Terms of Use

     

    TERMS OF USE AGREEMENT

    (See Privacy Policy below)

     

    PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

     

    This is the official Terms of Use Agreement (“Agreement”) for afrolatinoproject.org. (“Site,” “we,” “us,” or “our”). The Site is provided by The Afrolatin@ Project. (“ALP”) with all copyrights and trademarks owned by ALP unless stated otherwise.

     

    1. COPPA COMPLIANCE. This Site is offered and made available only to users 13 years of age or older and certain features on this Site (including, but not limited to, user registration and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features, discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility requirements of the Site.

     

    The Site’s Privacy Policy is hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and the Privacy Policy, the Privacy Policy shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, or the Privacy Policy, including any indemnifications, warranties and limitations of liability.

     

    This is the entire and exclusive Agreement between you and us regarding use of the Site may be modified by the ALP only, from time to time.

     

    2. MODIFICATIONS. 
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including the Additional Terms, Rules and the Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

     

    3. OWNERSHIP OF INTELLECTUAL PROPERTY.
 The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of the ALP. Notwithstanding the foregoing, except as otherwise expressly stated herein, the terms of use of the content included in this site shall be governed by a Creative Commons License: Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC-SA 3.0) .

     

     

    We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

     

    We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you are a copyright owner or an agent thereof and believe that the Site contains elements that infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to: copyright@afrolatinoproject.org.

     

    Except for the licenses, authorizations, consents and rights granted hereunder and described in this Submission Agreement, as comprehensive and broad as they may seem or actually be, The Afrolatin@ Project acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content. ALP is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing us and any of our affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the Platforms), we, nor any of our affiliates or partners have any obligation to do any of these things.

     

    By submitting or posting content on the Site, you agree to provide other users with a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC-SA 3.0) license governing such content, which is incorporated by reference herein.

     

    4. RULES OF CONDUCT. 
Your use of the Site is subject the Creative Commons license and to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or handle. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

     

    a. be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

    b. affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

    c. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;

    d. be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

    e. transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

    f. forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

    g. violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

    h. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or

    i. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

     

    5. POSTINGS. 
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, commenting or other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (“Post” or “Postings”) and (b) User Content. “User Content” is defined as any and all content, media and materials you submit for posting on the Site using the User Content Submission Features, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. User Content is also considered a “Posting” for purposes of this agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, or the Afrolatin@ Project.  We reserve the right to monitor, edit or screen any Postings.

     

    If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

    If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, the ALP and its partners and affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, the Afrolatin@ Project and its affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law or as may be required by us from time to time, in our sole discretion.

     

    You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

     

    Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

     

    If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please click here to send us a message about it or you may email us at copyright@afrolatinoproject.org.  We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

     

    6. FAIR USE AND OTHER LAWFUL USES. Nothing in these Terms of Use is intended to restrict or limit you from making uses of Posted Material that, in the absence of rights granted hereunder, would not infringe or violate anyone’s copyright, trademark or other rights.

     

    7. HYPERLINKS TO THIRD PARTY SITES
. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, the ALP or any of its affiliates, partners, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site’s, or the ALP, its affiliates’ or partners logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Site collects and uses your Personal Information and other information, and the nature of certain of our relationships.

     

    8. DISCLOSURE OF USER INFORMATION. 

    In certain limited circumstances, ALP may disclose your personal information if 1) required by law or 2) to enforce the Terms and Conditions of this Agreement. By using the Site, you hereby acknowledge, consent and agree that we may access, preserve and disclose your registration information and any other information that you provide for the reasons set forth in our Privacy Policy.

     

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    9. DISCLAIMER AND LIMITATIONS OF LIABILITY. 
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.

     

    YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THE ALP, ITS AFFILIATES, PARTNERS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

     

     

    9. INDEMNIFICATION
. You agree to indemnify, defend and hold the Site, ALP and any of its affiliates, partners, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.

     

    The Afrolatin@ Project reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the ALP in the defense of any such claim, action, settlement or compromise negotiations, as requested by the ALP.

     

    10. PRIVACY. 
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

     

    11. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
. This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

     

    This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

     

    This Terms of Use Agreement was last modified on the date indicated above and is effective immediately.

     

    Copyright © 2012 The Afrolatin@ Project. All Rights Reserved.

     

     

    PRIVACY POLICY

     

    The Afrolatin@ Project has created this Policy in order to clearly communicate our commitment to your privacy. This Policy is applicable to the WestwoodOne.com website and any other website or online communications facilities owned or operated by ALP ( the “Site”). ALP reserves the right to change this Policy at any time. Using our web site demonstrates your consent to ALP’s collection and use of information pursuant to this Policy, and continued use of this Site following the posting of changes to this Policy will signify your acceptance of such changes. This Policy governs the use of your name, e-mail address, payment information, and similar personal information that you may provide ALP in the course of using our website, products or services.

    ALP Collects Personal Information. We collect personal information in order to provide certain products and services to its customers. For example, if you:

    • Request promotional items, contact us or request information from us, ALP will collect and use your name and address, or e-mail address;
    • Post information on any of our interactive areas, ALP will collect information from you in order to e-mail you major updates about the Sites, the products and services;
    • Sign-up for the Site’s mailing list, ALP will collect information from you in order to facilitate the publishing of that mailing list; and
    • Send our link to friends through our website, ALP will collect the information from you in order to facilitate the transmission of the e-mail.

    Information that you submit about yourself may be used by ALP to provide your requested services, communicate with you about ALP products, improve your online experience, or support our continuing efforts to offer you the information and services you want most.

     

    ALP may employ third party companies and individuals to perform functions on our behalf. These third parties may have access to our users’ personal information in order to provide these services to us or on our behalf, but they are prohibited from using it for any other purpose.. Other than for the purposes set forth in this Privacy Policy, we currently do not disclose your personal information to any third parties without your prior consent. We reserve the right to do so in the future, however.]  ALP does provide aggregate statistics and information about our sales, traffic patterns and related site information to third parties. We also reserve the right to share aggregate statistical data of which your personal information is a part, as well as your personally identifiable information sometime in the future. You are responsible for checking this Policy periodically to monitor any changes to our data sharing practices.

    In addition, ALP may, and you hereby authorize us to, disclose your personal information when required to do so by law, when ALP, in its sole discretion believes that you are in violation of our Terms of Service Agreement,  when you violate any state or federal laws, or when ALP in its sole discretion deems it necessary or appropriate to protect the personal safety of other users of ALP services or to protect the rights or property of ALP or the Sites. ALP may sell, transfer or otherwise disclose user information in connection with a corporate, merger, consolidation, the sale of substantially all assets, or other fundamental corporate change.

     

    You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.

    ALP’s E-mail Announcements and Newsletters. ALP uses e-mail to send announcements regarding new services, and/or promotions, and informational newsletters. Announcements via email are on an opt-in basis only. By posting material on any of our interactive areas, you are opting in to receiving these e-mail announcements. You can choose to unsubscribe to ALP e-mail at any time by sending an email to unsubscribe@afrolatinoproject.org. ALP will also send replies to customer e-mail via e-mail. Finally, if you have sent a request to ALP about which we need to communicate with you, we may do so by e-mail.

    Security is a Top Concern. Although ALP carefully selects its third party service providers, advertisers and other affiliates, is sensitive to the privacy and security of your personal information, and intends to safeguard such information, ALP and any such third parties cannot guarantee absolute security for such information. Such information may be transmitted through or using the Internet, other public telecommunications networks, servers, hardware and software (“systems”) that are not owned, operated, or controlled by ALP, and ALP makes no assurances that such information will remain private when transmitted by ALP through such systems. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications are impenetrable to hackers.

    ALP Uses Cookies. ALP collects certain information about how website visitors and users use the ALP website by using technology called “cookies”, which are bits of information that a website transfers to an individual’s hard drive for record keeping purposes. Cookies can enhance your online experience by automatically saving your preferences. We use cookies because they help us to provide you a better online experience. The information we collect through the use of cookies does allow ALP to know when and for how long you logged on to the ALP website, so that we can try to understand how to better serve your needs. If you object to the use of cookies for any reason, you may set your Internet browser to notify you when you receive a cookie, giving you the opportunity to decide whether to accept it. If, however, you decline to receive cookies, you may have difficulty in using certain features of this site.

    ALP’s Interactive Areas. ALP IS NOT LIABLE FOR INFORMATION POSTED IN INTERACTIVE AREAS. ALP provides interactive areas such as discussion forums to enhance the user experience and build a healthy community around our website’s products and services. You acknowledge that should you participate in such interactive areas, the information you voluntarily post about yourself and third parties in such areas might be accessed, collected and used by third parties outside of ALP. DO NOT POST ANY PERSONALLY IDENTIFIABLE INFORMATION SUCH AS YOUR EMAIL ADDRESS IN OUR PUBLIC AREAS. In addition, you may not post any defamatory, obscene, slanderous, or otherwise illegal material, or any material which infringes any third-party copyrights or other intellectual property rights on any interactive areas. Violators will be subject to termination of accounts and possible legal action. Although ALP employs advanced security technology, it cannot guarantee complete security in personal websites or password-protected areas, and ALP will not be held liable for any user’s or other visitor’s disclosure of personal information on ALP or any other website operated by ALP.

    A Special Note about Children.. This is not a website directed to children under the age of 13. We strictly adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly register or otherwise collect personally identifiable information from any child under the age of 13.  Children are not eligible to use our services and ALP asks that minors (under the age of 13) do not submit any personal information to ALP. If you are under the age of 13, you can use this service only with the consent of your parents or guardians.

     

    If a child under the age of 13 has provided us with personal information, a parent or guardian of that child may contact us, by visiting the “Contact Us” section of this site if they want this information deleted from our records.

    Disputes. ALP Privacy Policy disputes are handled by its customer service team with the highest concern for your privacy.

    ALP Links. WestwoodOne.com may contain links to websites not owned or controlled by ALP. ALP is not responsible for the privacy policies or practices of any such sites. For other Terms of Service applicable to this site, please review the Terms of Service Agreement, above.

    Contact; How Information Can Be Accessed or Modified The Site is owned and operated by The Afrolatin@ Project.  For further information about ALP, or the Site, or if you have any concerns about privacy procedures at on the Site please visit the “Contact Us” section of the Site.

     

    Copyright © 2012 The Afrolatin@ Project. All Rights Reserved.

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