Please read the following terms of use ("Terms of Use") carefully before using the webSite (the "Site") owned by Latin Listings Inc.  By using the Site, you agree to be bound by the Terms of Use.  If you do not agree to be bound by these Terms of Use, discontinue all use of the Site immediately.

In these Terms of Use, the expression "Site" refers to either www.latinlistings.ca or to any other website owned by Latin Listings Inc. and from which you may have been redirected.

The Terms and Conditions of Use related to your Latin Listings Inc. Account are supplement to this Legal Notice and can be found here.

1. General Remark. This Site is for personal and non-commercial use. The entire content included in the Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds, video clips, software and links to external webSite (the "Content"), is provided for informational purposes only.  Please use caution and common sense when using the Site.

2. Disclaimers and Limitation of Liability. Latin Listings Inc. intends for the Content on the Site to be accurate and reliable, however, the Site and the Content are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. In particular, Latin Listings Inc. do not control the Content posted by users on the Site and makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Site. Furthermore, to the fullest extent permissible pursuant to applicable law, Latin Listings Inc. disclaim all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement of third party rights, freedom from computer virus, and warranties arising from course of dealing or course of performance. Latin Listings Inc. do not represent or warrant that the functions contained in the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server which makes the Site available are free from viruses or other harmful components. In no event shall Latin Listings Inc. be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages, arising out of or in connection with the use or performance of the Site or any other site you may access while using the Site or your use of the Content, even if advised of the possibility of such damages.

3. Dealing with Third Parties. Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Site is solely between you and such third parties, and Latin Listings Inc. has no control over the quality or legality of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. Latin Listings Inc. is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Latin Listings Inc., are responsible for compliance with all laws applicable in any such transaction.

4. Indemnification. To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Latin Listings Inc., its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these provisions; or (ii) your use of this Web site, the content contained in this Web site and the placement or transmission of any information or other materials on this Web site made by you or others using your account. You agree to promptly notify Latin Listings Inc. immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. Latin Listings Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

5. Prohibited Use of the Site. You shall not use the Site in any way that would interfere with their operation nor submit any information, material or content to the Site that violates any law. Furthermore, you shall not post, upload, publish, transmit or otherwise distribute on the Site any information, material, or content that:

(a) could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or fraud;

(b) could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral or statutory or any other rights of any person;

(c) could infringe the intellectual property rights including without limitation any copyright, trade-mark, or patent, of any person;

(d) could be considered as a use of the Site that is contrary to law or electronic etiquette, or which would adversely impact the use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;

(e) contains any distasteful or offensive material including, but not limited to, material intended for an adult audience;

(f) contains: (i) commercial content, including without limitation, advertising, solicitation, offer to sell any goods or services,  or (ii) advertising, solicitation, offer to join any organization whatsoever, or (iii) surveys, contests, or chain letters; or

(g)    encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.

Latin Listings Inc. reserves the right to remove any information, material or content that you post, upload, publish, transmit, distribute or otherwise use on the Site at any time, at its sole discretion and without prior notice.

6. Submissions. You hereby grant to Latin Listings Inc. a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to this Web site or by e-mail to Latin Listings Inc. and/or to incorporate it in other works regardless of form, medium or technology. In addition, you hereby waive any moral rights you have in any and all material or information submitted by you to this Web site or by e-mail. You agree that any information submitted for inclusion at this Web site does not infringe the intellectual property or other rights of any third parties and you grant Latin Listings Inc. a right to provide access to the information from the Web site. You warrant that any software submitted to Latin Listings Inc. shall be free of computer viruses. All submissions may be removed by Latin Listings Inc. without notice.

7. Web Scraping/Harvesting. The framing, scraping, data-mining, extraction or collection of the Content of the Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.

8. Hyperlinking to the Site. You may create a link (the "Hyperlink") to one or more of the Site provided that:

(a) you do not replicate any of the Content of the Site;

(b) you do not create a frame or any other bordered environment around the Site or any of the Content contained on the Site;

(c) the Hyperlink shall not imply any endorsement of any product or services;

(d) the website linking to the Site does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and

(e) the website linking to the Site does not contain any information, content or material that would interfere with the operation of the Site nor which libels, defames, invades privacy, is obscene, abusive or threatening, infringes intellectual property laws or violates any other laws.

Latin Listings Inc. may withdraw your right to link to the Site at any time in their sole discretion.

9. External Links on the Site. Links available on the Site will allow you to link to webSites not maintained or controlled by Latin Listings Inc.. Latin Listings Inc. provides these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding these other webSites and assume no responsibility for content on third party webSites. Please be aware that you link to these third party webSites at your own risk.

10. Copyright. All Content published on or otherwise accessible through the Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Latin Listings Inc. or Latin Listings Inc.' content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Site and maintain such notices in the Content.

11. Trade-marks. All products, services and company names mentioned in the Site may be trade-marks of either of Latin Listings Inc. or their related companies or their respective owners. You shall not use any trade-mark displayed on the Site without the express written permission of the applicable company or the relevant owner of the trade-mark.

12. Changes. Latin Listings Inc. reserve the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Material changes will take effect 30 days after their posting.  The posting date of each document will be set out at the end of the document.  Any continued use of the Site will be deemed conclusive of your acceptance of the modified Terms of Use.

13. Registered User Accounts. In order to access certain parts of the Site, you may have to register as a user with Latin Listings Inc. During registration for a user account, you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Latin Listings Inc. of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. Latin Listings Inc. will not be liable for any loss or damage arising from your failure to comply with this section.

14.  Confiential Information and Privacy. Latin Listings Inc. respects each individual’s autonomy and is committed to protecting the privacy of all users of the site. Latin Listings Inc. stance on privacy is very simple: first, Latin Listings Inc. collects personal information about you only when you knowingly and willingly provide it; and second, Latin Listings Inc. will not share, sell or otherwise profit from the distribution of personal data beyond the use it was provided to fulfill. As with all Latin Listings Inc. relationships either on or off the Internet, Latin Listings Inc. holds its customers’ information with care and in strict confidentiality. Notwithstanding, Latin Listings Inc. reserves the right at all times, without prior notification to you, to disclose any information about you or your use of this Web site as necessary to satisfy any law, regulation, governmental request or court order. Latin Listings Inc. aggregates non-personal information about our customers usage behaviour from the Web site and/or surveys to better understand our customers’ needs and to improve our services overall. This aggregate information is shared with business-partners and advertisers but does not include any personally identifiable information, and does not put the confidentiality of your information at risk. Complete confidentiality and security is not yet possible over the Internet. Internet use and communication is subject to interception, loss and alteration. On whichever site you provide personal information, it is possible for a third party to view that information. It is not surprising, for example, that messages to newsgroups have resulted in unsolicited email from spammers. You acknowledge and agree that Latin Listings Inc. and its affiliates and related companies shall not be responsible for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at your own risk.

15. Viruses. Latin Listings Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Web site or your downloading of any materials, data, text, images, video, or audio from this Web site.

16. Miscellaneous. Any service order or transaction performed on or through the Site may be subject to additional terms and conditions or terms of sale. The Terms of Use of the Site and all other documents referenced herein constitute the entire agreement between Latin Listings Inc. and you with respect to your use of the Site. Latin Listings Inc.' failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms of Use shall be governed by and construed in accordance with the laws of the province in which you reside and the federal laws of Canada, as applicable. The parties hereby agree and attorn to the exclusive jurisdiction of the courts of the province in which the user of the Site resides. The parties have required that these Terms of Use and all related documents be drawn up in English. Las partes requieren que los terminos de uso y todos los documentos relacionados sean redactados en ingles.


Posting Date: March 24, 2012

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