Use of Somos Productions’ Website
By using somosproductions.com, you agree that:
Title and intellectual property rights to this website and content on this website are owned by Somos Productions, LLC, its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of Somos Productions, LLC and/or the somosproductions.com name may not be used or copied in any manner without the express prior written consent of Somos Productions or except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on this website are the property of their respective owners. Except as specifically provided herein, the copying, redistribution, reselling, or publication of any part of this website without express prior written consent from Somos Productions or other owner of such material is prohibited. In particular, except as specifically provided herein, Somos Productions prohibits the use, copying, distribution, transmission, display, performance, or exploitation in any form or manner of any and all content on this website (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs, and software) without Somos Productions’ express prior written consent. Further, the computer code that Somos Productions creates to generate its website pages is protected by copyright and any copying or adapting of such code is strictly prohibited. Somos Productions hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable, and non-transferable limited license to use and display, for your noncommercial and personal use only, one copy of any content that you are authorized to download from this website, including, without limitation, any files, codes, audio, or images incorporated in or generated by software on this website, provided that you maintain all copyright and other notices contained in such material.
To access certain areas or features of this website, you may be asked to register and to provide Somos Productions with certain information about yourself. Should you choose to register on this website, you hereby represent, warrant, and covenant that: (i) you have the power and authority to enter into this Agreement; and (ii) you are at least eighteen (18) years old. For information about our privacy practices, click here. You are responsible for providing Somos Productions with true, accurate, and updated information about yourself. If you provide any information that is untrue or inaccurate, or which Somos Productions reasonably believes is untrue or inaccurate, Somos Productions reserves the right to suspend or terminate your use of this website.
You shall not use a username or password that Somos Productions, in its sole discretion, deems offensive or inappropriate. Somos Productions reserves the right to deny creation of your account based on Somos Productions’ inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately email us at Contact Us to notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your Somos Productions account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed this website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of this website. You may terminate your account at any time by contacting us at Contact Us. Notwithstanding anything else herein, Somos Productions reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account at any time and certify that you currently have no other account(s) with this website.
Somos Productions is pleased to hear from its users and welcomes your comments regarding this website. Somos Productions, however, does not consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Somos Productions’ staff seem to others to be similar to their own creative work. Accordingly, Somos Productions requests that your comments relate to those services and products offered by Somos Productions, and that you not submit any creative ideas, suggestions, or materials.
If you send, submit, upload, post, or otherwise make available comments or submissions, including, without limitation, postings to blogs, contest or sweepstakes entries, digital artworks, photographs, messages to other somosproductions.com users, or other creative entry including, without limitation, any drawing, photograph, voice, actions, likeness, name, age, and city and state of residence, or unsolicited creative ideas, suggestions, or materials (each a “Submission” and collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Somos Productions. None of the Submissions shall be subject to any obligation of confidence on the part of Somos Productions and Somos Productions shall not be liable for any use or disclosure of any Submissions.
You hereby consent to the use and reuse by Somos Productions, and any of its respective licensees, designees, assignees, parents, subsidiaries, or affiliated entities and each of their respective employees, agents, representatives, officers and directors (collectively “Releasees”) of your Submission, as edited, altered, or modified by the Releasees and that Releasees shall exclusively own all right, title, or interest in the Submission, in any and all media now known or hereafter devised, in any and all versions, worldwide in perpetuity. You agree the Releasees may use all or any part of the Submission, and may alter or modify it, including regardless of whether or not your child is recognizable. You further agree that Releasees may use the Submission in connection with any promotion, publicity, marketing or advertisement for Somos Productions or Somos Productions’ programming service. You grant the rights hereunder whether or not your Submission is selected. You agree to release, defend, indemnify and hold harmless Releasees from any and all claims, actions, lawsuits, liabilities, and expenses arising out of or relating to their recording or use of the Submission. You agree not to make any claim against Releasees as a result of the use or non-use of the Submission (including, without limitation, any claim that such use invades any right of privacy and/or of disclosure). You understand that you will not be paid any money or receive any form of compensation for giving Releasees these rights, or for agreeing to this Agreement. You certify that the Submission is original and that Somos Productions’ use of the Submission will not violate any rights of any other person or entity, including, without limitation, any copyright rights. YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PARAGRAPH AND THAT NO ORAL REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU. You represent that you are the parent and/or legal guardian of the minor named in the image label created which may accompany the Submission, or who may appear in the Submission, and have read this paragraph regarding Submissions prior to uploading, submitting, or sending any Submission, and you are fully familiar with the contents of the Submission. Notwithstanding anything to the contrary in this paragraph, Somos Productions does not intend to disclose any Submissions you submit, post, upload, or otherwise make available only to your customized web page on this website.
Somos Productions reserves the right, in its sole discretion, to delete, take down, or refuse to post or otherwise make public any Submissions. Without limitation of the foregoing, Somos Productions shall have the right to use and change the Submissions in any manner that Somos Productions may determine. You acknowledge that Somos Productions may or may not pre-screen Submissions, but Somos Productions and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submissions. Somos Productions may, in its sole discretion, monitor the Submissions of all users, but Somos Productions cannot be responsible for the views or opinions expressed. Somos Productions neither endorses the contents of any user communications or Submissions nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising therefrom, or any crime facilitated thereby. Somos Productions may delete or terminate, in its sole discretion, any and all information, communication(s), and/or Submissions, at any time, without notice, for any reason, including without limitation, online conduct that it believes is harmful to other users, the business of Somos Productions, its affiliates, or other third-party information providers, or for conduct that violates this Agreement or other policies or guidelines set out by Somos Productions elsewhere on this website.
This website may contain hyperlinks to external locations (e.g., other websites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by Somos Productions or that any affiliation exists between Somos Productions and the linked website. You agree that Somos Productions is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Somos Productions has not necessarily reviewed, and does not necessarily endorse, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications, which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that Somos Productions shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master.
THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. SOMOS PRODUCTIONS DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
SOMOS PRODUCTIONS DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH SOMOSPRODUCTIONS.COM. NEITHER SOMOS PRODUCTIONS NOR ITS AFFILIATES AND THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY SOMOSPRODUCTIONS.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM SOMOSPRODUCTIONS.COM. ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF THIS WEBSITE IS UPLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL-NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF SOMOSPRODUCTIONS.COM.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL SOMOS PRODUCTIONS, ITS AFFILIATES, PARENT, SUBSIDIARIES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, THE “RELATED PARTIES”), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL SOMOS PRODUCTIONS OR ANY OF THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THIS WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY RELATED PARTY HAS BEEN ADVISED OF (OR IF ANY RELATED PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL RELATED PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THIS WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS SOMOSPRODUCTIONS.COM.
You, the user, agree to indemnify and hold harmless, and at Somos Productions’ request, defend Somos Productions and the Related Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of this website; (ii) use of this website by anyone using your computer or your account; (iii) a violation of this Agreement by you or anyone using your computer or your account; (iv) any unauthorized deletions, additions, insertions or alterations to, or any unauthorized use of, this website by you or someone using your computer or your account; or (v) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement. If any third party brings a claim, lawsuit, or other proceeding(s) against Somos Productions or any Related Party based on your conduct or use of this website or that of someone using your computer or account, you agree to compensate Somos Productions and all Related Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding
Somos Productions reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Somos Productions becomes aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on Somos Productions’ servers and systems. During an investigation, Somos Productions may remove any and all disputed material from Somos Productions’ servers and systems. If Somos Productions believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Somos Productions may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Somos Productions’ servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.
Jurisdictional Issues/Governing Law
This website is controlled and operated by Somos Productions from within the United States of America, and is intended for use only by residents of the United States. Somos Productions makes no representations or warranties that the content or materials of this website are appropriate or lawful in any foreign countries, or that any items offered for sale through links on this website will be available outside the United States. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from somosproductions.com or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Florida, U.S.A., without giving effect to any principles of conflicts of laws. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of this website shall be finally adjudicated or determined in any court in the State of Florida or of the United States of America, in Miami-Dade County, Florida, and the parties hereto submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Florida law.
Your use of this website constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Somos Productions or by third-party content providers in connection with content, software, or services available on, through or in connection with this website.
Acts of God
Somos Productions shall be excused from its obligations for any period to the extent that Somos Productions is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Somos Productions’ reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
Somos Productions’ failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Somos Productions’ right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Somos Productions to exercise or take advantage of any right or remedy that Somos Productions has or may have hereunder operate as a waiver of any right or remedy.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
This Agreement constitutes the entire agreement between you and Somos Productions concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Somos Productions.
Somos Productions respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on this website infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on this website, then you may notify Somos Productions using the procedures set forth below.
Send your notice of infringement to our designated agent:
Iván M. Morales
2601 S. Bayshore Drive
Miami, FL 33133
Telephone: (786) 220-0280
Your notice must be in writing and include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work;
An identification of the URL web address on somosproductions.com or other specific location where the allegedly infringing material is located;
The address, telephone number, and email address of the notifying party;
A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner.
WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR SOMOS PRODUCTIONS AS A RESULT OF SOMOS PRODUCTIONS’ RELIANCE ON THE MISREPRESENTATION.
Once we receive this information, Somos Productions may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent, which must include:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location on this website at which the material appeared before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Notice of Website Disclaimer
Conditions for Use of This Website
By using the somosproductions.com website (this “website”) you are accepting each and every term of this disclaimer notice. If you do not agree with any term or condition in this notice you should not use this website or you will be deemed to have agreed by every term.
Warranties and Liability
While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and Somos Productions, LLC and its related companies and affiliates (“Somos Productions”) make no representations or warranties in relation to the accuracy or completeness of the information found in this website. While the content of this site is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading, or the sources are accurate and error free, or that this site will always (or ever) be available for use.
We do not warrant that the servers that make this website available will be error free, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against any electronic threat against the equipment you use to access and/or use the website. We recommend scanning any files before downloading.
Nothing on this website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of this site.
In no event will Somos Productions be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.
Nothing in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or anything else, which it would not be lawful for Somos Productions to exclude.
Licence To Use This Website
By using this website you agree to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use this website if you do not agree that they are reasonable.
If any of the points in this disclaimer notice are found to be unenforceable under applicable law, that will have no bearing on the enforceability of the rest of the disclaimer notice.
Material on this website, including text and images, is protected by copyright law and is copyright to Somos Productions unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use.
Prior written consent of the copyright holder must be obtained for any other use of material.
No part of this site may be distributed or copied for any commercial purpose or financial gain.
All intellectual property rights in relation to this website are reserved and owned by Somos Productions.
Links to Other websites and Products
Links to other websites are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.
Law and Jurisdiction
This disclaimer notice shall be interpreted and governed by the laws of the state of Florida, USA and any disputes in relation to it are subject to the jurisdiction of the state or Federal courts of the state of Florida located in Miami/Dade County.
We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.
This website is owned by Somos Productions, LLC, a Florida limited liability company, with offices at 2601 S. Bayshore Drive, Suite 1250, Miami, Florida 33133. Or, you may contact us at Contact Us