MiUnicast.com

1. Use Subject to Terms. By using any Service (as defined below) and/or Content (as defined below) provided by or through miunicast.com (“Univision”), you accept and agree to be legally bound by and comply with all of the terms of use set forth below, as well as:

(a) the Digital Millennium Copyright Act statement, which can be found at http://www.miunicast.com/dmca.aspx;

(b) Univision’s Privacy Policy, which can be found at http://www.miunicast.com/privacy.aspx;

(c) Univision’s Web Site General Disclaimer and Additional Disclaimers for certain content, which can be found at http://www.miunicast.com/disclaimer.aspx.

(collectively, “Terms”).

If you do not agree to any provision of these Terms, please do not access or use any Service or Content. Univision reserves the right, at its sole discretion, to update or revise these Terms. Please check these Terms regularly. Your continued use of any Content or Service following the posting of any changes to these Terms constitutes your acceptance of such changes.

2. Certain Definitions. As used herein, the term “Service” or “Services” means any and all internet-related services provided by or through Univision’s web sites, including, without limitation, internet access, email, wireless delivery of Content, chat rooms, bulletin boards, podcasts, and shopping channels; the term “Content” means any and all information, data, material, text, images, video, audio, and software provided by Univision; and the term “User” or “Users” means any person who accesses or uses any Service or Content, regardless of whether such person has an account with Univision.

3. Liability and Right to Terminate Permission. Any violation of these Terms may result in civil or criminal liability, and Univision may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Service and/or access the Content. Univision reserves the right to terminate or move material, information, messages or communications that, in Univision's sole discretion, may be illegal, or that may subject Univision to liability or that may violate these Terms.

4. Right to Investigate. A violation of these Terms by someone having only indirect access to the Services through a subscriber or member of the Services will be considered a violation by the subscriber or member, with or without the knowledge or consent of the subscriber or member. Univision may investigate any suspected or alleged violation of these Terms and cooperate with law enforcement authorities and/or third parties in such investigation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS UNIVISION FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNIVISION DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER UNIVISION OR LAW ENFORCEMENT AUTHORITIES.

5. Prohibited Use and Reporting Abuse: Univision does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users’ enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to abuse@miunicast.com. Without limiting the generality of the foregoing, Univision specifically prohibits the following activities:

(a) Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;

(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person;

(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication 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;

(e) Collecting, storing, posting, transmitting or soliciting personal information about children under the age of 13;

(f) Posting five (5) or more messages that are similar in content to any Usenet or other newsgroups, listservs, forums, email mailing lists or other similar groups or lists;

(g) Posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists, any material, information, message or communication that is off-topic pursuant to the rules, policies or descriptions for such groups or lists;

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

(i) Falsifying User information;

(j) Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as “pyramid schemes,” “ponzi schemes,” or “chain letters”;

(k) Sending email with charity requests, petitions for signatures, or any chain mail related materials;

(l) Sending unsolicited email that could be expected, in Univision’s sole discretion, to provoke complaints;

(m) Posting, transmitting, or distributing unsolicited email to any person;

(n) Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;

(o) Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;

(p) Relaying email in an anonymous fashion, relaying email from any third party’s mail servers without that third party’s permission, or using similar techniques to hide or obscure the source of the email;

(q) Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;

(r) Impersonating or attempting to impersonate any person by using forged headers or other identifying information;

(s) Doing or attempting to do any thing that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, “denial of service” attacks against another system or network host or another User;

(t) Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;

(u) 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;

(v) Reselling or attempting to resell any Service without Univision’s prior authorization;

(w) Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a Univision account, remailer or otherwise through the Services, or using a Univision account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating any of the foregoing activities if Univision reasonably determines that such use could adversely affect any Service;

(x) Using any Service to violate another internet service provider’s acceptable use policy and/or terms of service;

(y) 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;

(z) Any other uses of any Service that Univision determines, in its sole discretion, are illegal, abusive, harmful or improper.

6. Proprietary Rights. You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights that belong to Univision or to its licensors or business partners. Except as expressly authorized by Univision, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any 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 (b) expressly authorized by Univision. 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 Univision is prohibited. In addition, use of any Content for any purpose not expressly permitted in these Terms is prohibited.

7. Univision Trademarks. "Univision Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations that Univision uses in connection with its web sites, including, without limitation, UNIVISION, the tulip “U” logo, RADIOCADENA UNIVISION, UNIVISION RADIO, MIUNICAST, LOCURA DEPORTIVA, LOCURA POR EL FUTBOL, CUENTAS CLARAS, EL GARAJE, CON SAZON, TU VOZ EN WASHINGTON, EL HANDYMAN EN SU CASA, HOLLYWOOD AL AIRE and EL CONSULTORIO DE LA DRA. ALIZA. You may make reference to Univision Trademarks, but only if your reference is truthful and not misleading and complies with the then current Univision Trademark policies. You may not remove or alter any Univision Trademarks. You acknowledge Univision's rights in Univision Trademarks and agree that any and all use of Univision Trademarks shall inure to the sole benefit of Univision. You agree not to incorporate any Univision Trademarks into your marks, names, logos, domain names, links or designations.

8. Third Party Trademarks. All other trademarks and service marks appearing on Univision’s web sites are the property of their respective owners.

9. Third Party Sites. Univision’s web sites may provide links to third party sites for your convenience only. Univision 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. You agree that under no circumstances will Univision be liable in any way for any information or material contained in any third party sites linked to or from Univision sites. Univision 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.

10. Postings or Submissions by Users. By posting or submitting any material to Univision’s web sites, you grant to Univision and its parent, subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, perform, adapt, modify, distribute and promote such material worldwide in any media, by any means and for any purpose. You agree that you will be solely responsible for any material posted or submitted by you. You acknowledge that when you submit information about yourself to the public areas of our sites (e.g., chat rooms), your information may be seen and used by any other visitor to such public areas. You hereby represent and warrant that you own or otherwise control all of the rights to such material and that no use of such material by Univision will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold Univision and its parent, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any material posted or submitted by you. Univision reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you. YOU RECOGNIZE THAT BY UTILIZING THIS SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT YOU FIND OFFENSIVE, INDECENT, OR OBJECTIONABLE OR THAT IS INACCURATE, AND YOU BEAR ALL RISKS ASSOCIATED WITH USING THAT CONTENT. UNIVISION HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT THAT MAY, IN UNIVISION’S SOLE DISCRETION, VIOLATE THESE TERMS OR THAT IS OTHERWISE OBJECTIONABLE. UNDER NO CIRCUMSTANCE WILL UNIVISION BEAR ANY RISK OF THE CONTENT PROVIDED, INCLUDING BUT NOT LIMITED TO, AN ERROR OR OMISSION, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR EXPOSURE TO, OR RELIANCE OVER THE CONTENT.

11. Notification of Copyright Infringement. If you believe that your rights under U.S. copyright law have been infringed by any Content or as a result of the use of any Service or by any user, please read our Digital Millennium Copyright Act statement for instructions, found at: http://www.miunicast.com/dmca.aspx.

12. Disclaimer of Warranties. ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, ALL 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. UNIVISION DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ALL SERVICES AND 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. YOUR USE OF ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITATION TO THE FOREGOING, UNIVISION IS NOT RESPONSIBLE FOR THE USE OR MISUSE BY OTHERS OF PERSONAL DATA, PHOTOGRAPHS, VIDEOS, ADDRESSES, TELEPHONE NUMBERS, ETC. POSTED BY USERS ANYWHERE ON THIS SITE. WE RECOMMEND THAT YOU USE DISCRETION WHEN PROVIDING ANY SUCH INFORMATION ABOUT YOURSELF, YOUR FAMILY, OR FRIENDS. LIKEWISE, UNIVISION IS NOT RESPONSIBLE FOR OUR ACCESSING OR DOWNLOADING OF CONTENT THAT IS OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE TO YOU OR TO OTHERS.

13. Limitation of Liability. IN NO EVENT SHALL UNIVISION OR ANY OF ITS PARENT, 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 YOUR USE OR MISUSE OF ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT UNIVISION OR ANY OF ITS PARENT, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, UNIVISION’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: (A) THE AMOUNT ACTUALLY PAID BY YOU TO UNIVISION FOR THE USE OF ANY UNIVISION SERVICE OR CONTENT DURING THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST OF ANY AND ALL SUCH CLAIMS; OR (B) IF YOU HAVE NOT PAID UNVISION FOR THE USE OF ANY SERVICE OR CONTENT, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. 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.

14. Indemnification of Univision. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD UNIVISION AND ITS PARENT, 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 USE OR MISUSE OF ANY SERVICE OR CONTENT OR YOUR VIOLATION OF ANY PROVISION OF THIS POLICY. UNIVISION 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 UNIVISION IN ASSERTING ANY AVAILABLE DEFENSES.

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

16. Use of Software. The use of any software provided on Univision’s web sites (“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 Univision and/or its licensors; (c) except as expressly permitted in these Terms 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 Univision provides 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; to the extent permitted by law, Univision disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement; (j) in no event shall Univision 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; (k) as a condition to your use of the Software, you agree to defend, indemnify and hold Univision and any of its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses arising from or in connection with your downloading, use or reproduction of, and/or your receipt or transmission of any material through, the Software; (l) Univision reserves the right, in its 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.

17. Use of Podcasting Service. Univision’s miunicast.com service (the “Podcasting Service”) consists of news/talk programs (the “Podcast Content”) that may be delivered directly to your computer, phone, or MP3 player for private, non-commercial use.

Any use of the Podcasting Service not granted herein is strictly prohibited. Prohibited uses include, but are not limited to, incorporating or placing advertising associated with or targeted at the Podcast Content, redistributing the Podcast Content and using the Podcast Content in a manner that suggests or implies that Univision endorses any products, services or causes of a third party. You may not edit or modify the Podcast Content or links in any manner whatsoever.
You may use the Podcasting Service only with platforms that provide a functional link that, when accessed, takes the user directly to the podcast feed on MiUnicast.com. The Podcast Content may only be used in a manner that allows linking or redirection to or delivery of the applicable page on miunicast.com. You may not insert any intermediate page, splash page or any other content between the podcast link and the applicable page on MiUnicast.com.

The Podcasting Service and the Podcast Content are protected by U.S. and international copyright laws. Univision or its licensors retain all ownership and other rights in the Podcast Content and in any and all trademarks used in connection with the Podcasting Service. If applicable, you must provide attribution to the appropriate page on MiUnicast.com in connection with your use of the Podcasting Service, and, if you use a graphic in the attribution, you must use the appropriate Univision trademark incorporated into the Podcast Content.

Univision reserves the right to cease offering any or all of the Podcasting Service or Podcast Content at any time or to require you to cease any and all use of the Podcasting Service or Podcast Content at any time for any reason, including without limitation, your violation of any provision of these Terms. Univision assumes no liability for your activities in connection with the Podcasting Service or for your use of the Podcast Content.