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
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