LATIN ACADEMY OF RECORDING ARTS & SCIENCES
TERMS OF SERVICE
These Terms of Service are effective as of, and were last updated on, January 7th, 2020.
Welcome to our website located at www.latingrammy.com (the "Site"). The Site is provided by Latin Academy of Recording Arts & Sciences, Inc. ("we," "us," "our," “Company,” or “The Latin Recording Academy”). It allows each user or visitor (“user”, “you” or “your”) to visit the Site and participate in interactive features that we may make available from time to time (“Service”). We prepared this Latin Academy of Recording Arts & Sciences Terms of Service (this "Agreement") to help explain the terms that apply to your use of the Site.
1. Legal Terms; Consent
If you do not agree to this Agreement, please do not access or use any part of the Site, do not use the Service, and do not contact our employees or representatives.
2. Important Notice
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION “DISPUTE RESOLUTION” BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
3. Updates to this Agreement
We may modify this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes.
If you do not agree with the proposed changes, you should discontinue your use of the Site or Service. If you continue using the Site or Service after the new terms take effect, you will be bound by the modified Agreement.
5. Affirmative Representations Regarding Your Use of the Site or Service
When you use the Site or Service, you represent that:
- The information you submit is truthful and accurate;
- Your use of the Site and of services available on the Site do not violate any applicable law or regulation;
- You are 16 years of age or older;
- You will comply with the rules for online conduct and making Contributions to the Site, as discussed in Section “Contributions” below; and
- You will use the Site in compliance with applicable law.
6. Member Accounts and Registration
Certain areas of the Site may only be accessed by Members of The Latin Recording Academy in good standing.
6.1 Member Applications
Membership in The Latin Recording Academy is limited to individuals who are creative and technical professionals in the recording industry, and is granted in The Latin Recording Academy’s sole discretion. The process is described at https://www.latingrammy.com/es/my-membership. If you choose to submit an application to become a Member of The Latin Recording Academy, you agree:
- To provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (the “Registration Data”);
- To maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and
- Not to use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
In addition, you represent that you have not accepted or agreed to accept any consideration for your votes in all Latin Recording Academy matters, as applicable. All submissions are subject to approval and acceptance by The Latin Recording Academy.
6.2 Member Accounts
If The Latin Recording Academy accepts your submission, you will be required to create a user I.D. and password that will be associated with your Member account. You may not:
- Select or use as a user I.D. the name of another person with the intent to impersonate that person;
- Use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or
- Use as a user I.D. a name that is otherwise offensive, vulgar or obscene.
We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. As part of your Member account, you will be able to create a user profile, and, depending on your account settings, link to audio, video and other content, and upload photographs. Access to the restricted areas of the Site can be withheld, suspended, delayed or terminated by The Latin Recording Academy at any time if it determines that doing so is in the best interests of The Latin Recording Academy, as determined in its sole and absolute discretion.
7. Our Right to Manage the Site and Service
We reserve the right, but do not undertake the obligation to:
- Monitor or review the Site for violations of this Agreement and for non-compliance with our policies;
- Report to law enforcement authorities and/or take legal action against anyone who violates this Agreement;
- Manage the Site and Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site or Service;
- Screen Users or Members, or attempt to verify the statements of Users or Members;
- Monitor disputes between Users or Members, or terminate or block any User or Member for violating this Agreement;
- Refuse, restrict access to, or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof;
- Provide any updates, correct errors, or continue to provide or enable any particular features or functionality; and / or
- Withdraw or amend any part of the Site or Service in our sole discretion and without prior notice.
We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any length of time.
8. Rules Governing User Contributions; Prohibited Activities
8.1 User Contributions
- You are entirely responsible for the content of, and any harm resulting from, any links to documents, articles, photograph, recordings or other submissions that you post to the Site (collectively, "Contributions"). When you create or make available a Contribution, you represent and warrant that you:
- Own or have sufficient rights to post your Contributions on or through the Site;
- Will not post Contributions that violate our or any other person's privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- Have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post to or through the Site.
- You may not post Contributions that:
- Are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
- Incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
- Contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
- Contain advertisements or solicit any person to buy or sell products or services (other than our products and services); and
- Constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
8.2 Prohibited Activities
In addition to the obligations described in the Subsection immediately above, you agree that, in connection with your use of the Site or Service, you will not:
- Use the Site or Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site or Service without our express written consent;
- Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or Service or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
- Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- Post jobs for modeling or talent or talent scouting positions on the Site or Service or Service;
- Post on the Site or Service any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case these types of postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site or any portion thereof; or
- Circumvent, disable or otherwise interfere with security related features of the Site or Service or Service or features that prevent or restrict use or copying of any Materials (as defined in Section “Ownership Rights”) or enforce limitations on use of the Site or Service or the Materials on the Site or Service or Service.
8.3 Social Media Guidelines
If you access or use any of our social media pages (e.g., Facebook) or other areas of our Site or Service that allow Users or Members to upload contributions, we ask you to follow the following guidelines when making Contributions:
- Be polite and courteous;
- Stay on topic;
- Keep the conversation relevant to the community;
- Contribute to the dialogue;
- All postings should come from a real person.
We reserve the right to remove Contributions posted on our social media pages that violate these social media guidelines.
8.4 Additional Terms Applicable to the Latin GRAMMY Awards Balloting Process
Additional terms will apply to Contributions you submit on or through the Site or Service in connection with releases that have been accepted as official entries in the Latin GRAMMY Awards balloting process. These additional terms are:
- The Latin Recording Academy does not disclose the contact information of its Members.
- While “for your consideration”-type advertisements and communiqués are not prohibited, the specific category, field and balloting numbers are proprietary information belonging to The Latin Recording Academy; such information may not be used, disclosed, published or otherwise distributed in connection with any advertisements, communiqués or for any other purpose.
- The Latin Recording Academy’s entry lists, finals lists and ballots are the property of The Latin Recording Academy. They are for exclusive use by the Voting Members in connection with casting votes.
- During balloting season (July through October), vote solicitation and product distribution at Latin Recording Academy-sponsored events is strictly prohibited.
- Elected leaders of The Latin Recording Academy, likewise, may not distribute or otherwise promote product entered for consideration in the current Latin GRAMMY Awards process before, during or after any meetings of the Board of Trustees, Chapter Boards, National Committees or at any other events officially sponsored by The Latin Recording Academy.
- Voters shall not be influenced by personal friendships, company loyalties, regional preferences, or mass sales.
- Voters shall not allow their choices to be suggested or directed by anything other than their own conscience.
- Voters shall not accept money or anything of value in exchange for votes.
Violation of any of these guidelines may result in disqualification of entries. Any Member who violates or encourages others to violate these guidelines may be subject to sanctions by the Board of Trustees of The Latin Recording Academy, including termination of membership.
9. Rights in Contributions
9.1 Ownership of Contributions
We do not claim any ownership rights in the Contributions that you post on or through the Site or Service. After posting your Contributions on the Site or Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
9.2 Grant of License to Us
We need a license from you so that we can use your Contributions on the Site or Service or elsewhere. By making a Contribution to the Site or Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Site or Service available to you) and worldwide (because the Internet and the Site or Service are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Site or Service, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised. This license does not grant us the right to sell your Contributions. If you remove your Contributions from the Site or Service, we will cease use of your Contributions as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions.
10. Our Intellectual Property Rights
10.1 Ownership Rights
For the purpose of this Agreement, “Content” means the text, document, information, data, articles, images, photographs, graphics, designs, logos, video recordings, audio recordings, sounds, and other materials. Except for your Contributions and the Contributions of other Users of the Site and Service, all Content on the Site or Service and the trademarks, service marks, and logos contained on the Site or Service, (collectively “Materials”) are owned by us, or licensed to us by our licensors. The Latin Recording Academy and its licensors own all right, title and interest, including all related US and foreign copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights in the Site, Service, and Materials, and these rights are protected by United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Site, Service and Materials.
The Site, Service and the Materials are for your information and personal use only and not for commercial exploitation.
If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
10.2 Prohibited Uses
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of part of the Site or Service, except as follows:
- Your computer may temporarily store copies of Materials or code in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Site or the App for your own personal, non-commercial use, and subject to this Agreement; or
- If we provide social media features with certain content, you may take such actions as are reasonably enabled by such features.
- You are prohibited from using the Site or Service:
- To infringe upon or violate The Latin Recording Academy’s intellectual property rights or the intellectual property rights of others;
- In any manner that could affect its functionality or operation;
- In any manner that violates any applicable US or foreign law or regulation;
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity; or
- In any manner that could disable, overburden, damage, or impair the Site or Service or interfere with any other party’s use of the Site or Service, including their ability to engage in real-time activities through the Site or Service;
- You are prohibited from accessing the Site and Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
- You must not:
- Modify copies of any Materials or code;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from any part of the Site or Service;
- Use any robot, spider or other automatic device, process or means to access the Site or Service for any unauthorized purpose;
- Use any process to monitor or copy any of the Materials or code for any other unauthorized purpose;
- Use any device, software or routine that interferes with the proper working of the Site or Service; or
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site or Service, the server on which the Site or Service is stored, or any server, computer or database connected to the Site or Service; or
- Attack the Site or Service via a denial-of-service attack or a distributed denial-of-service attack.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Site, and Service only for your personal use and not for any commercial purpose.
- You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Site or Service except as expressly permitted by this Agreement;
- Modify, translate, adapt, or create derivative works or improvements, whether or not patentable, of the Site or Service;
- Reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of any part of the Site or Service;
- Remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices applied to the Site or Service;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available access to any part of the Site or Service, to any third party for any reason; or
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features protecting any part of the Site or Service;
- If you violate this Agreement, this license to use the Site or Service will cease immediately and you will be required, in our discretion and at your cost, to return or destroy any copies of the Site or Service that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data lost due to your actions or omissions, and for any loss of income or opportunity caused by such violation.
12. Our Right to Terminate Users
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
13. Your Interaction with Other Users
You are solely responsible for your interactions with other users of the Site or Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site or through the Service and that you give to other users of the Site. We urge you not to post publicly on the Site or through the Service your full name, telephone numbers and street addresses.
Information posted to the Site or through the Service by other users or Members may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site or the Service.
14. Term; Survival
This Agreement shall remain in full force and effect while you use the Site or Service. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site or Service. We may also, in our sole discretion, limit, suspend, or terminate the Site or Service or prohibit access to it.
Even after you cease using the Site or Service or following termination, the provisions of this Agreement set forth in Sections Grant of License to Us, Our Intellectual Property Rights, Warranty Disclaimers, Limitation of Liability, and Indemnity, will remain in effect.
15. Copyright Policy
As an organization of creators, The Latin Recording Academy considers the protection of copyright of utmost importance. In addition to following the provisions of the DMCA, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or Materials available on the Site or through the Service infringe upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Policy https://www.latingrammy.com/en/digital-millenium-copyright-act-notice.
16. Third Party Sites
17. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
17.1 Initial Dispute Resolution
We are available by phone at 310-392-3777 (please request Business Affairs) or email at BANotice@grammy.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.2 Agreement to Binding Arbitration
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Subsection immediately above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be subject to the Federal Arbitration Act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
17.3 Class Action and Class Arbitration Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Subsection immediately above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17.4 Exception; Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
17.5 30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Legal Disputes and Arbitration Agreement” by sending written notice of your decision to opt-out to the following address: firstname.lastname@example.org or by fax to 310-581-8795. The notice must be sent within thirty (30) days of accessing the Site or registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section “Legal Disputes and Arbitration Agreement”. If you opt-out of these arbitration provisions, we also will not be bound by them.
17.6 Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in this Section “Legal Disputes and Arbitration Agreement” do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.
17.7 Applicable Law
You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and The Latin Recording Academy.
18. Warranty Disclaimer; Limitation on Liability
18.1 Disclaimer of Warranties
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON THE SITE, OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, MATERIALS HOSTED ON THIRD PARTY SITE, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE, AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE MATERIALS OR THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS PUBLISHED ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES OR INACCURACIES OF ANY MATERIALS;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR;
- ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
18.2. Limited Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
18.3 Exceptions to Disclaimers and Liability Limitations
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE SUBSECTIONS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, Service, or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
20. Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO THIS AGREEMENT, THE SITE, SERVICE, MATERIALS, OR ANY ITEM OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Users Located Out of the United States
Access to the Site or Service by certain persons or in certain countries may not be legal. If you access the Site or Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. Force Majeure
Company will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.
23. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
24. Independent Contractors
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
25. No Third Party Beneficiaries
This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.
26. Section Titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights under this Agreement without your approval.
30. No Modifications by Our Employees
If any of our employees offer to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
31. Contact Information
If you have any questions about this Agreement or your account, you may:
Send an email to: BANotice@grammy.com
Send postal mail to:
Latin Academy of Recording Arts & Sciences, Inc.
3470 NW 82nd Avenue
Miami, FL 33122