Terms of Service

Last Updated: 01/01/2017

Introduction

Welcome to latinachicks.com (the “Site”). Thank You for visiting and have a great time! The Site shall sometimes be referred to as (“We”, “Us”, “Our”, and “Ours”). You shall sometimes be referred to as (“You”, “Your”, “Yours”, “Yourself”). You and the Site shall also sometimes be referred to as the “Party” in the singular and the “Parties” in the plural.

It is important to us that You, and Our other visitors, have the best possible experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Service as the legally binding terms to govern your use of this Site.

The Terms of Service shall sometimes be referred to as (the “Agreement”).

All comments, complaints or support related issues shall be submitted electronically to the Site by electronic mail to: support@latinachicks.com.

Please read these Terms of Service carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with these Terms of Service or any part hereof then please leave the Site immediately. These Terms of Service constitute a legally binding contract between you and the Site.

By utilizing the Site you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Site and these Terms of Service.

1. Your Acceptance

By using or visiting the Site or any of the Site's products, software, data feeds, and services provided to You on, from, or through the Site (collectively the "Services"), you signify your agreement to: (1) these terms and conditions (the "Terms of Service"); (2) Our Privacy Policy incorporated herein by reference; and (3) Our Community Guidelines also incorporated herein by reference. If You do not agree to anything contained in these Terms of Service, the Privacy Policy, or the Community Guidelines, please do not use the Services.

From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the Parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.

We agree that if We change anything in this Agreement, We will change the “Last Updated” date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. A link to the Agreement is available at the bottom of the home page of the Site. You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “Last Updated” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “Last Updated” date has changed, then You can be certain that something in the Agreement has been changed, and that You need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions. Following your notice of any modifications to this Agreement, if you do not agree to any portion of the modifications, you should terminate your use of the Site immediately. Your continued use of the Site now, or following the posting of notice of any changes to these Terms of Use, shall constitute a binding acceptance by You of these Terms of Service, or any subsequent modifications.

Waiver if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.

2. Service

These Terms of Service apply to all users of the Services, including users who are also contributors of Content on the Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials You may view on, access through, or contribute to the Services. The Services includes all aspects of the Site, including but not limited to all products, software and services offered via the Site.

The Services may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party websites. By using the Service, You expressly relieve Us from any and all liability arising from Your use of any third-party website.

Accordingly, We encourage You to be aware when You leave the Site and to read the terms and conditions and privacy policy of each other website that You visit.

Sexually Explicit Material and Minors

This Site contains information, links, images, audio, and videos of sexually explicit material (collectively, the "Sexually Explicit Material"). Please leave the Site immediately if:

  1. You are not at least Eighteen (18) years of age or the age of majority in each and every jurisdiction in which You will or may view the Sexually Explicit Material, whichever is higher (the “Age of Majority”);
  2. the Sexually Explicit Material offends You; or
  3. viewing the Sexually Explicit Material is not legal in each and every community where You may view it.

By choosing to enter and continue to utilize the Site, you are affirming under oath and penalties of perjury that all of the following statements are completely true and correct:

  1. I have attained the Age of Majority in my jurisdiction;
  2. The Sexually Explicit Material that I am viewing is for my own personal use and entertainment and I will not expose any minor to the Sexually Explicit Material;
  3. I desire to receive, view and/or download the Sexually Explicit Material;
  4. It is my legal right to receive, view, and/or download the Sexually Explicit Material;
  5. I believe that sexual acts between consenting adults are neither offensive nor obscene and I desire to view and/or download the Sexually Explicit Material;
  6. The viewing, reading and downloading of Sexually Explicit Material does not violate the standards of any community, town, city, state or country where I will be viewing, reading and/or downloading the Sexually Explicit Material;
  7. I am solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any of the Sexually Explicit Material. I further agree that neither the Site nor its affiliates, agents and operators can or will be held responsible for any legal ramifications arising from any fraudulent entry into or use of the Site;
  8. I understand and agree that my use of the Site is governed by these Terms of Service, Our Community Guidelines, and the Site's Privacy Policy, which I have carefully reviewed and unconditionally accepted, and I agree to be legally bound by these Terms of Service, the Community Guidelines and Privacy Policy. I further agree that I have had the time and opportunity to consult with an attorney of my own choosing before agreeing to be bound by these Terms of Service, the Community Guidelines and the Site's Privacy Policy;
  9. I agree that the Sexually Explicit Materials displayed on the Site are intended to be used by responsible adults as sexual aids, to provide sexual education and to provide sexual entertainment.

3. Access and Limited License

All users of the Site may access certain public areas of the Site. You understand that all We are providing You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet, and any Internet access or other fees that You incur to access Our Site and use Our Services are Your sole responsibility. We are not providing any hardware nor software to You and You need to purchase or license the necessary hardware and software to access the Site and Services. This Agreement covers all public and non-public areas of the Site.

By accessing the Site, You certify that: (a) You are using the Site solely for personal, noncommercial purposes; (b) You will not copy or distribute any part of the Site without Our prior written authorization; and (c) You will fully comply with these Terms of Service, Our Privacy Policy, and Our Community Guidelines.

4. General Use of the Service Permissions and Restrictions

We hereby grant You permission to access and use the Services as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Services or the Content without Our prior written authorization, unless We make available the means for such distribution through functionality offered by the Service (such as embeddable player);
  2. You agree not to alter or modify any part of the Services;
  3. You agree not to access Content through any technology or means other than the video playback pages of the Services itself, our embeddable player, or other explicitly authorized means We may designate;
  4. You agree not to use the Services for any of the following commercial uses unless you obtain Our prior written approval:
    1. the sale of access to the Services;
    2. the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; or
    3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from the Site appears on the same page and is of sufficient value to be the basis for such sales.
  5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Site grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Site reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content; and
  6. In Your use of the Service, you will comply with all applicable laws.
  7. We reserve the right to discontinue any aspect of the Services at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to Your use of Content.

  1. The Content on the Services, and the trademarks, service marks and logos ("Marks") on the Services, are owned by or licensed to the Site, subject to copyright and other intellectual property rights under the law;
  2. Content is provided to you AS IS. You may access Content for Your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. You shall not download any Content unless You see a “download” or similar link displayed by the Site on the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Site or the respective licensors of the Content. The Site and its licensors reserve all rights not expressly granted in and to the Services and the Content;
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein; and
  4. You understand that when using the Service, You will be exposed to Content from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Site, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to Your use of the Services.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, latinachicks.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. latinachicks.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. latinachicks.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND latinachicks.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL THE SITE, 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, 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 latinachicks.com 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.

8. Ability to Accept Terms of Service

You affirm that You are either more than 18 years of age, or the age of majority in the jurisdiction which You are accessing any portion of the Services.

9. Force Majeure

You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control.

10. Severability

If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the Parties relating to the matters contained herein.

11. Complete Agreement

These Terms of Service, Our Privacy Policy and Our Community Standards constitute the entire legally binding agreement between the parties hereto with respect to the subject matter hereof. These Terms of Service supersede and replace all prior understandings or agreements, whether written or oral and regardless of the subject matter thereof.

Nothing further follows.