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Legal
Notice and Site Disclaimer
This Agreement sets forth the terms and conditions that govern your access and
use of the Web Sites and related Internet media properties, including LatinVision.com,
LatinVision.com/events and LatinVision.com/Finance , and its affiliates and
subsidiaries, collectively the "Site".
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. LATINVISION
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Submissions
Domestic and International copyright and trademark laws protect the entire contents
of the Site. The owners of the intellectual property, copyrights and trademarks
are LatinVision, its affiliates and subsidiaries or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
Subject
to more specific terms on individual LatinVision web sites, you may print and
download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials (certain areas may require
paid license fee prior to downloading any material). You agree to grant to LatinVision
a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to LatinVision by all means and
in any media now known or hereafter developed. You also grant to LatinVision
the right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
LatinVision for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to LatinVision.
If
you believe that content appearing on the Site constitutes copyright infringement
of another party's rights, please follow the instructions below:
LatinVision
respects the intellectual property of others, and we ask our users to do the
same. LatinVision may, in appropriate circumstances and at its discretion, terminate
the accounts or privileges of users who infringe the intellectual property rights
of others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide LatinVision’s copyright agent the
following information:
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
a
description of the copyrighted work that you claim has been infringed;
a
description of where the material that you claim is infringing is located on
the LatinVision site;
your
address, telephone number, and email address;
a
statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a
statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
LatinVision’s
copyright agent for notice of claims of copyright infringement on its site is
Carlos Vassallo who can be reached as follows:
By
mail:
Carlos Vassallo
LatinVision Inc.
POB 376
New York, NY 10008
By
phone:
646 519 2452
By
fax:
469 533 4874
By
email:
Legal@latinvision.com
2.
Trademarks
LatinVision, Capital has no boundaries and/or any other names of LatinVision
Inc. or its Web sites, seminars, conferences, events, trade shows, publications,
products, content or services referenced herein or on the Site are the exclusive
trademarks or service marks of LatinVision Inc, including the "look"
and "feel" of the Site, LatinVision's color combinations, layout,
and all other graphical elements. Any use of LatinVision's trademarks is strictly
prohibited without the express permission from LatinVision Inc. Other product
and company names mentioned in the Site may be the trademarks of their respective
owners.
3.
Use of the Site
You understand that, except for information, products or services clearly identified
as being supplied by LatinVision, LatinVision does not operate, control or endorse
any information, products or services on the Internet in any way. Except for
LatinVision identified information, products or services, all information, products
and services offered through the Site or on the Internet generally are offered
by third parties that are not affiliated with LatinVision. You also understand
that LatinVision cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the reconstruction of any
lost data.
LatinVision
offers a search feature within the Site. LatinVision explicitly disclaims any
responsibility for the content or availability of information contained in our
search index or directory. JUPM also disclaims any responsibility for the completeness
or accuracy of any directory or search result. In connection with your use of
the Site, you agree you will not:
a)
Transmit any message, information, data, text, software or images, or other
content ("Material") that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable
that may invade another's right of privacy or publicity;
b)
Impersonate any person or entity, including but not limited to, an LatinVision
official, forum leader, guide or host or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c)
Post or transmit any Material that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e)
Delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature;
f)
Use the Site's communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use
of all caps, or flooding continuous posting of repetitive text);
g)
Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam," "chain letters," "pyramid schemes"
or any other form of solicitation or any non-resume information such as opinions
or notices, commercial or otherwise;
h)
Violate any applicable local, state, national or international law;
i)
Upload or transmit any Material that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
j)
Delete or revise any Material posted by any other person or entity;
k)
Manipulate or otherwise display the Site by using framing or similar navigational
technology, or
l)
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any LatinVision product or service
if you are not expressly authorized by such party to do so.
Forums
Certain areas of this Web Site may enable you to access online forms and forums
where you can post business plans, business opportunities or messages and read
business plans, business opportunities or messages posted by other users (the
"Forums").
Some
of the Forums topics or categories are selected by LatinVision Network and others
are created by users. LatinVision Network does not endorse, and specifically
disclaims any responsibility or liability for, any content posted on the Forums,
whether the topic is first selected by LatinVision Network or a user. The Forums
are a service provided to users of LatinVision Network. By posting a business
plan, business opportunity or message in the Forums, you agree to be bound by
the above and the following terms and conditions. If you do not want to be bound
by these terms, then do not use the Forums.
You
agree to be fully responsible for your own postings and agree to access and
use the Forums at your own risk on an as-is basis. While LatinVision Network
has no obligation to monitor the Forums, it may, from time to time, monitor
the Forums to determine whether postings comply with these Terms of Use, to
guide the Content on the Forums, or for other reasons. LatinVision Network cannot
and does not guarantee any result, funding, financing or any other action will
result from your posting on the Forums. Also, LatinVision Network reserves the
right to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in LatinVision
Network 's sole discretion.
You must abide by the following rules in connection with your use of the Forums:
You
agree to post only business plans, business opportunities or messages that relate
to the subject matter of the Forum.
You
agree not to defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights of others.
You
agree not to impersonate any person or entity, including, for example, LatinVision
Network employee or officer, a forum leader, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
You
agree not to post messages that contain material that is inappropriate, profane,
defamatory, infringing, obscene, or indecent. This includes any content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party. You agree to give attribution to others when you quote
or paraphrase materials owned by others, and to limit your quotations to no
more than 50 words.
You
agree not to upload files, or cause users to upload files, that contain viruses,
corrupted files, or any other similar software or programs that may adversely
affect the operation of another's computer.
You
agree not to advertise or promote any goods or services in the Forums. This
includes, among other things, "junk mail", "spam", "chain
letters", and "pyramid schemes."
You
agree not to conduct contests or distribute chain letters through the Forums.
You
agree not to violate any applicable local, state, national or international
law in connection with your use of the Forums. This includes, among other things,
any securities law or regulation.
By
posting a business plan, business opportunity or message, uploading a file,
or engaging in any other form of communication through a Forum, you are granting
LatinVision Network a perpetual, royalty-free and irrevocable right and license
to use, reproduce, modify, adapt, publish, translate, distribute, transmit,
publicly display, publicly perform, sublicense, create derivative works from,
transfer, and sell any such plan, opportunity, messages, files or communications.
You
agree to indemnify and hold LatinVision Network and its affiliates and their
respective, officers, directors and employees harmless from any claims, damages,
losses or costs (including reasonable attorney's fees) that arise out of any
of your postings and any material contained therein.
What
to do if you believe a posting violates these Terms of Use: If you believe that
a posting in a Forum violates these Terms of Use, we encourage you to contact
LatinVision Network by sending an email to legal@latinvision.com
that identifies the applicable posting and the screen identity of the person
who made the posting. LatinVision Network cannot guarantee that any action will
be taken as a result of your email.
The
Web Site provides a venue through which people may exchange ideas and gather
information. The Web Site does not monitor or pre-screen any information before
it is posted, therefore, information available at or through the Web Site might
be objectionable, erroneous, or otherwise incorrect. You acknowledge and agree
that the Web Site has the right, but not the obligation, to remove any information
from the Web Site for any reason whatsoever, without notice to you. You are
instructed to conduct your own due diligence concerning any information you
receive at or through the Web Site, and you hereby agree that you bear all risk
involved in your reliance upon such information.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
LATINVISION PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND LATINVISION SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS
AT YOUR RISK. LATINVISION HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
THE
CONTENT PROVIDED WITHIN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES
ONLY, AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE. AT NO TIME SHOULD INFORMATION
CONTAINED HEREIN BE CONSIDERED AN OFFER TO BUY OR SELL SECURITIES. LATINVISION
NETWORK AND ITS CONTENT LICENSORS ARE NOT GIVING BUSINESS ADVICE, FINANCIAL
ADVICE, INVESTMENT ADVICE, TAX ADVICE, LEGAL ADVICE, OR OTHER PROFESSIONAL ADVICE.
LATINVISION NETWORK AND ITS CONTENT LICENSORS DO NOT GUARANTEE OR WARRANT THE
ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE, THESE VIEWS,
OPINIONS AND RECOMMENDATIONS. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL
FOR ADVICE ON BUSINESS OR FINANCIAL OPPORTUNITIES, INVESTMENTS, TAX, THE LAW,
OR OTHER PROFESSIONAL MATTERS.
4.
Limitation of Liability
IN NO EVENT WILL LATINVISION BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF LATINVISION OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. 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. IN SUCH STATES, LATINVISION'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW
5.
Equipment
You shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the Site and all
charges related thereto.
6.
Indemnification and Reservation of Rights
You agree to indemnify, defend and hold harmless LatinVision, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Site from and against all losses, expenses, damages and costs,
including attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or your use and access of the Site.
LatinVision
reserves the right to release current or past member or Web site user information
if LatinVision believes that a member's account is being used to commit unlawful
acts, if the information is subpoenaed and/or if LatinVision deems it necessary
and/or appropriate.
7.
Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and 6 (Indemnification) are
for the benefit of JUPM and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Site. Each of these
individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
8.
Termination
Either party without notice may terminate this Agreement at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
3 (Use of the Site), 6 (Indemnification), 7 (Third Party Rights) and 12 (Miscellaneous)
shall survive any termination of this Agreement. Many LatinVision Network Services
do not have account holders or subscribers. For Services that do, LatinVision
Network will, in appropriate circumstances, terminate repeat infringers at is
sole discretion.
9.
Special Terms for International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet, data, e-mail,
or privacy. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the country
in which you reside.
10.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party
found on or through the Site, regarding the payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party.
You agree that LatinVision shall not be responsible or liable for any loss,
damage or other matters of any sort incurred as the result of any such dealings.
11.
Links
The Site may provide, or third parties may provide, links to non-LatinVision
Internet World Wide Web sites or resources. Because LatinVision has no control
over such sites and resources, you acknowledge and agree that LatinVision is
not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that LatinVision shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource. If you wish to make purchases
from an area of the Web Site. you may be asked to supply certain information,
including credit card, debit card, or other payment mechanism information. You
agree that all information you provide in connection with such purchase will
be accurate, complete and current. You agree to pay all charges incurred by
users of your credit card, debit card, or other payment mechanism at the prices
in effect when such charges are incurred.
12.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws
of the State of New York, United States applicable to agreements made and to
be performed in the State of New York, United States. You agree that any legal
action or proceeding between LatinVision and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in the County
of New York, State of New York, United States.
Any
cause of action or claim you may have with respect to the Site must be commenced
within one (1) year after the claim or cause of action arises or such claim
or cause of action is barred. LatinVision's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of this Agreement.
LatinVision may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some
of the information on this Web site may contain projections or other forward-looking
statements regarding future events or the future performance of LatinVision.
We wish to caution you that these statements are only predictions and that the
actual events or results may differ materially. LatinVision files documents
from time to time with legal authorities. These documents contain and identify
important factors that could cause the actual results to differ materially from
those contained in our projections or forward-looking statements.
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