The Mariachi Channel: Mariachi Radio

In using this website you are deemed to have read and agreed to the following terms and conditions:

This constitutes the Terms of Use Agreement (“Terms of Use") and is legally binding terms and conditions and applies to your use of www.themariachichannel.com (the “Site”), whether you are accessing the Site by any electronic media device (“Device”) including but not limited to a personal computer, a wireless or mobile device or any other technology or device now known or hereafter developed or discovered. The Site is made accessible by TANGO Multimedia Productions, LLC and its affiliates (“TANGO", “we”, “our” or “us") and these Terms of Use apply to all users of TANGO Multimedia Productions, LLC, including users who are also contributors of Content on the Site. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site including websites, web pages within the Site, equivalent, mirror, replacement, substitute or backup websites, web pages that are associated with the Site and all products, applications, features, functionality and services offered by TANGO Multimedia Productions, LLC on the Site, including, without limitation, viral features and related technology including embeddable media players. The Site may contain links to third party websites that are not owned or controlled by TANGO Multimedia Productions, LLC. TANGO Multimedia Productions, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TANGO Multimedia Productions, LLC will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve TANGO Multimedia Productions, LLC from any and all liability arising from your use of any third-party website.

By using this Site, or simply browsing the Site you understand, acknowledge and agree that you shall comply with the terms and conditions of these Terms of Use.

1. Capacity To Accept Terms of Use Agreement

As a condition of your use of this Site, you affirm and acknowledge you are either more than 18 years of age or an emancipated minor, or possess legal or parental or guardian consent and reside in the United States of America its territories and possessions (“U.S.”), you are fully able and competent to enter into the terms and conditions of the Terms of Use and abide by and comply with the Terms of Use. In any event, no one under 13 years of age may use this Site or Content of the Site. You affirm and acknowledge that all registration information submit true, accurate and complete. You further agreed that you will provide TANGO Multimedia Productions, LLC will any changes to that information. In the event the information provided by you is false, inaccurate, and not current TANGO Multimedia Productions, LLC shall have the right to suspend or terminate your use of this Site.

2. Changes to the Terms of Use Agreement

TANGO Multimedia Productions, LLC may change, revise, amend, or modify the Terms of Use at any time without giving notice to you, for any reason, in TANGO Multimedia Productions, LLC’s sole discretion, and each such change, revision, amendment, or modification shall be effective upon TANGO Multimedia Productions, LLC posting on the Site.

3. Term.

These Terms of Use, and any posted change, revision, amendment or modification to the Terms of Use shall remain in full force and effect during your use or registration for the Site. Termination of use and/or of registration of the Site by you is may accomplished at anytime, for any reason. TANGO Multimedia Productions, LLC may terminate your access to the Site and terminate your registration to the Site, may be at any time, for any reason, without prior notice and without obligation or liability to you and/or any third party.

4. Fees

There is no charge fee to all users of the Site. TANGO Multimedia Productions, LLC reserves the right to charge for any portion of the Site, in TANGO Multimedia Productions, LLC’s sole discretion. In the event your access, use of or registration to the Site is terminated by TANGO Multimedia Productions, LLC for a breach of the Terms of Use., Changes, Revisions, Amendments or Modifications, by you TANGO Multimedia Productions, LLC is entitled to all fees, payments or other consideration paid by you.

5. Conduct by User

You shall be solely responsible for your own conduct, any unlawful or harmful conduct or activities by you are prohibited. You affirm, represent and warrant while accessing and using the Site you shall not be doing the following:

a. Intentionally or unintentionally submit or publish any Content without the necessary licenses, rights, consents, and permissions to publish such Content you submit. You further license to TANGO Multimedia Productions, LLC all patent, trademark, trade names, trade secrets, copyright or other proprietary right to such Content for publication on the Site pursuant to the Terms of Use. You shall not infringe upon any intellectual property, proprietary, privacy, moral. Publicity or other rights belonging to any person or entity;

b. Engage in conduct that would violate any local, state, federal or international laws, regulations or treaty or give rise to civil liability;

c. Engage in conduct by submitting, publishing, posting, emailing, displaying, transmitting, in connection with the Site, any material or conduct that is unlawful, harmful, threatening, abusive, defamatory, derogatory, libelous, deceptive, fraudulent, invades the privacy or publicity rights of others, harasses persons, uses profane, obscene, vulgar or contains graphic or explicit images, descriptions or details of excessive violence or sexual acts including but not limited to sexual language of a violent or threatening nature aimed at another person or group of persons, or is patently offensive, promotes bigotry, racism, or harm to any group or individual;

d. Engage in conduct by submitting, posting emailing, transmitting in connection with the Site any material that violates any law, regulation, contractual obligation or fiduciary relationship whereby such information, proprietary or confidential information is disclosed in violation of such nondisclosure agreements or results in a security or privacy risk for any individual or entity;

e. Engage in conduct intentionally or unintentionally that affects TANGO Multimedia Productions, LLC’s, the Site’s goodwill or reputation resulting in any individual or entity form using the Site in connection with advertising, linking or providing services to the Site;

f. Engage in conduct by submitting, posting emailing, displaying or transmitting in connection with the Site any material that contains software which is designed to interrupt, destroy or limit the functionally of any software or hardware or telecommunications equipment, including but not limited to virus, worm, spyware, Trojan horse.

g. Engage in conduct that utilizes the Site for commercial or business purposes including but not limited to the sale of advertising, sponsorships, promotions marketing or offering goods or services whether or not for financial gain or compensation of any type or linking with any other web page or website;

h. Engage in conduct that interferes, changes, disrupts, alters, modifies or impairs with the use , operation, features, maintenance or function of the Site;

i. Engage in conduct which falsely represent you identify or indentify of a third person on this Site or otherwise misrepresent your affiliation with a person or entity or to an official of TANGO Multimedia Productions, LLC or falsely state or make misleading information or statements of fact;

j. Engage in conduct that forges headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Site;

k. Engage in conduct that gains or attempts to gain access to passwords of others or that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users of the Site including but not limited to, phishing, spidering, database scraping, screen scraping;

TANGO Multimedia Productions, LLC may investigate any suspected or alleged violation to the Terms of Use and cooperate with the law enforcement authorities and/or third parties in such investigation. You hereby waive and agree not to assert any claims against TANGO Multimedia Productions, LLC based upon any investigation by TANGO Multimedia Productions, LLC or law enforcement authorities, or any action taken in connection with or as result of such investigation.

6. Proprietary Rights

You acknowledge and agree that all Content (other than User Postings) on the Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other propriety rights that belong to TANGO Multimedia Productions, LLC and their licensors. The term “Content” includes, without limitation, all video with the embodied sound recording and musical composition, lyrics, text, artwork, graphics, illustrations, photographs, logos, copy, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site. You may not copy, reproduce, sell, distribute, disseminate, transmit, broadcast, publicly display, publish, modify, adapt, edit or otherwise exploit any such Content for any purposes by an means or in any media, other than downloading for your personal , non-commercial use only, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content.; and/or expressly authorized by TANGO Multimedia Productions, LLC.

7. Digital Millennium Copyright Act.

A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TANGO Multimedia Productions, LLC’s designated Copyright Agent to receive notifications of claimed infringement is Michael Villalobos, 4100 Moorpark Ave, Suite 219, San Jose, CA 95117, email: [email protected]. For clarity only, DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to TANGO Multimedia Productions, LLC customer service through http://themariachichannel.com/contact You acknowledge that if you fail to comply with all the requirements of this Section 7, your DMCA notice may not be valid.

B. Counter Notice

If you believe that you Content that was removed or to which access was disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

a. Your physical or electronic signature;

b. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

c. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

d. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Jose, California and a statement that you will accept service of the process form the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, TANGO Multimedia Productions, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TANGO Multimedia Productions, LLC’s sole discretion.

8. Personal Information.

TANGO Multimedia Productions, LLC’s information collection and use policies in respect to the privacy of Personal Information are set forth in the Sites, Privacy Policy which is incorporated by reference for all purposes.

9. User Postings.

A. For any User Postings made by you, you hereby grant to TANGO Multimedia Productions, LLC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to use, copy, reproduce, display, exhibit, perform, transmit, broadcast, adapt, modify, distribute and promote such User Postings worldwide in any media now known or hereafter developed, by any means and for any purpose. You agree that you will be solely responsible for any User Postings made by you. You hereby represent and warrant that you own or otherwise control all of the rights in and to such User Postings and that no use of such User Postings by TANGO Multimedia Productions, LLC will infringe or violate any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law. TANGO Multimedia Productions, LLC reserves the right, at any time and in TANGO Multimedia Productions, LLC’s sole discretion, but have no obligation, to remove, delete, block, disable or deny access to any User Postings made by you that, in our sole judgment, violates these Terms of Use or any applicable law, or may expose or subject TANGO Multimedia Productions, LLC to liability of any kind, or may adversely affect the reputation or goodwill of TANGO Multimedia Productions, LLC.

B. You acknowledge that when you post or submit information about yourself to the public areas of our Site (e.g., social networking community, chat rooms, forums, etc.), your information may be seen and used by any other visitor to such public areas. It may also be possible for others to obtain personal information about you due to your use of the Site and that the recipient may use such information to harass or harm you. TANGO Multimedia Productions, LLC does not approve of such unauthorized uses, but by using the Site you acknowledge and agree that TANGO Multimedia Productions, LLC is not responsible for others' use or misuse of any personal information, data or material about you, your family or your friends that you post or allow others to post on our Site.

C. You acknowledge that by utilizing the Site, you may be exposed to User Posting that you find to be offensive, indecent, or objectionable or that are erroneous, inaccurate or misleading, and you bear all risks associated with your use or reliance upon such User Postings. TANGO Multimedia Productions, LLC has the right, but not the obligation to (i) deny access to any User who violates the Terms of Use or any applicable law and/or (ii) remove any User Posting that in TANGO Multimedia Productions, LLC’s sole judgment violates the Terms of Use or any applicable law or is otherwise objectionable, or may expose or subject TANGO Multimedia Productions, LLC to liability of any kind or may adversely affect the reputation or goodwill of TANGO Multimedia Productions, LLC. Under no circumstances will TANGO Multimedia Productions, LLC bear any risk associated with your use of or reliance upon any User Posting, TANGO Multimedia Productions, LLC is not responsible for any errors or omissions associated with any User Postings or for any loss or damage of any kind arising as a result of your use or reliance upon any User Postings.

D. TANGO Multimedia Productions, LLC does not accept or consider ideas, suggestions or materials submitted by Users other than those specifically requested or solicited by TANGO Multimedia Productions, LLC. This is to avoid the possibility of disputes between you and TANGO Multimedia Productions, LLC when projects independently developed by or for TANGO Multimedia Productions, LLC might seem similar to your ideas, suggestions or materials. If you do send TANGO Multimedia Productions, LLC or post or transmit on or through the Site, any unsolicited ideas, suggestions or materials, you agree that such ideas, suggestions or materials, upon submission, shall become the property of TANGO Multimedia Productions, LLC and that TANGO Multimedia Productions, LLC shall be free to use, disclose, publish, distribute and otherwise exploit such ideas, suggestions or materials, without restriction, limitation or obligation of any kind whatsoever, in perpetuity and throughout the universe, and for any purpose whatsoever, commercial or otherwise, all without compensation, credit or attribution to you. Even if you subsequently see or learn of a presentation, sound recording, composition, demo, idea, script, drawing, motion picture, photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Posting you or anyone else submits, that is purely coincidental and unavoidable.

E. TANGO Multimedia Productions, LLC may from time to time request or solicit User Postings from Users, e.g., video submissions as part of a promotion on the Site. You agree that by posting or submitting such solicited User Postings (each, a "Submission") or engaging in any form of discussion, dialogue or other communication (each, a "Communication") with TANGO Multimedia Productions, LLC in connection therewith, you hereby grant TANGO Multimedia Productions, LLC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to: (i) use, copy, sublicense, display, perform, adapt, modify, publish, distribute, advertise, promote, transmit, create derivative works based upon, and otherwise exploit, commercially or otherwise, any such Submission or Communication; and (ii) sublicense to third-parties the unrestricted right to exercise any of the above rights.

F. You understand and agree that TANGO Multimedia Productions, LLC is under no obligation to you of any kind with regard to any Submission or Communication posted or uploaded by you now or in the future. TANGO Multimedia Productions, LLC reserves the right, at any time and in TANGO Multimedia Productions, LLC’s sole discretion, but has no obligation, to remove, block, deny access to, or refuse to post any Submission or Communication that, in TANGO Multimedia Productions, LLC’s sole judgment, violates these Terms of Use or any applicable law, or may expose or subject TANGO Multimedia Productions, LLC to liability of any kind, or may adversely affect the reputation or goodwill of TANGO Multimedia Productions, LLC. TANGO Multimedia Productions, LLC also reserves the right, at any time and in TANGO Multimedia Productions, LLC’s sole discretion, to use and disclose any Submission or Communication as may be necessary to comply with any law, regulation, governmental request, or court order.

11. Advertisements.

You may elect to interact or communicate or purchase goods and services from third party, advertisers, sponsors or TANGO Multimedia Productions, LLC’s promotional partners (the Advertisers”) from the Site or by a hyperlinked site. TANGO Multimedia Productions, LLC is not responsible or liable to you in any way in reference to you activities or transaction with the Advertisers including but not limited to any warranties, representations, contracts, covenants or any other terms and conditions between you and the Advertisers.

12. Orders for Products.

TANGO Multimedia Productions, LLC may make products available to Users of the Site, including but not limited to certain music-related products and/or licenses through the Site, conditioned upon you agreeing and representing that you (a) you are 18 years of age or older and a resident of the U.S. and (b) you shall pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases you make via credit, debit or charge card or other payment means acceptable to TANGO Multimedia Productions, LLC. In the event, payment is not received by TANGO Multimedia Productions, LLC from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by TANGO Multimedia Productions, LLC.

13. Hyperlinks To Third Party Web Sites.

The content of other websites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by TANGO Multimedia Productions, LLC. TANGO Multimedia Productions, LLC is not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods that may be linked to or advertised on this Site. TANGO Multimedia Productions, LLC provides these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by TANGO Multimedia Productions, LLC, you link to any such website entirely at your own risk. In the event any third party website you interact with obtains or secures Personal Information from you, in no event shall TANGO Multimedia Productions, LLC assume or have any responsibility or liability.

14. Assignment.

These Terms of Use, and any rights, licenses and privileges granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by TANGO Multimedia Productions, LLC without restriction and without notice to you.

15. Indemnity.

You agree to defend, indemnify and hold TANGO Multimedia Productions, LLC, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Site, (b) your breach or violation these Terms of Use or (c) your User Postings. TANGO Multimedia Productions, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TANGO Multimedia Productions, LLC’s defense of such Claim.

16. DISCLAIMER AND LIMITATIONS OF LIABILITY.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TANGO Multimedia Productions, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. TANGO Multimedia Productions, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TANGO Multimedia Productions, LLC, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE SITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. TANGO Multimedia Productions, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TANGO Multimedia Productions, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TANGO Multimedia Productions, LLC, ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

17. Governing Law; Miscellaneous.

These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which TANGO Multimedia Productions, LLC refers to and are hereby incorporated by reference, contain the entire understanding and agreement between you and TANGO Multimedia Productions, LLC concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen..

You expressly acknowledge and agree that: (i) TANGO Multimedia Productions, LLC’s Site shall be deemed solely based in the State of California (ii) the Terms of Use shall be governed by and construed in accordance with the laws of the State of California,, without regard to its conflict of laws principles; and (iii) any dispute arising between you and TANGO Multimedia Productions, LLC concerning the Site or any Content (including any User Posting), or concerning the Terms of Use, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the County of Santa Clara, State of California. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Last updated March 31st, 2014

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