1.   Generalities. Acceptance of the Terms and Conditions

These Terms govern your access and use of our services, including those offered through our website, events, communications (e.g., emails, phone calls, and SMS messages), and mobile applications (collectively, the "Service"). By accessing or using the Service, you are accepting these Terms, which constitute a legally binding contract with: (i) Pittsburgh Hispanic Development Corporation (PHDC). Do not access or use the Service if you are unwilling to accept these Terms or cannot commit to comply with them.

1.                        1.1.   These terms and conditions of use, hereinafter "Terms and Conditions," apply to the use of the content and services (hereinafter "Content/s" or "Service/s," respectively) of the website exclusively owned by PHDC. Any person (hereinafter "User/s") who wishes to access and/or use the Website may do so by adhering to these Terms and Conditions.

1.                        1.2.   The User declares to have read, understood, and accepted these Terms and Conditions, made available to them at all times prior to the use of the PHDC website. IF THE user DOES NOT AGREE TO THESE TERMS AND CONDITIONS AND DOES NOT ACCEPT THEM, WHICH ARE MANDATORY AND BINDING, THEY MUST REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE. BY ACCESSING AND/OR USING IT, IN WHATEVER MANNER, THE user IS ACCEPTING THESE TERMS AND CONDITIONS.

1.                        1.3.   PHDC may update or make changes to these legal terms, so it is recommended and suggested that the User periodically review and check this Agreement for updates to stay informed about the terms governing the use of the website. You understand and agree that continued access to the website or its continued use after the effective date of the changes to the Terms indicates your acceptance of such changes.

1.                        1.4.   It is prohibited to access the Services for the purpose of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive evaluation purpose, or as restricted by this Agreement. Direct competitors of PHDC (or external agents acting on behalf of such direct competitors) are prohibited from accessing the Services.

1.                        1.5.   We may translate these Conditions into other languages for your convenience. However, the Spanish version governs your relationship with PHDC, and any inconsistencies between the different versions will be resolved in favor of the Spanish version.

2.   Scope and Use of the Service

1.                        2.1.   Community is a website that aims to promote the commercial development of the Latin community and foster an environment of social inclusion to provide a visual testament to the impact of the community in the region.

1.                        2.2.   We grant you permission to use the Service subject to these Conditions. Your use of the Service will be your responsibility, including the risk of exposure to offensive, indecent, inaccurate, objectionable, incomplete, inadequately warned of possible risks or dangers, or otherwise inappropriate content.

1.                        2.3.   The Service may be modified, updated, interrupted, suspended, or terminated at any time without prior notice and without assuming any responsibility.

1.                        2.4.   By accessing or using the service, you agree to receive communications from other users and PHDC through the service or through other means such as email, automated notifications, text messages (including SMS and MMS), and phone calls. These communications may promote PHDC or businesses registered on PHDC and may be initiated by PHDC, businesses registered on PHDC, or other users. Additionally, you understand that communications may be sent using an automated phone call system, and your carrier may charge you for certain communications, such as SMS messages or phone calls. You agree to notify us immediately if the phone numbers you have provided change or are disconnected. Please remember that any communication with PHDC, including phone calls with PHDC or those made through the Service, may be monitored and recorded for quality purposes.

1.                        2.5.   We do not control or endorse any third-party Content or Service. You agree that we are not responsible for the availability or content of such third-party Services or Content. Your use and reliance on any third-party Content or third-party Service are at your own risk.

1.                        2.6.   Some of the services made available through the Service and third-party services may be subject to additional third-party terms of service, privacy policies, license terms, and communications, as well as other terms, conditions, and policies, among others. It is your responsibility to become familiar with these applicable third-party terms.

3.   User Obligations

1.                        3.1.   You are solely responsible for Your Content ("Content" refers to text, images, photos, audio, video, and other forms of data or communications. "Your Content" refers to the content you submit, transmit, post, and/or share with, through, or in connection with the Service. "User Content" is the content that users submit or transmit to, through, or in connection with the Service. "PHDC Content" refers to the content we create and provide in connection with the Service. "Service Content" refers to the content available in connection with the Service, including Your Content, User Content, PHDC Content, and once published on Community, it may not always be possible to remove it. You assume all risks associated with Your Content, including someone relying on its quality, accuracy, or reliability, or any risk related to the personal information you disclose. You declare that you own or have the necessary permissions to use and authorize the use of Your Content as described here. You may not imply that PHDC sponsors or endorses Your Content in any way.

1.                        3.2.   You would assume responsibility if, for example, Your Content contains false, intentionally misleading, or defamatory material; if it infringes on the rights of third parties, including copyright, trademark, logo, patent, trade secret, moral right, private right, publicity right, or any other intellectual property or property right; if it contains illegal material, including racist insults and threats or pornography; if it exploits or harms minors in any way; if it violates or encourages the violation of any law or regulation; or if it breaches these Conditions.

1.                        3.3.   Between you and PHDC, you are the owner of Your Content. We are the owners of PHDC Content, which includes, among other things, visual interfaces, interactive features, design, programming code, software, and other elements and components of the Service, excluding Your Content. We also own copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual property and property rights associated with PHDC Content and the Service, which are protected by intellectual property laws. Therefore, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works from PHDC Content, or adaptations, publicly display it, or in any way use or exploit it in whole or in part unless expressly authorized by us. Except as expressly and unambiguously set forth herein, we do not grant you any express or implied rights, and we retain all rights in and to the Service and PHDC Content.

1.                        3.4.   User Content (including that which has been created by employees or contracted by PHDC) does not necessarily reflect the opinion of PHDC. Unless required by law, we have no obligation to preserve or provide you with copies of Your Content. We reserve the right to unilaterally delete, filter, edit, or reintegrate User Content without the need for a reason and without prior notice.  

1.                        3.5.   The User declares that all information provided to PHDC to create and maintain their profile is authentic, complete, and up-to-date, and that they have not impersonated the identity of third parties.

1.                        3.6.   The User guarantees and is responsible, in any case, for the truth, accuracy, currency, and authenticity of the personal data entered.

1.                        3.7.   The User understands and agrees that all User Content they access while using the platform is at their own risk, and they will be solely responsible for any damage or loss that may occur to the User or others as a result of it.

4.   Content and Intellectual Property

1.                        4.1.   The intellectual property rights of all assets related to PHDC, including source code, trademarks, logos, names, among others, are owned by PHDC and are registered with the relevant authorities.

1.                        4.2.   PHDC grants the user an international, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Services during the applicable License Term as per the contracted service, limited for internal use within their organization.

1.                        4.3.   The user declares and warrants that they own all rights to User Content and/or have the right to grant the licenses granted in this agreement to PHDC and its respective providers, licensees, successors, and assignees.

1.                        4.4.   The user agrees to grant the necessary legal permissions in order to carry out the necessary processing of Your Content. This user information may refer to any data, code, video, image, or other content of any kind that is uploaded and/or published through the Web.

1.                        4.5.   The user grants PHDC a non-exclusive, transferable, non-assignable, international, royalty-free license to collect, use, copy, store, transmit, modify, and create derivative works from their data, solely to the extent necessary to provide the services and to develop and improve PHDC's existing or future products or services.

1.                        4.6.   The user grants PHDC the ability to use part of their data in an aggregated, anonymous, and generic way for marketing, survey, and comparative evaluation purposes, in the review and development of current and future Products and Services, usage of Products and Services, and similar purposes ("Aggregated Data"). The Aggregated Data: (a) will only be used for internal development within the company and as a source of general service usage statistics; (b) does not identify the user or any individual; and (c) to the extent such Aggregated Data is disclosed, it will only be disclosed in a generic or aggregated manner for the purpose of sharing product or service usage and for statistical or comparative evaluation purposes. Aggregated Data will not be considered confidential user information.

1.                        4.7.   Any use of the Content that is not expressly permitted by these Terms and Conditions constitutes a breach of the Terms and Conditions and may infringe intellectual property laws. PHDC reserves all rights not expressly granted in these Terms and Conditions.

1.                        4.8.   Regarding User Content, it is the sole responsibility of the person who originated that content. PHDC cannot guarantee the authenticity of User Content, except for Content provided by PHDC.

1.                        5.1.   The User agrees not to use the website for any purpose that is prohibited by these Terms and Conditions, as well as by applicable laws. In this regard, the User commits to:

2.                               a) Not upload/use malicious code of any kind;

1.                               b) Not disturb, intimidate, or harass any other User;

1.                               c) Not publish/generate content that contains offensive language, is intimidating or pornographic, related to child sexual abuse and exploitation, incites violence, or contains nudity or graphic or unjustified violence;

1.                               d) Do not use the platform for illegal, deceptive, malicious, or discriminatory acts;

1.                               e) Do not take any action that could disable, overload, or affect the proper functioning or appearance of the platform, such as a denial of service attack or altering the presentation of pages or other platform functionality;

1.                               f) Do not facilitate or encourage the violation of these Terms and Conditions;

1.                               g) Do not post content or take any action on the platform that infringes or violates the rights of others or violates the law in any way;

1.                               h) Do not collect information from another User;

1.                               i) Do not post anyone's identification documents or financial information on the platform;

1.                               j) Do not interfere or attempt to interfere with the proper functioning of the platform or the services provided through the platform;

1.                               k) Do not modify, adapt, assign, reproduce, distribute, translate, create derivative works or adaptations, publicly display, republish, reuse, sell, market, or otherwise exploit the services provided through the platform or platform content in any way, except with the express authorization of PHDC.

1.                               l) Do not sell, license, rent, or use or exploit the Content for commercial purposes or in any way that violates the rights of PHDC and/or third parties.

1.                               m) Do not decrypt, decompile, disassemble, reverse engineer, or attempt to derive source code or underlying ideas or algorithms from any part of the website. In the event of a breach of these prohibitions and/or applicable legislation, PHDC may sanction the User with the cancellation of User Content and/or access to the website, or by any other means it deems appropriate, without prejudice to legal actions that may be brought for the commission of crimes or offenses or civil damages that may be caused to PHDC and/or another User of the platform. PHDC will also have this power to comply with any applicable law, rule, legal process, or government request, as well as to detect, prevent, or otherwise manage issues of fraud, security, technical problems, and/or in the event of a complaint by a User and/or third parties.

6.   Privacy and Information Security

1.                        6.1.   PHDC reserves the right to take any and all actions it deems necessary or reasonable regarding the security of the website and your information.  

1.                        6.2.   PHDC uses internationally accepted information security techniques in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing improper or unauthorized access to data. However, the user accepts and understands that we cannot guarantee that our security processes will be error-free, that the transmission of Your Data/Your Content will always be secure, or that unauthorized third parties will never be able to breach our security measures or those of external service providers.

1.                        6.3.   PHDC is committed to taking reasonable and adequate information security measures to ensure the confidentiality of data. Under no circumstances will PHDC access or use user data independently or unilaterally. Access to and processing of such data will always be automated in accordance with the user's instructions and/or with authorization granted by the user to carry out specific operations or tasks (e.g., special support cases).

1.                        6.4.   PHDC performs periodic backups, retaining these copies for a reasonable period to the extent of available technical possibilities. Backups will only be carried out for user accounts with commercial licenses for using the web. Deleted user content may remain in backups for a reasonable amount of time but will not be available to third parties.

1.                        6.5.   The user understands and agrees that PHDC will need to process the information provided by the user, including personal data. The user understands and agrees that the processing of personal data will be carried out in accordance with the stipulated terms.

1.                        6.6.   PHDC, as well as the partner, if applicable, and the user, understand and accept that each one will be responsible for complying with the obligations arising from the current regulations on the protection of personal data that are applicable to them.

1.                        6.7.   The parties undertake to maintain all information received and to which they have access in strict confidentiality, committing not to use the information under their control for any purpose other than that established in this agreement, in accordance with the following conditions:

1.                        6.8.   It is strictly forbidden to disseminate and/or transfer any information obtained or known to third parties during the activity subject to this agreement, as well as any use of the information for one's own benefit or for any purpose other than the one corresponding to the service being agreed upon under this agreement.

1.                        6.9.   The confidentiality obligation absolutely encompasses all of the information that the parties process, manage, store, or in any other way exists, including accounting, financial, operational, statistical, administrative information, agreements, or any other type of relationship with other entities, services, and policies of the parties.

1.                        6.10.   All of the information referred to in previous clauses, and for which confidentiality is required, can be contained in any type of medium specific to electronic or digitized information, as well as in books, letters, memoranda, cards, spreadsheets, and any other document or communication, and likewise, on paper or any other physical medium, including waste or disposal items.

1.                        6.11.   The aforementioned confidentiality obligation also covers any information of the types referred to earlier, which may be obtained, accessed, or known in the exchange between both parties and is not contained in any medium.        

7.   Links

1.                        7.1.   The link to the platform, in whole or in part, must be made in accordance with current legislation and the principles of good faith, in a way that does not involve unfair competition or harm to PHDC's rights. PHDC reserves the right to take action in case of non-compliance. Additionally, PHDC reserves the right to disable unauthorized links or structures.

1.                        7.2.   The website includes, within its content, links to sites owned and/or managed by third parties in order to facilitate access to information available on the Internet.

1.                        7.3.   PHDC assumes no responsibility arising from the existence of links between the content of the platform and content located outside of it or any other mention of external content; their link/connection does not imply sharing the opinions reflected in them and respects the intellectual property rights that their authors may possess. Access to other websites is the exclusive responsibility of the User.

8.   Disclaimer

1.                        8.1.   Except as required by law, the User acknowledges that PHDC has no control or obligation to take any action with respect to: which Users have access to the web; what Content is accessed through the Site; how the Content may affect it; how it may interpret or use the Content or what actions it may take as a result of being exposed to the Content. For these reasons, PHDC is hereby released from all resulting liability.

1.                        8.2.   PHDC will not be responsible for the accuracy, truthfulness, legality of the Content on the web, or accessible through it. The User understands that PHDC does not, in any way, investigate the User of the web, inquire about their background, or attempt to verify their background or statements. PHDC makes no representations and does not provide warranties regarding the User's conduct or the truthfulness of the User's information and/or Content. Under no circumstances will PHDC be liable for any damage or harm, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising from the conduct of the User or third parties for which it should not be held responsible, in connection with the platform, including, but not limited to, physical harm, moral harm, and damage and harm resulting from the use of it.

1.                        8.3.   WE STRIVE TO KEEP THE WEB RUNNING, ERROR-FREE, AND SECURE, BUT THE USER SHOULD BE AWARE THAT THEY USE IT AT THEIR OWN RISK. THE WEB IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, AMONG OTHERS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEB WILL ALWAYS BE SECURE OR ERROR-FREE, NOR THAT IT WILL ALWAYS OPERATE WITHOUT INTERRUPTIONS, DELAYS, OR IMPERFECTIONS. PHDC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND HEREBY THE USER WAIVES PHDC, ITS MANAGERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIMS OR DAMAGES, KNOWN OR UNKNOWN, ARISING FROM OR IN ANY WAY RELATED TO ANY CLAIM THEY MAY HAVE AGAINST SUCH THIRD PARTIES.

9.   Limitation of Liability

1.                        9.1.   PHDC, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OR DAMAGE TO INFORMATION, DELAYS, INTERRUPTIONS THROUGH THE USE OF THE PLATFORM, MALWARE OR SYSTEM OR LINE FAILURES, LACK OF AVAILABILITY AND/OR CONTINUITY OF THE PLATFORM, OR THE USE THAT USERS MAKE OF IT, ESPECIALLY, BUT NOT LIMITED TO, FAILURES IN ACCESS, DISTRIBUTION, PROVISION, DELETION, ALTERATION, MODIFICATION, OR MANIPULATION OF DATA, PAGES, APPLICATIONS, AND/OR CONTENT STORED, RECEIVED, OBTAINED, OR ACCESSED THROUGH THE WEB. LIKEWISE, PHDC SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSSES, INACCURACIES, OR DAMAGE TO THE INFORMATION PUBLISHED OR THE CONTENT OR SERVICES PROVIDED THROUGH THE WEB.

1.                        9.2.   The user understands and agrees that PHDC only provides a website that operates under the user's instructions, and therefore shall have no liability for improper, inadequate, or unlawful use of the tool. The user agrees to indemnify PHDC for any damage and/or harm, including attorney's fees, that may result from improper or unlawful use of the services.

1.                        9.3.   The user understands and agrees to guarantee the legitimacy of access, collection, and processing of any personal data processed within the provision of services, and takes full responsibility for any claims from third parties regarding such processing, explicitly excluding PHDC from any claims. In this regard, the user understands and accepts that they will be solely responsible for analyzing the legal basis justifying the collection and processing of data about the recipients in accordance with the applicable legislation.

1.                        9.4.   Under no circumstances and in no event shall PHDC be held responsible to the User for any liability or damages resulting from or arising out of the User's use of the platform, the use of Account information, or the release of Account information by the User to a third party.

1.                        9.5.   The User agrees to indemnify PHDC, its officers, directors, employees, and partners, including attorney's fees, against any third-party claims based on the use of the website and/or its Contents or for a violation of these Terms and Conditions and/or any applicable legislation.

1.                        9.6.   In all cases, the configurations made are the responsibility of the Users. This agreement does not create any partnership, agency, franchise, or employment contract between PHDC and the User. PHDC cannot guarantee that a User will fulfill their obligations or verify the identity or personal information entered by the Users.

1.                        9.7.   In all cases, the User is solely responsible for the accuracy and truthfulness of the data loaded into the Platform, so PHDC is not responsible for such data.

1.                        9.8.   By using the platform, the User agrees that all Content they access is at their own risk, and they will be solely responsible for any damage or loss that may occur to them or others as a result of it.

1.                        9.9.   PHDC makes no claims or promises regarding any third party, such as businesses or advertisers listed on the site, or those offering goods or services through it, or the users of the site. Accordingly, PHDC is not liable to you for any personal injury, loss, or damage that may arise from the actions or omissions of such third parties, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the service is at your own discretion and risk.

10.   Termination of the contract

1.                        10.1.   PHDC reserves the right to cancel or suspend the User's Content in case of the User's violation of any of the clauses of these Terms and Conditions.

1.                        10.2.   If the User wishes to cancel their Content, they can do so at any time, with any outstanding debt for the use of the services - if applicable.

1.                        10.3.   All clauses of these Terms and Conditions, which by their nature should survive after termination, will do so, including, among others, clauses of ownership, warranty disclaimers, indemnity, and limitations of liability.

1.                        10.4.   If the User breaches any of these Terms and Conditions, the permission to access and use the Content is automatically revoked, and the User must delete and/or cease using the website, without the right to any remedy.

11.   Applicable Law and Jurisdiction

1.                        11.1.   These Terms and Conditions will be governed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, excluding any conflicts of legal provisions, regardless of your country of origin or where you access the Service. All legal proceedings related to these Terms or the Service, or arising from them, will be conducted in state or federal courts located in Allegheny County, Pennsylvania. Both parties hereby accept the personal jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania, and waive any objection to the competence of such courts.