Terms of Use
Barrio 305 Friends Terms of Service
Welcome to Barrio 305 Friends, a unique online
community that connects people through a specialized network of friends for
dating purposes or just for making new friends. Barrio 305 Friends service is
operated by Barrio 305 Friends, Inc. ("Barrio 305 Friends"). As a
member or non-member using the Barrio 305 Friends web site (the "Web
site") you agree to be bound by the following Terms of Service (this
"Agreement"). Read these Terms of Services carefully and indicate
your acceptance of them if you wish to register as a member to use Barrio 305
Friends services to communicate with other members on the Web Site. Do this by
following the required instructions on the signup page.
This written Agreement sets out the legally
binding terms of your membership in the Service and use of Barrio 305 Friends
Web site; Your membership may be modified by Barrio 305 Friends management
staff at any point in time without prior notice and will take effect upon
posting on Barrio 305 Friends's Web Site. Barrio 305 Friends's acceptable use
policy for the content posted on the website, Barrio 305 Friends's Privacy
Policy and notices regarding Barrio 305 Friends is included in this agreement.
1. Eligibility. In order to register as a Barrio
305 Friends's member you need to eighteen or over. Any membership in the
Service is automatically void where prohibited. As a member and in use of the
Web site’s services, you represent and warrant that you have the right,
capacity and authority to enter into this particular agreement and will abide
by all of the terms and conditions of this Agreement.
2. Terms. While using the Web site services
and/or are a Member; this Agreement will remain in full force and effect. You
are free to terminate your membership at any time you wish, for any reason by
following the instructions stated on the Cancel Account page in “Account
Settings”. Barrio 305 Friends reserves the right to terminate your membership
at any time, for any reason. If Barrio 305 Friends terminates your membership
because you have breached the Agreement, you will not be entitled to any refund
of your unused subscription fees. This agreement will still remain in full
effect even after your membership has been terminated.
3. Non-Commercial Use by Members. All
Organizations, companies, and/or businesses alike may not become Members and
should not use the Barrio 305 Friends Service or the Web site for any purpose.
Barrio 305 Friends Web Site service is meant for personal use of the individual
Members only; and may not be used in connection with any commercial activities
or endeavors. The following include Illegal and/or unauthorized uses of the Web
site: Collection of usernames and/or email addresses of members by electronic
or other means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Web site will be investigated thoroughly, and the
appropriate legal action will be taken, including without limitation, criminal,
civil and injunctive redress.
4. Full Proprietary Rights in Content on Barrio
305 Friends. Except for that information which is in the public domain or for
which you have been given a written permission, you do not have the right to
copy, publish, modify, transmit, perform, display, distribute or sell any other
proprietary information. Barrio 305 Friends owns and retains all proprietary
rights in the Barrio 305 Friends Web Site and its Service. The Web Site
contains the copyrighted material, trademarks, and other proprietary
information of Barrio 305 Friends, and its licensors.
5. Content Posted on the Site.
a. As a registered member on Barrio 305 Friends
Web Site, your profile must describe you (an individual person). Examples of
in-appropriate profiles include the following (But are not limited to):
Profiles that purport to represent an animal, inanimate, place, object, a real
individual who is not you or any fictional character.
b. You understand and agree that Barrio 305
Friends reserves the right to review/edit delete any content, photos, messages
or profiles (collectively, "Content") that in Barrio 305 Friends sole
judgment violate this Agreement or which might be illegal, offensive, or that
might violate the rights, threaten the safety of other members, or harm them in
anyway.
c. As a member posting Content to any public
section of Barrio 305 Friends, You automatically grant, and you warrant and
represent that you have the right to grant, to Barrio 305 Friends a perpetual,
irrevocable, non-exclusive, fully paid, worldwide license to copy, perform,
use, display and distribute such information and content and to incorporate
into other works of, or prepare derivative works of such information and
content, and to grant and authorize sublicenses of the foregoing.
d. You are solely responsible for the Content
that you display or publish (hereinafter, "post") on the Service Web
Site, or transmit to other Barrio 305 Friends Members.
e. solicits people you don't know to add you
and/or accept you as a Barrio 305 Friends member friend. Even though all of the
above is strictly prohibited on Barrio 305 Friends, there is still a small
chance that you may become exposed to such items and you further waive your
personal right to any damages (from any party) related to any such exposure.
f. You agree to use the Service in a manner
consistent with any and all applicable laws and regulations.
g. The following below is a partial list of the
kind of Content that is considered illegal or prohibited on the Barrio 305
Friends Web Site. Barrio 305 Friends reserves the right to investigate fully
and take any appropriate legal action in its sole discretion against anyone who
violates this provision; including without limitation, removal of the offending
communication from the Service and automatically terminating the membership of
such violators. It includes Content that:
• is patently offensive to the online community,
such as Content that promotes bigotry, racism, hatred or physical harm of any
kind against any group or individual;
• promotes information that you are aware is
false, promotes illegal activities or misleading or conduct that is
threatening, abusive, obscene, libelous or defamatory;
• involves the transmission of "chain
letters," "junk mail", or unsolicited mass mailing or
"spamming";
• advocates harassment or harasses another
person;
• promotes any illegal or unauthorized copy of
someone else’s copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
• contains password only access pages or
restricted pages, or hidden pages or images (those not linked to or from other
accessible page);
• displays any form of pornographic or sexually
explicit material of any kind;
• provides material that exploits persons under
the age of eighteen in a violent or sexual manner, or solicits the personal
information from anyone under eighteen;
• provides instructional information about any
illegal activities such as buying or making illegal weapons, providing or
creating any computer viruses or violating a person’s privacy.
• engages in commercial activities and/or sales
without any prior written consent from us; such as: sweepstakes, contests,
sweepstakes, advertising, barter and pyramid schemes;
• solicits personal identifying information for
commercial or unlawful purposes from other users or passwords; h. You may not
transmit any form of chain letters or junk email to other Members. You may not
engage in advertising to, or solicitation of, other Members to buy or sell any
of your or others products or services through the Barrio 305 Friends Service.
Although Barrio 305 Friends cannot monitor the conduct of its Members off the
Barrio 305 Friends Web site, it is still considered a violation of these rules
to use any information obtained from the Barrio 305 Friends Service in order to
abuse, harass, or harm another person, or in order to advertise to, contact,
solicit, or sell to any of the Barrio 305 Friends Members without their prior
explicit consent. In order to protect our Members from such solicitation or
advertising, Barrio 305 Friends reserves the right to restrict the number of
emails, which any Member may send to other Members in any twenty four hour
period to a number, which Barrio 305 Friends deems appropriate in its sole
discretion.
i. No telephone members, last names, street
addresses, emails, URL’s may be included in your Member profile.
6. Member Disputes. Interaction between Barrio
305 Friends members is your sole responsibility. Barrio 305 Friends, Inc.
reserves the right, but has no obligation, to monitor disputes between you and
any other Members.
7. Privacy. Our Privacy Policy also governs the
use of the Barrio 305 Friends Web site and/or its Services.
8. Disclaimers. Barrio 305 Friends is not
responsible for any inaccurate or incorrect Content posted on the Web site or
in connection with the Service; whether caused by users of the members or users
of the Web site, or by any of the equipment or programming utilized or is
associated in the Service. Barrio 305 Friends assumes no responsibility for any
interruption, omission, error, delay in operation, deletion, defect, communications
line failure, destruction, theft or unauthorized access to, or alteration of
any user or Members communications. Barrio 305 Friends is not responsible for
the conduct, whether online or offline, of any user of the Barrio 305 Friends
Web site or Member of the Service. The Web site and the Service are provided
"AS-IS" and Barrio 305 Friends expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. Barrio 305 Friends is not
responsible for any technical malfunctions or problems of any telephone network
or lines, computer online systems, computer equipment, servers or providers,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any web site or combination thereof,
including damage or injury to users and/or Barrio 305 Friends Members or to
anyone’s computer related to or resulting from downloading material or
participating in connection with the Web and/or in connection with the Barrio
305 Friends Service. Under no circumstances will Barrio 305 Friends be
responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Barrio 305 Friends Web site or the Service,
any Content posted on the Web site or transmitted to Members, or any
interactions between users of the Web site, whether online or offline. Barrio
305 Friends cannot guarantee and does not promise any specific results from use
of the Web site and/or the Service. The service may not be available
temporarily from time to time for maintenance purposes or other reasons. No
advice or information, whether written or oral, obtained by Barrio 305 Friends
users or through or from the service itself shall create any warranty not
expressly stated herein.
9. Copyright Policy. You may not post, reproduce,
or distribute in any way any copyrighted material, trademarks, or other
proprietary information of Barrio 305 Friends without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please provide our
Copyright Agent with 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 Barrio 305 Friends Web site; 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 authorized to act on the copyright owner's behalf.
10. Limitation on Liability. Except in
jurisdictions where such provisions are restricted, in no event will Barrio 305
Friends be liable to you or any third person for any exemplary, indirect,
consequential, incidental, special or punitive damages, including also any lost
profits arising from your use of the Barrio 305 Friends Web site or the
Services, even if Barrio 305 Friends has been advised of the possibility of
such form of damages. Notwithstanding anything to the contrary contained
herein, Barrio 305 Friends's liability to you for whatsoever cause, and
regardless of the form of the action, will at all times be limited to the amount
that is paid, if any, by you as a member to Barrio 305 Friends for the Service
during the term of the membership.
11. Indemnity. You agree to hold and indemnify
Barrio 305 Friends, affiliates, its subsidiaries, agents, officers, and other
partners and employees, harmless from any loss, claim, liability, or demand,
including reasonable attorney's fees, made by any third party due to or arising
out of your use of the Barrio 305 Friends Service in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth above. If You are a California
resident, You waive California Civil Code Section 1542, which says "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the
debtor."
12. No Agency. There is no partnership,
employee-employer, agency, franchisor-franchisee or joint venture, relationship
between Barrio 305 Friends and any User of the Barrio 305 Friends Service.
13. Other. This Agreement, accepted upon use of
the Barrio 305 Friends Web site and further affirmed by becoming a registered
Member of the Service, contains the entire agreement between you and Barrio 305
Friends regarding the use of the Web site and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. Failure of Barrio 305 Friends to enforce or
exercise any right or provision of these stated Terms of Service shall not
constitute a waiver of such right or provision. The section titles in these
Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE.
BARRIO 305 Sweepstakes
By submitting I certify that I am a US resident
over the age of 18 and I agree to the Membership/Privacy Agreement; of this
site. Barrio 305 is not directly affiliated with Apple Computer, Inc. The Apple
trademark, logo, and products found on this site are the property of Apple
Computer, Inc. and Barrio 305 does not, in any way, claim to represent or own
any of the Apple trademarks or rights. Apple Computer, Inc. does not own,
endorse, or promote Barrio 305.
1. Introduction: Barrio 305 LLC
("Sponsor") is offering the Barrio 305 Contest
("Sweepstakes"). NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
2. Eligibility: Entrant must be a member of
Barrio305.com and must be at least eighteen(18) years old and a legal resident
of the 50 United States or the District of Columbia . Employees of Sponsor, the
Sponsor's parents, subsidiaries, affiliated companies, advertising agencies,
legal advisors, previous winners of this sweepstakes, web site developers and
agents and the immediate family members (defined as parents, spouse, children,
siblings, grandparents) of each, and all those with whom such employees are
domiciled, are NOT eligible. By participating in the Sweepstakes, you agree
(and if participant is a minor, participant's parents/legal guardians agree) to
these Official Rules and the Barrio305.com Membership/Privacy Agreement;and the
decisions of Sponsor, which are final and binding in all matters relating to
this Sweepstakes.
3. Timing: Sweepstakes begins at 12:00:01 a.m. ET
on Thursday June 28, 2006 and ends at 11:59:59 p.m. ET on Thursady June 28,
2006.
4. How to Enter: By successfully joining
Barrio305.com (having successfully completed all profile fields – ‘About Me’,
‘Books’, ‘Movies’, ‘Hobbies’ etc…including uploading one main profile image,
you will be automatically entered in the drawing. Confirm your membership by
clicking on the confirmation or validation link in the welcome email you
receive after joining. You can also earn entries in the drawings when: (1) you
click on designated links in an Barrio305.com email, or: (2) you click on
designated links on the Barrio305.com website, or; (3) someone that you have
referred to Barrio305.com has successfully joined Barrio305.com, or; (4) you
complete any other action designated by Barrio305.com as providing you entry in
this Sweepstakes ("Eligible Entrant"). Sponsor will not verify
receipt of entries. The use of computer programs and other automatic means to
enter the Sweepstakes is prohibited. Sponsor may also ask optional questions
and display various advertiser offers. Completion of these questions or offers
is not required to enter the Sweepstakes. Sponsor is not responsible for lost,
late, incomplete, non-delivered, misdirected, illegible entries; or for any
computer, telephone, cable, satellite, network, electronic or Internet hardware
or software malfunctions or failures, garbled or jumbled transmissions, or
service provider/Internet /web site/ use net accessibility or availability,
traffic congestion or unauthorized human intervention; or the incorrect or
inaccurate capture of entry information, or the failure to capture any such
information.
5. Drawing: Sponsor will randomly select one
winner from all Eligible Entrants. Each drawing is, and shall be considered, a
new and independent sweepstakes. All sweepstakes are collectively referred to
herein as "Sweepstakes". Each Eligible Entrant must comply with all
terms and conditions set forth in these Official Rules, and winning is
contingent upon fulfilling all such requirements, including presentation and
verification of proper identification, including a valid driver's license or
birth certificate. The entrant's name and address on the identification must
match exactly with the information provided in the Sweepstakes entry. The
drawing will be conducted by Sponsor, whose decisions are final and binding in
all matters relating to the Sweepstakes.
6. Prizes/Odds: One (1) prize of a 512 MB iPod®
Shuffle shall be awarded. Odds of winning depend on the number of eligible
entries received. Total retail value of all prizes to be awarded is $69.00.
Sponsor is not responsible for lost or mutilated prizes and none will be
replaced. Prize is nontransferable and must be accepted as awarded. No
substitution may be made, except by Sponsor, in the event that the prize cannot
be awarded for any reason, in which case, Sponsor will award a prize of equal
or greater value. All taxes, fees and surcharges on prizes are the sole
responsibility of winner.
7. Other Terms and Conditions: Should a prize be
won by a minor, all affidavits, and releases set forth in these official rules
must be executed by the parents/legal guardians of the minor, both on behalf of
themselves and the minor and all terms and conditions relative to any
undertaking of the winner must be so undertaken by the parents/legal guardians
of the minor both on behalf of themselves and the minor. Failure of the
parents/legal guardians to comply with these requirements will cause the prize
to be forfeited. Sponsor will attempt to notify winner by email, certified
mail, or telephone for a period of 7 days following the drawing. If winner cannot
be contacted, winner will be disqualified and prize will be forfeited. Where
permitted by law, winner grants (and agrees to confirm said grant in writing)
to Sponsor, and those acting pursuant to Sponsor's direction or control, the
right to print, publish, broadcast and use, worldwide in any media now known or
hereafter developed, including but not limited to the world wide web, at any
time or times, the winner's name, portrait, picture, voice, likeness and
biographical information for advertising and promotional purposes without
additional consideration; and further without such additional compensation,
appear for, or provide biographical information for use in, any presentation or
other activity which may include filming/audio/video/electronic or other
recordings and/or interviews, as may be determined from time to time by Sponsor
in its sole discretion. Failure to make such appearances or grant such rights
may result in disqualification and prize forfeiture; and while not obligated to
do so, Sponsor may in its sole discretion, bear such reasonable costs and
expenses which Sponsor, in its sole discretion, deems appropriate for winner to
appear for a presentation or other activity. Further, winner will be required
to complete, sign, have notarized, and return an Affidavit of Eligibility, a
Liability Release, and where lawful a Publicity Release. If winner is under the
age of majority in the state in which he/she resides, the prize will be awarded
to the winner's parent or legal guardian and the winner's parent or legal
guardian must also sign all of the necessary documents. If the documents are
not properly completed and returned to Sponsor within 30 days from the date
they were mailed to winner, or if prize or prize notification is returned as
non-deliverable, or if winner is found not to have complied with these Official
Rules, or is ineligible for any reason, the prize may be forfeited. Winner may
be required to provide a government issued proof of identification, as
determined by Sponsor, in its sole discretion, such as a valid driver's
license, passport, or voting registration card in order to receive prize. By
accepting prize, winner releases and agrees to hold harmless Sponsor, Goldstein
Lewin & Coits parents, subsidiaries, affiliates, advertising and promotion
agencies and all of their respective directors, officers, employees, and agents
from:
(a) any and all liability for any injury, loss or
damage of any kind to persons other than death or personal injury; and
(b) any and all liability for any death or
personal injury; in each case to persons arising directly or indirectly, from
or in connection with acceptance, possession, use or misuse of any prize,
participation in the Sweepstakes or any Sweepstakes related activity. Some
jurisdictions may not allow a person to restrict or exclude liability for death
or personal injury caused by such person's negligence, so some of the above
restrictions or exclusions may not apply to you. Check your local laws for any
restrictions or limitations regarding these limitations or exclusions. Sponsor
assumes no responsibility for typographical or other errors in the offer or
administration of this Sweepstakes, including but not limited to errors in
advertising, in these Official Rules, and the selection or announcement of
winners. Sponsor is not responsible for contacting any participant when
participant has changed contact information and failed to notify Sponsor of
such change.
8. Miscellaneous: Sponsor reserves the right, in
its sole discretion, to disqualify any individual it finds (a) to be tampering
with the entry process or the operation of this Sweepstakes or the
Barrio305.com website; (b) to be in violation of the Barrio305.com
Membership/Privacy Agreement; (c) to be acting in violation of these Official Rules;
(d) to be hacking, or to be acting in a non-sportsmanlike or disruptive manner,
or with intent to annoy, abuse, threaten or harass any other person; or (e) to
have provided any false or misleading information as part of the registration
process including, without limitation, any false names, addresses or email
addresses. All entries become the sole property of Sponsor and none will be
returned. In the event of a dispute, entries made by Internet will be deemed
made by the authorized account holder of the email address submitted at the
time of entry. The "authorized account holder" is deemed the natural
person who is assigned to an email address by an Internet access provider,
service provider or other online organization that is responsible for assigning
email addresses for the domain associated with the submitted email address. A
potential winner may be requested to provide Sponsor with proof that the
potential winner is the authorized account holder of the email address
associated with the winning entry. If for any reason the Sweepstakes is not
capable of running as planned, including due to infection by computer virus,
bugs, tampering, unauthorized intervention, fraud, technical failure, human
error or any other causes beyond the control of Sponsor that corrupt or affect
the administration, security, fairness, integrity, or proper conduct of the
Sweepstakes, Sponsor reserves the right in its sole discretion, to disqualify
any individual who tampers with the entry process, and to cancel, terminate,
modify or suspend the Sweepstakes and limit entries to those submitted prior to
the action taken, or proceed in such a manner as may be deemed fair and
equitable by Sponsor in its sole discretion. Sponsor assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, entries. The Sponsor is not responsible for any
problems or technical malfunction of any telephone network or lines, computer
online systems, servers, or providers, computer equipment, software, failure of
any email or entry to be received by Sponsor on account of technical problems
or traffic congestion on the Internet or at any web site, any combination
thereof, or otherwise, including any injury or damage to entrant's or any other
person's computer related to or resulting from participation or downloading any
materials in the Sweepstakes. Sponsor is not responsible for late, lost,
illegible, incomplete, stolen, or misdirected entries. CAUTION: ANY ATTEMPT BY
AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND
SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM
ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Winners List: For name of the winner of a
sweepstakes drawing, send an email to: admin@barrio305.com . Requests for
winners names must include the sweepstakes drawing for which you are seeking
the name of the winner and must be received by Sponsor within 30 days of such
date. Winners names may also be posted on the Barrio305.com website.
10. Sponsor: The Sponsor of this sweepstakes is
Barrio305.com. whose address is 5201 Blue Lagoon Drive, Suite 250, Miami ,FL
33126.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE.
COPYRIGHT NOTICE
Copyright © 1999-2005 Taste Digital Media Inc. All rights reserved. No
tastemedia.net or Taste Digital Media, SoBe TV TV!, Calles de Fuego or
Barrio305 Content may be reproduced, publicly performed, translated, posted to
a site or chat room, framed, distributed by any means, stored in a retrieval
system, transmitted or retransmitted by telecommunication, proxy cached or
otherwise used in any form of media without prior written permission from us.
TRADEMARK STATEMENT
Barrio305 is pending trademark registration. All brand names and trademarks are
the property of their respective owners.
USE OF CONTENT OR TRADEMARKS
TO USE OR LICENSE ANY CONTENT OR TRADEMARKS FROM tastemedia.net, OR Taste
Digital Media, SoBe TV TV!, Calles de Fuego or Barrio305, YOU MUST OBTAIN
WRITTEN PERMISSION FROM US. PLEASE SEND US AN E-MAIL AT: info@tastemedia.net
TERMS OF USE
Please read theses provisions carefully before using our Site. By using our
Site, you confirm your agreement to be bound by these Terms of Use
("TOU"). If you do not agree with these TOU, please do not use our
Site.
Acceptance of Terms of Use
Welcome to the Taste Digital Media, SoBe TV,
Calles de Fuego, Barrio305(tm pending)!
Your access and continued use of the
tastemedia.net Site is subject to these TOU. So please take some time to
familiarize yourself with these TOU.
Definitions
"Agreement" means the Terms of Use
provisions herein.
"Content" means, without limitation, news, information, recent
events, stories, video, photos (except downloadable anchor photos), graphics,
music, images, television clips, text, sound recordings, animation and any
other materials and/or services provided on this Site.
"Member" means any person who (i) establishes or accesses connection
to the tastemedia.net site including through any portable wireless device,
mobile phone, hand held device, smart phone, mobile internet computer and any
other current or future developed WAP-enabled device (the "Site") and
(ii) who is a valid tastemedia.net Club subscriber.
"User" means any person who establishes
or accesses connection to the Site.
"Taste Digital Media, SoBe TV, Calles de Fuego, Barrio305(tm
pending)" means the Site and Content as well as the owners thereof, their
respective parent or subsidiary companies, affiliates, directors, officers,
employees and agents.
Description of Service
Taste Digital Media, SoBe TV, Calles de Fuego,
Barrio305(tm pending) currently provides a User or Member with online access to
rich media Content containing news, information, recent events and branded
programming delivered through its affiliates and properties (the "Service").
Users of the Service may become either "Visitors" or
"Members". Visitors are permitted access to a limited, minimal level
of the Service and are not charged for Content accessed. Taste Digital Media,
SoBe TV, Calles de Fuego, Barrio305(tm pending) Club Members are allowed full
access all Service features. Members are provided with full access to
additional Service features (not available to Visitors) such as full-sized
higher quality streaming video, downloadable video clips, archives of past
shows, autographed high resolution photographs and Taste Digital Media, SoBe
TV, Calles de Fuego, Barrio305(tm pending) merchandise discounts. Some
additional Service features made available to Members are also free of charge.
By submitting your e-mail address and any other personal information (including
e-mail, name, etc.) you hereby expressly agree to receive materials, if any, by
e-mail from us including, without limitation, electronic newsletters, news
digests, promotional items, news headlines or any other information.
Right to Use
a. The Service provided on our Site is protected
by copyright, trademark and other proprietary rights owned by us. Nothing
contained on our Site grants, by implication, estoppel, or otherwise, any
license or right to use the Service (or any portion thereof), trademarks,
logos, personalities, names or any other product and/or service without our
expressed written consent.
b. Without our expressed written consent, no
Service or Content may be copied or reproduced in any way except that you may
download a limited amount of Site materials onto any single computer for
personal, non-commercial home use provided you keep intact all copyright and
proprietary notices. You agree that you do not acquire any rights in any
downloaded Content. You are hereby advised that Taste Digital Media, SoBe TV,
Calles de Fuego, Barrio305(tm pending) will aggressively enforce its
intellectual property rights to the fullest extent permitted by law anywhere in
the world.
c. User or Member shall not upload, post or otherwise
make available any Content without the express written permission of Taste
Digital Media, SoBe TV, Calles de Fuego, Barrio305(tm pending). The burden of
determining that any material is not protected by copyright or other right
rests with the User or Member. User or Member shall be solely liable for any
damage resulting from any infringement of copyrights or other proprietary
rights.
d. Except as provided under the Submissions
Agreement from time to time, by submitting material to Taste Digital Media,
SoBe TV, Calles de Fuego, Barrio305(tm pending), User or Member automatically
grants, or warrants that the owner of such material has expressly and
unreservedly granted Taste Digital Media, SoBe TV, Calles de Fuego,
Barrio305(tm pending) 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 of media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
User or Member also permits any other User or Member to access, view, store or
reproduce the material for that User's or Member's personal use. User or Member
hereby grants Taste Digital Media, SoBe TV, Calles de Fuego, Barrio305(tm
pending) the right to edit, copy, publish and distribute any material made
available on the Site by User or Member.
e. Taste Digital Media, SoBe TV, Calles de Fuego,
Barrio305(tm pending) owns copyright in the selection, coordination,
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