San Antonio San Antonio l
Es tu ciudad, conéctate
San Antonio

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OF HOLACIUDAD.COM.BY USING THE SERVICES, YOU EXPRESSLY ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER. These Terms of Use (the "Agreement") set forth the terms and conditions that apply to your use of any of the services or content of holaciudad.com ("holaciudad!"). As used herein, the term "Service" means any online service provided by holaciudad, including, without limitation, internet access, email, instant messaging, webcast, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, weblogs, videoblogs, and shopping services. "Content" means any and all information, data, material, work, text, message, communication, images, television shows in whole or in part, videos, audios, programs, software and merchandise provided by holaciudad. "User" means you or any other person who accesses or uses holaciudad�s Services or Content, regardless of whether you or such other person has an account with holaciudad. The term "Member" means a User who has registered with holaciudad in order to access and use a Service that requires registration. The term "Site" means the site located at www.holaciudad.com. The term "holaciudad Related Parties" means, collectively, ZGS Digital, Inc. d/b/a/ holaciudad.com, its parents, subsidiaries and affiliates, and their respective agents, representatives, employees, officers, directors, shareholders, members, owners, partners, licensors, licensees, sponsors, suppliers and contractors. You hereby agree you are responsible for all charges associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all access lines and computer equipment, or other access device, necessary to access the Services. 1. RESTRICTIONS ON USE holaciudad may, in its sole discretion, discontinue or alter any aspect of the Services and the Site, including, but not limited to (a) restricting the time of availability, (b) restricting the availability and/or scope of the Services for certain platforms (i.e., computer types and operating systems), (c) restricting the amount of use permitted, and (d) restricting or terminating any User's right to use all or part of the Services, at any time in holaciudad�s sole discretion and without prior notice or liability. 2. OWNERSHIP The Services are owned and operated by holaciudad and its affiliated companies and contain material that is derived in whole or in part from material supplied and owned by holaciudad, its parent company, subsidiaries, etc. and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Services, including but not limited to code and software ("Material"). You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, data base, or directory without the prior written permission of holaciudad is prohibited. In addition, use of any Content for any purpose not expressly permitted in this Agreement is prohibited. holaciudad and the holaciudad trademarks and service marks found on the Site and accessible as a result of the Services provided are marks of holaciudad. All other trademarks, service marks and trade names used on the Services are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of holaciudad! or the owner of such trademark, service mark or trade name. 3. MEMBERSHIP RULES AND RULES FOR THE USE OF THE SERVICES A. REGISTRATION When you register to use the Service, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if holaciudad suspects that your information is untrue or inaccurate, not current, or incomplete, holaciudad, may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Services. Any personal information supplied hereunder will be subject to the terms of our Privacy Statement. The Services are currently provided for free, although certain wireless services you request may cause you to incur text messaging or other charges by your wireless carrier. Any charges are your sole responsibility. holaciudad reserves the right to change the nature of this relationship at any time. B. ACCESS BY MINORS The Services are intended for site visitors ages 13 and up. Children under the age of 13 may not register for Services or with the Site. By registering as a member, you represent that you are 13 years of age or older. See paragraph 10 below for more details about access by minors. C. PASSWORDS Should holaciudad provide to you a password that allows you to access certain Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify holaciudad of any unauthorized use of your password or account, or any other breach of security, and that if you access Services via the Site, you will log off of the Site at the end of each session to prevent fraud on your account by third parties. D. EMAILS AND YOUR PREFERENCES holaciudad may choose to send you e-mail newsletters on a variety of topics - for example, informing you of membership benefits and features, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, holaciudad may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose. We reserve the right to continue to contact you while you are registered as a member with emails or other messages letting you know of problems with the Site or with Services we offer. E. RULES FOR USE OF THE SERVICES Conduct Required for Use of the Services holaciudad does not permit or tolerate any illegal, abusive, harmful or improper use of its Services or Content, or any use that interferes with other user�s use and enjoyment of its Services or Content. Without limiting the generality of the foregoing, holaciudad specifically prohibits the following activities and it is a condition of your use of the Services, that you do not: a) post, transmit, collect, store or solicit any material, information, message or communication, or engage in soliciting, inducing or contributing to any act or conduct that is unlawful, threatening, harassing, abusive, libelous, slanderous, scandalous, deceptive, defamatory, fraudulent, invasive of another�s privacy, tortuous, obscene, vulgar, pornographic, profane, racist, discriminating, or otherwise objectionable or offensive (as determined by holaciudad in its sole discretion); b) post, transmit, collect, store or solicit any material, information, message or communication, or engage in soliciting, inducing or contributing to any act or conduct that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or the intellectual right of any person or entity, including, without limitation: (i) copying, reproducing displaying, exhibiting, performing, transmitting, sharing or distributing any copyrighted work or material without permission from the copyright owner; (ii) providing information, software, programs or tools that enable circumvention of manufacturer-installed copy-protected devices; (iii) providing pirated music, movies, video or software, or links to pirated music, movies, video or software; (iv) posting or distributing video, photographs or images of another person without his or her consent (or in the case of a minor, the minor�s legal guardian); and (v) disseminating or transmitting private, confidential or proprietary information or material that you do not have permission or a right to disseminate or transmit; c) post, transmit, collect, store or solicit any material, information, message or communication, or engage in soliciting, inducing or contributing to any act or conduct that violates or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act; d) post, transmit, collect, store or solicit harmful computer software viruses, bugs, worms, codes, files or programs, or any programs or files which contain such; e) post, transmit, collect, store or solicit personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent, or under false pretense, or through "phishing"; f) post, transmit, collect, store or solicit personal information about persons under the age of 18; g) promote or solicit other Users to join, become members of, or contribute money to any online service or other organization (including, without limitation, a religion, cult or sect), or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; h) promote or solicit gambling or engaging in any gambling or similar activity; i) promote or solicit instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; j) gain or attempt to gain unauthorized access to any service, profiles, blogs, chat rooms, communities, or account information, or provide, solicit or exchange other user�s passwords or personal identifying information for commercial or unlawful purposes; k) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; l) engage in any act to deceive or mislead, including, without limitation, (i) falsifying user information; (ii) forging or otherwise manipulating headers or other identifying information in order to disguise the origin of any user posting; (iii) using invalid or nonexistent domain names or other means of deceptive addressing in user postings; and (iv) relaying e-mail or other material in an anonymous fashion, relaying e-mail or other material from any third party�s server without the third party�s permission, or using similar techniques to hide or obscure the source of e-mail or other material; m) transmit or distribute "junk mail", "chain mail" or "chain letters", or engage in unsolicited mass e-mailing, "spamming" or "spimming", or making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes" and "ponzi schemes"; n) engage in "trolling", such as posting material, information, message or communication that is off-topic, absurd, or meaningless with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users are able to type, or otherwise acting in a manner that negatively affects other users� ability to engage in real time exchanges; o) disrupt or interfere with other Users� use of any Service or Content or any 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; p) resell or attempt to resell any Service without holaciudad�s prior written authorization; q) engage in any other activities that holaciudad determines, in its sole discretion, are illegal, abusive, harmful, or improper. You agree that you will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. holaciudad, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision or any other provision of the Rules of Use. You are solely responsible for any interaction with other members or visitors to Site, and the Site reserves the right, but shall have no obligation, to monitor disputes between you and any other member of Site. You certify that you are an individual (i.e., not a corporation). F. MONITORING holaciudad has no obligation to monitor the use of the Services by members. You acknowledge and agree that holaciudad reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Services constitutes consent to such monitoring. Furthermore, holaciudad reserves the right at all times to disclose any information posted on any portion of the Services and/or Site as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in holaciudad�s sole and absolute discretion are objectionable or in violation of this Agreement. G. PERSONAL SAFETY When using the Services, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. 4. CONTENT PROVIDED THROUGH THE SERVICES Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). You, and not holaciudad, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Postings do not reflect the views of holaciudad, and holaciudad does not have any obligation to monitor, edit or screen any Postings. You should not assume that Postings from any User have been reviewed by holaciudad, that such Postings contain correct information, or that the persons posting such Content and Postings have accurately identified themselves and/or their affiliation with any third party. Please see our Terms of Use and Privacy Policy. Notwithstanding anything else in these Rules of Conduct, holaciudad should not be seen as endorsing any Post in any way. holaciudad and holaciudad Related Parties shall not be liable for any Posting. Since portions of the Site will contain Content supplied by third parties, you understand that by using the Services, you may be exposed to Content and Postings that are offensive, indecent, or objectionable. Under no circumstances will holaciudad be liable in any way for any Postings, including, but not limited to, liability for any errors or omissions in any Content or Posting, or for any loss or damage of any kind incurred as a result of the use of any Content or Postings posted, e-mailed, or otherwise transmitted via the Services. A. RULES FOR CHAT ROOMS, MESSAGE BOARDS, AND OTHER USER-SUPPLIED MATERIAL You acknowledge that anything you submit to holaciudad by way of any Posting is routed through holaciudad�s servers and the Internet, and therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on holaciudad are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. (Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth above, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.) If a Posting originates from you or your account, you hereby agree not to post any materials that violate the Rules of the Site as set forth above in section 3 above. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website, specifically the Rules for the Use of the Service set forth above. Although holaciudad may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like, holaciudad is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. holaciudad may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate holaciudad's policies in any way. Further, holaciudad reserves the right to remove or edit content from any areas containing User-supplied Materials at any time and for any reason although we have no duty to do so. holaciudad will fully cooperate with any law enforcement authorities or court order requesting or directing holaciudad to disclose the identity of anyone posting such materials. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please inform us about it by contacting us at webmaster@zgsgroup.com. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. B.RULES FOR USER-SUBMITTED CONTENT The term "Content" shall include any materials or information submitted by you, including, without limitation, your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas, Postings or other material furnished by you to holaciudad through the Site or otherwise. a) ORIGINALITY; RIGHT TO POST:Any Content that you post or upload on this Site must be either (i) an original work by you, that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) or (ii) Content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting Content, you must have all the rights, licenses, permissions and consents necessary to submit the Content and to grant all of the rights that you have granted to holaciudad under this Agreement. Before you post content, you must have the express consent of everyone who appears in the Content to submit the Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian. b) GRANT OF RIGHTS IN CONTENT: By uploading or inputting Content to holaciudad you hereby acknowledge and agree that you are granting holaciudad (including, without limitation, its licensees, successors and assigns), the perpetual and irrevocable, non-exclusive right and license to: (i) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the Content to appropriate media formats, standards or mediums; and (ii) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the Content (in whole or in part and as altered by holaciudad in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on holaciudad's website, on other websites, and on all owned or operated television and radio stations of ZGS Communications, Inc. and its affiliates ("ZGS Stations"), as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for, holaciudad, Site, and other websites, and all ZGS Stations and their programming, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the Content. You grant the rights hereunder whether or not your Content or any part thereof is actually used by holaciudad. You acknowledge that your consideration for the rights you grant in your Content is the possibility that holaciudad its licensees, successors and/or assigns will review or use your Content. You will not receive any further compensation of any kind for your Content or the use thereof, and you agree that holaciudad, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your Content. Your Content will not be acknowledged or returned. You acknowledge and agree that your Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between holaciudad and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the Content. holaciudad shall have the right, in its sole discretion, not to post the Content on any website, to remove the Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Content in any manner whatsoever. holaciudad has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Content. You recognize that other persons, including holaciudad�s own employees, may have submitted to holaciudad or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Content. You acknowledge and agree that holaciudad, its licensees, successors and/or assigns shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of holaciudad or its licensees', successors' and/or assigns' use of such similar or identical materials. Nothing in this Agreement, or your submission of the Content, shall be deemed to place you in any different position from any other member of the public. c) USE OF YOUR NAME AND LIKENESS: By sending holaciudad your Content, you consent to the recording, use and reuse by holaciudad, their licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by holaciudad, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with holaciudad, the Site, or related websites, in and in connection with any television programs and other productions including on ZGS Stations, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that holaciudad and the ZGS Stations, their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable. d) OWNERSHIP OF USER SUBMITTEDTENT: Except as expressly set forth in this Agreement, you shall continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by holaciudad or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the Content will continue to be governed by, and may be limited by, other applicable laws. 5. MERCHANTS Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant or advertiser. holaciudad! will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Services. 6. DISCLAIMERS holaciudad is not responsible for any incorrect or inaccurate Content posted on the Services or in connection with the Site, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. holaciudad provides links to certain third party websites for your convenience only. These linked sites are owned and controlled by third parties unrelated to holaciudad. Therefore, holaciudad 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. holaciudad has in no way investigated, monitored or checked for accuracy or completeness of these sites. holaciudad 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 you access and use such third party sites solely at your own risk. You agree that under no circumstances will holaciudad be liable in any way for any information or material contained in any third party sites linked to or from holaciudad. holaciudad is not responsible for any errors or omissions with such third party sites, or for any loss or damage of any kind incurred as a result of your use or reliance upon any information or material contained in such third party site. holaciudad takes no responsibility for third party advertisements which are posted on or through holaciudad or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. holaciudad! is not responsible for the conduct, whether online or offline, of any User of holaciudad or the Services provided through the Site. holaciudad assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. holaciudad is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall holaciudad be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a holaciudad event, from any Content posted on or through holaciudad, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and holaciudad! expressly disclaims any warranty of fitness for a particular purpose or non-infringement. holaciudad cannot guarantee and does not promise any specific results from use of the Services. 7. LIMITATION ON LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL holaciudad OR holaciudad RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA OR INFORMATION, DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OR YOUR RELIANCE UPON THE SERVICES, EVEN IF holaciudad HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL holaciudad�S OR holaciudad RELATED PARTIES� TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON ANY SERVICE, CONTENT, USER POSTING, EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO holaciudad FOR ANY holaciudad SERVICE OR CONTENT. 8. INDEMNIFICATION You agree to defend, indemnify and hold harmless holaciudad and holaciudad Related Parties from and against any and all claims, actions, demands, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of, your inability to use, or your reliance upon, any Service. Content or user posting, (b) any material posted or otherwise provided by you, (c) any misrepresentation made by you in connection with your use of the Services; (d) your breach of any of the representation, warranties or other terms or conditions contained herein, or your non-compliance with any of the terms or conditions of this Agreement; and (e) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Services or your Content to the Services, including the information obtained through the Services. 9. TERMINATION holaciudad may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Services, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (a) concurrent access of the Services with identical user identification numbers, (b) permitting another person or entity to use your user identification number to access the Services, (c) any other access or use of the Services except as expressly provided in this Agreement, (d) any violation of the terms and conditions of this Agreement, or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Services, (e) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services, or (f) failure to use the Services or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to holaciudad of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which holaciudad may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to holaciudad and its licensors. 10. MINORS If you have agreed to allow your minor child, or a child for whom you are a legal guardian (a "Minor"), to use the Services, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Services; and (c) the consequences of any use of the Services by such Minor. Children under the age of 13 may not register for any Services hereunder. At various places on the Services, we ask whether users are under the age of 18 or 13. holaciudad relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy. 11. CHILD ONLINE PROTECTION ACT NOTIFICATION Pursuant to 47 U.S.C. Section 230(d) as amended, holaciudad hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy. 12. INFRINGEMENT POLICY holaciudad, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. holaciudad accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), holaciudad has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to holaciudad in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: By mail: DMCA Agent@holaciudad.com ZGS Digital, Inc.; 2000 N. 14th Street, Suite 400; Arlington, VA 22201 In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address. E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. 13. MODIFICATION holaciudad reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Services. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Services, via e-mail or any other reasonable means. Continued use of the Services by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. The terms of this Agreement may from time to time be superseded by the Official Rules of any contests, sweepstakes, and/or voting on the Site. 14. EXPORT CONTROL INFORMATION Unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote holaciudad�s Services and other products available in the United States, its territories, possessions and protectorates. The Services are controlled and operated by holaciudad from its offices within the commonwealth of Virginia, United States of America. holaciudad makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Services from outside the United States do so by their own initiative and risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods or (b) to anyone on the U.S. Treasury Department List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, 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. 15. MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the laws of the commonwealth of Virginia without giving effect to any principles of conflicts of law. Although you acknowledge that holaciudad will have the ability to enforce its rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of the Court of the Commonwealth of Virginia, sitting in Arlington, VA, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Services. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by holaciudad to provide the Services hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of holaciudad. Any assignment of the foregoing other than as provided for in this section shall be null and void. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services or access to the Services. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 16. MEDIATION/ARBITRATION PLEASE READ CAREFULLY. UNDER THIS SECTION, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR SUBMISSION. IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE COUNTY OF ARLINGTON, VA AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES, BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN THE COUNTY OF ARLINGTON, VA AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN VIRGINIA OR A RETIRED JUDGE. ANY APPELLATE PANEL SHALL CONSIST OF THREE NEUTRAL MEMBERS, SUBJECT TO THE FOREGOING REQUIREMENTS. ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE CONFIDENTIAL. THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF THIS AGREEMENT. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS HEREUNDER, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION HE OR SHE HAS REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE AGREEMENT ALONG WITH A SIGNED COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN THE COUNTY OF ARLINGTON, VIRGINIA HAVING JURISDICTION OF THE SUBJECT MATTER HEREOF. YOU MAY COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST holaciudad OR holaciudad RELATED PARTIES, THEIR LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT holaciudad MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THIS AGREEMENT, AND (2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THIS AGREEMENT WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THIS AGREEMENT WITH RESPECT TO ANY CLAIM AGAINST YOU. 17. NOTICE FOR CALIFORNIA USERS Under California Civil Code Section 1789.3, California users of holaciudad are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Posted on April 26, 2009

Powered by DaC