Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE YOU AGREE TO COMPLY WITH THESE TERMS BY ACCESSING THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS THIS WEBSITE. We have the discretion to modify or update these Terms of Use at any time without notice. You also agree to review this agreement periodically since any use of this Website following any such as incorporated by reference into these Terms of Use.

WEBSITE ACCESS AND USE
The Website and Content (including but not limited to all articles, texts, advertising, images and materials displayed) are owned by us, our licensors, or both. Any rights not expressly granted to you, are reserved to us. By accessing this website, you agree not to acquire right or interest in the Website. You may not use any of the Content except as provided in these Terms of Use. Any copying, modification, use or publication by you of any Content or any part of the website, except for the limited rights of use granted hereunder, is strictly prohibited.
Access to the Website and Website Content is provided only for non-commercial use. When using the Website, you agree to comply with all applicable laws. Except as stated in these Terms of Use, you may not use, reproduce, distribute, publish, or transmit Website Content without written consent from us or, if content is that of a third-party, its respective owner. You agree not to interfere with security features of the Website; attempt to or interfere with the working of the Website; or interfere with another user enjoyment of the Website. In addition, you agree to cooperate with us to investigate any suspected violation of these Terms of Use.
We reserve the right, but are not obligated, to monitor all materials posted to the Web and we are not responsible for any materials posted by users. However, we reserve the right to disclose any information necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, that in our sole discretion are questionable or a violation of these Terms of Use or applicable law.

PROHIBITIED USE
If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.

REGISTRATION
You agree that all information provided to us upon registration and at all other times will be true, accurate, current and complete. You also agree that this information will be kept up to date at all times. This especially applies to your email address since we will direct all communication to you about your account to your email address. We will use the information you provide to us in accordance with our Privacy Policy.

SUBMITTED MATERIALS
Unless requested, we do not solicit or receive any confidential or proprietary information through the Website, by email or in any other way.

USER CONTENT
You agree not to submit any User Content protected by copyright, trademark, or other intellectual property or proprietary right without the express permission of the owner of the right. You agree not to insert your own or a third party’s advertising or other promotional content onto the Website. You are solely liable for any damage due to harm caused by user content you submit or upload onto the Website. You agree not to impersonate another, engage in unlawful activity, use pornographic or profane images or language, encourage unlawful conduct or provide the personal information of another from which you did not obtain permission. You may not submit a chain letter onto the Website. You may not engage in any behavior that negatively impacts another user from enjoying the Website.

By submitting your content onto the Website you automatically grant that the owner of the content granted to LatinRECap.com royalty free, transferable right and license to use, reproduce, distribute and create derivative works based on the content you submit to the Website. You agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers.

THIRD PARTY LINK
We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.

If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
We do not operate or control, in any respect, or necessarily endorse the content found on third-party websites that are linked to our Website and you assume sole responsibility for your use of third-party links.

INDEMNIFICATION
You agree to defend, indemnify and hold us and our affiliates harmless from any claims, liabilities, costs and expenses, including attorneys’ fees, arising from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions.

DISCLAIMERS
THIS SITE IS PROVIDED BY LATINRECAP.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. LATINRECAP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LATINRECAP.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LATINRECAP.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LATINRECAP.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LATINRECAP.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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 MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION ON LIABILITY
NEITHER LATINRECAP.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY LATINRECAP.COM OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF LATINRECAP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LATINRECAP.COM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the spirit of these Terms of Use. You agree that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

COPYRIGHT POLICY
If you believe material on LatinRECap.com is infringing upon your copyright, please e-mail info@latinrecap.com with the following and the infringing material will be removed as soon as possible.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of TEXAS without regard to its conflict of laws rules. Any legal proceedings against the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in a state or federal court in the State of TEXAS; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

MISCELLANEOUS
These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.