SBS TERMS AND CONDITIONS OF USE
These Terms of Service apply to your use of Spanish Broadcasting System Inc. (“SBS”) websites www.spanishbroadcasting.com, www.mega.tv, www.lamusica.com, all its sub-domains and all associated services provided by or through spanishbroadcasting.com, lamusica.com or mega.tv, including, without limitation, internet access, email, instant messaging, webcast, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, story boards or weblogs and content embedded on other websites (collectively, the "Site"). Your use of the Site is subject to the following terms and conditions. By accessing and browsing the Site, you accept and agree to be legally bound by and comply with these terms and conditions. If you do not agree with these terms and conditions, do not use the Site.
SBS may, in its sole discretion, update or revise these terms and conditions, in whole or in part, and such updates or modifications shall become effective immediately upon posting the new terms and conditions on the Site. Your continued use of the Site following the posting of any changes to these terms and conditions constitutes your acceptance thereof.
As used herein the term "User" means any person who accesses the Site.

Your Use and Privacy
We may monitor your use of the Site and use that information for our internal business purposes or otherwise in accordance with our privacy policy, located at www.________________________

Violation
Any violation of these terms and conditions may result in civil or criminal liability. SBS may investigate any suspected or alleged violation of these terms and conditions and cooperate with, law enforcement authorities and/or third parties in such investigation.

Prohibited Use
SBS does not permit or tolerate any illegal, abusive, harmful or improper use of the Site, or any use of the Site that interferes with other Users' enjoyment of same. Without limiting the generality of the foregoing, SBS specifically prohibits the following activities:
(a) Collecting, storing, posting, transmitting or soliciting any content, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person or entity;
(b) Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
(c) Falsifying User information;
(d) Doing or attempting to do anything that adversely affects the ability of other Users to use the Site, including, without limitation, "denial of service" attacks against another system or network host or another User;
(e) Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
(f) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
(g) Engaging in any of the foregoing activities through another, but channeling such activities through a remailer or otherwise;
(h) Using the Site to violate an internet service provider's acceptable use policy and/or terms of service; and
(i) Any other uses of the Site that SBS determines, in its sole discretion, are illegal, abusive, harmful or improper.

Proprietary Right
The Site and all content therein are protected by copyrights, trademark rights, patents, trade secrets, or other proprietary rights. You may not store, copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit the Site or any of its content for any purpose, by any means or in any media other than (a) printing, downloading or copying limited portions of the content for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such content; and (b) as expressly authorized by SBS. 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 SBS is prohibited. All rights not expressly granted herein are reserved by SBS. Use of any content for any purpose not expressly permitted in these terms and conditions is prohibited. SBS reserves the right to add, modify and/or remove any content in its sole discretion. However, SBS does not have any responsibility to supply any corrections, updates or releases to the content. Availability of the content is subject to change without notice.
User-Contributed Content

Content posted on our Site by our users is not guaranteed by us as to accuracy, completeness, or usefulness, and we do not endorse any content posted by our users. It is the responsibility of our Site users to evaluate the accuracy, completeness or usefulness of any content posted on our Site by other users.
You agree not to upload, post or otherwise make available on our Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting material, you grant (or warrant that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You grant us the right to edit, copy, publish and distribute any material you make available to us. You will indemnify us for, from and against all claims, losses, costs and expenses resulting from the content and information you supply.
You may not post or otherwise make available on our Site any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. Further, you may not make use of our services to forge e-mail headers, or send bulk unsolicited e-mail messages. We have the right, but not the obligation, to monitor the content posted on our Site to determine compliance with our Terms of Service and/or to satisfy any law, regulation or government request. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on our Site including, but not limited to, material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable

SBS Trademarks
"SBS Trademarks" means all names, marks, brands, logos, designs, trade dress and other trade designations that SBS uses in connection with the Site, including, without limitation, SBS, SBS stylized, the “microphone” logo, SBS SPANISH BROADCASTING SYSTEM with microphone design logo, MEGA TV, and the MEGA TV logo reflecting the word “MEGA” alongside a television screen and monitor design with “TV” on the screen.  You may make reference to SBS Trademarks, but only if your reference is truthful. You may not alter any SBS Trademarks. You acknowledge SBS's rights in SBS Trademarks and agree that any and all use of SBS Trademarks shall inure to the sole benefit of SBS. You agree not to incorporate any SBS Trademarks into your marks, names, logos, domain names, links or designations.

Links to Third Party Sites
Any links to third party sites we may provide on the Site are for your convenience only. SBS 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. You acknowledge that you access and use such third party sites solely at your own risk. Under no circumstances will SBS be liable in any way for any information or material contained in any third party sites linked to or from the Site. SBS is not responsible for any errors or omissions therein, 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. All third party trademarks and service marks appearing on the Site are the property of their respective owners.

Copyright Infringement Notification Procedure

SBS’ designated agent for notice of claims of copyright infringement related to Spanish Broadcasting System, Inc. (SBS), Mega.tv, lamusica.com, and all affiliated web pages (collectively, the "SBS Properties") is as follows:

Designated Agent:

Copyright Agent
c/o Spanish Broadcasting System, Inc.
2601 S. Bayshore Drive, PH 2
Coconut Grove, Fl 33133
Telephone:
Email:
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to any of the SBS Properties must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
  2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
  3. Information related to the work(s) reasonably sufficient for SBS to promptly locate the work (e.g. title of work, location within the SBS Properties, etc.);
  4. Information reasonably sufficient to permit SBS to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement requesting that SBS take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Disclaimer of Warranties
ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, THE SITE, SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SBS DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, UPDATED, RELIABLE OR CORRECT; THAT THE SITE, SERVICES AND/OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SBS DOES NOT HAVE ANY RESPONSIBILITIES TO UPDATE THE CONTENT OF THIS SITE.
SBS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE SITE, INCLUDING THE ABILITY OF UNAUTHORIZED PERSONS TO ACCESS YOUR PERSONAL INFORMATION. YOUR USE OF THE SITE, SERVICE AND/OR CONTENT IS ENTIRELY AT YOUR SOLE RISK.

Limitation of Liability
IN NO EVENT SHALL SBS OR ANY OF ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS 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 (A) YOUR USE OF THE SITE, ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT SBS OR ANY OF ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; (B) THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THE SITE; (C) FOR ANY INTERRUPTION OR DISRUPTION OF ACCESS TO THE SITE OR ANY ERRONEOUS COMMUNICATION BETWEEN SBS AND YOU; OR (D) THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, AVAILABILITY, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF THE SITE, ANY SERVICE AND/OR CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, SBS'S AND ITS SUBCONTRACTORS' TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.

Indemnification of SBS
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SBS AND ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH YOUR MISUSE OF THE SITE, SERVICE OR CONTENT OR WITH YOUR VIOLATION OF ANY PROVISION OF THESE TERMS AND CONDITIONS. SBS 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 SBS IN ASSERTING ANY AVAILABLE DEFENSES.
International Use
SBS makes no representation or warranty that the Site or its content is appropriate or available for use in locations outside the United States of America. Accessing the Site from territories in which such is illegal or restricted is prohibited. You agree that if you choose to access the Site, from any location outside the United States of America, you do so on your own initiative and are solely responsible for compliance with local laws.

 

No Solicitation or Recommendation
THE CONTENT PROVIDED IN THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND SBS IS NOT SOLICITING ANY ACTION BASED UPON SUCH INFORMATION. THE SITE IS NOT AN OFFER TO BUY OR SELL OR A SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY OR INVESTMENT. YOU SHOULD NOT INTERPRET THE CONTENT ON THE SITE TO CONSTITUTE BUSINESS, FINANCIAL, INVESTMENT, TRADING, LEGAL, REGULATORY, TAX OR ACCOUNTING ADVICE. THE SITE'S CONTENT SHOULD NOT BE THE PRIMARY BASIS FOR ANY INVESTMENT DECISION MADE BY YOU OR ON YOUR BEHALF. INVESTMENTS INVOLVE SUBSTANTIAL RISKS AND YOU SHOULD NOT MAKE THIS SITE THE PRIMARY BASIS FOR ANY INVESTMENT DECISIONS MADE BY YOU. YOU MAY WANT TO CONSULT YOUR FINANCIAL ADVISOR, ATTORNEY, TAX AND/OR ACCOUNTING ADVISORS CONCERNING ANY CONTEMPLATED TRANSACTIONS.

Entire Agreement
These terms and conditions contain the entire understanding between SBS and you and supersede all prior agreements relating to the subject matter hereof. If any provision herein is found illegal or unenforceable, it will be revised to the extent necessary to make the provision legal and enforceable and will be, as modified, in full force and effect.