WEBSITE TERMS OF USE

Introduction

This Website and the services available on this Website are services operated by Latin Songwriters Hall of Fame (“LSHOF Website”). These Web-based services may include any one or more of the following: fan clubs; online stores for the browsing and purchasing of merchandise, concert tickets and other items; the viewing of and listening to audio and visual content via a Website; and any other features, functionality or activities which may be available from time to time on this Website. Such services are referred to in this document as the “LSHOF Website Services.”

Age Requirements

In order to use the Westore Services, you must be at least 13 years of age. If you are under 13 years-old, you may not use the LSHOF Website Services or this Website and you are instructed to leave this Website. If you are between the ages of 13 through 17 years-old, you may use the LSHOF Website Services only under the supervision and with the consent of your parent or legal guardian.

Legal Agreement Between You And LSHOF Website

These Terms of Use constitute a legal agreement between you, the user of the LSHOF Website Services, and LSHOF Website. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the LSHOF Website Services. If you do not accept these Terms of Use in their entirety, you may not access or use the LSHOF Website Services.

Modification Of These Terms Of Use

LSHOF Website may update or change the terms, conditions, and notices for the LSHOF Website Services from time to time to reflect changes in the LSHOF Website Services, changes in the law, or for other reasons as deemed necessary by LSHOF Website, in its sole discretion. Continued access to or use of the LSHOF Website Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the LSHOF Website Services shall be subject to the Terms of Use, as modified from time to time.

Privacy And Personal Information

You may be required to register to use the LSHOF Website Services. To set up an account, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the LSHOF Website Services. LSHOF Website agrees that it will only use and/or disclose your personal information in accordance with the terms of the LSHOF Website Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the LSHOF Website Services. The Privacy Policy shall supersede any conflicting language in these Terms of Use.

User Account Responsibility

If you are given a password to access the LSHOF Website Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify LSHOF Website immediately of any unauthorized use of your account. LSHOF Website is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Third-Party Sites

This Website may contain links to other Websites controlled or operated by persons and companies other than LSHOF Website (“Linked Sites”). The Linked Sites are not under the control of LSHOF Website and LSHOF Website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LSHOF Website is not responsible if the Linked Site is not working correctly. LSHOF Website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LSHOF Website of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the LSHOF Website Services or are identified on this Website, including the delivery of and payment for goods and services.

Prohibited Uses

You agree that you will not: (1) use the LSHOF Website Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the LSHOF Website Services in any manner that could damage, disable, overburden, or impair the LSHOF Website Services or interfere with any other party’s use and enjoyment of them; (3) attempt to gain unauthorized access to any LSHOF Website account, computer systems or networks associated with the LSHOF Website Services; or (4) obtain or attempt to obtain any materials or information through the LSHOF Website Services by any means not intentionally made available or provided for.

Purchasing & Returns Terms

All membership subscriptions and ticket sales are final and no refunds are available. Merchandise may be returned for any reason within 15 days of receipt of the order, after that only damaged or defective items may be returned. All merchandise must be in resellable condition unless damaged or defective, items cannot be returned if worn or washed. Original shipping costs cannot be refunded unless it is an error on webstore’s part. To return an order, please write the reason for the return on a copy of the invoice and include it with the order. Please mail all returns to: Latin Songwriters Hall of Fame ATTN: Returns, 1111 Lincoln Road, Suite 400, Miami Beach, FL 33139, Tel: 786-276-2330. Please include a phone number and/or email address so that we may contact you if necessary. For further questions, please contact us at info@latinsonghall.org

Content Available on the LSHOF Website Services

The LSHOF Website Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the LSHOF Website Services (all of these things are commonly referred to as “Content”) are owned exclusively by LSHOF Website or others who have licensed their material to LSHOF Website. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this LSHOF Website Services are not permitted to use the Content in any manner, except as expressly permitted. Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the LSHOF Website Services are owned by LSHOF Website or others who have licensed their use to LSHOF Website. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to LSHOF Website for which money damages would be inadequate and in such event LSHOF Website will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

LSHOF Website AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE LSHOF Website SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LSHOF Website AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL LSHOF Website, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LSHOF Website SERVICES, WITH THE DELAY OR INABILITY TO USE THE LSHOF Website SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE LSHOF Website SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE LSHOF Website SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LSHOF Website OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LSHOF Website SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LSHOF Website SERVICES. In no event will LSHOF Website’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the LSHOF Website Service.

Customer Support

LSHOF Website may provide information about how to use the LSHOF Website Services. If you have any questions about the LSHOF Website Services or any problems that you would like to report, please contact us at info@latinsonghall.org. Termination And Restriction Of Access LSHOF Website reserves the right, in its sole discretion, to terminate your access to the LSHOF Website Services or any portion thereof at any time, without notice. LSHOF Website may also terminate or suspend your access to the LSHOF Website Services for breach of this Terms of Use or inactivity. Upon termination of your LSHOF Website account, your right to use the LSHOF Website Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or LSHOF Website shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The LSHOF Website Services may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your subscription, if any.

General

These Terms of Use are governed by the laws of the State of Florida, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Miami Beach, Florida, U.S.A. in all disputes arising out of or relating to the use of the LSHOF Website Services. LSHOF Website makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LSHOF Website as a result of these Terms of Use or use of the LSHOF Website Services. You may not assign these Terms of Use without the prior written consent of LSHOF Website. LSHOF Website may assign these Terms of Use, in whole or in part, at any time. LSHOF Website’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of LSHOF Website’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the LSHOF Website Services or information provided to or gathered by LSHOF Website with respect to such use. You agree to indemnify and hold Webswtore, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the LSHOF Website Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy and the Terms of Use) constitute the entire agreement between you and LSHOF Website with respect to the LSHOF Website Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LSHOF Website. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Notices

This Website and all of its contents: Copyright © 2013 by Latin Songwriters Hall of Fame or its suppliers. All rights reserved. Latin Songwriters Hall of Fame may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the LSHOF Website Services, including the Web pages that are part of the LSHOF Website Services. Except as expressly provided in these Terms of Use, the provision of the LSHOF Website Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Last Updated: January 20, 2013