Legal advice – Prisa Media USA

Index:

Identification data.
Purpose.
Users.
Use of the Portal.
Intellectual and industrial property.
Exclusion of guarantees and responsibility.
Limitation of liability.
Modifications.
Links.
Right of exclusion.
Generalities.
Modification of these conditions and duration.
Jurisdiction.

IDENTIFICATION DATA: The company that owns this website is PRISA MEDIA USA, INC. (hereinafter PRISA Media USA) with registered office at 95 Merrick Way, Coral Gables, Florida, 33134 US.Contact email: info@prisamedia.com
PURPOSE: These are the Terms of Use (hereinafter “Terms of Use”) that regulate the access, navigation, use of the Website, and the responsibilities derived from the use of the Website and its contents. In addition, PRISA Media USA may establish special conditions governing access and/or contracting of specific services offered to users of the Website. These specific services will be subject to their particular conditions that will be accessed in the url of said service.
USERS: For these purposes, a user will be understood as the person who accesses, browses or uses the Website (“User”). Access, browsing and/or use of the PRISA Media USA Website implies acceptance of these Terms of Use for the user. Therefore, the user must carefully read these Terms of Use.
USE OF THE PORTAL: The Website provides Users with corporate and commercial information on brands, audiences and products of the group to which PRISA Media USA belongs, whose parent company is the Spanish company PRISA Media, S.A.U., to market to advertisers.[MC1] The User undertakes to make appropriate use of the Contents as well as certain services that PRISA Media USA offers through its Website and, including but not limited to, not to use them to (i) engage in illicit activities, illegal or contrary to good faith and public order; (ii) reverse engineer, decompile, disassemble, modify, or create derivative works from; (iii) copy, reproduce, redistribute, record, transfer, perform, frame, transmit or make available to the public, or any other use not expressly permitted by applicable Intellectual Property Law; (iv) transfer copies of the Content to any other device by any means; (v) track or extract, whether by manual or automated means, or use any automated means (including bots, spiders, etc.) to view, access, or collect information; (vi) perform any act of disposition or monetization; (vii) circumvent any technology used by PRISA Media USA, its licensors or any third party, including any territorial or access restrictions to Applied Content;; [MC2] (ix) remove or alter any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indication of ownership or source); (x) remove or alter any part of the Services or Content; (xi) cause damage to the physical and logical systems of PRISA Media USA, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
INTELLECTUAL AND INDUSTRIAL PROPERTYPRISA Media USA, as the author of the collective work or other works and services of certain Contents in some cases and licensee of third-party Content, in others, owns or is otherwise authorized to use all the intellectual and industrial property rights of the Website, as well as the elements that make up the Contents (for example, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for their operation, access and use, etc. ). All rights reserved. PRISA Media USA, expressly reserves the right to reproduce and use the works and other services accessible from this website by machine-readable media or other suitable means.By virtue of the provisions of the U.S. Copyright Act of 1976, copying, displaying distributing, publicly performing or creating derivative works of the Contents in any manner is expressly prohibited unless otherwise authorized by PRISA Media USA.
EXCLUSION OF GUARANTEES AND RESPONSIBILITY
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER STATION, CITADEL, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, RELATED GRAPHICS, DESIGN, VIDEO CLIPS, AUDIO CLIPS, ARTWORK, IMAGES, PHOTOGRAPHS, LINKS, DATA, OR OTHER MATERIAL, IS ACCURATE, RELIABLE, COMPLETE, TIMELY OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICATIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STATION, OUR SUBSIDIARIES, OUR OWNER AND OPERATOR, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUCCESSORS AND ASSIGNS OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
PRISA MEDIA USA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
IN NO EVENT SHALL PRISA MEDIA USA’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
MODIFICATIONS: PRISA Media USA reserves the right to make any modifications it deems appropriate to the Website without prior notice, and may change, delete or add both the Content and services provided through the Website and the way in which they are presented or located on the Website.
LINKS: In the event that the Website contains links or hyperlinks to other Internet sites, PRISA Media USA will not exercise any type of control over said sites and contents. Under no circumstances will PRISA Media USA assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities. Notwithstanding the foregoing, some links will be previously negotiated or agreed with the person responsible for the linked content, so that a consideration is generated for the actions freely carried out by the user. This situation will not affect in any case the exclusion of responsibility for the linked content or the independence of this means of communication.
RIGHT OF EXCLUSION: PRISA Media USA reserves the right to deny or withdraw access to this Website and/or the services offered without prior notice, on its own or by a third party, to those users who fail to comply with these Terms of Use.
GENERALITIES: PRISA Media USA will pursue the breach of the Terms of Use as well as any improper use of the Contents and/or Website by exercising all civil and criminal actions that may correspond to it by law.
MODIFICATION OF THESE CONDITIONS AND DURATION: PRISA Media USA may modify the Terms of Use at any time, being duly published as they appear here. The validity of the Terms of Use will be based on their exposure and will be in force until they are modified by others duly published.
JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of state or federal courts in the State of Florida for any cause of action arising out of this Agreement. You also understand, acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.