Terms of use

TERMS OF USE 

1. Acceptance of Terms of Use. By accessing our Site (as defined below), you expressly accept and agree to be legally bound by and comply with all of the terms and conditions set forth herein

The terms and conditions set forth herein, and the provisions of the above-referenced legal notices, are referred to hereinafter collectively as the  "Terms of Use."

If you do not agree to the Terms of Use, please do not access or use any Service or Content of our Site. We reserve the right, in our sole discretion, to update or revise the Terms of Use at any time. If we make changes to the Terms of Use, we will inform you by posting a notice on our Site. If you are a Member (as defined below), we may also notify you of the changes via email and/or may ask you to affirmatively consent to and accept the changes at the time of your next account login on our Site. By continuing to use our Site after such notice and/or consent, you agree to be bound by the Terms of Use as modified.

As used hereinafter in these Terms of Use, each reference to "our Site" shall mean all areas of our Site.


2. 
Ability to Accept Terms of Use. As a condition of your use of any Service or Content of our Site, you represent and warrant that you (a) are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and (b) are fully able and competent to understand, assent to, and enter into the Terms of Use, and to abide by and comply with the Terms of Use.  In any case, no one under 13 years of age may use our Site or any Service or Content of our Site. Your registration and membership, if any, may be cancelled or terminated without warning if we have any reason to believe that you may be under the age of 13.


3. 
Certain Definitions. As used herein, the term  "our Site" means any of the following: Esrellatv.com; any WAP or mobile site associated with Estrellatv.com, whether existing now or in the future; and/or any official page or channel established now or in the future by any LBI Media, Liberman Broadcasting, Fenomeno Studios or EstrellaTV Entities on third-party social networking sites and user-generated content hosting sites (including, without limitation, the official LBI Media, Liberman Broadcasting, EstrellaTV, all TV shows and programming on EstrellaTV, all radio stations and our corporate page on Twitter.com, Facebook, Instagram, YouTube, Dailymotion, Roku, Amazon, Netflix); the term  "Service" means any online service provided by or through our Site, including, without limitation, internet access, email, instant messaging, mobile messaging, webcast, Content streaming (whether on a live, delayed, on demand, subscription or free basis), Content downloads, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, story boards, weblogs, videoblogs (vlogs), social networking services, and shopping channels; the term  "Content"means any and all content, information, data and material made available on our Site (whether by us or by Users), including, without limitation, text, images, photographs, videos, audios, music, ringtones, wallpapers, graphics, logos, icons, Software (as defined in Section 23), and merchandise items; the term  "User" means you or any other person or entity who accesses or uses our Site or any Service or Content; the term  "User Posting" means any Content posted, submitted, displayed, exhibited, uploaded, distributed, transmitted, offered, or provided by a User, where such Content is not owned by the Univision Entities and does not otherwise infringe or violate any rights of the LBI Media Entities; and the term  "LBI Media Entities" means, collectively, LBI Media, EsrellaTV, Liberman Broadcasting, Fenomeno Studios, and its parents, subsidiaries and affiliates.


4. 
Right to Terminate. Any violation of the Terms of Use by a User or Member may result in civil or criminal liability, and we may, in addition to any remedy that we may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use our Site and all Services and Content. We reserve the right, but we are not obligated, to terminate or remove any Service or Content (including any User Posting) that, in our sole judgment, violates the Terms of Use or any applicable law, or may expose or subject our Site or any Univision Entity to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any Univision Entity. Please note that a violation of the Terms of Use by someone having only indirect access to a Service through a Member of such Service will be considered a violation by the Member, whether or not the violation is with or without with the knowledge or consent of the Member.

If you are considered a repeat infringer, your account may be terminated. A "repeat infringer" includes any User who has made two (2) or more Postings for which we receive a notice of infringement under these Terms of Use. You agree that if your account is terminated pursuant to these Terms of Use, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated pursuant to these Terms of Use, you shall indemnify and hold the Univision Entities harmless from any and all liability that we may incur therefore.


5. 
Right to Investigate. We and the LBI Media Entities may investigate any suspected or alleged violation of the Terms of Use and cooperate with law enforcement authorities and/or third-parties in such investigation.  YOU HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY LBI MEDIA ENTITY BASED UPON ANY INVESTIGATION BY US OR ANY UNIVISION ENTITY OR LAW ENFORCEMENT AUTHORITIES, OR ANY ACTION TAKEN IN CONNECTION WITH OR AS A RESULT OF SUCH INVESTIGATION.


6. 
Right to Disclose. You understand and agree that we have the right at all times to disclose the identity of a User or the source of a User Posting in connection with internal investigation of any abuse of our Site or any Service, law enforcement authorities' investigation of alleged illegal activity, or in response to a lawful court order or subpoena.


7. 
Prohibited Use and Reporting Abuse. We do not permit or tolerate any illegal, abusive, harmful or improper use of our Site or any Service or Content, or any use that interferes with other Users' enjoyment of our Site or any Service or Content. If you believe that you have been a victim of any such conduct that is described below, please email to info@lbimedia.com. Without limiting the generality of the foregoing, we specifically prohibit the following activities:

(a) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that is unlawful, harassing, stalking, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, vulgar, profane, racist, discriminating, or otherwise objectionable or offensive;

(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or other intellectual property or proprietary 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 or consent 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) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging 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) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent, through "phishing" or under any other false pretense;

(e) Collecting, storing, posting, transmitting or soliciting personal information about persons under the age of 18;

(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, bugs, worms, codes, files or programs;

(g) Promoting or soliciting involvement in or support of a political platform, religion, cult or sect;

(h) Promoting or soliciting gambling or engaging in any gambling or similar activity;

(i) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;

(j) Gaining or attempting to gain unauthorized access to any Service, profiles, blogs, chat rooms, communities, or account information, or providing, soliciting or exchanging other Users' passwords or personal identifying information for commercial or unlawful purposes;

(k) Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity, including, without limitation, any LBI Media Entity;

(l) Engaging 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 non-existent domain names or other means of deceptive addressing in User Postings; and (iv) relaying email or other material in an anonymous fashion, relaying email or other material from any third-party's server without that third-party's permission, or using similar techniques to hide or obscure the source of email or other material;

(m) Transmitting or distributing "junk mail," "chain mail" or "chain letters," or engaging in unsolicited mass emailing, "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) Engaging 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) Disrupting or interfering with other Users' use of our Site or 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) Reselling or attempting to resell any Service without our prior authorization; and

(q) Any other activities that we determine, in our sole discretion, are illegal, abusive, harmful or improper.


8. 
Proprietary Rights. You acknowledge and agree that all Content (other than User Postings) on our Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights that belong to the LBI Media Entities and their licensors. You may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any such Content for any purposes, by any means or in any media, other than (a) printing or downloading 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/or (b) as expressly authorized by us. The systematic retrieval of any such Content to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited. In addition, use of any Service or Content for any purpose not expressly permitted in these Terms of Use is prohibited.


9. 
LBI Media Trademarks. As used herein,  "LBI Media Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations that belong to the LBI Media Entities. You acknowledge the rights of the LBI Media Entities in the EstrellaTV Trademarks and agree that any and all use of the EstrellaTV Trademarks shall inure to the sole benefit of the LBI Media Entities. You agree not to incorporate any EsrellaTV Trademark into your marks, names, logos, domain names, links or designations.


10. 
Third Party Trademarks. All other trademarks and service marks appearing on our Site are the property of their respective owners.


11. 
Third Party Websites. Our Site provides links to certain third-party websites for your convenience only. These third-party sites are not owned or controlled by the LBI Media Entities. Therefore, we and the LBI Media Entities do 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, we and the LBI Media Entities by no means sponsor, endorse, approve or recommend 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 we or any LBI Media Entity be liable in any way for any information or material contained in any third-party sites linked to or from our Site. We and the LBI Media Entities are 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.

Conditions for Linking to Our Site. You may link to our Site, but subject to the following conditions:

 

  • Your link must be a text-only link to our Site;
  • You do not "frame" or otherwise create a browser or border environment around any page or content of our Site;
  • You do not "inline link" to any content or internal page of our Site;
  • You do not link to any live stream or live streaming event on our Site;
  • You do not use any logo or design mark of any LBI Media Entity in or as your link to our Site;
  • You do not copy, reproduce, alter, modify, perform, display, or distribute any content of our Site;
  • You do not link to our Site from any adult or sexually oriented website;
  • You do not misrepresent or falsely suggest that your website is sponsored, endorsed or approved by, or is affiliated or otherwise connected or associated with, our Site or any LBI Media Entity;
  • You do not publish false, misleading or inaccurate information about, or otherwise disparage, our Site, any LBI Media Entity, or any product or service of any LBI Media Entity; and
  • You link to our Site entirely at your own risk; we make no representation or warranty, express or implied, regarding our Site or its content (all of which is provided "as is" and "as available"); and we are under no obligation to support your link to our Site.

In order to obtain the right to link to any live stream or live streaming event on our Site, you must obtain our written consent through our linking agreement. To inquire regarding the opportunity to enter into a linking agreement with us, you must contact us at info@lbimedia.com and include Linking Request as the subject line.

We reserve the right to deny you permission to link to our Site at any time for any reason in our sole discretion. Upon our request, you must promptly edit and/or delete your link to our Site.

By linking to our Site, you acknowledge acceptance of all of the above conditions and agree to be bound by them. If you do not agree, please DO NOT link to our Site. Any deviation from the above conditions must be specifically authorized in writing by us.

12. Dealings with Advertisers. We allow certain third-parties to place, display, serve or sponsor advertisements on our Site. Your communication or business dealings with, or participation in promotions of, such advertisers, 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 advertisers. You agree that neither we nor any LBI Media Entity shall 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 advertisers on our Site.


13. 
User Postings.

(a) For any User Postings made by you, you hereby grant to our Site and the LBI Media Entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to use, copy, reproduce, display, exhibit, perform, adapt, modify, distribute and promote such User Postings worldwide in any media now known or hereafter developed, by any means and for any purpose. You agree that you will be solely responsible for any User Postings made by you. You hereby represent and warrant that you own or otherwise control all of the rights in and to such User Postings and that no use of such User Postings by our Site or any LBI Media Entity will infringe or violate any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law. We reserve the right, at any time and in our sole discretion, but have no obligation, to remove, delete, block, disable or deny access to any User Postings made by you that, in our sole judgment, violates these Terms of Use or any applicable law, or may expose or subject our Site or any LBI Media Entity to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any LBI Media Entity.

(b) You acknowledge that when you post or submit information about yourself to the public areas of our Site (e.g., social networking community, chat rooms, forums, etc.), your information may be seen and used by any other visitor to such public areas. It may also be possible for others to obtain personal information about you due to your use of a Service, and that the recipient may use such information to harass or harm you. We do not approve of such unauthorized uses, but by using our Site you acknowledge and agree that we are not responsible for others' use or misuse of any personal information, data or material about you, your family or your friends that you post or allow others to post on our Site.  PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST OR DISPLAY ON OUR SITE.

(c)  YOU ACKNOWLEDGE THAT BY UTILIZING OUR SITE, YOU MAY BE EXPOSED TO USER POSTINGS THAT YOU FIND TO BE OFFENSIVE, INDECENT, OR OBJECTIONABLE OR THAT ARE ERRONEOUS, INACCURATE OR MISLEADING, AND YOU BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON SUCH USER POSTINGS. WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO (I) DENY ACCESS TO ANY USER WHO VIOLATES THE TERMS OF USE OR ANY APPLICABLE LAW AND/OR (II) REMOVE ANY USER POSTING THAT, IN OUR SOLE JUDGMENT, VIOLATES THESE TERMS OF USE OR ANY APPLICABLE LAW, OR IS OTHERWISE OBJECTIONABLE, OR MAY EXPOSE OR SUBJECT OUR SITE OR ANY LBI MEDIA ENTITY TO LIABILITY OF ANY KIND, OR MAY ADVERSELY AFFECT THE REPUTATION OR GOODWILL OF OUR SITE OR ANY LBI MEDIA ENTITY. UNDER NO CIRCUMSTANCE WILL WE OR ANY LBI MEDIA ENTITY BEAR ANY RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON ANY USER POSTING. WE AND THE LBI MEDIA ENTITIES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ASSOCIATED WITH ANY USER POSTINGS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF YOUR USE OF OR RELIANCE UPON ANY USER POSTINGS.

(d) We do not accept or consider ideas, suggestions or materials submitted by Users other than those specifically requested or solicited by us (see Paragraph (e) below). This is to avoid the possibility of disputes between you and us when projects independently developed by or for us or any LBI Media Entity might seem similar to your ideas, suggestions or materials. If you do send us, or post or transmit on or through our Site or any Service, any unsolicited ideas, suggestions or materials, you agree that such ideas, suggestions or materials, upon submission, shall become the property of our Site and the LBI Media Entities, and that we and the LBI Media Entities shall be free to use, disclose, publish, distribute and otherwise exploit such ideas, suggestions or materials, without restriction, limitation or obligation of any kind whatsoever, in perpetuity and throughout the universe, and for any purpose whatsoever, commercial or otherwise, all without compensation, credit or attribution to you.

(e) We may from time to time request or solicit User Postings from Users, e.g., video submissions as part of a promotion on our Site. You agree that by posting or submitting such solicited User Postings (each, a  "Submission") or engaging in any form of discussion, dialogue or other communication (each, a  "Communication") with us in connection therewith, you hereby grant to our Site and the LBI Media Entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to: (i) use, copy, sublicense, display, perform, adapt, modify, publish, distribute, advertise, promote, transmit, create derivative works based upon, and otherwise exploit, commercially or otherwise, any such Submission or Communication; and (ii) sublicense to third-parties the unrestricted right to exercise any of the above rights.

(f) You understand and agree that we and the LBI Media Entities are under no obligation to you of any kind with regard to any Submission or Communication posted or uploaded by you now or in the future. We reserve the right, at any time and in our sole discretion, but have no obligation, to remove, block, deny access to, or refuse to post any Submission or Communication that, in our sole judgment, violates these Terms of Use or any applicable law, or may expose or subject our Site or any LBI Media Entity to liability of any kind, or may adversely affect the reputation or goodwill of our Site or any LBI Media Entity. We also reserve the right, at any time and in our sole discretion, to use and disclose any Submission or Communication as may be necessary to comply with any law, regulation, governmental request, or court order.


14. 
Notice of Copyright Infringement. If you believe that your rights under U.S. copyright law have been infringed by any Content (including any User Posting), or if a notice of copyright infringement has been filed against you and you believe you have received it in error, please find the Digital Millennium Copyright Act to view instructions.


15. 
Password Security and Privacy. Our Site 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.  


16. 
Social Networking Service. Our Site may offer online social networking services.


17. 
LBI Media Communities. These Terms of Use apply to all of your online communities on, to and from our Site, including, without limitation, our Site's social networking services.


18. 
Disclaimer of Warranties.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) OUR SITE IS FOR GENERAL INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND DOES NOT INTEND TO ADVISE, INSTRUCT OR MAKE RECOMMENDATIONS WITH RESPECT TO ANY PARTICULAR SUBJECT, MATTER, MATERIAL, PROBLEM, SITUATION OR INDIVIDUAL.

(B) OUR SITE AND ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITE AND ANY AND ALL SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE DO 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, OUR SITE OR ANY SERVICE OR CONTENT. WE ALSO DO NOT WARRANT OR GUARANTEE THAT OUR SITE AND ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SITE AND ALL SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(C) YOUR USE OF OR RELIANCE UPON OUR SITE OR ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITATION TO THE FOREGOING, WE ARE NOT RESPONSIBLE FOR OTHERS' USE OR MISUSE OF ANY PERSONAL INFORMATION, DATA, PHOTOGRAPHS, VIDEOS, AUDIOS, OR OTHER MATERIAL ABOUT YOU, YOUR FAMILY, OR FRIENDS THAT YOU POST OR ALLOW OTHERS TO POST ON OUR SITE. WE RECOMMEND THAT YOU USE DISCRETION WHEN POSTING ANY SUCH INFORMATION. LIKEWISE, WE AND THE LBI MEDIA ENTITIES ARE NOT RESPONSIBLE FOR YOUR EXPOSURE TO ANY CONTENT (INCLUDING ANY USER POSTING) THAT IS OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE TO YOU OR TO OTHERS.


19. 
Additional Disclaimers. You expressly understand and agree that the following additional disclaimers shall apply to your use of our Site:

  • For Health Related Pages and Content (applicable to Health and Science, Health Issues): The Content contained in these pages is intended for general informational purposes only. You should not rely on such Content for any action or non-action. Such Content is not intended to constitute advice, instruction or recommendation as to any disease, ailment, physical condition or its diagnosis or treatment, and should not be considered complete or exhaustive. Such Content should not be relied upon to suggest any course of treatment, medicine, diet, fitness or health program for any particular individual. Such Content should not be used in place of a visit, inquiry or consultation with your doctor or other qualified health care provider. You should not act or rely upon any Content in these pages without seeking the advice of your doctor or other qualified health care provider. Always consult with your doctor or other qualified health care provider before starting any treatment, medicine, diet, fitness or health program. You should never disregard the medical advice of your doctor or other qualified health care provider or delay in seeking it because of something you have read in these pages. You acknowledge and agree that any action or non-action based upon any Content in these pages is solely at your own risk and under no circumstances will we or any LBI Media Entity be liable in any way with regard thereto.
  • For Business and Financial Related Pages and Content (applicable to Business/Finance, Stock Markets, Taxes, Banking, Credit, Personal Finance): Content contained in these pages is intended for general informational purposes only. You should not rely on such Content for any action or non-action. You should always verify pertinent information directly with your broker, dealer, agent, bank, financial institution or other service or information provider. You acknowledge and agree that any trading, dealing, transaction or action based upon any Content in these pages is solely at your own risk and under no circumstances will we or any LBI Media Entity be liable in any way with regard thereto.
  • Online Trading Services: Our Site provides links to online trading services for your convenience only. These online trading services are provided by registered brokers, dealers and mutual fund companies, and such brokers, dealers and mutual fund companies are solely responsible for any services they provide to you. WE ARE NOT A REGISTERED BROKER, DEALER OR MUTUAL FUND COMPANY AND WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR BROKER, DEALER OR MUTUAL FUND COMPANY.
  • Investment Information: Stock and mutual fund price quotes, news stories and other information and data related to the investment and financial markets, as well as reference materials and links to relevant third-party sites (collectively "Investment Information"), are for general informational purposes only and should not be relied upon for transactional purposes. We do not, and should not be assumed to, warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any Investment Information, or endorse any investment opinions, views or recommendations, or advocate the purchase or sale of any stock, security, mutual fund or investment, or recommend the use of any particular trading or investment strategy. You agree that under no circumstances will we or any LBI Media Entity be liable for any errors, omissions, inaccuracies or delays in any Investment Information, or for any of your actions taken in reliance thereupon.
  • Banking, Billing and Other Online Services: Access to online banking, billing, payment, trading and other services available through these pages is provided by your bank or financial institution, not by us or any LBI Media Entity. You agree that under no circumstances will we or any LBI Media Entity be liable for any errors, omissions, inaccuracies or delays in any such services, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any such services. Your access to these services may be limited from time to time, depending on the service provided by your Internet service provider or your bank or financial institution. You may be billed for these services by your bank or financial institution, not by us or any LBI Media Entity, and such bank or financial institution may have its own service agreement that will govern the online services it provides and your use thereof.
  • For Law Related Pages and Content (applicable to Rights, Law, Crime, Immigration): The Content contained in these pages is intended for general informational purposes only and should not be relied upon for any action or non-action. Such Content is not intended to constitute legal advice, instruction or recommendation as to any matter, issue, situation or individual. When we discuss laws and regulations in these pages, and one's rights under those laws and regulations, we are doing so to give you only a basic understanding of how U.S. laws operate. We are not attempting to give you a solution to any particular legal problem you might have. Accordingly, you should not act or rely upon any Content contained in these pages without seeking the advice of an attorney. Also, you should never disregard the legal advice of an attorney or delay in seeking it because of something you have read in these pages.
  • For Horoscope/Astrology Related Pages and Content: The horoscope and astrology service is intended for entertainment purposes only. No Content regarding astrological matters contained in these pages is intended to constitute advice, instruction, a prediction of the future, or a recommendation with respect to a personal situation or with respect to any matter, problem, situation or individual. When we refer to astrological influences, we are not trying to give solutions to any problem in particular. Therefore, you should not act or fail to act based on any Content of these pages.

20. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) IN NO EVENT SHALL WE OR ANY LBI MEDIA ENTITY 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, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), REGARDLESS OF WHETHER OR NOT WE OR ANY LBI MEDIA ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

(B) IN NO EVENT SHALL OUR AND THE LBI MEDIA ENTITIES' TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO OUR SITE FOR YOUR USE OF ANY SERVICE OR CONTENT OF OUR SITE DURING THE TERM OF YOUR MEMBERSHIP.

(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.


21. 
Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND ALL OF THE LBI MEDIA ENTITIES, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, PARTNERS, LICENSORS, LICENSEES, SPONSORS, SUPPLIERS AND CONTRACTORS, 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, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING); (B) ANY USER POSTINGS, SUBMISSION OR COMMUNICATION MADE BY YOU; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED HEREIN, OR YOUR VIOLATION OF ANY OF THE TERMS OF USE. WE RESERVE THE RIGHT, AT OUR 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 US AND THE LBI MEDIA ENTITIES IN ASSERTING ANY AVAILABLE DEFENSES.


22. 
International Use. We make no representation or warranty that our Site and all Services and Content are appropriate or available for use in locations outside the United States of America. Accessing our Site or any Service or Content from territories in which such access is illegal is prohibited. You agree that if you choose to access our Site or any Service or Content from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.


23. 
Use of Software. The use of any software or application (including, without limitation, media players and computer and mobile game software) provided on our Site ("Software") is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial 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 us and the LBI Media Entities 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 we 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" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED; (j) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM 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 WE OR ANY LBI MEDIA ENTITY 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 us and all of the LBI Media Entities, and their respective agents, representatives, employees, officers, directors, shareholders, members, owners, partners, licensors, licensees, sponsors, suppliers and contractors, 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) we reserve the right, in our 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.


24. 
Governing Law Jurisdiction. You expressly acknowledge and agree that:

(a) Our Site shall be deemed solely based in the State of California, U.S.A.;

(b) Our Site shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of our Site or any LBI Media Entity, either specific or general, in jurisdictions other than the State of California, U.S.A.;

(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 us or any LBI Media Entity concerning our Site or any Service or Content (including any User Posting), or concerning the Terms of Use, shall be decided exclusively by state and federal courts located in the County of Los Angeles, State of California, U.S.A.


25. 
Miscellaneous. These Terms of Use constitute the entire agreement between you and us concerning your use of our Site. 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 our or any LBI Media Entity's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 


LBI MEDIA COMMUNITY GUIDELINES

Welcome to the LBI MEDIA and EstrellaTV Community!

Our Site (as defined in the Terms of Use) offers a variety of services that allow our Members to meet, chat, interact, and communicate with each other. We require that, as a Member of the LBI MEDIA Community, you abide by the terms of use at all times. Keep in mind that the terms of use apply to all areas of the LBI MEDIA Community, public and private. We reserve the right to terminate your access to the LBI MEDIA Community immediately, with or without notice, should you breach or otherwise violate the terms of use.

Set forth below are highlights of some important guidelines for the LBI MEDIA Community.  PLEASE NOTE THAT THESE GUIDELINES ARE PROVIDED FOR GENERAL INFORMATION ONLY AND DO NOT REPLACE THE TERMS OF USE. PLEASE ALWAYS FOLLOW THE TERMS OF USE WHEN USING THE LBI MEDIA COMMUNITY.

THE FOLLOWING CONDUCT IS PROHIBITED: 

  • posting or disseminating content (or links thereto) that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • posting or disseminating content (or links thereto) that is sexual in nature, obscene or otherwise objectionable;
  • posting or disseminating others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
  • posting or disseminating content (or links thereto) that contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
  • posting or disseminating content (or links thereto) that promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
  • posting or disseminating content (or links thereto) that contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices;
  • posting or disseminating content (or links thereto) that promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
  • harassing, stalking, threatening, defaming, or insulting another person;
  • posting or disseminating another person's personal information without his or her permission, or collecting or soliciting another person's personal information for commercial or unlawful purposes;
  • collecting or soliciting personal information about anyone under 18;
  • using the LBI MEDIA Community for commercial or advertising purposes;
  • soliciting gambling or engaging in any gambling or similar activity;
  • impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
  • posting off-topic or meaningless threads, one word (or short) non-sense posts, or the such; and
  • spamming, phishing, trolling, and similar activities.

While the above examples cover some of the most common situations, they cannot anticipate everything. Therefore, we may take any action that we deem appropriate to ensure that the LBI MEDIA Community is not disrupted or abused in any way. We also reserve the right to suspend or permanently ban anyone who willfully or repeatedly violates terms of use from participating in the LBI MEDIA Community.


Right to Disclose Member's Identity

Please keep in mind that we have the right to disclose a Member's identity in connection with investigation of alleged illegal activity or solicitation of illegal activity, or in response to a lawful court order or subpoena.


Right to Remove

We reserve the right, but we are not obligated, to (a) remove User Postings that, in our sole determination, violate the terms of use or any applicable law, or may expose or subject our Site or any LBI Media Entity (as defined in the terms of use liability of any kind, or may adversely affect the reputation or goodwill of our Site or any LBI Media Entity.


User Postings

YOU ARE SOLELY RESPONSIBLE FOR WHAT YOU POST ON ANY LBI MEDIA WEBSITE OR LBI MEDIA ENTITY’S COMMUNITY. If you post Content that infringes or violates another person's copyright, trademark, trade secret, reputation, privacy, or other property or personal right, or that violates any applicable law, you may be held liable in a court of law. For any Content you post, you represent and warrant that you own or otherwise control all of the rights in and to such Content and that no use of such Content by us or any LBI Media Entity will infringe or violate any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law.


Posting Your Personal Information

You should know that any personal information you post ON A LBI MEDIA ENTITIY may be seen and used by others to harass or harm you. We have no control over and cannot be responsible for how others may use your personal information. Please use discretion and common sense when posting personal information about yourself, your family or friends.


Reporting Abuse

You may report to us Content or conduct that you believe is in violation of the terms of use. However, keep in mind that reporting an alleged violation does not necessarily mean there is a violation, or that we must or will take any action based on the report. In the event we do take action, we have no obligation to inform the Member who made the report. Finally, it is a violation of the terms of use to knowingly make a false report against another User, or to use the reporting process to harass or intimidate another Member or user, or to encourage others to do so.


Moderators

Certain areas of the LBI MEDIA Community may have designated moderators that have certain responsibilities in connection with the operation of such areas (a " Moderator"). Moderators, as community leaders, should set good examples of responsible behavior for their groups, as demonstrated by their own behavior in the community. Each Moderator may, based on and consistent with the terms of use, determine the acceptable Content and behavior of their group and should notify us of any violations of the terms of use. No Moderator or group may sabotage or attempt to sabotage any other Moderator or group in any way, shape or form, and should not interfere with the operation of our Site or any Service. Violation of the foregoing may result in termination of the violator's community privileges. Being a Moderator does not create any affiliation, partnership, joint venture, employment, agency, representative, or other relationship with us or any LBI Media Entity, and we and the LBI Media Entities shall have no obligation or liability to Moderators or their groups in connection with their participation as such.

PRIVACY POLICY

Also view our complete privacy policy on the website