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LATINOGIGS™ TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY

  • You must be at least 13 years old to use LatinoGigs.com.
  • You must keep your account password to yourself and not let others use the site using your account
  • You are only authorized to use the LatinoGigs™ (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the Terms of Use Agreement. If you do not agree with all the Terms established by this Agreement, you should immediately discontinue all use of this Site.

LatinoGigs™ is owned and operated by RaMon Entertainment™, LLC. This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("you", "user", "subscriber" or "member") and RaMon™ Entertainment™, LLC. ("RaMon™", "we", "us" or "our") providing, among other things, the terms and conditions for your use of RaMon's™ Web site "LatinoGigs™", including but not limited to delivery via our Web site [http://www.latinogigs.com] (the "Site"), a mobile device, or otherwise. We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www. latinogigs.com/legal/. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using LatinoGigs™ (as defined below) or, if applicable, cancel your LatinoGigs™ subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any LatinoGigs™ after any amendments are posted on the Site. PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. LATINOGIGS™ IS NOT DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. BECAUSE LATINOGIGS™ MAY PROVIDE ACCESS TO MUSIC THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17. WARRANTY AND LIABILITY DISCLAIMERS. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO LATINOGIGS™ YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO SERVICES THROUGH LATINOGIGS™, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE SERVICES THROUGH LATINOGIGS™. YOU MAY BE DENIED ACCESS TO LATINOGIGS™, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.

1. AUTHORIZED USERS

1.1. Age Requirement and Authority. In order to use LatinoGigs™, you must be at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access LatinoGigs™.

1.2. Registration. To use any aspect of the LatinoGigs™, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. RaMon™ will use your Account Information in accordance with its privacy policy [http://www.latinogigs.com/privacy-policy/]. By providing RaMon™ your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about RaMon™ and special offers. You may opt out of such email by changing your account settings or sending an email to opt-out@latinogigs.com. You may opt out of mobile text messages by sending an email to support@latinogigs.com.

You may also opt out of mobile text messages and/or non-Service-related emails by sending mail to the following postal address:
Customer Support: OPT-OUT RaMon Entertainment™, LLC.
342 Broadway
New York, New York 10013

Opting out may prevent you from receiving messages regarding RaMon Entertainment™, LLC and our site LatinoGigs™ or special offers.

1.3. Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. RaMon™ will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless RaMon™, its owners, partners, parents, subsidiaries, agents, affiliates, employees and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

1.4. Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, RaMon™ uses appropriate physical, technical and administrative procedures to safeguard the information we collect. We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes. RaMon™ may use technology to protect the digital information from unauthorized use. Your use of LatinoGigs™ may be limited by such technology. You acknowledge that, from time to time, RaMon™ may modify or discontinue using such technology. Security modifications made by RaMon™ may from time to time include required updates to LatinoGigs™. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

1.5. Membership. RaMon™ has the explicit right, but not the obligation, to suspend and/or remove any Member from the LatinoGigs™ Web Site at any time at its sole discretion. Without limiting the previous sentence, RaMon™ has the explicit right, but not the obligation, to suspend and/or remove any member from the LatinoGigs™ website at any time for any breach or suspected breach of the terms of this Agreement.

2. GENERAL RULES OF CONDUCT

 2.1. Submitted Content. Users are solely responsible for the Submitted Content or information they publish, display or otherwise communicate in any manner (hereinafter, "post") on the LatinoGigs™ Site, or transmit in any manner or form. You will not provide inaccurate, misleading or false information to RaMon™ or to any other user of the Site. If information provided to RaMon™, or another user of the Site, subsequently becomes inaccurate, misleading or false, you will promptly notify RaMon™ of such change. You understand and acknowledge that Submitted Content is solely your responsibility, and that RaMon™ is not responsible for the information, data, text or other materials that may appear in Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of RaMon™, and RaMon™ does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by RaMon™ prior to posting and RaMon™ makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.

2.2. Appropriate Use. You will not post on the web site, or transmit to other Members or clients, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses. RaMon™ reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. RaMon™ shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of RaMon™, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other users of the site that are not readily accessible to the general public will be treated as private by RaMon™ to the extent permitted by applicable law. You will use the web site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You confirm that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the web site is void where prohibited. You will not engage in advertising to, or solicitation of, other users of the Site to buy or sell any products or services other than entertainment services through the web site. You will not transmit any chain letters or junk E-mail to other users of the Site. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will promptly report to RaMon™ any violation of the terms of this Agreement by other users of the Site.

2.3. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. LatinoGigs™ allows anyone to buy and sell entertainment services. LatinoGigs™ may be used only for lawful purposes by venues seeking artists or bands, or artists and bands seeking gigs. RaMon™ is not involved in the actual transaction between venues and artists or bands. RaMon™ is not an employer of any artist or band and shall not be responsible for any decisions made by a venue to select artists or bands for a particular gig at a venue. RaMon™ makes no representations about any gigs. As a result, we do not control the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction.

2.4. Photos, Audio, & Video. RaMon™ is committed to providing our Site users with a secure, comfortable environment. Nude, obscene, sexual behavior, sexual or otherwise offensive photos, audio samples, or video samples are subject to removal. RaMon™ reserves the right to crop or reject any photo at our discretion and we reserve the right to reject any audio or video sample at our discretion.

2.5. Rating System Integrity and Use. You agree to the RaMon™ rating system and to have your rating published on LatinoGigs™. Users may not take any actions that may undermine the integrity of the RaMon™ Rating System. You are not permitted to post your own rating or to post falsified ratings for another performer. We may, but shall not be obligated to, limit the number of client rating reviews that may be placed on the Site. If a user of the site engages in the practice of libel, slander, foul language, threats and/or threatening language, RaMon™ has the right to remove or edit your comments. RaMon™ also has the right not to edit or remove your comments. All comments are published on the Site at the discretion of RaMon™. Comments shall not be used in order to threaten, harass, blackmail, or extort money, goods/services from Site users. If RaMon™ concludes that comments have been used to threaten, harass, blackmail, or extort money, goods/services from Site users, RaMon™ shall have the right, but not the obligation, to temporarily suspend or permanently remove said users Membership from the LatinoGigs™ website. If a user receives negative comments, RaMon™ shall have the right, but not the obligation, to suspend their Membership.

3. LICENSE TO SERVICES

3.1. License. RaMon™ grants to you a limited, non-exclusive, non-transferable license to access and use LatinoGigs™ for personal non-commercial purposes only. If you subscribe to any LatinoGigs™ services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use LatinoGigs™. RaMon™ reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF LATINOGIGS™ NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED

3.2. Updates. RaMon™ may from time to time make available to all users of LatinoGigs™, updates at no cost or subject to additional fees in RaMon's™ sole discretion. "Updates" means any updates, upgrades or error corrections to LatinoGigs™ that RaMon™ makes available generally to users of LatinoGigs™. Notwithstanding anything else contained in this Agreement, RaMon™ will have no obligation to continue producing or releasing new versions of LatinoGigs™ or any updates thereto.

3.3. Ownership of Posted Content and License Thereto. After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). RaMon™ may delete any Submitted Content that in the sole judgment of RaMon™ violates these Terms or the Submission Rules.

3.4. Scope of License. By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to RaMon™ a limited, non-exclusive (meaning that you are free to license your Content to anyone else in addition to RaMon™), sub-licensable (so that RaMon™ can use its affiliates, partners and other subcontractors such as Internet content delivery networks and wireless carriers to provide LatinoGigs™), worldwide (because the Internet and RaMon™ Services are global in reach), fully-paid and royalty free (meaning that RaMon™ is not required to pay you for the use of the Submitted Content you post) license to use, modify (every effort will be made to preserve the integrity of your Submitted Content, but occasionally a technical modification such as compressing the file is necessary), publicly perform or publicly display (for editorial or promotional purposes), reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.

3.5. Representations. You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.

4. RESTRICTIONS.

You agree that you will not:

4.1. Use LatinoGigs™ to reproduce copyrighted materials;

4.2. Edit, change, prepare any derivative work of or alter in any way any of the content provided through LatinoGigs™;

4.3. Make LatinoGigs™ available over a network (other than RaMon's™ network) where it could be used by others;

4.4. Provide your password to any other person;

4.5. Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on LatinoGigs™ or any portion of it;

4.6. Circumvent any technology used by RaMon™ or its licensors to protect content accessible via LatinoGigs™;

4.7. Rent, lease or sublicense any of LatinoGigs™; or

4.8. Use LatinoGigs™ in any way that violates the terms of this Agreement.

5. COPYRIGHTS

As between you and RaMon™, you acknowledge that RaMon™ may own or have a license to title and copyrights in and to RaMon™ and LatinoGigs™. All title and intellectual property rights in and to the licensed content in LatinoGigs™ is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. LatinoGigs™ is owned or licensed by RaMon™ and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

6. TRADEMARKS AND THIRD-PARTY TRADEMARKS

You are not granted any right or license with respect registered trademarks or trademarks of RaMon™, LatinoGigs™ and registered content owners as well as certain other RaMon™ or LatinoGigs™ trademarks, service marks, graphics, and logos (collectively, the "RaMon™ Trademarks") used in connection with LatinoGigs™. You are not granted any right or license with respect to any third-party trademarks, service marks, graphics, and logos used with RaMon™ Services or LatinoGigs.com.

7. PRIVACY POLICY

RaMon™ is committed to protect your privacy. It is important that you read and understand the terms of RaMon's™ Privacy Policy. RaMon™ may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of LatinoGigs™. You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of RaMon™.

The nature of this Site is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to RaMon™ may be used by RaMon™ anywhere, anytime, and for any reason whatsoever subject to the terms of the Submitted Content License described in License to Service Section of this agreement.

8. RESERVED

 

9. TERM

 This Agreement will remain effective until terminated by you or terminated by us.

10. DISCLAIMERS

 10.1. LATINOGIGS™ (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF LATINOGIGS™ WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAMON™ DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RAMON™ MAKES NO REPRESENTATIONS OR GUARANTEES THAT LATINOGIGS™ WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND RAMON™ DISCLAIMS ANY LIABILITY RELATING THERETO.

10.2. RAMON™ MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF LATINOGIGS™ WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, RAMON™ MAY MODIFY, SUSPEND, OR DISCONTINUE LATINOGIGS™ (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER RAMON™ ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE LATINOGIGS™, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

10.3. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. RAMON™ DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

10.4. YOU ACKNOWLEDGE THAT RAMON™ DOES NOT CONTROL THE INFORMATION PROVIDED BY OTHER MEMBERS AND USERS THAT IS MADE AVAILABLE THROUGH OUR SYSTEM. YOU MAY FIND OTHER MEMBERS AND USER'S INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE BUYING, SELLING, BOOKING, AND COMMUNICATIONS WHEN USING THE SITE. PLEASE NOTE THAT THERE ARE ALSO RISKS OF DEALING WITH UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSE. ADDITIONALLY, THERE MAY ALSO BE RISKS DEALING WITH INTERNATIONAL TRADE AND FOREIGN NATIONALS. BY USING THIS SITE, YOU AGREE TO ACCEPT SUCH RISKS AND RAMON™ IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS ON THE SITE. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING LATINOGIGS™. RAMON™ WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

10.5. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH LATINOGIGS™ MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT RAMON™ ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. INFORMATION YOU SUBMIT AT A THIRD PARTY SITE ACCESSIBLE FROM THIS SITE IS SUBJECT TO THE TERMS OF THAT SITE'S PRIVACY POLICY, AND RAMON™ ASSUMES NO RESPONSIBILITY OVER HOW YOUR INFORMATION IS COLLECTED, USED, OR OTHERWISE HANDLED.

11. LIMITATION OF LIABILITY

 11.1. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL RAMON™ BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING ATTORNEYS' FEES AND COSTS, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF RAMON™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL RAMON™ BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND RAMON'S™ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAMON™ OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

11.2. RAMON™ MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS SITE, THE LATINOGIGS™ CONTENT, SUBMITTED CONTENT, OR ANY OTHER SITE FEATURE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL AND/OR SYSTEMS WILL BE AT YOUR OWN RISK. RAMON™ MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY RAMON™ CONTENT OR SUBMITTED CONTENT WILL BE PRESERVED. RAMON™ DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS, INCLUDING RANKINGS, REVIEWS, OR OTHER SUBMITTED CONTENT AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY RANKING, REVIEW OR SUBMITTED CONTENT. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY RAMON™ WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF RAMON™. NOTWITHSTANDING THE FOREGOING, YOU MAY ACCURATELY DISCLOSE AND DESCRIBE YOUR PARTICIPATION IN THIS SITE AND YOUR SUBMITTED CONTENT (FOR EXAMPLE, DESCRIBING AND PROMOTING YOUR SUBMITTED CONTENT ON YOUR PERSONNEL SITE, SOCIAL SITES, A PERSONAL BLOG OR IN EMAILS).

11.3. RAMON's™ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE AMOUNT PAID BY YOU FOR THE APPLICABLE LATINOGIGS™ SERVICES AT ISSUE. IN NO EVENT SHALL RAMON'S™ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE APPLICABLE LATINOGIGS™ SERVICES AT ISSUE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11.4. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OF LATINOGIGS'™ MEMBERS OR USERS, YOU RELEASE RAMON™ (AND OUR OWNERS, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

11.5. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY SAMPLE DOCUMENTS PROVIDED OR GENERATED BY LATINOGIGS™ (WHICH WE CALL "SAMPLE DOCUMENTS" IN THIS AGREEMENT) ARE PROVIDED "AS IS" WITHOUT ANY KIND OF WARRANTY. YOU ACCEPT FULL RESPONSIBILITY FOR DETERMINING WHETHER ANY SAMPLE DOCUMENT IS SUITABLE FOR ANY PARTICULAR PURPOSE AND FOR PROTECTING YOURSELF AGAINST ANY POSSIBLE CONSEQUENTIAL DAMAGES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGE, OR CONSEQUENTIAL DAMAGE RELATED TO YOUR USE OF SAMPLE DOCUMENTS, OR FOR INACCESSIBILITY OF SAMPLE DOCUMENTS WHETHER FROM ERRORS OR OMISSIONS IN THE CONTENT OF SAMPLE DOCUMENTS OR ANY OTHER LINKED SITES OR FOR ANY OTHER REASON. USE OF SAMPLE DOCUMENTS IS AT YOUR OWN RISK. RAMON™ DOES NOT REPRESENT OR WARRANT THAT SAMPLE DOCUMENTS, ITS SERVER OR ANY LINKED SITES ARE FREE OF ANY HARMFUL MATERIALS.

12. INDEMNITY

YOU WILL INDEMNIFY AND HOLD RAMON™, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS AND ALL EXPENSES ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF LATINOGIGS™.

13. LEGAL JURISDICTION

This Agreement will be governed by the laws of the State of New Jersey. The exclusive jurisdiction for any claim, action or dispute with RaMon™ or relating in any way to your use of LatinoGigs™ will be in the state and federal courts of the State of New Jersey and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Mercer, New Jersey.

14. GENERAL INFORMATION

RaMon™, its business partners and third party content providers may present advertisements or promotional materials via LatinoGigs™. Your dealings with, or participation in promotions of any advertisers via LatinoGigs™ are solely between you and that party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that RaMon™ is not 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 any such parties via LatinoGigs™. LatinoGigs™ may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service. The failure of RaMon™ to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of RaMon™, shall not be deemed a breach of these Terms. If RaMon™ fails to act with respect to your breach or anyone else's breach on any occasion, RaMon™ is not waiving its right to act with respect to future or similar breaches. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. You are responsible for providing the DSL, cable modem and any other hardware and software necessary to use LatinoGigs™. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. The Site and any promotions contained thereon are void where prohibited. You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement. Should you have any questions concerning this Agreement or need technical support, you may contact us at support@latinogigs.com.

Description