) "stalk" or otherwise harass another; or (13) collect or store personal data about others.
3. You acknowledge that latinmusicbooking does not pre-screen Content, but that latinmusicbooking and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, latinmusicbooking and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by latinmusicbooking or submitted to latinmusicbooking.
4. You acknowledge and agree that latinmusicbooking may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the User Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of latinmusicbooking, its users and the public.
5. You understand that the technical processing and transmission of the Service, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service. LatinMusicBooking does not endorse or represent the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on the Service. Any items purchased or obtained by any user through the Service is done at the user's sole risk. Any Content related to business, finance and/or securities matters and the like contained on the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. LatinMusicBooking shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Public Content Posted to the Service. With respect to all Content you elect to post for inclusion in publicly accessible areas of the Service or that consists of photos or other graphics you elect to post to any publicly accessible area of the Service, you grant latinmusicbooking the world-wide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. For purposes of the User Agreement, "publicly accessible areas of the Service" are those areas accessible by the general public.
Proprietary Rights. You agree that the Service and any necessary software used in connection with the Service may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by latinmusicbooking or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. All Content of the Service is: Copyright (c) 2000 latinmusicbooking.com or third party content providers and are protected by international copyright law. All rights reserved. latinmusicbooking and latinmusicbooking.com are trademarks of latinmusicbooking.com
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to Service.
Advertising. You may enter into correspondence with or participate in promotions of advertisers on the Service showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding user and the advertiser. LatinMusicBooking assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Dealings with Advertisers. Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that latinmusicbooking shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Links to Third Party Sites. LatinMusicBooking provides links to other web sites or resources. Because latinmusicbooking has no control over such sites and resources, you acknowledge and agree that latinmusicbooking is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that latinmusicbooking shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.
International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Indemnification. You agree to indemnify and hold latinmusicbooking, its directors, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content you submit, post to or otherwise transmit through the Service, your use of the Service, your connection to the service. your violation of the User Agreement or your infringement of any intellectual property or other right of any other person or entity.
Enforcement. LatinMusicBooking has no ability to prevent or restrict conduct,
communications or Content which might violate the User Agreement prior to its transmission on or through the Service, nor can latinmusicbooking ensure prompt removal of any such communications or Content after transmission or posting. Accordingly, latinmusicbooking does not assume responsibility to you or others for any failure by latinmusicbooking to enforce the provisions contained in the User Agreement.
Termination. You agree that latinmusicbooking, in our sole discretion and with or without notice, may terminate your artist listing, account (or any part thereof) or use of the Service (or any part thereof) for any reason, including, without limitation, for lack of use or if latinmusicbooking believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. LatinMusicBooking may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the User Agreement may be effected without prior notice, and acknowledge and agree that latinmusicbooking may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that latinmusicbooking shall not be liable to you or any third-party for any termination of your access to the Service.
General Acknowledgments. You acknowledge that latinmusicbooking may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on latinmusicbooking's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that quepasa has no responsibility or liability for the failure of the Service and the deletion of other Content maintained or transmitted by the Service. LatinMusicBooking reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that latinmusicbooking shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further acknowledge that latinmusicbooking reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Privacy.
1. LatinMusicBooking will take reasonable measures to respect the privacy of its users. LatinMusicBooking reserves the right to disclose the Registration Information to third parties in our discretion. The information entered or posted through the Service, including without limitation, on directories, during chat, during registration or thereafter, on the message boards, personal web pages or classified ads, may be available to the public.
2. Unless produced by latinmusicbooking, the information you access or receive by using the Service or information sent to you by other users is provided, entered or posted by the users and is not reviewed, controlled, examined, verified or endorsed by latinmusicbooking. The data and information you send and receive may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, "sniffing," "spamming," "nuking," "hacking," "spoofing," imposturing, breaking passwords, harassment, fraud, forgery, and system contamination including use of viruses, "worms," and "Trojan" applications causing unauthorized, damaging, harmful access and/or retrieval of information and data on your computer and other forms of activities that may even be considered unlawful. Information and data may also not reach its destination or may reach an erroneous address or recipient.
3. YOU ARE ADVISED NOT TO USE OR RELY ON THE SERVICE AND INFORMATION RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" MEANS ANY NFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. "MISSION CRITICAL" APPLICATIONS AND USE MEANS APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
4. LatinMusicBooking gathers information related to your use of the Service to better understand how our users, as a group, use the Service and the various features thereof, as well as to help us fit offerings to you as an individual and to conduct market research. Various data may be used by latinmusicbooking for commercial purposes, including advertising, targeted advertising, marketing, and promotional activities.
5. You are responsible for maintaining the confidentiality of your booking account, and are fully responsible for all activities which occur under your account.
6. Caution! Receiving files from third parties, via any application (i.e., email) may be harmful. Before receiving any files from any user, and even if the account from which the file transfer notice is sent looks familiar to you, it is strongly recommended that you verify that the person sending you these files is indeed the person you think he or she is, for example by asking for some kind of information known only to the two of you. Please make sure not to receive files from users you do not trust, from users you are not sure they are whom they say they are, or whenever you are not sure you want to receive the files.
7. Please report any violations of the User Agreement through the feedback area located on the home page.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT TO THE SERVICE, LATINMUSICBOOKING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. LATINMUSICBOOKING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) AND ANY ERRORS IN THE SERVICE'S SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LATINMUSICBOOKING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
LIMITATION OF LIABILITY. LATINMUSICBOOKING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF LATINMUSICBOOKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Arbitration. Any controversy or claim arising out of or relating to the User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy or claim of any other party. The arbitration shall be conducted in Tucson, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or LATINMUSICBOOKING may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you or LATINMUSICBOOKING pending the completion of arbitration.
Governing Law. The User Agreement and the relationship between you and
LATINMUSICBOOKING shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflicts of law provisions.
Waiver. LATINMUSICBOOKING's failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LATINMUSICBOOKING in writing.
Severability. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the User Agreement shall remain in full force and effect.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the User Agreement or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the User Agreement are for convenience only and have no legal or contractual effect. If you have any questions regarding the Service or the User Agreement, please contact our customer service department. |
