Welcome to MiVoz and the MiVoz.com website. We track and publicize news and events of interest to the Latino community. We offer tools to help event organizers manage their events and to enable those who wish to attend such events to buy tickets and make reservations. As we evolve, we will modify and expand the services we provide.
- We refer to Crismari, LLC (which does business under the MiVoz name and owns and operates the Site) as “MiVoz” and as “we,” “us,” “our,” etc.;
- We refer to the MiVoz.com website as the “Site;”
- We refer to the information, photos, video, graphics, music, sounds and other material posted on the Site and in our E-Newsletters from time to time as the “Content” and we refer to the Content that is posted by event organizers (and that we may include in our E-Newsletters) as “Organizer Content;”
- We refer to the services we provide on the Site and through our E-Newsletters from time to time as the “Services;” we refer to the Services we provide to Event Organizers to help them manage their events as “Event Management Services;” we refer to the email services we provide to Event Organizers as “Email Tools;” and we refer to the Services we provide to Users who wish to purchase tickets from and/or make reservations with event organizers as the “Ticketing Services;”
- We refer to members of the public who visit the Site to review Content, to post events, to offer tickets and/or reservations, to buy tickets, to make reservations and/or otherwise to utilize the Services as well as members of the public who access our E-Newsletters as “Users” and as “you,” “your,” etc.
- We refer to the e-mails we provide to those of our Users who register to receive our e-mails as our “E-Newsletters.”
We have created and own some of the Content. Third parties have created and own some of the Content and have licensed us to utilize such Content on the Site. All Content is protected by copyright, trademark, registration and other intellectual property rights. Your use of any Content is subject to such rights. You are permitted access to the Content only to review the Content for your personal, noncommercial lawful purposes. Except that you may copy Content for your personal use and you may forward or “cut and paste” Content to your friends and family for their personal, noncommercial lawful purposes, you may not copy, sell, transfer, distribute, transmit, display, perform, reproduce, publish, license, or create any derivative work based on any Content.
If you provide feedback to us regarding the Services, including, for example, ideas about how we can improve the Site and/or Services, you grant us a worldwide, nonexclusive, royalty free, perpetual, irrevocable, fully paid, sublicensable and transferable license to use and practice your feedback. If we choose to change the Site and/or Services in light of your feedback, we will own our implementation of your feedback, and we will not be obligated to you in any way in connection with our use and implementation of your feedback.We do not endorse any Content. We are not responsible if you find the Content indecent or offensive. We cannot and do not review Content for accuracy, completeness, usefulness, legality, reliability or decency. Therefore, you must evaluate the Content, and you bear all risk that the Content may not be accurate, complete, useful, legal, reliable, or decent.
To receive our E-Newsletters and/or utilize the Event Management, you must create an Account. You may not use someone else’s Account without permission. When you create an Account, you must give us accurate and complete information. You may not create an Account using someone else’s name or contact information, or a false name or false contact information. You may not transfer your Account to a third party. To create an Account, you will be required to create a password. You are responsible for maintaining the confidentiality of your password. You are responsible for all activities that occur on your Account and for “checking out” of your Account after each session. We are not liable for any loss or damage that may be caused if someone else uses your Account without your permission. (If you find out that somebody is using your Account without your permission, you must let us now immediately.) We reserve the right to refuse access to Services and to cancel Accounts at any time for any reason.
Periodically, we disseminate E-Newsletters. To receive our E-Newsletters, you must create an Account. You may not register to receive our E-Newsletters unless you are at least 16 years old. To establish an Account to receive our E-Newsletter, you confirm that you are at least 16 years old.
You may not utilize our Event Management Services unless you are at least 18 years old. If you are 13 through 17 years old, you may only use the Event Management Services under the supervision of a parent or legal guardian who manages your use and/or account.
In order to utilize our Event Management Services with integrated online PayPal payment system, you must adhere to PayPal’s Acceptable Use Policy.
Refund Policies established by Organizers must adhere to the guidelines noted under the Refund Policy section (below).
If you utilize our Event Management Services, you will need to post event related Content on the Site. You are solely responsible for all Content you post, and the consequences of posting such Content. When posting Content, you may not:
- Submit Content that you do not have the right to submit;
- Forge headers or manipulate other identifiers in order to disguise the origin of your Content;
- Submit any Content that contains lies, falsehoods or misrepresentations or that could damage us or anyone else;
- Submit Content that is illegal, defamatory, libelous, abusive, embarrassing, threatening, harassing, bullying, hateful, or racially or ethnically offensive;
- Submit Content that is vulgar, obscene, pornographic, sexually explicit or otherwise offensive;
- Submit Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise be inappropriate;
- Transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
- Use meta tags or any other “hidden text,” or upload, launch, post, e-mail or transmit any material (including bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt the Site, the Services or anyone else’s computer systems or data;
- Use the Site to harm minors in any way, including posting Content that violates child pornography laws, child sexual exploitation laws or other laws protecting minors;
- Collect or gather any personal identifiable information, except as needed to issue tickets and/or accept reservations;
- Other than to sell tickets and/or accept reservations for the events you are posting on the Site, use the Site to solicit any User for any purpose.
Once you post Organizer Content on the Site, it will become available to the world. We are not responsible for keeping any of your Organizer Content confidential. If you do not wish your Organizer Content to be available worldwide, you should not post it on the Site. Note that your Organizer Content may remain publically accessible to third party search engines or elsewhere even if you later delete your Organizer Content from the Site.
Your use of Email Tools enables you to send email communications with Users of the Services. You agree that with your use of email Tools and services that you have the authority and right to send emails to your email recipients, and that the email addresses were collected in accordance with any applicable email marketing regulations. Use of Email Tools must also be used in accordance with any applicable local, state, provincial and national laws, including regulations pertaining to spam and email such as the U.S. CAN-SPAM Act. Email Tools are only allowed for use for events listed on the Services that you the Event Organizer are hosting. Not abiding by these terms will result in a suspension or restriction in your access to Email Tools and services.
We are not a content archiving service. We do not promise to store or make available any Content you submit for any period of time. You are solely responsible for keeping back-ups of everything you post on the Site.
Event Organizers are responsible for establishing their own refund policies for their events. Organizers must adhere to the guidelines below for their refund policies.
Event Organizer Refund Policies:
- Must be noted on specific event page.
- Must for a “No refund” policy, clearly state the refund policy as such and otherwise comply with these guidelines.
- Must be fair and reasonable.
- Must ensure timely communication response to any refund request as well as to any refund processed, if provided.
- Must not be altered for any ticket purchases or registrations made prior to the altered refund policy and when it is noted on the specific event page.
- Must allow reasonable measure to make good for failure to provide the advertised goods and services (e.g., event cancellation), including those with a “No refund” policy.
- Must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations.
Users must contact specific event Organizers regarding their refund policies for paid tickets and/or registrations.
WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, COST OR EXPENSE PER DISCLAIMER OF WARRANTIES.
If you utilize our Ticketing Services, you are responsible for evaluating the events for which you make reservations or buy tickets, including the appropriateness of such events for you and others for whom you make reservations or buy tickets, for providing accurate information when making your reservation or buying your ticket, for complying with all legal requirements when you attend the event in question, and for complying with all requirements and conditions imposed on those who attend such event by the event organizer in question.
If you utilize our Event Management Services, you are responsible for ensuring that the events you publicize are conducted and administered in compliance with all legal requirements, for ensuring that the information you provide with respect to such event is accurate, for honoring the reservations you accept or tickets you sell utilizing our Event Management Services, for selecting those who you decide to admit to your event and for ensuring the safety of your attendees.
When you use the Site or Services, you may not:
- Use the Site for any illegal purpose;
- Impersonate any third party or disguise your affiliation with another person, event, or entity;
- Interfere with or disrupt the operation of the Site or any servers or networks utilized in connection with the Site, or disobey any requirements, procedures, policies or regulations of networks connected with the Site;
- Decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human perceivable form, except and only to the extent that such activities are expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;
- Disable, interfere, or try to get around any of the features of the Services designed to provide security, preventing or restricting User copying of any Content, or enforcing limits on the use of Services or Content;
- Use any automatic means, including spiders, robots, crawlers, data mining tools or the like to scrape or search the Site or to download Content from the Site for any reason, including competitive or commercial purposes;
- Take events, venues or any other information from the Site and/or E-Newsletters and reformat them and display them, or mirror our results on a commercial website. If you want to make a commercial use of our Content, you must enter into a signed agreement with us to do so in advance. Please contact us at Admin@MiVoz.com for more information.
We respect the intellectual property rights of others. You may not use the Site or Services to infringe anyone else’s copyright or other intellectual property rights. If we discover that you are infringing intellectual property rights of others, we may remove your Organizer Content.
If you believe that any Content appearing on the Site is subject to your rights and is being used by a third person in violation of such rights, you should report the infringement to us in writing at Crismari, LLC, P.O. Box 11533, Milwaukee, WI 53211 Attn: Administrator. In your report, you should provide the information required by 17 USC§512(c)(3)(A). If we receive such a report containing the required information, we will remove or disable access to the Content in question and, if applicable, notify the User who posted that information on the Site. If we remove your Organizer Content under the preceding sentence, and if you believe such removal was a mistake, you may file a counter-report with us in writing at Crismari, LLC, P.O. Box 11533, Milwaukee, WI 53211 Attn: Administrator. In your counter-report you should provide the information required by 17 USC§512(g)(3). If any User (the “Respondent”) files a counter-report containing the required information, we will promptly provide the person who provided the initial report (the “Claimant”) with a copy of the counter-report. Within 10 to 14 days of receiving the counter-report, we will replace the removed or disabled Content unless we first receive notice from the Claimant that the Claimant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity related to the material in question.
We may at any time for any reason decide to terminate the Services or any portion of the Services. Temporary interruptions may occur with respect to the Services. Under no circumstances, will we, or any person providing services to us so that we can provide the Services, be liable to any User for any damages or loss resulting from any such termination or interruption.
LINKS TO OTHER SITES
DISCLAIMER OF WARRANTIES
WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, USEFULNESS, LEGALITY, RELIABILITY AND DECENCY OF ALL CONTENT AND THE OPERABILITY OR AVAILABILITY OF ALL SERVICES. WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISSED DELIVERY, UNTIMELY DELIVERY OF OR INABILITY TO ACCESS OR RESTORE ANY INFORMATION OR MATERIAL. WE DISCLAIM ANY LIABILITY FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ORGANIZER CONTENT. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT OR MATERIAL THROUGH THE SERVICES (INCLUDING E-NEWSLETTERS), INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILARLY CONTAMINATING OR DESTRUCTIVE FEATURES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES (INCLUDING E-NEWSLETTERS) BY A USER IS DOWNLOADED OR OBTAINED AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO SUCH USER’S COMPUTER SYSTEMS AND/OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM: (i) ALL EXPRESS AND IMPLIED STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS; (ii) ALL WARRANTIES OF SECURITY AND RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; AND (iii) ALL WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON THE SITE OR PURCHASED THROUGH ANY LINKS PROVIDED ON THE SITE.
IF ANY USER USES OUR TICKETING SERVICES TO MAKE A RESERVATION OR PURCHASE A TICKET, IF SUCH USER, OR OTHERS FOR WHOM SUCH USER MAKES RESERVATIONS OR BUYS TICKETS, SUFFER ANY LOSS, DAMAGE COST OR EXPENSE BECAUSE OUR TICKETING SERVICES MALFUNCTION OR BECAUSE THE EVENT IN QUESTION DOES NOT TAKE PLACE AS PUBLICIZED, BECAUSE SUCH USER OR SUCH OTHERS ARE NOT ADMITTED OR ARE EJECTED FROM THE EVENT IN QUESTION, BECAUSE THE EVENT ORGANIZER IN QUESTION FAILS OR REFUSES TO PROVIDE ANY REFUND, BECAUSE THE EVENT IN QUESTION ULTIMATELY IS INAPPROPRIATE OR OTHERWISE OFFENSIVE TO SUCH USER OR SUCH OTHERS, OR BECAUSE OF ANY NEGLIGENCE, MISCONDUCT OR DISTURBANCE COMMITTED BY THE EVENT ORGANIZER IN QUESTION OR OTHER THIRD PARTIES IN CONNECTION WITH SUCH EVENT, WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY SUCH LOSS, DAMAGE, COST OR EXPENSE. SIMILIARLY, IF ANY EVENT ORGANIZER UTILIZES OUR EVENT MANAGEMENT SERVICES TO ACCEPT A RESERVATION OR SELL A TICKET TO AN EVENT, IF THE EVENT ORGANIZER IN QUESTION SUFFERS ANY LOSS, DAMAGE, COST OR EXPENSE BECAUSE OUR EVENT MANAGEMENT SERVICES MALFUNCTION OR BECAUSE THE PERSON MAKING SUCH RESERVATION OR PURCHASING SUCH TICKET PROVIDES FALSE INFORMATION, DOES NOT ATTEND OR PARTICIPATE IN THE EVENT IN QUESTION, OR MISBEHAVES OR OTHERWISE DISTURBS THE EVENT IN QUESTION, WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY SUCH LOSS, DAMAGE, COST OR EXPENSE.
IF ANY USER PURCHASES GOODS OR SERVICES ADVERTISED ON THE SITE OR AFTER CLICKING ON A LINK TO LEAVE THE SITE AND ENTER A NEW SITE, WE DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH PRODUCTS AND SERVICES. IF ANY USER OF OUR SERVICES SUFFERS ANY LOSS, DAMAGE, COST OR EXPENSE AS A RESULT OF PURCHASING ANY PRODUCTS OR SERVICES ADVERTISED ON OUR SITE OR SOLD THROUGH A SITE THAT SUCH USER VISITS AFTER CLICKING A LINK ON THE SITE, WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY SUCH LOSS, DAMAGE, COST OR EXPENSE.
LIMITATION OF LIABILITY
WE WILL NOT, IN ANY CASE, BE LIABLE TO ANY USER: (i) FOR ANY LOSS CAUSED BY AN ACT OF GOD OR OTHER MATTERS BEYOND OUR REASONABLE CONTROL; (ii) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES); (iii) FOR THE COST OF PROCURING SUBSTITUTE SERVICES; OR (iv) FOR LOSSES SUFFERED BY ANY USER IN EXCESS OF $100. SUCH LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES PROVIDED, AS SO LIMITED, FAIL AS TO THEIR ESSENTIAL PURPOSE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION ON CLAIMS
IF YOU HAVE ANY CLAIM AGAINST US FOR ANY LOSS ARISING FROM YOUR USE OF THE SITE OR SERVICES, YOU MUST MAKE YOUR CLAIM AS PERMITTED HEREUNDER WITHIN ONE YEAR OF THE DATE OF THE USE THAT RESULTED IN YOUR LOSS. YOU WAIVE ANY CLAIM WITH RESPECT TO ANY SUCH LOSS IF YOU FAIL TO MAKE YOUR CLAIM WITH RESPECT TO SUCH LOSS WITHIN SUCH ONE YEAR PERIOD.
IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE US (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS AND EMPLOYEES) FROM AND AGAINST ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
The trademarks, servicemarks and logos of MiVoz used and displayed in connection with the Site and Services are registered and unregistered trademarks and servicemarks of Crismari, LLC (the “MiVoz Marks”.) Trademarks, servicemarks and/or tradenames owned by third parties, (“Third Party Marks”) may also be used in connection with the Site and Services. You are not granted any right, by implication, estoppel or otherwise, to use any of the MiVoz Marks and/or Third Party Marks without prior written consent for each such use. Neither the MiVoz Marks nor the Third Party Marks may be used to disparage us, the Site and/or Services, or any third party or the products or services of any third party, or in a manner that may damage any goodwill in the MiVoz Marks or Third Party Marks.