Terms of Use

Welcome to NYLatinos.net! We are a social networking service that allows Members to connect with people via individual personal profiles online in order to find and communicate with old and new friends and share their interests with one another.

Terms of Use:
The following terms and conditions govern all use of the NYLatinos.net website and all content, services and products available at or through the website, including, but not limited to, the NYLatinos.net Forum, (taken together, the "Website" or "we"). The Website is owned and operated by Podcastorio LLC ("Podcastorio ") and is hosted in the U.S. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Podcastorio 's Privacy Policy) and procedures that may be published from time to time on this Site by Podcastorio (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By using the Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the NYLatinos Website) or you are a "Member" (which means that you have registered with NYLatinos.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you are not in agreement with the Terms of Use Agreement, you should leave the NYLatinos Website and discontinue use of the Website immediately. If you wish to become a Member, communicate with other Members and make use of the Website, you must read this Agreement and indicate your acceptance during the Registration process. NYLatinos.net may modify this Agreement at any time and without any prior notice. Any modifications shall be effective upon posting by NYLatinos.net on the NYLatinos Website. You agree to be bound to any changes to this Agreement when you use the NYLatinos Services after any such modification is posted.
In order to participate in certain NYLatinos Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the NYLatinos Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Your NYLatinos.net Account and Site.
If you create a blog or post Content on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Podcastorio may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Podcastorio liability. You must immediately notify Podcastorio of any unauthorized uses of your blog, your account or any other breaches of security. Podcastorio will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Membership is non-transferable. Use of and Membership in the NYLatinos Services is void where prohibited and for users under the age of 14. By using the NYLatinos 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 NYLatinos 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 less than 14 years of age.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, post on the forum or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video file or computer software.

By making Content available, you represent and warrant that:
a)the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b)you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
c)the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
d)the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
e)the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
f)it does not involve commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
g)The content does not solicit personal information from users under age 18;
h)your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
i)you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Podcastorio or otherwise.

Despite this prohibition, information provided by other NYLatinos.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NYLatinos.net assumes no responsibility or liability for this material. If you become aware of misuse of the NYLatinos Services by any person, please contact NYLatinos.net or email abuse [at] nylatinos [dot] net.

NYLatinos.net reserves the right to investigate and take appropriate legal action against anyone who engages in activity on the website that is illegal and/or prohibited on the Website. Illegal/prohibited activity includes, but is not limited to:
a)criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b)advertising to, or solicitation of, any Member to buy or sell any products or services through the NYLatinos Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the NYLatinos Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
c)any automated use of the system, such as using scripts to add friends or send comments or messages;
d)any data-mining programs, bots or hacks;
e)using the Website to harass, abuse, harm or impersonate another person;
f)using the NYLatinos Services in a manner inconsistent with any and all applicable laws and regulations.

By submitting Content to Podcastorio for inclusion on the Website, you grant Podcastorio a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Podcastorio will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Podcastorio has the right (though not the obligation) to, in Podcastorio 's sole discretion (i) refuse or remove any content that, in Podcastorio 's reasonable opinion, violates any Podcastorio policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Podcastorio 's sole discretion. Podcastorio will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment. Optional premium paid services such as extra storage are available on the Website. By selecting a premium service you agree to pay Podcastorio the annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for an annual period as indicated. Premium service fees are not refundable.

Premium Service.
Fees; Payment. By signing up for a Premium Service account you agree to pay Podcastorio the setup fees and monthly hosting fees indicated on the sign up page in exchange for the services listed on the sign up page. Applicable fees will be invoiced starting from the day your Premium Service are established and in advance of using such services. Podcastorio reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Service can be canceled by you at anytime on 30 days written notice to Podcastorio .

Support.
To reach NYLatinos.net support, Members may send a message via the site contact form or send an email to support[at]nylatinos[dot]net.

Privacy.
Use of the NYLatinos Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Member Disputes.
You are solely responsible for your interactions with other NYLatinos.net Members. Be safe and be civil. NYLatinos.net may choose to and reserves the right to monitor disputes between you and other Members but is not obligated to do so.

Responsibility of Website Visitors.
Podcastorio has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Podcastorio does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Podcastorio disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which NYLatinos.net links, and that link to NYLatinos.net. Podcastorio does not have any control over those non-NYLatinos websites and webpages, and is not responsible for their contents or their use. By linking to a non-NYLatinos website or webpage, Podcastorio does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Podcastorio disclaims any responsibility for any harm resulting from your use of non-NYLatinos websites and webpages.

Copyright Infringement and DMCA Policy.
As Podcastorio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NYLatinos.net violates your copyright, you are encouraged to notify Podcastorio via email to admin[at]nylatinos[dot]net Subject: Copyright Notification. You agree to include in your notification: Identification of the copyrighted work/s claimed to have been infringed, physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, identification of the material that is claimed to be infringing and contact information for the authorized representative of the copyright holder such as address, telephone number and e-mail address. You must also supply a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You agree that if you fail to comply with the preceding provision your Copyright Notification claim may not be valid. Podcastorio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Podcastorio or others, Podcastorio may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Podcastorio will have no obligation to provide a refund of any amounts previously paid to Podcastorio .

Intellectual Property.
This Agreement does not transfer from Podcastorio to you any Podcastorio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Podcastorio . Podcastorio, NYLatinos.net, the NYLatinos.net logo, and all other trademarks, service marks, graphics and logos used in connection with NYLatinos.net, or the Website are trademarks or registered trademarks of Podcastorio or Podcastorio 's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Podcastorio or third-party trademarks.

Changes.
Podcastorio reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Podcastorio may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.
Podcastorio may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your NYLatinos.net account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a PREMIUM Service account, such account can only be terminated by Podcastorio if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Podcastorio 's notice to you thereof; provided that, Podcastorio can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Podcastorio reserves the right to terminate use of and access to the Website for Users found violating this agreement. Member agrees that if their account is terminated due to a violation of this Agreement the Member will not be entitled to any fees paid to Podcastorio LLC.

Disclaimer of Warranties.
The Website is provided "as is". Podcastorio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Podcastorio nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.
IN NO EVENT SHALL NYLatinos.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NYLatinos WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NYLatinos WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NYLatinos.net SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NYLatinos.net's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NYLatinos.net FOR THE NYLatinos SERVICES DURING THE TERM OF MEMBERSHIP.

General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Podcastorio Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.
You agree to indemnify and hold harmless Podcastorio , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous.
This Agreement constitutes the entire agreement between Podcastorio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Podcastorio , or by the posting by Podcastorio of a revised version. The failure of NYLatinos.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. NYLatinos.net is a site owned and operated by Podcastorio LLC. NYLatinos is a trademark of Podcastorio LLC. If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either NYLatinos.net or you may demand that any dispute between NYLatinos.net and you about or involving the Website must be settled by mediation or arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent NYLatinos.net from seeking injunctive relief in a court of competent jurisdiction. The arbitration shall take place in New York City, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Podcastorio may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
To obtain a copy of this agreement you may contact support [at] nylatinos [dot] net Subject: Terms of Use.

BY USING NYLatinos.net, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Modified from Wordpress Terms of Use.

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 Unported License.