SBS TERMS AND CONDITIONS OF USE
Welcome to the Internet Sites of Spanish Broadcasting System Inc. (“SBS”), which include www.spanishbroadcasting.com, www.mega.tv, www.lamusica.com, plus all related sub-domains and all associated services provided by or through spanishbroadcasting.com, lamusica.com or mega.tv, including, without limitation, internet access, email, instant messaging, webcast, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, story boards or weblogs and content embedded on other websites (collectively, the “Site” or “Sites”).
SBS may, in its sole discretion, update or revise these terms and conditions, in whole or in part, and such updates or modifications shall become effective immediately upon posting the new terms and conditions on the Site. Your continued use of the Site following the posting of any changes to these terms and conditions constitutes your acceptance thereof.
As used herein the term “User” means any person who accesses the Site.
II. Your Use and Privacy
Any violation of these terms and conditions may result in civil or criminal liability. SBS may investigate any suspected or alleged violation of these terms and conditions and cooperate with, law enforcement authorities and/or third parties in such investigation.
IV. Prohibited Use / Rules of Conduct
SBS does not permit or tolerate any illegal, abusive, harmful or improper use of the Sites, or any use of the Sites that interferes with other Users’ enjoyment of the Sites. Without limiting the generality of the foregoing, SBS specifically prohibits the following activities:
(a) Collecting, storing, posting, transmitting or soliciting any content, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property or other right of any person or entity, including the rights of privacy and publicity;
(b) Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
(c) Falsifying User information;
(d) Doing or attempting to do anything that adversely affects the ability of other Users to use the Sites, including, without limitation, “denial of service” attacks against another system or network host or another User;
(e) Hacking, mail-bombing, flooding, flaming, spamming, trolling, griefing, overloading, attacking or otherwise sabotaging or interfering with a system or network;
(f) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
(g) Engaging in any of the foregoing activities through another;
(h) Using the Sites to violate an internet service provider’s acceptable use policy and/or terms of service;
(i) Posting or distributing any information that is: (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
(j) Posting or distributing any information that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
(k) Posting or distributing any information that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other propriety or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; and
(j) Any other uses of the Site that SBS determines, in its sole discretion, are illegal, abusive, harmful or improper.
V. Proprietary Right
The Sites and all of the content therein are protected by copyrights, trademark rights, patents, trade secrets, or other proprietary rights. You may not store, copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit the Sites or any of their content for any purpose, by any means or in any media other than: (a) printing, downloading or copying limited portions of the content for your personal, non-commercial home use ONLY, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such content; and (b) as expressly authorized by SBS. The systematic retrieval of any content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of SBS is prohibited. All rights not expressly granted herein are reserved by SBS. Use of any content for any purpose not expressly permitted in these terms and conditions is prohibited. SBS reserves the right to add, modify and/or remove any content in its sole discretion. However, SBS does not have any responsibility to supply any corrections, updates or releases to the content. Availability of the content is subject to change without notice.
In the event that SBS offers downloads of software on its Sites and you download such software, the software, including any files, images incorporated in or generate by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
VI. Submissions / User-Contributed Content
“Submissions” shall mean text messages, ideas, concepts, treatments, pitches, stories, concepts, formats, screenplays, audiovisual works, artwork, musical compositions (including lyrics), sound recordings, drawings, videos, appearances, voices and likenesses and all other similar materials submitted, posted, uploaded, embedded, displayed, distributed or otherwise communicated through SBS Sites.
Submissions may be either solicited or unsolicited. “Solicited Submissions” are those which are expressly requested by SBS via features on its Sites, such as through contests, sweepstakes or promotions, which you distribute on or through SBS Sites for which you do not require consideration. “Unsolicited Submissions” are any Submissions which are not expressly requested or invited.
SBS DOES NOT ACCEPT UNSOLICITED SUBMISSIONS AND, UNDER NO CIRCUMSTANCES, SHOULD YOU CONSIDER THAT THERE IS AN IMPLIED CONTRACT BETWEEN YOU AND SBS.
SBS’s long-standing company policy is not to accept or consider Unsolicited Submissions. Accordingly, please do not distribute Unsolicited Submissions on or through any SBS Sites. SBS wants to be certain to avoid any possible confusion or misunderstanding when projects developed by it, or under its direction, might seem to others to be similar to their own creative work. We, therefore, implore that you do not submit any Unsolicited Submissions. Nonetheless, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and SBS, in any way, and that you have no expectation of any review, compensation or consideration of any type.
To the extent that any of SBS Sites offer a public forum (i.e., an area, site or feature which permit users to distribute Submissions for viewing by one or more SBS Site Users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail and the like) (hereinafter, “Public Forum”), you acknowledge that the Public Forum and any related features are for public and not private communications, and that you have no expectation of privacy with regard to any Submission to a Public Forum. You further understand that SBS cannot guarantee the security of any information you disclose, and that all disclosures are made at your own risk.
Content posted on our Sites by our users is not guaranteed by us as to accuracy, completeness, or usefulness, and we do not endorse any content posted by our users. It is the responsibility of our Site users to evaluate the accuracy, completeness or usefulness of any content posted on our Sites by other users. SBS does not have a duty to monitor any Public Forum. Consequently, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. SBS is not responsible for and does not endorse the opinions, advice or recommendation(s) posted or sent by other users in any Public Forum, and expressly disclaims any and all liability in connection therewith.
You are and shall remain solely responsible for the Submissions you post on or through any SBS Site and for the consequences of submitting and posting the same.
You agree not to upload, post or otherwise make available on our Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting material, you grant (or warrant that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You grant us the right to edit, copy, publish and distribute any material you make available to us. You will indemnify us for, from and against all claims, losses, costs and expenses resulting from the content and information you supply.
You may not post or otherwise make available on our Site any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. Further, you may not make use of our services to forge e-mail headers, or send bulk unsolicited e-mail messages. We have the right, but not the obligation, to monitor the content posted on our Site to determine compliance with our Terms of Service and/or to satisfy any law, regulation or government request. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on our Site including, but not limited to, material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.
VII. SBS Trademarks
“SBS Trademarks” means all names, marks, brands, logos, designs, trade dress and other trade designations that SBS uses in connection with the Sites, including, without limitation, SBS, the SBS stylized, the “microphone” logo, SBS and/or SPANISH BROADCASTING SYSTEM with microphone design logo, MEGA TV, and the MEGA TV logo reflecting the word “MEGA” alongside a television screen and monitor design with “TV” on the screen and Lamusica.com. You may make reference to SBS Trademarks, but only if your reference is truthful. You may not alter any SBS Trademarks. You acknowledge SBS’s rights in SBS Trademarks and agree that any and all use of SBS Trademarks shall inure to the sole benefit of SBS. You agree not to incorporate any SBS Trademarks into your marks, names, logos, domain names, links or designations. A list of SBS trademarks can be located at www.spanishbroadcasting.com/trademarks.html
VIII. Links to Third Party Sites
IX. Copyright Infringement Notification Procedure
SBS has adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined in SBS’s sole discretion, of users who are infringers of copyright.
SBS’s DMCA designated agent for notice of claims of copyright infringement related to Spanish Broadcasting System, Inc. (SBS), Mega.tv, lamusica.com, and all affiliated web pages (collectively, the “SBS Properties”) can be reached as follows:
DMCA Designated Agent
Attn: DMCA Designated Agent
PABLO RAÚL ALARCÓN SBS BROADCASTING CENTER
7007 NW. 77th Avenue
Miami, Florida 33166
Pursuant to Title 17, United States Code, Section 512(c)(2) & (3), a notification of claimed infringement related to any of the SBS Properties must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for SBS to promptly locate the work (e.g. title of work, location within the SBS Properties, etc.);
- Information reasonably sufficient to permit SBS to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement requesting that SBS take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
SBS may give you notice that it has removed or disabled access to certain material by means of a general notice on any SBS Site, by electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of the United States District Court for the Southern District of Florida, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
X. Disclaimer of Warranties
ALL SERVICES AND CONTENT ON OR OTHERWISE RELATED, IN ANY WAY, TO SBS SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM SBS SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR USE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, THE SITE, SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SBS DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, SECURE, COMPATABLE, UPDATED, RELIABLE OR CORRECT; THAT THE SITE, SERVICES AND/OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SBS DOES NOT HAVE ANY RESPONSIBILITIES TO UPDATE THE CONTENT OF THIS SITE.
SBS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE SITE, INCLUDING THE ABILITY OF UNAUTHORIZED PERSONS TO ACCESS YOUR PERSONAL INFORMATION. YOUR USE OF THE SITE, SERVICE AND/OR CONTENT IS ENTIRELY AT YOUR SOLE RISK.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, AND YOU HEREBY IRREVOCABLY WAIVER ANY CLAIM AGAINST SBS WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The content of SBS Sites is intended for entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the SBS Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
XI. Limitation of Liability
UNDER NO CIRCUMSTANCES AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL SBS OR ANY OF ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE, ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT SBS OR ANY OF ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; (B) THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THE SITE; (C) FOR ANY INTERRUPTION OR DISRUPTION OF ACCESS TO THE SITE OR ANY ERRONEOUS COMMUNICATION BETWEEN SBS AND YOU; OR (D) THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, AVAILABILITY, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF THE SITE, ANY SERVICE AND/OR CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, SBS’S AND ITS SUBCONTRACTORS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF US $25.00 OR ITS EQUIVALENT.
XII. Indemnification of SBS
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SBS AND ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH YOUR MISUSE OF THE SITE, SERVICE OR CONTENT OR WITH YOUR VIOLATION OF ANY PROVISION OF THESE TERMS AND CONDITIONS. SBS RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH SBS IN ASSERTING ANY AVAILABLE DEFENSES.
XIII. International Use
SBS makes no representation or warranty that the Site or its content is appropriate or available for use in locations outside the United States of America. Accessing the Site from territories in which such is illegal or restricted is prohibited. You agree that if you choose to access the Site, from any location outside the United States of America, you do so on your own initiative and are solely responsible for compliance with local laws.
XIV. No Solicitation or Recommendation
THE CONTENT PROVIDED IN THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND SBS IS NOT SOLICITING ANY ACTION BASED UPON SUCH INFORMATION. THE SITE IS NOT AN OFFER TO BUY OR SELL OR A SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY OR INVESTMENT. YOU SHOULD NOT INTERPRET THE CONTENT ON THE SITE TO CONSTITUTE BUSINESS, FINANCIAL, INVESTMENT, TRADING, LEGAL, REGULATORY, TAX OR ACCOUNTING ADVICE. THE SITE’S CONTENT SHOULD NOT BE THE PRIMARY BASIS FOR ANY INVESTMENT DECISION MADE BY YOU OR ON YOUR BEHALF. INVESTMENTS INVOLVE SUBSTANTIAL RISKS AND YOU SHOULD NOT MAKE THIS SITE THE PRIMARY BASIS FOR ANY INVESTMENT DECISIONS MADE BY YOU. YOU MAY WANT TO CONSULT YOUR FINANCIAL ADVISOR, ATTORNEY, TAX AND/OR ACCOUNTING ADVISORS CONCERNING ANY CONTEMPLATED TRANSACTIONS.
XV. General Provisions
The supply of goods, services and software through SBS Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through SBS Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through SBS Sites if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
XVI. Entire Agreement
These terms and conditions contain the entire understanding between SBS and you and supersede all prior agreements relating to the subject matter hereof. If any provision herein is found illegal or unenforceable, it will be revised to the extent necessary to make the provision legal and enforceable and will be, as modified, in full force and effect.