Effective Date: April 18, 2017
Welcome to the HispanicYell.com website (“Site”) operated by Vega Digital, LLC (“VEGA,” “we,” “us” or “our”). By using the Site and any products or services on the Site (“Services”), you are deemed to accept and be bound by these Terms, INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 15. If you do not accept these Terms, please discontinue using the Site and Services. Your use of the Site or a Service included within the Site may also be subject to additional terms that govern particular services, offers, or features, such as community or chat areas, or special promotions or contests or sweepstakes. These Terms apply regardless of the device used to access the Site (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
VEGA reserves the right to post changes to the Terms on this Site at any time, and by your continuing to use the Site thereafter, you agree to be bound by the new version of the Terms. If any Terms changes are not acceptable, you must stop your use of this Site.
1. Sites and Services
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and VEGA shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by VEGA to meet the needs of its users, or for technical or other reasons, without advance notice or reason. We may also, discontinue providing, temporarily or permanently, any or all of the Site, without notice. To access some of the content or features of the Site or its Services, users may need to enhance or update the hardware or software in their computer systems. VEGA assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the user’s system, the Internet network or any other cause.
2. Registration, User and Profile
Most Websites do not require registration in order to visit. However, in order to access certain features of specific Websites, including posting a comment or providing a review, you may be required to register and create a “User” account. Your User account allows you access to the services and functionality of the Website to post a question, answer, article, comment or review and any other services and functionality.
When creating your User account, you must provide accurate information. You may receive a password and account designation upon completing your Profile. You must not allow someone else to use your Profile, nor can you use someone else’s Profile. You must keep the password to your Profile secure and you must notify VEGA immediately of any unauthorized use of, or security breach connected with, your Profile. You are responsible for all answers, articles, comments and reviews posted from, or any other activity connected with, your Profile. VEGA is not liable for any losses caused by any unauthorized use of your Profile; however, you are liable to VEGA for any losses to VEGA or others caused by such unauthorized use.
In order to create a User account and post answers, articles, comments or reviews, you must be at least 18 years of age and be fully able and competent to enter into, agree to, and comply with, this Agreement. By providing your e-mail address, you consent to us using the e-mail address to send you notices related to the Website(s), including any notices required by law.
3. Use Site at Own Risk
This Site and Services include links to other websites or resources. Because VEGA has no control over such sites and resources, you acknowledge and agree that VEGA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which VEGA has no control and which will govern your rights and obligations with respect to the use of those websites.
To offer use of the Site and Services to its users for free, VEGA allows advertisers to display advertisements or promotional answers on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third-party advertiser or vendor. VEGA does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional answers, and you agree that VEGA will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
You acknowledge that VEGA is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230, and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider of the Site.
4. License to use Content
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of VEGA, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of VEGA or the appropriate affiliate. You are not granted any other license or right with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these Terms are reserved by VEGA.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
5. Prohibited Conduct
The following activities are prohibited:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
- Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
- Modify the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
- Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of VEGA;
- Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
- Access the Site or Services by any means other than through the interface that is provided by VEGA;
- Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
- Collect or store personal data about other users of the Site or Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
- Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”); Postings for any unlawful or fraudulent purpose (including links); Posting of personal information (for yourself or anyone else); Phishing; Posting materials containing viruses or other malicious or destructive code;
- Using any software which sends queries to determine how a website or webpage “ranks” for various queries;
- Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Harming or threatening to harm anyone in any way;
- “Stalking” or otherwise harassing any other person or entity;
- Impersonating any person or entity (including a VEGA agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Posting any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission;
- Disseminating or transmitting any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site; and/or
- Engaging in “screen scraping,” “database scraping,”; or
VEGA reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms. Such action may include, without limitation, terminating your license to access the Site or use the Services or initiating civil or criminal legal proceedings.
When you visit our Site, or send us email, our responses to your communications may be by e-mail. VEGA has the right to disclose any email sent by a user, or any objectionable material, to comply with legal process or to protect the rights or property of VEGA, its customers, suppliers, third parties, and users.
7. Modifications to the Services
VEGA reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that VEGA will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
8. Terminations of Use of Services
We may terminate your use of the Site and/or Services or account and deny you access to the any additional services in our sole discretion due to: (i) your violation of these Terms; or (ii) if we consider, in our sole discretion, that your use of the Site or Services does not meet our standards or violates our guidelines. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that VEGA may immediately deactivate or delete your access and all related information and/or bar any further access by you of the Site or Services. If you use the Site or Services in violation of these Terms, VEGA may retain all data collected from your use of the Site or Services. Further, you agree that VEGA shall not be liable to you or any third party for the discontinuation or termination of your access to the Site or Services.
9. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. VEGA IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IACP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR VEGA’S PARTICULAR PURPOSE AND NON- INFRINGEMENT WITH RESPECT TO THE USE OF THIS SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE. VEGA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD-PARTY SOFTWARE OR MATERIAL
10. Limitation of Liability
You understand and agree that VEGA, its subsidiaries and affiliates, and their officers, employees and agents, are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, incidental, special, consequential, exemplary or punitive damages, however caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from:
- The use of, or the inability to use, the site or services,
- The cost of procurement of substitute services,
- Unauthorized access to or alteration of your transmission of data,
- The statements or conduct of any third party on the Site,
- Reliance on content or postings on the Site, including without limitation in any community,
- Any other matter relating to the Site or services.
These limitations will apply whether or not VEGA has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
11. Exclusion of Limitations and Disclaimers
Since some jurisdictions do not allow the disclaimer of warranties, or the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions VEGA’s liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold VEGA, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms or the Community Guidelines, or (e) your violation of any rights of another party.
13. Copyright and Trademark Protection
We own all right, title and interest in and to the Site, the products and Services offered on the Site as well as our logos, tradenames, and trademarks. The VEGA IP is protected under U.S. and international intellectual property laws (including, without limitation, copyright and trademark). Except as otherwise allowed under these Terms, you agree not to copy, display, or use the VEGA IP in any manner without VEGA’s prior written permission. To seek permission to use any of the VEGA IP, please contact VEGA in writing at the following address:
Vega Digital, LLC
Attention: Legal Department
6535 Chesterfield Ave.
McLean, VA 22101
14. Notice for Claims of Copyright Infringement
VEGA respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. VEGA may, in appropriate circumstances, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. VEGA also may remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, VEGA may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on VEGA’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify VEGA’s Legal Department:
Vega Digital, LLC • 6535 Chesterfield Ave. • McLean, VA 22101
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
- Except as otherwise provided in this section, by using the Site and Services, you and VEGA agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these Terms or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, which can be found here, by one or more arbitrators appointed in accordance with those Rules. VEGA will agree to commence arbitration in your county of residence. At your written request, VEGA will consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse VEGA for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
- Class Action Waiver. Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor VEGA will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
- No Right to Jury Trial for Arbitral Claim. YOU AND VEGA ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, VEGA, OR VEGA INDEMNIFIED PARTIES, BOTH YOU AND VEGA STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
- Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by VEGA to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in the Commonwealth of Virginia, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section.
These Terms, and any applicable Terms, constitute the entire agreement between each user and VEGA governing the user’s access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The Terms are governed by the laws of Virginia. Each user hereby agrees to the jurisdiction of the courts of Virginia. The failure by VEGA to exercise any right or to enforce any provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the Terms will remain in full force and effect. You agree that, except for VEGA and as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. The section titles in this Terms are for convenience only and have no legal or contractual effect.
17. Contact Information
If you have any questions or concerns with respect to these Terms or Site and Services, please contact us at email@example.com or call 703-408-1411.