ET CETERA ENTERTAINMENT | TERMS OF USE
Welcome to THE OFFICIAL GEENA THE LATINA WEBSITE, operated by ET CETERA ENTERTAINMENT (“ETCE”). ETCE has created this website for your personal enjoyment, entertainment and education. However, you are only authorized to access this site or to use the materials contained on this site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use, which constitute an Agreement between you and ETCE.
Please read these Terms of Use carefully and save them. You must read and accept all of the terms and conditions contained in this Terms of Use agreement as well as ETCE’s Privacy Policy, which can be accessed by clicking here. If you do not agree with these Terms of Use, you should leave this website immediately and discontinue all use of this website. Your use of this website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change.
1. Ownership
This website is owned and operated by ETCE and materials on the site are owned, for the most part, by ETCE. Our website may also include materials owned by third parties and posted on the site by virtue of a license or some other form of agreement between ETCE and the third party.
2. Disclaimer of Liability and Warranties
2.1. Although ETCE does its best to ensure the optimal performance of this website, you agree that you use this website and rely on the material contained on this website at your own risk.
2.2. This website, and all materials contained on this website, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. This means, without limitation, that ETCE DOES NOT WARRANT:
a. that the website is fit for any particular purposes;
b. that the functions contained in the materials on this website will be uninterrupted;
c. that defects will be corrected;
d. that the website is free of viruses and other harmful components; or
e. that the website is accurate, error free or reliable.
2.3. You acknowledge that ETCE, together with its respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
2.4. You acknowledge that ETCE is not liable for any defamatory, offensive or illegal conduct or material found in connection with this website, including such conduct or material transmitted by any means by any other person.
2.5. You acknowledge that ETCE is not liable for any damages, including, but not limited to, direct, incidental, special, consequential or punitive damages, in connection with or arising from your inability to use this website.
3. Indemnity
3.1. You agree to defend, indemnify and hold harmless ETCE, together with its employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this website; your failure to use this website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
4. Intellectual Property
4.1. Trademark and Copyright Notice: All materials contained on this website, including, but not limited to, articles and newsletters, other text, photographs, images, illustrations, graphics, audio and video material, software, ETCE logos, titles, characters, names, graphics and icon buttons (collectively, “Intellectual Property”) are protected by trademark, copyright and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by ETCE or by other parties that have provided ETCE with rights thereto.
4.2. Permissible Use of Intellectual Property. You are authorized to use the Intellectual Property only for personal, non-commercial purposes. This means that you may only view or download materials from this website for your own personal use and you must keep all copyright and/or other proprietary notices attached to the downloaded material.
4.3. Prohibited Uses of Intellectual Property:
a. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, duplicate, distribute or perform publicly by any means, method or process now known or later developed, decompile, reverse engineer, disassemble, use in another computer environment, modify, copy, transmit or sell any Intellectual Property without the express, prior written consent of ETCE.
b. You are strictly prohibited from creating works or materials that derive from, or are based on, the materials contained on this website, including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether such derivative materials are sold, bartered or given away.
4.4. Other trademarks, service marks, product names, company names and logos appearing on this website that are not owned by ETCE may not be used without express permission from their owners.
4.5. Linking and Framing. Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this website, or frame this website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of this website in an email for commercial purposes, without the express written permission of ETCE.
4.6. Requests for permission to reproduce or distribute materials found on this website can be made by written inquiry to sadao@geenathelatina.com. Please be sure to include your full name as well as a detailed explanation of why and how you intend to use the requested materials.
5. Copyright Infringement
5.1. It is ETCE’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DCMA”) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. By submitting any material or photographs through this website, you are granting permission to have this material posted on this website, and are representing that you are the rightful owner of the submitted material and that no one else may claim rights to this material. ETCE reserves the right to remove access to any and all infringing material. Such actions do not affect or modify any other rights ETCE may have under law or contract.
5.2. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the DCMA, to sadao@geenathelatina.com. It is ETCE’s policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Pursuant to 17 U.S.C. § 512(c), to be effective, such a notification must include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ETCE to locate the material.
d. Information reasonably sufficient to permit ETCE to contact the complaining party, such as an address, telephone number, and, if available, an email address.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Trademark Infringement
6.1. If you are a trademark owner (or represent a trademark owner) and have an objection to any use of your trademark on our website, please provide the following information in a signed letter on company stationary:
a. Name of Company
b. Contact information (including email address)
c. List of trademark(s) at issue and the country/countries in which it is registered
d. Printout or other replication of how the trademark(s) was/were allegedly misused on our site
e. Include the following statement: “I have a good faith belief that use of the trademarks described above on www.geenathelatina.com is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law. I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
6.2. Please send all trademark complaints by PDF to sadao@geenathelatina.com.
7. Third Party Websites
7.1. Links. This website may contain links to websites operated by third parties. ETCE does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply ETCE’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
7.2. Merchants. This website may enable you to order and receive products, information and services from businesses that are not owned or operated by ETCE. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. ETCE does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. ETCE will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information.
8. Bulletin Boards, Forum and Chat Rooms
8.1. ETCE currently does not offer bulletin boards, forums or chat rooms on this website. However, ETCE reserves the right to make such services available in the future. In the event that ETCE does provide bulletin boards, forums and/or chat rooms on this website, the following terms and conditions govern your use thereof:
8.2. You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this site) (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this website (collectively “Forums”). However, ETCE accepts no responsibility whatsoever in connection with or arising from such Messages.
8.3. ETCE does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by ETCE prior to posting and do not necessarily reflect the opinions or policies of ETCE. ETCE makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, ETCE reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
8.4. ETCE assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time ETCE chooses, in its sole discretion, to monitor the Forums, ETCE nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that ETCE accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this website to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the website by any other person.
8.5. You agree that you will not submit Messages to Forums that:
a. are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
b. violate the copyright, trademark or other intellectual property rights of any other person.
8.6. By submitting Messages to Forums, you represent to ETCE that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
a. improperly assume or claim the identity, characteristics or qualifications of another person;
b. are for purposes of spamming;
c. contain any virus or other harmful component;
d. are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
e. are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
8.7. You agree that any Message whatsoever submitted by you becomes the property of ETCE and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as ETCE sees fit.
8.8. You agree to release ETCE, together with its employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
9. Fees
Access to and use of this website and the services currently available without charge. ETCE reserves the right to charge a fee for access to or use of this website, or any products or services available on this website at any time in the future. Your access to or use of this website before such time does not entitle you to use of this website without charge in the future.
10. Termination
ETCE reserves the right to immediately terminate your use of, or access to, this website at any time if ETCE decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that ETCE considers to be inappropriate or unacceptable.
11. Other
11.1. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of the remaining provisions.
11.2. This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this website, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
12. Amendments to these Terms of Use
ETCE reserves the right to amend this Agreement at any time by posting the amended terms on this website. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on the website.
13. Questions, Concerns or Complaints
If you have any privacy issues or complaints with respect to ETCE’s website and/or theseTerms of Use, please contact ETCE at sadao@geenathelatina.com.
Last updated on February, 13 2004
