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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. |