TERMS OF USE
OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Gringo Media website located at www.gringomedia.com.au, BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREES, DO NOT USE THE SITE.

gringomedia.com.au

Gringo Media

Register for FREE Access: some parts of the website will be free while other parts will require subscribing. We will have a free program overview; we will have a photo gallery and daily hot topics about Latin Life in Brisbane, Gold Coast and Sunshine Coast. We will have a chat room on our website, where people can share their tips, question, ideas, and opinions.

Subscriber Access: It costs $10 a month to access the full content on our website. Our subscribers can see Gringo Magazine online and are able to download it and watch the full Gringo TV program. Subscribers can join our promotions and events, and also receive promotional gifts from our partners, sponsors and the Gringo Network. Our website includes ads and info for accommodation, a space for uploading photos and details for rooms or houses to rent as well as job lists and other opportunities. Our website is modelled to have hundreds of people access it on a daily basis.

Advertisement:

Advertising and content: All advertisement in Gringo Media and Gringo TV are the responsibility of advertisers. The Portal Gringo Media and TV are NOT responsible for statements made or FAILURE of any product or service to give satisfaction. The publication of any material or editorial does NOT necessarily constitute an endorsement of views or opinions expressed, as it's the writer’s responsibility. While every effort is made to avoid errors, some information contained in the publication may be inaccurate.

Registration, Username, Password, Security

Registration: In accessing this website or certain of the resources on the website, you may be asked to provide registration details, including but not limited to, a valid e-mail address, date of birth and your full name. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If Gringo Media believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.

Your User Identity: Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. In order to access the Subscription Products, you will be asked to provide your username and password.

Username, Passwords, and Password Access: : You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.

Security Breaches and Revision: If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by email at support@gringomedia.com.au You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

Although Gringo Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Gringo Media or others due to such unauthorized use.

Refunds

In order to provide the highest customer satisfaction possible, we will not refund the purchase price paid for any Subscription for the full access and product.

Account Termination Policy

Gringo Media will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be in violation of the Terms of Use, at any time, without prior notice and in its sole discretion.

1. Terms

Your access to and use of the Online Portal are conditional upon Your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in these Terms and Conditions and anywhere else in the Websites ('the Terms'). By accessing and/or using the Websites You indicate your acceptance of the Terms. Gringo reserves the right to change the Terms at any time, without notify and your continued access/use of the Websites after such change constitutes acceptance of the changes by You. You should check the Terms from time to time for that reason.

Gringo Magazine website reserves the right to change, alter or discontinue any aspect of the Websites without notice.

2. Disclaimer

Except where expressly stated, Gringo makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided 'as is' without express or implied warranty of any kind.

The exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void ("Non-excludable Condition"), Gringo excludes all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site.

If Gringo is liable to You arising from a breach of any Non-excludable Condition (other than one implied by the Australian Consumer Law 2010), Gringo limits its liability to You for that breach, at Gringo's option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. Other than liability for any Non-excludable Condition, GRINGO excludes all liability for any damages whatsoever including without limitation any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of the Web Site or the use or performance of information contained in it.

Neither GRINGO nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.

There may be occasions where certain areas of the Web Site contain adult or mature content. In those circumstances, you must be at least 18 years of age to access and view such areas. By clicking "I Accept" (or providing other appropriate form of acknowledgement as required) where indicated before entering certain parts of the Web Site You certify that You are 18 years of age or older.

By using the Websites, you may be exposed to material that you find offensive, objectionable and harmful. By using the Websites, you assume all associated risks.

3. Indemnity

Gringo accepts no responsibility for Your actions or omissions, and You agree by accessing and/or using the Websites, to indemnify and hold harmless Gringo and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against Gringo by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by Gringo as a direct or indirect consequence thereof, including in relation to any content or material you contribute to the Websites (eg through blogs, chat rooms, Eyewitness or forums).

You agree that Gringo may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in relation to the Websites, including providing any and all information held by Gringo, including your personal or other details, to those authorities and law enforcement agencies.

4. Intellectual Property Rights

All content and functionality, including all information, text, images (moving and still), graphics, sound, stories, competitions, software and advertisements contained in the Websites ("material") are protected by International and Australian law, including Copyright and Trademark Law, and all rights are reserved. Except where expressly stated all material on the Websites are presented for Your information and entertainment only, and You are not permitted to download or reproduce any material except when reasonably necessary to access and/or use the Websites. When you access the Websites, You agree that you do so on the following conditions:

4.1 Except as noted above, you may access, use, retrieve, review or download the material for Your personal information and entertainment only.

4.2 You may save a local copy of or print material from the Websites for Your own personal information or entertainment, and to inform others about it, but You may not charge any fee for any use and all commercial use or exploitation of any material on the Websites are expressly prohibited.

4.3 Any copyright notice or mark appearing on any material on the Websites must be included on any copy You make.

4.4 You must keep all material intact and in the same form as presented on the Websites; You may not modify it without the express permission of GRINGO.

4.5 You must not reproduce, communicate, republish or otherwise make available any material from the Websites on the Internet or any means including by other publicly accessible media (eg, newspaper, television or radio) without the specific written consent of GRINGO.

4.6 You must not use the Websites or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of Gringo or any other owner of any rights in the material contained in the Websites.

These Terms replace entirely any implied licence terms that might otherwise apply to the material on the Websites. Gringo Media website explicitly prohibits use of the material on the Websites in any manner other than as expressly licensed in these Terms. Notwithstanding the above, educational institutions may download audio or audio-visual program material solely for their educational purposes under the terms of Part VA of the Copyright Act, 1968. For more information educational institutions should contact Screenrights (licensing@screenrights.org). Activities you must not engage in include:

4.7 Making a copy, modification, adaptation or reselling or redistributing any material on the Websites;

4.8 Any commercial use of material on the Websites, unless such use is authorised in writing by GRINGO;

4.9 Any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Websites;

4.10 Any use of or access to the Websites by any automatic tool, including "spiders", "crawlers", "robots" or offline browsing tools; or

4.11 Any access or use of the Websites by any means that is contrary to the commercial interests of GRINGO (eg, to facilitate a means of encouraging users of the Websites to use another website offering services similar to those on the Websites).

5. Trademark

Trademarks are registered trademarks of Gringo Media, Gringo Magazine and Gringo TV and may not be used without the prior specific and written permission of Gringo. No other trademark appearing in the Websites may be used without the prior specific and written permission of the trademark owner.

6. Registration

6.1 You agree to provide true and accurate information about yourself as prompted by the registration form ('Registration Information') and promptly update any such Registration Information. You may only register once and You must not register, or attempt to register, more than once or attempt to achieve registration of more than one membership for Yourself (eg by applying for multiple registrations or memberships by using different email addresses, different mailing addresses or variations on first or last name for the same person). When you register, you must provide your real name and any other such details as requested on the registration form.

We may send use the information you provide at registration to let you know about programs and other things we think may be of interest to you. If we use this information for direct marketing purposes, we will give you the opportunity to opt out of receiving any further marketing material.

If you provide any information that is untrue, inaccurate or inappropriate or Gringo has reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate or that You have registered, or attempted to register, more than once, Gringo has the right to suspend, terminate, lock or delete Your membership registration. Gringo accepts that you may make a mistake when registering information about you, and that you will need to correct such mistakes. However, Gringo may suspend, lock, terminate and/or delete your membership if certain details about you (eg your age) are changed on more than one occasion.

6.2 These Terms will be supplemented by any specific terms and conditions for individual competitions or promotions that you may enter on the Websites.

6.3 You are responsible for maintaining the confidentiality of your password. You agree to immediately notify Gringo of any unauthorised use of your password or any other breach of security.

6.4 Gringo may refuse your registration request for any reason, including if You attempt to associate the same email address with more than one membership (irrespective of whether an existing membership is inactive or has been deleted, locked or suspended) or if Gringo has reasonable grounds to suspect that You have registered, or attempted to register, more than once.

7. Comments box and other interactive facilities

In relation to your use of or participation in any interactive facility associated with the Websites (eg blogs, chat rooms, Eyewitness and forums) you agree to the following:

7.1 You are legally responsible for all material and content you submit to the Websites.

7.2 All content and material published on the Websites is at Gringo's sole discretion. Gringo reserves the right to refuse access to any person or edit or delete material posted by any person for any reason without notice.

7.3 Gringo may in its absolute discretion remove, alter or block any material submitted to the Websites by You, and Gringo may terminate, suspend or restrict your access or use of part or all of the Websites.

7.4 Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years.

7.5 You will not:

(a) Post or submit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so.

(b) Post or submit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, confidence, performance, moral or copyright unless You have first obtained the express permission of the relevant right holder.

(c) Post or submit any material that is false or misleading.

(d) Post or submit any material that is inappropriate or of nuisance value.

(e) Post or submit any material that provides instruction on illegal activity or discuss illegal activities with the intent to commit them.

(f) Knowingly post or submit or permit the posting or transmission of any material, which contains a computer virus.

(g) Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material), except for legitimate e-commerce functions to be performed by registered users.

(h) Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Websites or posted or transmitted on any interactive facility.

(i) Download or post any material, which you know or ought to know, cannot be legally distributed.

(j) Post or submit any material on behalf of a suspended member or use an account that is not yours. If this occurs, Gringo reserves the right to lock, suspend or terminate your membership.

7.6 Notwithstanding its right to supervise or actual supervision of interactivity, Gringo has no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility or liability for any contents therein including, but not limited to, responsibility for any defamatory material or for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Websites.

7.7 You warrant that You are the owner of, or are licensed to use, all intellectual property rights in, and that no third party intellectual property rights will be infringed by, any material placed by You on the Websites.

7.8 You grant to Gringo a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, edit, publish and/or broadcast, communicate, publicly perform and display any material and/or any part of any material submitted by You to the Websites in any manner and in any medium or forum. Your grant of licence to Gringo will be by reference to the material submitted by you to the Websites.

7.9 You consent to Gringo doing all things to any material You place on or submit to the Websites, including reproducing, transmitting, publishing, modifying or altering such material, and without attribution of authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material.

7.10 At the request and expense of Gringo you agree to do all things necessary or desirable, including executing other documents, to give effect to these Terms, eg signing all documents in relation to intellectual property rights and moral rights.

7.11 You consent to your personal information being used and/or disclosed for any reasons given to you by Gringo in relation to the collection or use and disclosure of your personal information. For example, you consent to Gringo using and disclosing your personal information for the purposes of sending marketing or other promotional material to you. Notices that may be sent to you include emails that confirm your registration with the Websites, as well as any other notice related to Gringo's operation of the Websites. Further,

8. Dealings with Third Parties

Any dealings between you and third parties through the Websites, such as participation in promotions of advertisers and its terms, conditions, warranties or representations, are solely between you and such third party and you agree that Gringo is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as the result of the presence of the third parties on the Websites.

9. Termination

You agree that Gringo may in its absolute discretion terminate or suspend Your password or registration, remove, alter, block or suspend any content on, or that You submit to, the Websites, for any reason with or without notice. Gringo will not be liable to You or any third party for any such action, including termination of Your registration.

10. Notices

Notices to You may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Websites.

11. Comments and Complaints

Gringo has a variety of complaint handling mechanisms. You can contact us at info@gringomagazinecom.au and details about how to lodge a complaint can be found at Contact Us

12. Governing Law

The Terms constitute the entire agreement between you and Gringo website and will be governed by the Laws of Queensland, Australia. If any provision of the Terms is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.

13. Privacy Policy

This page last updated: June 2014

For further information about the Terms Contact Us