LALATE.COM USER AGREEMENT: TERMS UNDER WHICH THIS SERVICE IS PROVIDED
YOUR ACCEPTANCE OF THESE TERMS
HOW TO CONTACT US
This Site is controlled and operated by LALATE.com. Please forward any comments or complaints to info[at]lalate.com
RESTRICTIONS ON USE
IMAGES, VIDEO, AUDIO
Images, video, audio files, quotations, and similar (“Other Materials”) on http://lalate.com are available in various places on the Internet and elsewhere and do not originate on lalate.com unless specifically indicated. Other Materials posted are believed to be posted within our rights according to theÂ U.S. Copyright Fair Use ActÂ (title 17, U.S. Code.) and/or applicable federal or state law. Other Materials are copyright of their respective owners. If you wish your work not to appear on this news site, email us at info [at] lalate[DOT]com with details and, as applicable, we will kindly remove them promptly.
TRADEMARKS AND COPYRIGHTS
lalate.com and all materials incorporated by on lalate.com are protected by copyrights, patents, trade secrets or other proprietary rights owned by lalate.com. Some of the characters, logos or other images incorporated by lalate.com on lalate.com are also protected as registered or unregistered trademarks, trade names and/or service marks owned by lalate.com.
lalate.com is respectful of othersâ€™ intellectual property rights and requests you do the same of lalate.com.
LALATE.COM may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject mater in this site. Except as expressly provided in any written license agreement from LALATE.COM, the furnishing of this site does not give you any license to these patents, trademarks, copyrights or other intellectual property.You may not alter, modify, or remove any Â© or TM mark, copyright or trademark notice from any item within this site. You hereby agree that you are given sufficient notice of copyright and trademark ownership by a single displaying of the Â© or TM within the site.Â© 1998 – 2008 lalate.com. All rights reserved. TM 1998 – 2008. lalate.com. All rights reserved.
SPECIFIC RESTRICTIONS ON USE OF LALATE.COM MATERIAL
LALATE.COM text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. LALATE.COM will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmissions or delivery of all or any part thereof for any damages arising from any of the foregoing.
LICENSE TO LALATE.COM
By posting messages, uploading files, inputting data, or engaging in any other form of communication (a “Communication”) through this service, you are granting the LALATE.COM a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to:1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication; and 2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communication.
The foregoing grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.
FORUMS AND PUBLIC COMMUNICATION
“Forum” means a chat area, bulletin board, comments section, or e-mail function offered as part of LALATE.COM. You shall not upload to, distribute through, or otherwise publish through LALATE.COM any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other LALATE.COM guests to join or become members of any commercial online service or other organization is expressly prohibited.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.turn to the Web site, please use the “Back” button on your browser.
This service may include bulletin boards, comments sections, and chat rooms (“Bulletin Boards”) which allow feed-back to LALATE.COM and real-time interaction between users. The LALATE.COM does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the Bulletin Boards and this Web site that you do not:
â€˘ restrict or inhibit any other user from using and enjoying the Bulletin Boards;
â€˘ post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene , vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
â€˘ post or transmit any information, software or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
â€˘ post or transmit any information, software or other material which contains a virus or other harmful component;
â€˘ post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.
You understand that the LALATE.COM has no obligation to monitor the Bulletin Boards. However, the LALATE.COM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in LALATE.COMâ€™s sole discretion are objectionable or in violation of these Terms and Conditions.
lalate.com has no control over the operation of any venue listed and bares no responsibility to it, its employees, or agents for any conduct that occurs at, in, or while entering any venue listed hereunder.
LALATE.com fully coordinates with federal, state and local law enforcement criminal prosecution of any person, company, or process that seeks to negatively effect the functionality of LALATE.com. Please be advised that your indentity and locale is monitored 24/7.
You agree that creatingÂ a duplicate webpage, or storyÂ post,Â to directly copyÂ an RSS FeedÂ created on the domain LALATE.com orÂ onÂ respective subdomains constitutes infringement of LALATE.com’s contentÂ and is not permitted; you are not permitted to use any substantial part of such RSS Feeds text or RSS FEED title text for such purposes.
COPYRIGHT AND TRADEMARK INFRINGEMENT
lalate.com is respectful of othersâ€™ intellectual property rights and request you do the same of lalate.com. If you believe that any content appearing on lalate.com or lalate.com websites infringes your copyright rights, we at lalate.com want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below after you comply with provision “COPYRIGHT ADVISEMENT” below.
â€˘ your name, address, telephone number, and e-mail address;
â€˘ a description of the copyrighted work that you claim has been infringed;
â€˘ the exact URL or a description of each place where alleged infringing material is located;
â€˘ a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
â€˘ your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
â€˘ a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
lalate.com seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
Please be advised the following.
For copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
3rd Party Audio Video
From time to time, lalate.com within its news stories may reference audio or video content that appears on servers of third party audio / video website (herein “Video Providers”). Those Video Providers include but are not limited to YouTube.com, DailyMotion.com, RedLasso.com, Z-share, WordStarHipHop.com, etc. Please be advised and warned that lalate.com has no control of such content on Video Providers and assumes no responsibility for such content. lalate.com maintains no “copy” of such content on lalate.com servers and did not place the content onto those Video Providers websites. In the event that you have a claim regarding any content on Video Providers that is referenced, coded, linked to, or similar on lalate.com, you must assert you copyright claim to the Copyright Agent of the Video Provider. Knowingly contacting lalate.com about content on a Video Provider without specifically addressing this warning in your correspondence shall serve as a waiver of your rights on this subject, a basis of frivolity and vexatious harassment, and or may subject to you liability under the U.S. Copyright Act and or California state law.
LALATE2 (http://news.lalate.com/celebrity). Video content that appears on LALATE2 is not hosted on lalate.com’s server. Image, text, audio and video content that appears on LALATE2 is hosted on Video Providers and is funtioning from Video Providers. Please be advised and warned that lalate.com and subsection LALATE2 has no control of such content on Video Providers and assumes no responsibility for such content. lalate.com and LALATE2 maintains no “copy” of such content on lalate.com servers and did not place the content onto those Video Providers websites. In the event that you have a claim regarding any content on a Video Provider that is referenced, coded, linked to, or similar on lalate.com, you must assert you copyright claim to the Copyright Agent of the Video Provider. Knowingly contacting lalate.com about content on a Video Provider without specifically addressing this warning in your correspondence shall serve as a waiver of your rights on this subject, a basis of frivolity and vexatious harassment, and or may subject to you liability under the U.S. Copyright Act and or California state law.
lalate.com may provide video for news reporting and/or other permitted reasons or Â fair uses on http://news.lalate.com/videos.html or elsewhere on lalate.com
This site is controlled and operated by LALATE.COM from its offices within the State of California, United States of America. The LALATE.COM makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By 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 such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all LALATE.COM site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from the LALATE.COM if in the LALATE.COM ‘S sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other LALATE.COM site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
LALATE.COM HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER LALATE.COM NOR ITS AGENTS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LALATE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LALATE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LALATE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT LALATE.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LALATE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LALATE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LALATE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LALATE.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, LALATE.COM explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to TelevisionInternet.com (and other LALATE.COM sites) from third parties not associated with LALATE.COM. LALATE.COM encourages discretion when browsing the Internet using our or anyone elseâ€™s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, LALATE.COM cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
LALATE.COM cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from LALATE.COM. LALATE.COM does not endorse any of the merchandise, nor has LALATE.COM taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. LALATE.COM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LALATE.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, PRODUCTS OR SERVICES IN THIS SITE, EVEN IF LALATE.COM OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LALATE.COM ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Under no circumstances, including, but not limited to, negligence, shall the LALATE.COM, its subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use the LALATE.COM materials. You specifically acknowledge and agree that LALATE.COM is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any the LALATE.COM material, or with any of the LALATE.COM terms and conditions, your sole and exclusive remedy is to discontinue using the LALATE.COM.
These terms shall be 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 that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.