Terms of Use

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF Use
AND OUR PRIVACY POLICY.


This Web site (the "Site") is owned and operated by Fox Latin American Channel, Inc., or one of its parent or subsidiary companies within the United States or worldwide (collectively, "FLAC"). These terms of Use (the "Terms of Use" or "TOU") apply to and govern your use, and any use by another person, of your User Account, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Use and the FLAC Privacy Policy (“Privacy Policy”), which is hereby incorporated by reference.
For purposes of the TOU, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by FLAC, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) "User Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services.

LICENSE TO USE THE SITE
FLAC grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOU. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOU and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOU or by law.

CHANGES TO SITE AND/OR TERMS OF USE
FLAC reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the TOU, and/or the Privacy Policy, in whole or in part, at any time. Changes to the TOU and Privacy Policy will be effective when posted. You agree to review the TOU and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the TOU and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.

CHANGES IN SITE OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable FLAC database, to the extent FLAC assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of FLAC's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Use and Privacy Policy of the Site's subsequent owner or operator.

OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to FLAC and are owned by FLAC and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by FLAC, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").
Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of FLAC and/or its licensors and content providers and constitutes a violation of these TOU. Any violation of copyright laws may be subject to severe civil and criminal penalties.

SOFTWARE
From time to time, and at its sole discretion, FLAC may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by FLAC or a FLAC-approved third party software provider ("Third Party Provider"). FLAC does not transfer title to the Software to you. You own the medium on which the Software is recorded, but FLAC and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

SUBMISSIONS
FLAC is pleased to hear from its customers and welcomes your comments regarding FLAC products and services, including this Site. Unfortunately, however, FLAC's long-standing company policy does not allow it to accept or consider creative ideas (including stories, character ideas, screenplays, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by FLAC's or its affiliates' professional staff might seem to others to be similar to their own creative work.
If, at our request, you send or post (e.g., via message boards or contests) certain specific submissions, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the exclusive property of FLAC. None of the Submissions shall be subject to any obligation of confidence on the part of FLAC, and FLAC shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, FLAC shall exclusively own the copyright and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and FLAC shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. In addition, you warrant that your Submissions do not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that, in no event, shall FLAC's total liability exceed US$2,000.00.
You agree to indemnify FLAC for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the TOU. FLAC does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, FLAC reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable.
Please refer to the GUIDELINES FOR USE OF THE SERVICES below for additional information concerning Submissions.

FLAC SERVICES AND RULES FOR USE
As a convenience to its visitors, FLAC may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services. These Services are provided by FLAC to you and others subject to the TOU, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by FLAC. FLAC currently provides the Services free of charge to users who agree to be bound and abide by the Rules. FLAC reserves the right to change the nature of this relationship at any time.

If FLAC provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information data via the Internet, SMS, MMS, WAP, BREW, IVR and other means of mobile content delivery to certain compatible mobile devices, the cell phone service provider is not responsible for the content, the service, or any advertising therein contained.  Such services may involve charges in favor of FLAC or your cell phone service provider.  It is your responsibility to verify that the content is compatible with your phone.  Marks, passwords and content are subject to change without notice.  Download time may vary depending on congestion of the cell phone service provider’s network. These services are for entertainment purposes only and interpretation and use is exclusively your responsibility.  All charges are automatic and cannot be invalidated because of an error in the code sent. When applicable and subject to your cell phone service provider, charges will apply for WAP usage for data transmissions per download and WAP navigation. Your phone must be WAP compatible and configured correctly for image (wallpapers screensavers) and ringtone (real music, polifónicos, crazytones, real sounds, voice-tones) downloads.

REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at FLAC’s sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify FLAC of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. FLAC shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.

GUIDELINES FOR USE OF THE SERVICES
You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material ("Posted Content") to any portion of the Services. Listed below are some, though not all, violations that may result in FLAC terminating or suspending your User Account and/or access to FLAC Services. You agree not to do any of the following actions while using any FLAC Service:

1. Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
2. Transmit, in connection with any Service, any Posted Content that FLAC, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
3. Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
4. Impersonate in any Service, any person, including but not limited to, a FLAC official or representative, chat or message board leader, guide or host;
5. Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
7. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
8. Invade the privacy or violate any personal or proprietary right of any person or entity; or
9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOU.

LINKED SITES
FLAC sites may frame, and/or contain links to or advertisements about, non-FLAC Web sites. Other sites may also reference, advertise, or link to FLAC sites. FLAC does not endorse or sponsor other Web sites and is not responsible for the content of such sites. FLAC expressly disclaims any statements or assertions made on non-FLAC Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

NON-UNITED STATES RESIDENTS
FLAC makes no representation that the Site Content, including merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

JURISDICTIONAL ISSUES
The Site is controlled and operated by FLAC from its offices within the State of California, United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or California law and to personal jurisdiction in a court of competent jurisdiction in the State of California for the purposes of any legal action or claim pertaining to these Terms of Use, or arising from the use of your User Account and/or any FLAC Site or Service.

TERMINATION
You understand and agree that FLAC may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any FLAC Site or Service, for any reason. FLAC may also, in its sole discretion and at any time, discontinue any Sites or Services or limit or restrict any user access thereto, for any reason. You understand and agree that FLAC may take any one or more of these actions without any notice to you, prior or otherwise. Should FLAC take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Submissions. You understand and agree that FLAC shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.

DISCLAIMER
THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FLAC DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. FLAC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FLAC) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLAC BE LIABLE FOR ANY INDIRECT, speCIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF FLAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE FLAC TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, FLAC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FLAC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO FLAC, IF ANY, FOR ACCESSING THIS SITE.

OTHER
GOVERNING LAW; ARBITRATION
These Terms of Use and the Privacy Policy shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature arising at any time related to the Site, these Terms of Use or the Privacy Policy shall be determined by court situated in Los Angeles, California, United States of America and any such court is considered competent and convenient as to any such dispute or controversy.
Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.

SEVERABILITY
If any provision of the TOU shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in connection with your activities under this TOU, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, Site Code, and the Software are not exported in violation of the United States laws.

Effective Date: January 26, 2007