Terms & Conditions

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Taco Journalism LLC (“Taco Journalism”) owns and operates digital products including: www.TacoJournalism.com and other websites; newsletters and other content we deliver via email; social media pages (collectively, the “Sites”).

Your use of the Sites and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below; to our Online Privacy Policy; and to all applicable laws and regulations. In addition, Taco Journalism reserves the right to terminate access to the Sites for any reason, and to take any other actions that Taco Journalism, in its sole discretion, believes to be in the interest of the company and some or all of its users and customers. Taco Journalism reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

This is a binding contract between Taco Journalism and you. By accessing the Sites, you hereby accept this agreement.  As a material condition of such use, you warrant that you are over the age of thirteen and that you have provided accurate and complete information in any communication with Taco Journalism.

Please note that our Sites are under constant development. This Agreement may therefore be modified and updated on an ongoing basis. Please check back to this page regularly.

Account Credentials and Security

Use of some of our services, including registration for an account and/or subscription for www.TacoJournalism.com, requires the creation of an online account log-in and password (the “Credentials”).  You are responsible for maintaining the confidentiality of your Credentials, and you are solely responsible for all activities that occur during use of your account. You agree to immediately change your password and notify us at [email protected] if you suspect or become aware of any unauthorized use of your Credentials or any other breach of security related to the Services. We reserve the right to require you to alter your Credentials if we believe that they are no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your Credentials.

Intellectual Property

Taco Journalism and the Sites, and all other text and images contained on the Sites and in Taco Journalism’s products are protected by United States trademark and copyright law and other applicable law and are the property of Taco Journalism, except as otherwise identified. All copyrights and trademarks not the property of Taco Journalism that are used or referred to in the Sites and Taco Journalism’s products are the property of their respective owners. Nothing contained in the Sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Taco Journalism or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Sites or other products may violate the law.  If you are a copyright owner and believe infringing material is present on any of the Sites, please refer to the procedures outlined below in the section titled “Taco Journalism Sites DMCA Copyright Infringement Claim Policy.”

Taco Journalism’s products, including third party and licensed materials on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from Taco Journalism.

User Submission Policy

Some of the Sites may allow users to upload, submit, and/or post images, text, video, profile information, comments, letters to the editor, e-mails, or other data and information (“User Submissions”). By uploading, creating, or submitting User Submissions to or on the Sites, or to Taco Journalism through any other means:

  • You affirm, represent and warrant that you own the right to utilize, to license and to sublicense the User Submissions;
  • You grant to Taco Journalism, and anyone authorized by Taco Journalism, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the User Submissions in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Sites and/or services provided;
  • You grant to each user of the Sites a non-exclusive license to access the User Submissions through the Sites and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Sites and under this Agreement; and
  • You acknowledge and agree that Taco Journalism may elect, without notice, to distribute or make available the User Submissions via RSS or other automated or programmatic means.
  • You acknowledge and agree that User Submissions may be permanently maintained on Taco Journalism’s servers.
  • You acknowledge that Taco Journalism is not responsible for, and cannot prevent, the publication or use of your User Submissions by any third parties who copied your User Submissions during the time in which it was displayed on the Sites.

For any User Submissions you post that you do not own, you guarantee to us that you have the legal right to post such User Submissions and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST USER SUBMISSIONS ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE USER SUBMISSIONS, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO USER SUBMISSIONS.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:

  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Post or transmit any User Submission that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including a Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
  • Disseminate or transmit any User Submission that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
  • Make any User Submission related to partisan political campaigning or fundraising.
  • Express or imply that any statements you make are endorsed by us;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Sites or the contents (except as expressly permitted by Taco Journalism);
  • Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
  • ”Frame” or “mirror” any part of the Sites; or
  • Engage in any other activity deemed by Taco Journalism to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Sites, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Taco Journalism. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. Taco Journalism has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Employment Opportunities

Taco Journalism may post employment opportunities on the Sites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Taco Journalism in response to employment listings, you are authorizing Taco Journalism and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. Taco Journalism also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Agreement or contained in the Sites shall constitute a promise by Taco Journalism to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Sites constitute a promise that Taco Journalism will review any or all of the information submitted to it by users.

Indemnification

You agree to indemnify, defend and hold Taco Journalism, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of these Terms & Conditions; (b) any allegation that any User Submissions infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against Taco Journalism based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or Taco Journalism does prevail, you will reimburse Taco Journalism for any costs and attorneys fees associated with their defense of the action.

The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the District of Columbia. Use of the Sites is unauthorized in any jurisdiction that does not affect all provisions of these Terms & Conditions, including without limitation this paragraph.

Severability

If any provision or portion of these Terms & Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

July 2020
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