TERMS AND CONDITIONS

Welcome to QuieroLatino.com, the online personals service (the "Service") for adults to meet each other online. The Service is operated by QuieroLatino.com LLC ("QuieroLatino").

By using QuieroLatino.com website (the “Website”) you agree to be bound by this legal agreement ("Agreement"), whether or not you register as a member of QuieroLatino (“Member”). IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT OR IN OUR PRIVACY POLICY, DO NOT REGISTER FOR OR USE THE QUIEROLATINO SERVICE (the “Service”). The terms of use are subject to change by QuieroLatino at any time, effective upon posting on the Website, and your use of the Website or our Service will constitute acceptance by you of such changes.

1. Eligibility

You must be at least 18 years old to use the Service. Your Membership for the Service is for your sole personal use. If you are under 18, if you are unable to enter into legally binding contracts, or if we have previously cancelled your membership, you are not able to use this Service. Further, if you are not single or separated from your spouse, you are not able to use this Service. Please read this Agreement carefully before registering for the Service. By using the Website or registering for the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by all the terms and conditions in this Agreement.

2. Registration/Membership and Subscription

You may become a Member of this Service for free. As a Member, you can use some, but not all, of the Services and features on the Website. If you want to use the additional features of this Service, including initiating communication with other Members, you must become a paying subscriber (“Subscriber”). Please see our Registration Section for a description of the current subscription plans and prices. Note that the subscription policies revealed to you when you register are deemed to be part of this Agreement. Please note that for the purposes of this Agreement, the term Member includes Subscribers, except where indicated otherwise.

We reserve the right, at any time, to change the fees, charges or other subscription policies for using the Service. When you register to become a Member, you agree that the information you provide about yourself (“Registration Data”) is accurate, up-to-date and complete. You also agree to maintain and update your Registration Data so that it remains accurate, up-to-date and complete. You acknowledge that we may terminate this Agreement and your right to use our Service if your Registration Data is inaccurate, not current or incomplete in any respect. In such case, you shall not be entitled to a refund of any unused subscription fees. Although we attempt to verify the accuracy of the information provided by our Members, we do not verify the information provided by Members in their profiles, and we can not control and are not responsible for the truth or accuracy of such information.

3. Term and Termination

As long as you use this Service or are a Member, this Agreement will remain in full effect. You may terminate your membership by e-mailing us at Dating@QuieroLatino.com or sending us written notice. We reserve the right to terminate your membership by taking down your profile, at any time, for any reason, with or without explanation and sending you notice of termination at the e-mail address or mailing address in your Registration Data. In such case, we will refund any unused Subscription fees that you paid to us. If we terminate your Subscription because you breached this Agreement or our Privacy Statement, you will not be entitled to a refund of any used or unused Subscription fees. If you terminate your Membership for any reason, you will not be entitled to a refund of any unused or used Subscription fees. All decisions regarding termination are in the sole discretion of QuieroLatino, and QuieroLatino is not required to send you notice prior to terminating your Membership or Subscription. We reserve the right to withhold the reason for terminating your Subscription or Membership. Even after your membership is terminated, this Agreement will remain in effect.

4. Non-Commercial Use

This Website is for the use of our Services by our Members and may not be used in connection with any commercial activities. Organizations or companies are not permitted to become Members and we reserve the right to terminate the Membership of any organization or company that does become a Member. Illegal or unauthorized use of the Website, including collecting the e-mail address or user names of our Members, by electronic means or otherwise, for any purpose, may be investigated by us and appropriate legal action may be taken.

5. Your Information

When you register to become a Member, you agree that your Registration Data, including but not limited to your billing information (i.e. billing address, credit card number, and expiration date) is accurate, up-to-date and complete. You also agree to maintain and update your Registration Data so that it remains accurate, up-to-date and complete. You agree that the information you publish or display (hereinafter "Post") in your profile, including any photographs, is posted by you and you are the exclusive owner of such information and photographs. By posting information on QuieroLatino.com, you grant to us an irrevocable, perpetual, and fully paid license to use, display, reproduce, modify and distribute the information or content. From time to time, other Members may Post copyrighted information, whether or not it is identified as copyrighted. You agree to not copy, modify, use, display, reproduce, distribute, or sell such copyrighted material, unless the information is in the public domain or you have been given prior express written permission.

6. Content you Post on the Website

You agree that you will use the Service in a manner consistent with all applicable laws and regulations.

You agree that you will not include in your personal profile any telephone numbers, last names, street addresses, e-mail addresses, or URL's.

You agree that you will not engage in advertising to, or solicitation of, other Members. This includes, but is not limited to, solicitation to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other Members. You are solely responsible for your communications and interactions with other Members. We reserve the right to restrict the number of e-mails or messages a Member may send in a 24 hour period to a number which we deem appropriate in our sole discretion.

You agree that you are solely responsible for the content or information you Post on the Service, or transmit to other members. You will not Post on the Service, or transmit to other members or to us or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile or Post anywhere on the Website any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not Post any photos containing nudity or personal information. We reserve the right to reject any profile or photo that does not comply with the prohibitions set forth in this section.

7. Communications From Us

By becoming a Member, you agree to accept and you consent to receiving email communications initiated from us or through us including, but not limited to, emails informing you about potential matches and events and parties that we or our partners organize. You also agree to accept and consent to receiving email informing you of changes to the Service and emails informing you of promotions that either we or third parties provide. If you choose to respond to promotions that are provided by third parties and in the course of doing so you disclose your personal information to any third parties and grant the third party permission to collect information about you, then their use of your information is governed by their privacy policies. If you do not wish to receive any communications from us, then please do not register with our Service. You may opt-out of receiving email communications sent from us or through us by e-mailing us at Dating@QuieroLatino.com.

8. Prohibited Activities

We reserve the right to investigate and terminate your Membership if you have misused the Service or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited when using this Service:

You will not harass any person or entity.
You will not impersonate any person or entity.
You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not express or imply that any of your statements are endorsed by us, without our specific prior written consent.
You will not interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or Website.
You will not Post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
You will not use meta tags or code or other devices containing any reference to Us or the Service or the Website connected to the Service in order to direct any person to any other website for any purpose.
You will not Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy or limit the functionality of any computer software or hardware.

9. Customer Service

We may provide you with customer service employees to provide you with assistance and guidance. When speaking with our customer service employees or representatives on the telephone or communicating with them by any other means, you may not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. If we feel that your actions towards our customer service representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to a refund of any unused subscription fees.

10. Subscriptions and Billing

You agree to pay QuieroLatino all charges at the prices then in effect for any use of the Service by you or other persons. You authorize QuieroLatino to charge your chosen payment provider and account (“Payment Method”) for the Service and you agree to make the payment using the Payment Method.

By entering into this Agreement, you acknowledge that your subscription has an initial and a recurring payment feature and accept responsibility for both payment features. After your initial subscription period has ended, your QuieroLatino subscription will be automatically extended for successive renewal periods of one month at the then-current non-promotional subscription rate. You may cancel your subscription at any time by providing us with prior notice in writing or by e-mailing us at Dating@QuieroLatino.com. If you cancel your subscription, your subscription will not be renewed after the then-existing subscription term. However, you will not be eligible for a refund of any portion of the subscription fee paid for the then-current subscription period.

Any free trial or other promotion that provides you with Subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.

11. Indemnity by You

You agree to defend, indemnify, and hold QuieroLatino our officers, directors, partners, employees, agents and third parties harmless, for any losses, costs, liabilities or expenses made by any third party relating to or arising out of your use of the Service, including, but not limited to, your breach of this Agreement, any breach of your representations and warranties in this Agreement, and/or your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

12. Limitation of Liability

Except in those jurisdictions where such provisions are prohibited, in no event will QuieroLatino be liable to you or to any third person for any incidental, consequential, special, punitive or indirect damages including, but not limited to, loss profits or damages from loss of data, loss of programs, cost of procurement of substitute services or service interruptions, arising out of the use of or inability to use the service, even if we or our agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, QuieroLatino’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to QuieroLatino for the Service during the term of your Membership.

We do not screen Members before they register for the Website or conduct any background checks. In no event will QuieroLatino be liable to you or to any third person or party for any incidental, consequential, special, punitive or indirect damages, including but not limited to physical damages or emotional distress, arising out of the use of this Service, including but not limited to your communications with other Members or individuals you meet via the Service.

If You have a dispute with one or more of the other Members on this Website, you release QuieroLatino, our officers, directors, agents, and employees, from any claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

13. Intellectual Property

All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners.

14. Privacy

Use of the Website and/or Service is governed by our Privacy Policy.

15. Disclaimers

QuieroLatino is not responsible for inaccurate or incomplete information Posted on the Website. Any opinion, statement, advice, offers, or other information or content made available through the Service or Website, but not directly by QuieroLatino, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstance are we to be held responsible for any loss or damage resulting from any person’s reliance on information or other content Posted on the Service or transmitted to Members.

QuieroLatino reserves the right but is not obligated to monitor the Website and any materials Posted on the Website, including but not limited to the public portions of the Website. We reserve the right at any time to remove any material in our sole discretion that violates or allegedly violates the law or this Agreement. You remain solely responsible for any material, information pictures or other content that you Post or that is Posted on your profile and in your e-mail messages.

QuieroLatino grants no warranties of any kind in providing this Service. We do not warrant that your use of the Service will be secure, error0free, uninterrupted, always available or that defects will be immediately corrected. We assume no responsibility for connectivity and availability, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.

We cannot guarantee that each Member or user is at least the required minimum age. We do not accept responsibility or liability for any use or access of the Service by persons under the age of 18 in violation of this Agreement. It is possible that other Members or users may Post or transmit unsolicited, offensive or obscene materials through the Service. It is also possible that others obtain your personal information due to your use of the Service and use such information for purposes other than what you intended when you registered for the Service. Please carefully select the quantity and type of information that you Post on the Website, in your profile, and on any other portion of the Service or that you transmit to others.

16. Jurisdiction and Choice of Law

You agree that this Agreement and any disputes that may arise out of the Website or Service is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of California, City of San Francisco.

17. Waiver and Severability of Terms

We reserve the right to enforce or not enforce any right or provision of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.

You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.