Last Modified: August 1, 2014
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.
We reserve the right to modify this Agreement at any time. We will indicate that changes to this Agreement have been made by listing a new date under “Last Modified” appearing above. By using this Website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not wish to be bound by this Agreement, you are not authorized to use this Website
1.1 Submissions: Monitoring. The Website enables you to post comments and other content to the blog feature of the Website (“Submissions”). We believe that the Website facilitates communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. You acknowledge and agree that Latinas Uprising does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post, or remove any Submission that you post to the Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission. You agree that you shall immediately notify Latinas Uprising in writing of any objectionable Submissions or other content appearing on the Website.
1.2 Accurate Information. In order to make use of certain functionality on the Website, you will need to provide us with certain of your personally identifiable information (“PII”), such as your name and email address. You agree to provide us with accurate, complete and current information at all times. You agree not to allow any third party to access the Website on your behalf. You agree to be responsible for allowing any other person or entity to access the Website on your behalf. You agree to notify Latinas Uprising immediately if you learn of any unauthorized use of the Website. You agree that Latinas Uprising has the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
1.3 Restrictions. By posting a Submission to the Website, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous. Furthermore, you agree not to post or otherwise submit to the Website any Submission that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;
(c) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
(d) is offensive to the Website community or to us, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which harasses or harms, or advocates the harassment or harming of another person;
(g) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or solicits PII from other visitors to the Website;
(h) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(i) links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with the Website or Latinas Uprising;
(j) violates a person’s rights of publicity and/or privacy; or
(k) violates any applicable local, state, national, or international law.
You acknowledge that Submissions posted to the Website may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.
1.4 Grant of License to Submissions. By posting Submissions to the Website, you automatically grant, and represent and warrant that you have the right to grant, to Latinas Uprising, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sub-licenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Latinas Uprising, whether of attribution or otherwise, and Latinas Uprising shall not be liable for any use or disclosure of any such Submissions.
1.5 Termination. Latinas Uprising may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability
2. Intellectual Property.
2.1. Copyright. All content (including without limitation any pictures, logos, images and text) appearing on the Website is the property of Latinas Uprising or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
2.2. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Latinas Uprising or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, Latinas Uprising.
3. Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Website infringe your copyright, you, or your agent may send to Latinas Uprising a notice providing Latinas Uprising with the following information: an electronic or physical signature of the copyright owner or 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 Website; your address, telephone number, and email address; a written 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 are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Latinas Uprising actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Website a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Latinas Uprising’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: LatinasUprising@gmail.com Subject: Copyright Request. We suggest that you consult your legal advisor before filing a notice with Latinas Uprising. You should note that there can be penalties for false claims under the DMCA.
4. Links. Latinas Uprising and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Latinas Uprising 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. Latinas Uprising reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
4.1. Limitations on Linking and Framing. You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of our material, content or intellectual property.
5. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT LATINAS UPRISING DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, CORRECTNESS, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. LATINAS UPRISING DOES NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL CONTAINED IN A SUBMISSION AND SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENTS OF LATINAS UPRISING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LATINAS UPRISING OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LATINAS UPRISING BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) OBTAINED THROUGH THE WEBSITE OR CAUSED BY THE CONDUCT OF VISITORS TO THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, LATINAS UPRISING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, LATINAS UPRISING DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL LATINAS UPRISING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF LATINAS UPRISING OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
LATINAS UPRISING’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF THE WEBSITE IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.
7. Indemnification. You agree to indemnify, defend and hold Latinas Uprising, its affiliates, officers, directors and employees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your use or misuse of this Website, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you, or your violation of any law or the rights of a third party. You agree that under no circumstances will we be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold Latinas Uprising harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.Latinas Uprising reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Latinas Uprisings in asserting any available defense.
8. Use and Purpose.
8.1 Commercial Use. You acknowledge and agree that the Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.
8.2 Entertainment Purposes Only. You agree that the Website is providing information for entertainment purposes only and is not to be used in lieu of seeking professional opinions including but not limited to medical doctors or legal professionals. At no time should it be construed that Latinas Uprising is providing legal advice; nor does submitting questions that may be legal in nature result in the construction of an attorney/client relationship. You agree that you will not hold Latinas Uprising responsible for following any advice or comments given by Users in response to questions submitted to the Website.
9. Online Commerce. Certain sections of the Website may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Website or on a site linked to by the Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Website.
Your participation, correspondence or business dealings with any third party found on or through our Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Latinas Uprising shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
9.1 Refund Policy. Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
10.1 Confidentiality. You acknowledge that when necessary personal identifiable information of individuals may be edited or altered, at the sole discretion of Latinas Uprising, in order to protect the privacy of those individuals. When Latinas Uprising publishes descriptions of past experiences, events, conversations, or actions some or all information may be edited, redacted, or altered in order to abide by any necessary duties of confidentiality and privilege. Any resemblance to individuals, living or deceased, is coincidence.
11. Governing Law: Venue. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Illinois. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
We control and operate this site from Chicago, Illinois. We do not represent that materials on the site are appropriate or available for use outside of Chicago, Illinois. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please note that your use of the Web Site may be subject to other local, state, national, and international laws.
11.1 Arbitration. For any dispute you have with Latinas Uprising, you agree to first contact us and attempt to resolve the dispute with us informally. If Latinas Uprising has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Latinas Uprising agree otherwise, the arbitration will be conducted in Cook County, Illinois. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LATINAS UPRISING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION
12. Indemnity. If you use our Products for commercial purposes in violation of these terms of service, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Latinas Uprising and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content, or (c) your breach of any of these Terms
13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
14. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
15. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at LatinasUprising@gmail.com.