Last updated on November 26, 2018
This page describes the terms and conditions that govern your use of certain digital products and services of Latin Business Today LLC (“LBT”), including LatinBusinessToday.com, Latin Business Today Insider Feature, Latin BusinessHoy.com, affiliated sites (altogether referred to as LBT.com) as well as mobile applications, mentor and educational services and other such services offered by LBT (which altogether shall be referred to as LBT Services).
1. GENERAL RULES AND DEFINITIONS
2. CONTENT ON THE SERVICES
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
4. USE OF THE SERVICES
5. REPRESENTATIONS AND WARRANTIES
6. REGISTRATION AND SECURITY
7. FEES AND PAYMENTS
8. COMMUNICATIONS BETWEEN NYTIMES.COM AND MEMBERS
9. SOFTWARE LICENSES
10. TERMINATION
11. MISCELLANEOUS
________________________________________
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use LBT Services, including but not limited to RSS, API, software and other downloads, you will be agreeing to abide by all the terms and conditions of these Terms of Service between you and LBT (“LBT”, “us” or “we”).
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING AN E-MAIL TO US: (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 We may change, suspend or discontinue any aspect of LBT Services at any time, including the availability of any feature, database, or content. We may also impose limits on your access to all or part of LBT Services without notice or liability.
________________________________________
2. CONTENT ON LBT SERVICES
2.1 The content of LBT Services, including LBT.com, are intended for your personal, noncommercial use. All materials published on LBT Services (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright and owned or controlled by LBT or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through LBT Services.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or LBT Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on LBT.com for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from LBT or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Services is owned or licensed to LBT. Certain Content may be furnished by third parties (“Third-Party Content’). LBT shall not be responsible for any delays, inaccuracies, errors or omissions in connection with Third Party Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
________________________________________
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
3.1 You shall not upload to, or distribute or otherwise publish via LBT.com any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be courteous. You agree that you will not threaten or verbally abuse other subscribers, content providers, or mentors, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when participants feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. using Hate speech of any kind will be grounds for immediate and permanent suspension of access to all or part of LBT Services.
Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. LBT encourages active discussions and welcomes heated debate, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of LBT Services.
3.2 LBT Services shall be used only in a noncommercial manner. You shall not, without the express approval of LBT, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to LBT Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by LBT and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to LBT Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.4 You grant LBT a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right of LBT or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by LBT, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while LBT does not and cannot review every Submission, and is not responsible for the content of these messages, LBT reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on LBT.com and possible use in connection with LBT Services and in connection with related online and offline promotional uses.
3.7 Any person involved in or affiliated with the production of a work reviewed on LBT.com may not submit a Readers’ Review for that work or competing works.
________________________________________
4. USE OF THE SERVICES
4.1 You may not access or use, or attempt to access or use, LBT Services to take any action that could harm us or a third party. You may not access parts of LBT Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of LBT.com and/or the integrity of other LBT Services, including the presentation or display of advertising. Being exposed to advertising is a condition of using LBT Services.
4.2 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to such site.
________________________________________
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless LBT and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. LBT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 LBT does not represent or endorse the accuracy or reliability of any article, advice, opinion, statement, recipe, instruction, survey, or the content of any podcast or video, or other information displayed, uploaded, or published or distributed through LBT Services (altogether, herein, referred to as “Published Information”) by any user, information provider, or any other person or entity. You acknowledge and agree that any reliance upon any Published Information is at your own risk and LBT, hereby, disclaims any liability therefor. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
________________________________________
6. REGISTRATION AND SECURITY
6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to LBT Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of LBT. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in the immediate suspension or termination of your account.
6.2 Please notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be at least 13 years old to subscribe to all parts of LBT Services.
6.4 You are responsible for all usage or activity on your LBT account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
______________________________________
7. FEES AND PAYMENTS
7.1. We reserve the right at any time to charge fees for access to portions of LBT Services or LBT Services as a whole. However, in no event will you be charged for accessing LBT Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee to allow your access to LBT Services that are now free, we will give you advance notice of such condition. You may cancel your account at any time. All new fees, if any, will be posted prominently on LBT.com and in other appropriate locations relevant to your use of LBT Services. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through LBT Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of LBT Services through your account.
________________________________________
8. COMMUNICATIONS BETWEEN LBT AND USERS
8.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third-party vendors to provide you with information about products and services.
8.2 LBT reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.3 LBT reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees utilizing LBT.com may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy.
8.4 LBT may contact you via e-mail regarding your participation in user surveys, ask for feedback on current Services or prospective products and services. This information will be used to improve LBT Services by allowing us to better understand the needs of our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregated form.
________________________________________
9. SOFTWARE LICENSES
9.1 You shall have no rights to LBT’s proprietary software, and the documentation related thereto, or to any enhancements or modifications thereto (“Software”), that is used to allow users access to LBT Services. You may not sublicense, assign or transfer any licenses granted by LBT.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
________________________________________
10. TERMINATION
10.1 You may terminate your account at any time by calling or emailing us, using the contact information supplied on LBT.com. Upon termination of your account, you will receive an automated confirmation via e-mail that the cancellation was processed, and your access will be suspended within 24 hours.
10.2 LBT may, in its sole discretion, terminate or suspend your access to all or part of LBT Services for any reason, including, without limitation, breach of these Terms of Service.
________________________________________
11. MISCELLANEOUS
11.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Westchester County, New York, USA.
11.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in LBT’s Privacy Policy.
11.3 Correspondence should be sent to us based on our contact information supplied on LBT.com.
11.4 If you believe that your work has been copied in a way that would constitute copyright infringement, please provide us the following information:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
5. a 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;
6. 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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Latin Business Today, Attn: Copyright Compliance, 15 Inwood Lane, West Cortlandt Manor, NY 10567
By email: info@latinbusinesstoday.com