Gringo Nightmare
"This story should be issued with every passport." —Bill Kurtis, Investigative Journalist, A&E Network
Terms of Use
I. Introduction
This Website (the "Site") is an [interactive] on-line service operated by Zion Media Group LLC ("Zion" or the "Site Operator"). The terms of use set forth herein, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service, use or feature (collectively "Terms of Use"), as well as the Privacy Policy, set forth the terms and conditions that apply to your use access and use of the Site. By using the Site, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.
II. Changes to Terms of Use; Site.
The Site Operator may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your access to or use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. In addition, the Site Operator or its affiliates may change or discontinue any aspect, service, use or feature of the Site at any time, including, but not limited to, content, hours of availability, and the rules of access.
III. Registration.
You may be given the opportunity to register via an online registration form to create a user account (your "Account") that may allow you to receive information from the Site and/or to participate in certain features on the Site such as certain interactive areas. The Site Operator will use the information you provide in accordance with the Privacy Policy. By registering with the Site, you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that the Site Operator may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use.
IV. Community Guidelines & User Content.
(a) Interactive Areas. The Site may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas") in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on the Site, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and Zion.
(b) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct:
- You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
- You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
- You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to upload, post or otherwise transmit, without the Site Operator's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
- You agree not to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
- You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about users of the Site or posting private information about any third party;
- You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
- You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site;
- You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by the Site Operator, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site;
- You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site;
Any conduct that, in sole discretion of the Site Operator, restricts or inhibits anyone else from using or enjoying the Site will not be permitted. The Site Operator reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. Neither the Site Operator or its affiliates is responsible for User Content submitted to the Site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of the Site.
(c) Monitoring. The Site Operator shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by the Site Operator and to satisfy any law, regulation or authorized government request. Although the Site Operator has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, the Site Operator reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(d) License to User Content. By submitting User Content to the Site, you automatically grant Zion and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant Zion and its affiliates the right to pursue at law any person or entity that violates your or Zion's (or Zion's affiliates') rights in the User Content by a breach of these Terms of Use.
(e) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (i) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Zion or its licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (iv) you forever release Zion and its affiliates, and their respective licensees, successors and assigns, from any claims that you could otherwise assert against the Site, Zion or its affiliates by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
(f) User Content. Content submitted by you will be considered non-confidential and the site Operator is under no obligation to treat such User Content as proprietary information except pursuant to the Privacy Policy. Without limiting the foregoing, the Site Operator reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. The Site Operator is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to the Site, the Site Operator or its affiliates. The Site Operator shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
V. Copyright Ownership.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Except where otherwise indicated on the Site, Zion Media Group owns the copyright to such content as well as in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Zion, as the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
VI. Third Party Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of the Site Operator or its affiliates. Neither the Site Operator nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. See Section VI below for the complete provisions governing limitation of liabilities and disclaimers of warranty.
In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with Zion Media Group or one or more of its affiliatea. Neither Zion Media Group nor its affiliates endorses or is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances shall Neither Zion Media Group or its affiliates be liable for any loss or damage caused by your use or reliance on information obtained through the Site. Neither Neither Zion Media Group nor its affiliates is responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
VII. Advertisements and Promotions.
The Site may, from time to time, run advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Site Operator, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Neither the Site Operator nor its affiliates is responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
VIII. Disclaimer of Warranty; Limitation of Liability.
(a) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ZION MEDIA GROUP NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(b) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
(c) NEITHER ZION MEDIA GROUP NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(d) IN NO EVENT WILL NEITHER ZION MEDIA GROUP NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.
(e) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ZION MEDIA GROUP OR ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER ZION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(f) Zion Media Group and its affiliates disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to Zion Media Group's disclaimer of any such liability. If you do not agree, you should not access or use the Site.
(g) The Site contains links to other sites on the Internet. These links are provided for the information and convenience of our users. The linked-to sites are not under the control of the Site Operator or its affiliates and none of them make any warranties, endorsements, recommendations, or representations whatsoever concerning the content or the privacy practices of such other sites.
IX. Indemnification.
You agree to defend, indemnify and hold harmless Zion Media Group, its affiliates and their respective members, managers, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by you or your Account.
X. Termination.
The Site Operator may terminate or suspend these Terms of Use at any time without notice to You. Without limiting the foregoing, the Site Operator shall have the right to immediately terminate your Account in the event of any conduct by you which the Site Operator, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms ofUse. The provisions of Sections I, II, III, IV, V, VI, VII, VIII, IX and X shall survive termination of these Terms of Use.
XI. Trademarks.
Zion Media Group, its members and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
XII. Miscellaneous.
These Terms of Use and any operating rules for the Site established from time to time by the Site Operator constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of Zion Media Group and affiliates and its third party content providers and licensors (if any) and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Use shall be construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
XIII. Copyrights.
The Site Operator and its affiliates respect the rights of all copyright holders and in this regard, the Site Operator has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site Operator the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
(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 copyright 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 us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, or any questions or requests other than copyright issues or licensing requests, please.: contact: Eric Volz at .(JavaScript must be enabled to view this email address)
Gringo Nightmare: Una historia escalofriante de cómo la presión política y un proceso judicial llevo a la condena de un inocente, y una poderosa historia de cómo la fe de un hombre en la verdad, junto con la presión popular de la gente alrededor del mundo que nunca había conocido a Eric Volz, el tiempo ayudó a poner fin a una injusta prisión.
—KC Johnson, author of Until Proven Iinnocent
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