Terms and Privacy
Effective Date: January 17, 2011
BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.
TWLC RESERVES THE RIGHT, AT ANY TIME, WITHOUT NOTICE, AND AT ITS SOLE DISCRETION, TO UPDATE OR MODIFY THIS AGREEMENT, THE WEB SITE, OR THE SERVICES WE OFFER BY POSTING SUCH CHANGE, UPDATE, OR MODIFICATION ON THE WEB SITE. ANY SUCH UPDATE OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON POSTING.
ANY MATERIAL (REALLY IMPORTANT) CHANGES TO THIS AGREEMENT WILL ONLY APPLY PROSPECTIVELY. YOUR CONTINUED ACCESS OR USE OF THE WEB SITE AND/OR ANY SERVICES OR FEATURES OFFERED ON THE WEB SITE MEANS THAT YOU ACCEPT ANY MODIFICATIONS TO THIS AGREEMENT.
I. OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (Content) published on the Web Site is protected by applicable intellectual property laws and is owned or licensed by TWLC. TWLC grants you a limited right to access and use the Web Site. You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of the Content or software contained on, or comprising, the Web Site without seeking prior written permission from TWLC. You are also restricted from using any automated or manual device or process to copy, monitor, index or data mine the Web Site. TWLC, its respective logos, trade dress, and the graphics and layout of the Web Site are the registered and/or unregistered service marks, trademarks, and/or trade dress of TWLC and may not be copied, imitated or used, in whole or in part, without TWLC’s prior written permission. All other trademarks, product names, and company names or logos mentioned on the Web Site are the property of their respective owners.
TWLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that TWLC shall not be liable to you or any third party for any modification, suspension or discontinuance of the website.
Certain features offered on the Web Site may require you to register as an authorized user (Including setting up a username and password). You are entirely responsible for maintaining the confidentiality of your account information, Including your password, and for any and all activity that occurs under your account. You may not use anyone else’s username and password at any time without the express permission and consent of the holder of that username and password. TWLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
III. INTERACTIVE FEATURES; USER-GENERATED CONTENT
The Web Site provides information for the benefit of users. If you choose, you may post a comment in certain places on the Web Site. However, TWLC does not guarantee the truthfulness, accuracy, or validity of your comment(s) or any other any user-generated content posted on the Web site.
You may not submit any comment or other content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others, or that otherwise violates the User Conduct section of these Terms.
TWLC reserves the right to delete or edit any comments or other user-generated content that it considers inappropriate or otherwise objectionable, in its sole discretion. TWLC, however, assumes no responsibility for monitoring the Web Site for inappropriate content or conduct. If at any time TWLC chooses, in its sole discretion, to monitor the Web Site, TWLC will assume no responsibility for the content on the Web Site, no obligation to modify or remove any inappropriate or otherwise objectionable content on the Web Site, and no responsibility for the conduct of any user submitting such content.
By submitting a comment to the news website, or submitting content elsewhere on the Web Site, you:
1) expressly grant TWLC a worldwide, non-exclusive, royalty-free, irrevocable license to publish, modify, reproduce, display, distribute, and use such content for any purpose whatsoever without further notice or consent;
2) you waive any rights you may have in any such content;
3) warrant that you have all rights in and to the content you submit, or that you have express authorization from the copyright and/or trademark owner to do so.
TWLC may use e-mail validation methods to reduce “comment spam.”
IV. USER CONDUCT
By accessing and using the Web Site, you agree:
(i) that you will comply with all applicable local, state, national, and international laws and regulations that govern your use of the Web Site;
(ii) not to disrupt or interfere with the security or accessibility of the Web Site or any services offered in connection with the Web Site;
(iii) not to transmit any obscene or otherwise objectionable content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Web Site;
(iv) to provide truthful and accurate information about your identity if you choose to register on the Web Site;
(vi) not to reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Web Site for a commercial purpose, unless specifically authorized by HV; and (vi) not to attempt to gain unauthorized access to the Web Site.
V. CHILDREN UNDER 13
The Web Site is not directed to children under 13, and TWLC does not knowingly collect or solicit personally identifiable information from or about children under 13. If we discover that we have received any personally identifiable information from a child under 13, we will delete such information from our servers and records promptly.
A. Copyright Infringement Notification
TWLC respects the intellectual property rights of others. If you believe that the Web Site contains Content or material that infringes a copyright you own, please let us know via email at email@example.com. If valid, we will remove the material from the site.
B. Counter Notification
If material or content that you have created, developed, or posted has been removed or disabled by TWLC after it receives a Notification meeting the requirements described above, and you’d like it to remain on the site with a link or attribution, you may ask that the content be restored by sending TWLC a Counter Notification. The Counter Notification must include substantially all of the following:
• A 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. TWLC requests that complete URLs for each instance of the affected material be provided;
• A statement that the information in the Counter Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner; and
• Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TWLC may be found, and that you will accept service of process from the person who provided the copyright infringement Notification or an agent of such person.
After receipt of a valid Counter Notification meeting the requirements described above, TWLC is required to:
• Promptly provide the person who provided the Notification with a copy of the Counter Notification, and inform that person that TWLC will replace the removed material or cease disabling access to it in 10 business days; and
• Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless TWLC’s designated copyright agent first receives notice from the person who submitted the Notification that such person has filed an action seeking a court order to restrain the other user from engaging in infringing activity relating to the material on TWLC’s system or network.
VII. ADVERTISING AND PROMOTIONS
You understand and agree that some or all of the Web Site may include advertisements, contests, sweepstakes, or promotions, and that these advertisements, contests, sweepstakes, or promotions help TWLC operate the Web Site. You also understand and agree that you will not obscure any advertisements from general view by any means. By using the Web Site, you agree that TWLC has the right to run such advertisements and other promotional content with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising on the Web Site are subject to change at TWLC’s discretion.
Third parties not affiliated with TWLC may also offer contests, sweepstakes, or promotions on the Web Site. If you choose to correspond with, order or pay for good and services, or participate in contests, sweepstakes, or promotions offered by third parties, there will be other terms, conditions, warranties or representations that will apply. You agree that TWLC shall not be responsible or liable for any loss or damage of any sort related to your dealings with such third parties.
VIII. INDEMNIFICATION/ DISCLAIMER OF WARRANTIES AND LIABILITY
You agree to indemnify and hold TWLC, its subsidiaries, affiliated companies, officers, directors, shareholders, predecessors, successors interest, agents, employees, partners and licensors, harmless from any claim, demand, loss, liability, or expense, Including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Site, your access or use of the Web Site, your violation of this Agreement, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TWLC DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TWLC PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEB SITE OR THE CONTENT PROVIDED ON THE WEB SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TWLC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEB SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, TWLC’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IX. VIOLATION OF THIS AGREEMENT; TERMINATION OF ACCESS TO WEB SITE
You agree that TWLC may, in its sole discretion and without prior notice, terminate your access to the Web Site and/or block your future access to the Web Site if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Web Site. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to TWLC, for which monetary damages would be inadequate, and you consent to TWLC obtaining any injunctive or equitable relief that TWLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TWLC may have at law or in equity.
TWLC may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TWLC’s rights or property, or the rights or property of visitors to or users of the Web Site, Including TWLC’s customers.
If TWLC does take any legal action against you as a result of your violation of this Agreement, TWLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys fees and costs of such action, in addition to any other relief granted to TWLC. You agree that TWLC will not be liable to you or to any third party for termination of your access to the Web Site as a result of any violation of this Agreement.
You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Web Site on the condition that the link does not portray TWLC in a false, misleading, derogatory or otherwise defamatory manner.
XI. LINKS TO THIRD PARTY WEBSITES
The Web Site may contain links to other websites owned or operated by non-affiliated third parties. TWLC is not responsible for the content provided by or privacy practices of these other websites. When you visit such websites – even if you get there by clicking on links provided on this Web Site – this Agreement no longer applies. TWLC is not responsible for your access to and use of such linked websites, Including the use of your personal information by such linked websites.
XII. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement shall be governed in accordance with the laws of the District of Columbia without regard to its conflict of law provisions. By accessing or using the Web Site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the District of Columbia for resolution of any disputes arising out of or relating to this Agreement or your use of the Web Site.
Either TWLC or you may demand that any dispute or claim between TWLC and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (“AAA”) in the District of Columbia. Both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in District of Columbia to resolve the applicable dispute or claim if arbitration is demanded. An arbitration demand, however, shall not prevent either party from seeking injunctive relief in a court of competent jurisdiction.
XIV. WAIVER AND SEVERABILITY OF UNENFORCEABLE PROVISIONS
If TWLC does not exercise or enforce any right under this Agreement, it doesn’t mean that it waives such right. Likewise, if a court holds that any portion of this Agreement is unenforceable, that portion shall be deemed severable from rest of this Agreement and the fact that it is unenforceable will not affect the validity and enforceability of the remaining provisions.
XV. OPINION DISCLAIMER
The views expressed in the articles written by contributors on this domain are those of the authors alone. They do not represent the views and opinions of TWLC, or its staff
XVI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and TWLC with regard to your use of the Web Site. Any and all other written or oral agreements or understandings previously existing between you and TWLC with respect to your use of the Web site are hereby superseded and canceled. TWLC will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.
If you have any questions about this Agreement, please contact us by e-mail at: firstname.lastname@example.org
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
The Wise Latina Club, LLC (TWLC or we) is the owner and operator of thewiselatinaclub.com (the Website), a comprehensive news website providing original reporting, updated links to the latest news, analysis of current events, satire, research on current policy issues, and columns/blogs from thought leaders and contributors.
thewiselatinaclub.com is operated entirely within the United States. If you are located outside of the United States, please note that any information – Including personal data – you provide to us will be transferred to and processed in the United States. You hereby consent to these transfers.
I. WHAT TYPES OF INFORMATION DO WE COLLECT?
A. Non-Personally Identifiable Information Collected When Using Our Services
Thewiselatinaclub.com collects non-personally identifiable information automatically through the use of electronic tools such as web beacons, “cookies”, and clickstream data that are deployed on the Website.
• Web Beacons – A web beacon is a type of picture file used on the Internet. Web beacons are used in combination with cookies to help monitor traffic at thewiselatinaclub.com and understand the ways in which users interact with content on the website.
• Clickstream Data – In addition, TWLC may use third-party software to analyze the Web pages that your computer visits while visiting the website. This information, called “clickstream data,” is associated with your computer’s Internet protocol (IP) address and Includes other information such as the type of browser your computer uses to access the Internet. We collect clickstream data to optimize search engine results and may also use clickstream data to analyze which portions of our website draw the most traffic so we can improve performance of our websites. This clickstream data may be shared with third party advertisers and marketing companies.
B. Personally Identifiable Information Collected When Using our Services
TWLC may collect certain types of personally identifiable information — that is, information that can identify an individual — Including but not limited to:
• e-mail address;
• date of birth;
• zip code;
• credit or debit card information;
• username; and
We may collect some or all of this information if you:
• visit the website and make inquiries through the Website;
• purchase products or services on the Website;
• share your e-mail address to subscribe to email newsletters;
• share personal information when you post comments, messages, letters and the like on the Website;
• participate in any surveys, contests, or sweepstakes sponsored by TWLC;
register on thewiselatinaclub.com;
• share personal information when you provide tips, comments or questions to our news department; or
II. HOW DO WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
We use your personally identifiable information for various reasons, Including:
• to deliver content that you have requested from the website;
• to send e-mails that you have requested to receive from HV;
• to provide you with information about services, products, and features that may be of interest to you; and
• in response to inquiries that you initiate with us about any aspect of the website.
III. WITH WHOM DO WE SHARE THE INFORMATION WE COLLECT?
TWLC may share personally identifiable information with others, such as:
• third-party service providers who provide technical support for the operation of the website;
• third-party marketers, advertisers, research companies, and non-profit organizations;
• law enforcement authorities, government agencies, courts, or other entities, when:
- we believe in good faith that the law requires it;
- we deem it necessary or appropriate to provide such information; or
- to otherwise protect our rights.
• another business, in the course of a sale to or merger with such business; or
• a court, another business, or other interested party in the event of a bankruptcy proceeding, in which case the information about you would be among the many assets shared or transferred.
• Third-party merchants with from whom you choose to make a purchase through the Website
IV. HOW CAN YOU MAKE CHOICES ABOUT THE INFORMATION WE COLLECT ABOUT YOU?
You can always choose not to submit any personally identifiable information to TWLC.
If you do not wish to receive communications from TWLC, you can unsubscribe to our e-mails. will include an opt-out link or reply address in each such e-mail. After unsubscribing, you will be removed from our database. Please allow us up to 10 business days to process your request. After unsubscribing, you may still receive messages about the status of your account, to resolve technical issues, or to confirm a new registration with us.
If you wish to make changes to any personally identifiable information that you have provided us, or if you have any questions about what we do with your personally identifiable information, please send an e-mail to email@example.com.
V. LINKS TO OTHER (THIRD PARTY) WEBSITES
VI. HOW DO WE SECURE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the personally identifiable information we collect, we have implemented physical, electronic, and administrative procedures. These measures are based on commercially reasonable standards that similar companies use.
NO DATA TRANSMITTED OVER THE INTERNET, HOWEVER, CAN BE GUARANTEED TO BE 100% SECURE AT ALL TIMES. Although we have implemented security measures to protect your personal information, we cannot guarantee the security of such information.
This website is not directed to children. TWLC does not knowingly collect or solicit personally identifiable information from or about children under 13, except as permitted by law. If we discover that we have received any personally identifiable information from a child under 13, we will delete such information from our servers and records promptly.
IX. GOVERNING LAW
X. HOW TO CONTACT US
Copyright (c) 2010-2013, The Wise Latina Club, LLC.