LatinosNJ.com - New Jersey News, Local, National, International, Latin America, Caribbean

TERMS OF USE AGREEMENT

Effective October 2007

LatinosNJ.com is an online service provided by LatinosNJ.com, LLC, a New Jersey limited liability company (“LatinosNJ”). This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the LatinosNJ.com Services. By using the LatinosNJ.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the LatinosNJ Website) or you are a "Member" (which means that you have registered with LatinosNJ.com). The term "User" refers to a Visitor or a Member. The term “Member Content” refers to content posted by Members on the LatinosNJ Website. The term “Content” refers to content appearing on the LatinosNJ Website.

You are only authorized to use the LatinosNJ.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the LatinosNJ Website and discontinue use of the LatinosNJ.com Services immediately.

LatinosNJ.com may modify this Agreement from time to time and such modification shall be effective upon posting by LatinosNJ.com on the LatinosNJ Website. You agree to be bound to any changes to this Agreement when you use the LatinosNJ.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

LatinosNJ may, in its sole discretion, add, delete, modify or amend features and/or services contained within the LatinosNJ.com Website.

LatinosNJ.com cares deeply about online privacy. If you have any questions concerning the privacy policies of LatinosNJ , please read our Privacy Policy.

Eligibility and Registration

Use of and Membership of the LatinosNJ.com Services is void where prohibited. By using the LatinosNJ.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the LatinosNJ.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

You acknowledge that LatinosNJ.com reserves the right to charge for the LatinosNJ.com Services and to change its fees from time to time in its discretion. If LatinosNJ.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Membership in the Service is void where prohibited. By using the Service or the Website, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. LatinosNJ.com may terminate your Membership and/or prohibit you from using or accessing the Service or the Website for any reason, at any time.

Information Collection and Use by LatinosNJ.com

LatinosNJ.com collects user submitted information such as name, email address, and age to authenticate users and to send notifications to those users relating to the LatinosNJ.com Service. LatinosNJ.com also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist users in finding and communicating with each other.

LatinosNJ.com also logs non-personally-identifiable information including IP address, and browser type from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information (IP address and browser type) may be shared with, third-parties to provide more relevant services and advertisements to Members. User IP addresses are recorded for security and monitoring purposes.

Use of Cookies

LatinosNJ.com may use cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from LatinosNJ.com in order to use most functions on the site Please note that LatinosNJ allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the LatinosNJ Privacy Policy.

Links

LatinosNJ may provide links to other web sites or resources. Because LatinosNJ has no control over such sites and resources, you acknowledge and agree that LatinosNJ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the policies or terms of use of any such sites or resources or any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LatinosNJ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Chat Rooms, Journals and WebLogs, Blogs, Message Boards, Classifieds and Public Forums

Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Blogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through LatinosNJ.com Website, or transmit to other Members (collectively the "Member Content"). While LatinosNJ.com reserves the right to monitor the posting of information on or through LatinosNJ.com Website, LatinosNJ assumes no responsibility for personal information or inappropriate Content that may temporarily appear on the Website. You understand and agree that LatinosNJ , LLC may review and delete or remove any Member Content that in the sole judgment of LatinosNJ , LLC violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. If at any time LatinosNJ.com chooses, in its sole discretion, to monitor the LatinosNJ.com Services, LatinosNJ.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. LatinosNJ.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Additionally, you alone are responsible for the consequences of any Content you post or otherwise make available on or through LatinosNJ .
You agree not to use LatinosNJ.com to post, distribute, or otherwise make available any content or materials (including but not limited to text, graphics, video, software programs or audio) that are unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. Additionally, you agree not to impersonate any other person or entity, including impersonating an employee or consultant of LatinosNJ .

By posting Member Content to any part of the LatinosNJ.com Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

You may remove your Member Content from the Website at any time. If you choose to remove your Member Content, the license granted above will automatically expire.

Correcting/Updating or Removing Information

LatinosNJ.com users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.

Advertising

Ads appearing on this Website may be delivered to users by LatinosNJ.com or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by LatinosNJ.com and does not cover the use of cookies by any advertisers.

Proprietary Rights in Content Posted on Website

All content on the LatinosNJ Website, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of LatinosNJ , LLC or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without LatinosNJ,LLC’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the LatinosNJ Website are either trademarks or registered trademarks of LatinosNJ , LLC or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LatinosNJ , LLC.

Prohibited Content

Below is a partial list of the kind of Content that is illegal or prohibited on the LatinosNJ Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to Content which, in our sole judgment:

is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music or links to pirated music files, or (4) Content which otherwise violates the terms of Section 8 below;
displays pornographic or sexually explicit material of any kind;
includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
solicits people you don't know to add you or accept you as a friend on the Service
constitutes spamming of search engines, defined as the use of redundant or unethical techniques to improve search engine placement and give irrelevant pages high search engine ranking.

Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the LatinosNJ Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure.

Your Account and Password

LatinosNJ.com member accounts are secured by member-created passwords LatinosNJ.com takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.

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 LatinosNJ.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Sharing and Disclosure of Information LatinosNJ.com Collects

Except as otherwise described in the LatinosNJ Privacy Policy or set set forth in the LatinosNJ Membership Agreement, LatinosNJ will not disclose personal information to any third party unless we believe that disclosure is necessary (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by LatinosNJ.com, whether or not a response is required by applicable law; (2) to enforce the LatinosNJ.com Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and Users of the LatinosNJ Service. LatinosNJ will be permitted to disclose personal information in accordance with the express consent of its Members as set forth in the LatinosNJ Membership Agreement and Privacy Policy.

LatinosNJ reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of LatinosNJ or substantially all of its assets to that successor in interest For more information see the "Changes in Our Privacy Policy" section below.

Changes in Our Privacy Policy

From time to time we may make changes to our privacy policy If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the policy when she or he uses the site after those changes have been posted If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on the LatinosNJ Website for 30 days. Click here to view our full Privacy Policy.

Copyright Policy

LatinosNJ respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the LatinosNJ Website, please contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the LatinosNJ Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Member Disputes

We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.

Disclaimer

LatinosNJ is not responsible for any incorrect or inaccurate Content posted on the LatinosNJ Website or in connection with the Service, whether posted or caused by users of the LatinosNJ Website, Members or by any of the equipment or programming associated with or utilized in the LatinosNJ Website or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the LatinosNJ Website or Member of the Service. The LatinosNJ Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. LatinosNJ assumes 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, user or Member communications. The Company is 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 email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the LatinosNJ Website or the Service, any Content posted on or through the LatinosNJ Website or the Service or transmitted to Members, or any interactions between users of the LatinosNJ Website or Members, whether online or offline. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH ANY OF THE LATINOSNJ AREAS, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH LATINOSNJ . THE LATINOSNJ WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE LATINOSNJ WEBSITE AND/OR THE SERVICE.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL LATINOSNJ BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE LATINOSNJ WEBSITE OR THE SERVICE, OR ARISING OUT OF THE INABILITY TO ACCESS THE WEBSITE OR SERVICES AT ANY TIME DUE TO COMPUTER MALFUNCTIONS, COMPUTER VIRUSES OR OTHER TECHNOLOGICAL BARRIERS PREVENTING ACCESS TO THE WEBSITE OR SERVICES, EVEN IF LATINOSNJ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LATINOSNJ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE TOTAL FEES ACTUALLY EARNED BY LATINOSNJ FROM YOU (AFTER PAYMENTS TO OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS ($100). LATINOSNJ WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LATINOSNJ IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

LATINOSNJ IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL LATINOSNJBE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY LATINOSNJ, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. In each case, LatinosNJ will provide you with written notice of such claim, suit or action. LatinosNJ shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

Governing Law and Jurisdiction

By visiting or using the LatinosNJ Website and/or the Service, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LatinosNJ , Inc. or any of its affiliates.

Any dispute relating in any way to the LatinosNJ Website and/or the Service (including your visit to or use of the LatinosNJ Website and/or the Service) shall be submitted to confidential arbitration in Hackensack, New Jersey, except that, to the extent you have in any manner violated or threaten to violate LatinosNJ , LLC. or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New Jersey.

Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the LatinosNJ Website and/or the Service (including your visit to or use of the LatinosNJ Website and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Severance

In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.

Indemnity

You agree to indemnify and hold LatinosNJ , LLC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the LatinosNJ Website in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms of Use, together with the Privacy Policy and any other policies or agreements of LatinosNJ posted by us on the LatinosNJ Website, constitute the entire agreement between you and LatinosNJ regarding the use of the LatinosNJ Website and/or the Service, superseding any prior agreements between you and LatinosNJ relating to your use of the LatinosNJ Website or the Service. The failure of LatinosNJ to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Contacting the Website

If you have any questions about the Terms Of Use Agreement, the practices of this site, or your dealings with the LatinosNJ Website, please contact us at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.