Hispanicize Wire Membership Terms and Conditions
A. Acknowledgements and Warranties
A registered Hispanicize Wire member submitting material to Hispanicize Wire for distribution (“Company”) grants Hispanicize Wire the rights to reproduce, distribute, translate and create derivative works of the material submitted. Company warrants and represents that the content of all materials submitted to Hispanicize Wire will be accurate and original; that Company owns or is an authorized licensee in the material provided to Hispanicize Wire for distribution; that the material will not violate or infringe upon any copyright, trademark, or other intellectual property, proprietary, personal, privacy, or other rights worldwide of other persons; that the material does not contain anything defamatory or any viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the material complies with all applicable laws and regulations. Company further warrants and represents that all recipients included on any distribution list provided by Company to Hispanicize Wire have expressly consented to receive
advertising and/or promotional email messages from Company.
B. Payment Terms
Membership and first usage must be paid in advance by credit card unless other prior arrangements are made. Payment terms thereafter are net due upon receipt, and charges become overdue after 30 days. If the account becomes delinquent, Company acknowledges and agrees that Hispanicize Wire may demand payment of the balance owed in full, with accrued interest according to applicable laws and late charges. If Company’s banking institution does not honor any payment to Hispanicize Wire due to insufficient funds, Company agrees to pay Hispanicize Wire a processing fee equivalent to US $50.00 per incident.
In the event of a default on the balance owed, Company agrees to pay all costs of collection, including legal fees and costs, which are incurred by Hispanicize Wire or its agents. In addition, Company acknowledges that any special considerations on pricing or service may be negated upon default of balance owed. In the event of litigation or arbitration to enforce the terms or conditions of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
C. Financial Liability for Company’s Payment Program
Hispanicize Wire will not be held financially responsible for any costs associated with Company’s elective implementation of its own or a third party’s processes, programs, technology, etc. that could affect payment to Hispanicize Wire (each a “Payment Program”). If participation in such Payment Program is required to process or collect payments due to Hispanicize Wire, the client will assume all costs and/or any fees related to use of such Payment Program. If, as a result of Company’s use of a Payment Program, Hispanicize Wire incurs any additional costs, Company may be charged a processing fee.
D. Indemnity; Limitation of Liability
Company will indemnify and hold harmless Hispanicize Wire and its officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Hispanicize Wire to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to its breach of any of the warranties and representations provided herein.
HISPANICIZE WIRE SHALL NOT BE LIABLE TO COMPANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF HISPANICIZE WIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL HISPANICIZE WIRE BE LIABLE TO COMPANY FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY COMPANY TO HISPANICIZE WIRE FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you.
E. Force Majeure
If Hispanicize Wire is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, Hispanicize Wire shall not be liable for any resulting failure to provide services hereunder.
F. Use of Personal Data
Any and all Personal Data (i.e. information relating to an individual) that Company supplies to Hispanicize Wire may be shared with other companies in the Hispanicize Wire family of companies and certain trusted third parties, and may be transferred to the U.S. or elsewhere. Company warrants any individuals whose Personal Data it provides have consented to such uses and transfers. Any concerned individuals who wish to opt out of any use or transfer of their Personal Data may contact Hispanicize Wire through the Hispanicize Wire client service e-mail at [email protected]
G. Governing Law; Venue
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the county of Miami-Dade, Florida.
H. Change in Terms
Hispanicize Wire reserves the right to reject or edit copy when absolutely necessary in its judgment. All news copy and photographs processed shall be the property of Hispanicize Wire.
Hispanicize Wire endeavors to disseminate promptly and accurately all news which it processes. Any inadvertent errors by Hispanicize Wire will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Hispanicize Wire in this regard.