TERMS OF USE
(
1. Acceptance. By
accessing, viewing or using any Service (defined below) or Content (defined
below) of mediakit@univision.net
(the “Media Kit Site”), which is
owned and operated by Univision Communications Inc. (hereinafter “Univision” or “we”), each person or entity (hereinafter “User” or “you”)
expressly accepts and agrees to be legally bound by and comply with all of the
general terms and conditions set forth herein, as well as all of the provisions
of our Privacy Policy for the Media Kit Site
(which is incorporated herein by this reference). The general terms and conditions set forth
herein, together with the provisions of the Privacy
Policy,
are referred to hereinafter collectively as these "Terms of Use."
If
you do not agree to any of these Terms of Use, please do not access or use any
Service or Content of the Media Kit Site.
Univision reserves the right, in its sole discretion, to update and
revise these Terms of Use at any time. If we make changes to
these Terms of Use, we will inform you by posting a notice on the
Media Kit Site. We may also notify you of the changes via
email and may ask you to affirmatively consent to and accept the changes at the
time of your next account login on the Media Kit Site. By continuing to use the Media Kit Site after
such notice and/or consent, you are bound by these Terms of
Use as modified.
2. Eligibility. The
Media Kit Site is intended solely for clients/advertisers of Univision and its affiliates
(as defined below), and is accessible only by Users who have registered with
the site. Accordingly, as a condition of
use and registration, you represent and warrant that: (i) you have advertised
with Univision and/or any of its affiliates (ii) if you are registering as an
individual User, you have attained the legal age of majority in your state of
residence, and are fully able and competent to understand, assent to, and enter
into these Terms of Use, and to abide by and comply with these Terms of Use;
and (iii) if you are registering on behalf of a business entity, you have full
power and authority to accept these Terms of Use on behalf of such business
entity. In any event, no one under 13 years of age may use the Media Kit Site or any of its
Services or Content. Your use and registration
may be terminated and cancelled without warning if we have any reason to
believe that you have misrepresented any of the foregoing or that you are under
the age of 13.
3. Certain Definitions. As
used herein, the term "Service" means any online service
provided by or through the Media Kit Site; the term "Content"
means any and all information, data, material, work, text, message,
communication, images, television shows, videos, audios, programs, software,
and merchandise made available on the Media Kit Site; the term "Member"
means any User who has registered with the Media Kit Site; and the term "Univision
Related Parties" means, collectively, Univision and its affiliates,
and their respective agents, representatives, employees, officers, directors,
shareholders, members, owners, partners, licensors, licensees, sponsors,
suppliers and contractors.
4. Right to Terminate. Any
violation of these Terms of Use by a User may result in civil or criminal
liability, and Univision may, in addition to any remedy that it may have at law
or in equity, immediately terminate
permission for any User or, if necessary, for all Users to use the Media
Kit Site. Univision reserves the right,
but has no obligation, to terminate or remove any Service or Content of the
Media Kite Site that, in its sole judgment, violates any applicable law, or may
expose or subject any of Univision Related Parties to liability of any kind, or
may adversely affect the reputation or goodwill of any of Univision Related
Parties. Please note that a violation of
these Terms of Use by someone accessing the Media Kit Site through a Member’s
account will be considered a violation by that Member, whether or not the
violation is with or without with the knowledge or
consent of that Member.
5. Right to Investigate. Univision may
investigate any suspected or alleged violation of these Terms of Use and
cooperate with law enforcement authorities and/or third parties in such
investigation. EACH USER HEREBY
WAIVES AND AGREES NOT TO ASSERT ANY CLAIMS AGAINST UNIVISION RELATED PARTIES
BASED UPON ANY INVESTIGATION BY UNIVISION OR LAW ENFORCEMENT AUTHORITIES, OR
BASED UPON ANY ACTION TAKEN IN CONNECTION WITH OR AS A RESULT OF SUCH
INVESTIGATION.
6. Right to Disclose. You understand and agree that Univision
has the right at all times to disclose the identity of any User in connection
with internal inquiries in connection with any abuse of the Media Kit Site or
any of its Services or Content, law enforcement authorities' investigation of
alleged illegal activity, or in response to a lawful court order or subpoena.
7. Prohibited Use and Reporting Abuse. Univision does not
permit or tolerate any illegal, abusive, harmful or improper use of the Media
Kit Site or any of its Services or Content, or any use that interferes with
other Users' enjoyment of the Media Kit Site or any of its Services or
Content. If you believe a User has committed any wrongful or improper
use of the Media Kit Site, please report to us mediakit@univision.net. Without limiting
the generality of the foregoing, Univision specifically prohibits the following
activities:
(a) Using the Media Kit Site or any of its Services or
Content for illegal or unlawful purposes, including, without limitation, unfair
competition, false advertising, consumer fraud, and infringement or
misappropriation of any right of any other person or entity;
(b) Gaining or attempting to gain unauthorized access to
the Media Kit Site or any of its Services or Content, or using another User’s
account, username, password or other identity or account access information
without permission;
(c) Impersonating, or otherwise misrepresenting
affiliation, connection or association with, any person or entity, including,
without limitation, any of Univision Related Parties;
(d) Engaging in any act to deceive or mislead, including,
without limitation, falsifying User information when registering with the Media
Kit Site;
(e) Disrupting or interfering with another's use of the
Media Kit Site or any of its Services or Content or any Univision system or
network, including, without limitation, (i) making "denial of
service" attacks against another system or network host or another User;
(ii) hacking, mail-bombing, flooding, overloading, attacking or otherwise
sabotaging or interfering with a system or network; and (iii) without
permission from the owner or host of a system or network, accessing such system
or network, monitoring data or traffic, probing, scanning, testing firewalls,
testing the vulnerability of such system or network, or breaching the security
or authentication routines of such system or network;
(f) Redistributing, reselling or attempting to
redistribute or resell any Service or Content of the Media Kit Site without
Univision’s prior written authorization; and
(g) Any other activities that Univision determines, in its
sole discretion, are illegal, abusive, harmful or improper.
8. Proprietary Rights. Each
User hereby acknowledges and agrees that the Media Kit Site and all of its
Services and Content are protected by copyrights, trademarks, service marks,
patents, trade secrets, and/or other proprietary rights that belong to
Univision Related Parties. Except as
expressly authorized in writing by Univision, you may not copy, reproduce, sell,
distribute, disseminate, transmit, publicly display, publish, modify, adapt,
edit or otherwise exploit any Content for any purpose, by any means or in any
media, other than (i) printing or downloading for your own internal use ONLY, provided
that you must keep intact all copyright, trademark and other proprietary rights
notices contained in or accompanying such Content; and/or (ii) as expressly
authorized by Univision. The systematic
retrieval of any Content to create or compile, directly or indirectly, a
collection, compilation, database or directory without the prior written
permission of Univision is prohibited.
In addition, use of any Content for any purpose not expressly permitted
in these Terms of Use is prohibited.
9. Univision Trademarks. As used herein, "Univision
Trademarks" means all names, marks, brands, logos, designs, trade
dress and other designations that belong to Univision Related Parties,
including, without limitation, UNIVISION, the tulip "U" logo,
UNIVISION.COM, UNIVISION INTERACTIVE MEDIA, UNIVISION RADIO, UNIVISION MOVIL, TELEFUTURA,
the triangle within triangle logo, UNICLAVE, MIUNICAST, PREMIO LO NUESTRO A LA
MUSICA LATINA, and NUESTRA BELLEZA LATINA.
You may make reference to Univision Trademarks, but only if such
reference is truthful and not misleading.
You may not remove or alter any Univision Trademarks. You hereby acknowledge the rights of
Univision and its affiliates in and to Univision Trademarks, and agree that any
and all use of Univision Trademarks shall inure to the sole benefit of
Univision and its affiliates. Except as
expressly authorized in writing by Univision, you may not incorporate any
Univision Trademarks into your or any third party’s marks, names, logos, domain
names, links or designations.
10. Third Party Trademarks. All other trademarks
and service marks appearing on the Media Kit Site are the property of their
respective owners.
11. Third Party Websites. The Media Kit Site may
contain links to third party websites, and Univision provides such links for
your convenience only. These sites are
owned or controlled by third parties unrelated to Univision and its affiliates. Therefore, Univision does not warrant or
guarantee the availability, completeness, correctness, accuracy, usefulness,
timeliness or reliability of, or the results of your use of or reliance upon,
any information or material contained in such third party sites. Also, by merely linking to a third party
site, Univision by no means sponsors, endorses, approves or recommends such
third party site, or any information, material, views, opinions, products or
services posted, offered or advertised on such third party site. You acknowledge that access and use of such
third-party sites is entirely at your own risk.
You agree that under no circumstances will Univision be liable in any way
for any information or material contained in any third-party sites linked to or
from the Media Kit Site. You further
agree that Univision is not responsible for any errors or omissions associated
with such third-party sites, or for any loss or damage of any kind incurred as
a result of your use of or reliance upon any information or material contained
in such third-party sites.
12. User Postings Not Allowed. The Media Kit Site does not support or allow
User-generated content or posting at this time. Should Univision introduce such functionality
on the Media Kit Site in the future, Univision reserves the right to modify
these Terms of Use as necessary or appropriate to address related issues.
13. Notice of Copyright Infringement. If you believe that your
rights under
UNIVISION COMMUNICATIONS INC.
605 Third Avenue 12th floor
Attn: Product Marketing and Innovation
14. Account Security and Privacy. When registering to become a Member, you will
be asked to choose a username and a password.
You are solely responsible for maintaining the security and
confidentiality of your username, password and other account access
information. You may not use another
User’s account or disclose another User’s username, password or other account
access information to any third party, unless with the permission of that
User. You agree to notify Univision
immediately of any suspected unauthorized use of your account or account access
information. You are solely responsible
for any and all activities under your account, including activities by those
whom you authorize or with whom you share an account.
Univision
is committed to respecting your privacy and your need to protect personal
information that you share with us. To
view our policy regarding your privacy, please click on Privacy
Policy.
15. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND
AGREE THAT:
(A) THE MEDIA KIT SITE AND ITS SERVICES AND CONTENT ARE FOR
GENERAL INFORMATION PURPOSES ONLY. YOUR USE OF THE MEDIA KIT SITE OR ANY OF ITS SERVICES OR
CONTENT DOES NOT CREATE OR ESTABLISH ANY DUTY OR OBLIGATION, EXPRESS OR
IMPLIED, ON THE PART OF UNIVISION OR ANY OF ITS AFFILIATES WITH RESPECT TO
ADVERTISING, PROMOTION OR ENDORSEMENT OF ANY PRODUCTS OR SERVICES OFFERED BY
YOU OR THIRD PARTIES.
(B) ALL SERVICES AND CONTENT OF THE MEDIA KIT SITE ARE PROVIDED
"AS IS," "AS AVAILABLE" AND “WITH ALL FAULTS,” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, UNIVISION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO ANY AND ALL SERVICES AND CONTENT OF THE MEDIA KIT SITE,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND
NON-INFRINGEMENT. UNIVISION DOES NOT
WARRANT OR GUARANTEE THE AVAILABILITY, ACCESSIBILITY, COMPLETENESS,
CORRECTNESS, ACCURACY, USEFULNESS, TIMELINESS, RELIABILITY OR SAFETY OF, OR THE
RESULTS OF YOUR USE OF OR RELIANCE UPON, ANY SERVICE OR CONTENT OF THE MEDIA
KIT SITE. UNIVISION ALSO DOES NOT
WARRANT OR GUARANTEE THAT ALL SERVICES AND CONTENT OF THE MEDIA KIT SITE WILL
BE UNINTERRUPTED AND/OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL SERVICES AND CONTENT
OF THE MEDIA KIT SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(C) YOUR USE OF OR RELIANCE UPON ANY SERVICE OR CONTENT OF THE
MEDIA KIT SITE IS ENTIRELY AT YOUR OWN RISK.
16. Limitation of Liability. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND
AGREE THAT:
(A) IN NO EVENT SHALL UNIVISION OR ANY OF UNIVISION RELATED
PARTIES BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS
OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF
BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE
OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, ANY SERVICE OR CONTENT OF THE
MEDIA KIT SITE, REGARDLESS OF WHETHER OR NOT UNIVISION OR ANY OF UNIVISION
RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
(B) IN NO EVENT SHALL THE TOTAL LIABILITY OF UNIVISION OR ANY OF
UNIVISION RELATED PARTIES TO YOU FOR ANY AND ALL CLAIMS BASED UPON YOUR USE OF,
YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, ANY SERVICE OR CONTENT OF THE
MEDIA KIT SITE, EXCEED ONE THOUSAND UNITED STATES DOLLARS (US$1,000).
(C) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
17. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
UNIVISION AND ALL UNIVISION RELATED PARTIES HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS,
DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN
CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON,
ANY SERVICE OR CONTENT OF THE MEDIA KIT SITE; OR (B) YOUR BREACH OF ANY OF YOUR
REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED HEREIN, OR YOUR
VIOLATION OF ANY OF THESE TERMS OF USE. UNIVISION RESERVES THE RIGHT, AT ITS
OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE
SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE
WITH UNIVISION.COM IN ASSERTING ANY AVAILABLE DEFENSES.
18. International Use. Univision makes no representation or warranty
that all Services and Content of the Media Kit Site are appropriate or
available for use in locations outside the
19. Use of Software. The use of any software or application
provided on the Media Kit Site ("Software")
is subject to the following additional terms and conditions: (a) the Software
is licensed for your own internal use ONLY; (b) all rights, title and interest
in and to the Software, including, without limitation, any copyrights and other
intellectual property rights, shall remain with Univision and its affiliates and/or
the provider or licensor of such Software; (c) except as expressly permitted in
these Terms of Use or by law, you may not copy, modify, sell, distribute,
disseminate, transmit, translate, reverse engineer, decompile or disassemble
the Software, or disclose the Software or any underlying information or
technology to any third party; (d) you may not bypass, disable, deactivate or
render ineffective any protection or security scheme or program contained in
the Software; (e) you may not remove, erase, modify or tamper with any
copyright, trademark or other proprietary rights notice that is printed or
stamped on, affixed to, or encoded or recorded in the Software; (f) you may not
download, install, use, export or re-export the Software or any underlying information
or technology except in full compliance with all U.S. export control laws and
regulations; (g) by installing, 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 country on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders; (h) you acknowledge that Univision and its affiliates provide no
assistance, including any technical or customer support, in the use of the
Software, and your use of the Software is at your own risk; (i) YOU ACKNOWLEDGE
AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS," "AS
AVAILABLE" AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED; (j) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
UNIVISION.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT; (k) IN NO
EVENT SHALL UNIVISION.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS
OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF
BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE
OR MISUSE OF THE SOFTWARE; (l) as a condition to your use of the Software, you
agree to defend, indemnify and hold Univision and all Univision Related Parties
harmless from and against any and all claims, causes of action, demands, suits,
proceedings, judgments, orders, damages, liabilities, losses, costs and
expenses (including, without limitation, reasonable attorneys' fees and legal
costs) arising from or in connection with your downloading, use or reproduction
of, or your receipt or transmission of any material through, the Software; and
(m) Univision reserves the right, in its sole discretion and at any time, to
modify or discontinue the Software, limit, terminate or suspend your use of the
Software, and/or assess charges for the use of the Software in the future.
20. Governing Law Jurisdiction. You expressly acknowledge and agree that:
(a)
The Media Kit Site shall be deemed solely based in the State of
(b)
The Media Kit Site shall be deemed a passive website that does not give rise to
personal jurisdiction over the owner or operator of the site, either specific
or general, in jurisdictions other than the State of
(c)
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of California, U.S.A., without regard to its conflict of laws
principles; and
(d)
Any dispute arising between you and Univision concerning any Service or Content
of the Media Kit Site or concerning these Terms of Use, shall be decided
exclusively by state and federal courts located in the
21. Miscellaneous. These
Terms of Use constitute the entire agreement between you and Univision
concerning your use of the Media Kit Site and its Services and Content. If any provision of these Terms of Use is
deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms of Use, all of which shall remain in full force and effect. No waiver of
any provision of these Terms of Use shall be deemed a further or continuing
waiver of such provision or a waiver of any other provision, and Univision’s failure
to assert any right or provision under these Terms of Use shall not constitute
a waiver of such right or provision.