Términos y condiciones

Versión 2.1. Última actualización, 25, Nov 2013

1. Your acceptance

The use and/or visit of this website (in a collective manner, including all Content available through the yalla-ya.com domain name, the “yalla ya! Website” or “Website”), provides a consent to the terms and conditions detailed herein (the “Terms of Use”) and the terms and conditions of yalla ya!’s privacy notice, which are published at www.yalla-ya.com and which are incorporated herein by reference. You may not use the yalla ya! Website if you do not agree to any of these terms.

2. yalla ya! Website

These Terms of Use apply to all users of the yalla ya! Website, including users who contribute video content, photos, data, information, comments, and any other materials or services on the Website.

Please be aware that yalla ya! Website may contain links to third party websites that are not owned or monitored by yalla ya!. Accordingly, yalla ya! has no control over, and shall not assume any responsibility whatsoever for, the content, privacy policies, or practices of any third party websites. Moreover, yalla ya! will not and cannot censor, edit or alter in any way the content of any third-party site. In accordance thereto, please be aware of all the aforementioned when leaving the yalla ya! Website.

3. Website Access

A. yalla ya! hereby grants you permission to use the Website, in accordance with these Terms of Use, subject to the following conditions: (i) you are not to copy or distribute any part of the Website in any medium without yalla ya! prior written approval; (ii) you are to use the Website solely for your personal, noncommercial use; (iii) you are not to change or modify any part of the Website except as may be reasonably required for using the Website for its specific purpose; and (iv) you are to comply with the terms and conditions of these Terms of Use.

B. In order to access some features of the Website, you will have to register as a member (”Member Account”). You are prohibited from using a Member’s Account that is not your own. You shall be solely responsible for any activity made through your Member Account. When creating your Member Account you are to provide true and accurate information. You must notify yalla ya! immediately of any unauthorized use of your Member Account. yalla ya! shall not be liable for any loss caused by any unauthorized use of your account; however, you may be held liable for the losses of yalla ya! or others due to such unauthorized use.

C. You hereby grant your consent not to use any robot, spider or other automatic devices, in order to monitor Content. Notwithstanding the above, the operators of public search engines are permitted by yalla ya! to use spiders to copy materials for the exclusive purpose of creating publicly available searchable indices of the materials; however, there is no permission to use the spiders for creating caches or archives of such materials. yalla ya! reserves the right to revoke these exceptions, both in specific cases and generally.

4. Intellectual Property Rights

The content on the yalla ya! Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (”Content”) and the trademarks, service marks and logos included in that respect (”Marks”), are owned by or licensed to yalla ya!, all under the conditions of copyright and other intellectual property rights under Mexico and foreign laws and international conventions. It is hereby emphasized that you are to accept the Content on the yalla ya! Website AS IS. The Content is provided for your information and personal use only and it is not to be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or used for any other purposes whatsoever without the prior approval, in writing, of the corresponding owners. yalla ya! retains all rights not expressly granted in and to the Website and the Content. You hereby grant your consent not to engage in the use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial intentions. You must retain all copyright and other ownership notices in order to download or print a copy of the Content for use. You hereby grant your consent not to circumvent, interfere or disable in any way the security related features of the yalla ya! Website or its Content.

5. User Submissions

A. The yalla ya! Website may allow submissions of written or photographic material, videos or any other communications or content submitted by you or other users (”User Submissions”), now or in the future, together with the sharing, hosting, and/or publishing of such User Submissions. yalla ya! does not guarantee any confidentiality regarding User Submissions, whether or not they are published.

B. You are solely responsible for your User Submissions, as well as the consequences of their posting or publishing. Regarding User Submissions you confirm, represent, and/or warrant that you own or have the following: (i) the necessary licenses, rights, authorizations and approvals to use and approve yalla ya! to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions that will enable inclusion and use of the User Submissions in the manner intended by the Website and these Terms of Use; and (ii) the written consent, release, and/or permission of each identifiable person in the User Submission to use the name or similarity of each such identifiable individual in order to allow inclusion and use of the User Submissions in the manner intended by the Website and these Terms of Use. It is hereby emphasized that you retain all the ownership rights in your User Submissions. However, by submitting the User Submissions to yalla ya!, yalla ya! receives a worldwide, non-exclusive, royalty-free license, which can be sublicensed and transferred, to use, distribute, reproduce, prepare derivative works of, display, and execute the User Submissions in connection with the yalla ya! Website and yalla ya!’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the yalla ya! Website, together with any derivative works, in any media formats and through any media channels. In addition, you hereby provide each user of the yalla ya! Website with a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and carry out such User Submissions as allowed by the functions of the Website and under these Terms of Use. As soon as you remove or delete a User Submission from the yalla ya! Website, the abovementioned license shall terminate immediately.

C. With respect to User Submissions, you further agree not to : (i) present material that is copyrighted, protected by trade secret or subject to any third party proprietary rights, including privacy and publicity rights (except in the event that you own such rights or is allowed to post the material and to provide yalla ya! with all of the license rights granted herein from their rightful owner; (ii) publish misrepresentations or deceits that potentially may harm yalla ya! or any third party; (iii) submit material that is illegitimate, indecent, slanderous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or material that encourages a sort of behavior that would be considered as criminal offense, be responsible for any civil liability, transgress any law, or any other material that is in any way improper; (iv) post commercial ads or solicitations of business; (v) impersonate another person. yalla ya! expressly disclaims any and all liability with respect to User Submissions and does not legitimize any User Submission or any opinion, attitude, recommendation, or advice that it may contain. Copyright infringing activities any and infringement of intellectual property rights on the Website are completely forbidden; accordingly, yalla ya! will remove all such Content or User Submissions if properly notified of the infringement on another’s intellectual property rights. yalla ya! has the right to remove Content and User Submissions, even without prior notice. In the event that a User is identified as a repeat infringer (a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice), yalla ya! will terminate his/her access to the yalla ya! Website. In addition, yalla ya! reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for any transgressions other than copyright infringement and violations of intellectual property law. Such transgressions may include (but do not constitute an exhaustive list), pornography, material that is obscene or slanderous, or excessive length. At any time, without prior notice, and at its exclusive discretion, yalla ya! may remove such User Submissions and/or discontinue a User’s access for uploading the aforementioned material in violation of these Terms of Use.

D. It is to be especially noted that copyright owners or agents thereof who believe that any User Submission or other content violates their copyrights, may submit a notice by supplying our Copyright Agent with certain information in writing.

(i) Identification of the copyrighted work which is claimed to have been infringed, or, in the event that several copyrighted works at one online site are covered by one notice, a representative list of such works at that site;

(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, that is to be removed or access to which is to be denied and information reasonably adequate to allow the service provider to find the material;

(iii) A physical or electronic signature of a person approved to function on behalf of the owner of an exclusive right that is claimed to be infringed;

(iv) Contact information, in order to enable the service provider to reach you, such as an address, telephone or cellular number, and , if available, an electronic mail;

(v) A declaration that you have a bona fide belief that the said use is unauthorized by the copyright owner, its agent, or the law; and

(vi) A statement confirming that, under penalty of perjury, the information provided in the notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is claimed to be infringed.

Mr. Ido Kobelkowsky is yalla ya!’s designated Copyright Agent to receive notices of claimed infringement

E. It is important to emphasize that using yalla ya! Website entails being exposed to User Submissions from a variety of sources. yalla ya! shall not be held responsible for the accuracy, security, usefulness, or intellectual property rights of or connected to such User Submissions. It is also important that you understand and acknowledge that you risk exposure to User Submissions that are inaccurate, offensive, or obscene, and you grant consent to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against yalla ya! in this respect. Furthermore, you hereby agree to indemnify and thus acknowledge yalla ya!, its Owners/Operators, affiliates, and/or licensors, as harmless to the fullest extent permitted by law, with respect to all matters relating to your use of the Website.

F. yalla ya! grants permission to link to materials on the Website only for personal, non-commercial purposes. Furthermore, yalla ya! provides a feature (”feed”), which can be incorporated into your own personal, non-commercial websites. This use is subject to the inclusion of a prominent link back to the yalla ya! Website on such pages containing the “feed”. At any time, yalla ya! may discontinue any aspect of its Website.

6. Warranty Disclamer

YOU HEREBY AGREE THAT YOU USE THE YALLA YA! WEBSITE AT YOUR OWN RISK. YALLA YA!, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY RENOUNCE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THE WEBSITE AND YOUR USE THEREOF. REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THAT OF ANY SITES LINKED TO THIS SITE, YALLA YA! MAKES NO WARRANTIES OR REPRESENTATIONS AND WILL NOT BE HELD RESPONSIBLE FOR ANY (I) ERRORS, FAULTS, OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND, WHICH WERE CAUSED BY YOUR ACCESS TO AND USE OF YALLA YA! WEBSITE, (III) ANY UNAPPROVAED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THEY CONTAIN, (IV) ANY DISTURBANCE OR TERMINATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OF ANY KIND WHICH MAY BE TRANSFERRED TO OR THROUGH YALLA YA!’S WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY MISTAKES OR OMISSION IN ANY CONTENT OR FOR ANY LOSS OR HARM OF ANY KIND WHICH MAY BE CAUSED BY THE USE OF ANY CONTENT POSTED, EMAILED, TRANSFERRED, OR IN ANY WAY MADE AVAILABLE VIA THE YALLA YA! WEBSITE. YALLA YA! DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY FOR ANY GOODS OR SERVICES ADVERTISED THROUGH THE WEBSITE OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. IN ADDITION, YALLA YA! WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN THIS RESPECT YOU ARE EXPECTED TO USE YOUR BEST JUDGMENT AND DISCRETION AND EXERCISE CAUTION, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

7. Limitation Liability

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISIDICTION. IT IS HEREBY CONFIRMED THAT YALLA YA!, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE HELD LIABLE TO YOU, IN ANY EVENT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, CAUSED BY YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAPPROVED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THEY CONTAIN, (IV) ANY BUGS, VIRUSES, OR TROJAN HORSES OF ANY KIND WHICH MAY BE TRANSFERRED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OR THE LIKE CAUSED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSFERRED, OR OTHERWISE MADE AVAILABLE VIA THE YALLA YA! WEBSITE, BASED ON WARRANTY, CONTRACT, TORT, OR THE LIKE, AND WHETHER OR NOT THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

IN PARTICULAR, YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT YALLA YA! SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY THIRD PARTY’S DEFAMATORY, OFFENSIVE, OR ILLEGAL BEHAVIOR AND THAT THE POTENTIAL FOR ANY HARM OR DAMAGE FROM THE FOREGOING SHALL BE ENTIRELY YOUR RESPONSIBILITY.

From its facilities in Iztaccihuatl 36-203, Col. Hipodromo Condesa, Mexico City 06170 MEXICO, this Website is controlled and offered by yalla ya!. Those who access or use the yalla ya! Website from other jurisdictions do so by their own choice and must comply with local law.

8. Indemnity

You hereby grant your consent to defend, indemnify and accept yalla ya!, its parent corporation, officers, directors, employees and agents, as free of any liability, with respect to any and all claims, damages, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) that may be caused by you committing any of the following: (i) the use of and access to the yalla ya! Website; (ii) the violation of any term of these Terms of Use; (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions has damaged a third party. The obligation in this section will survive these Terms of Use and your use of the yalla ya! Website.

9. Ability to Accept Terms of Use

To abide by and comply with these terms of use, you affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use. Notwithstanding the above, you affirm that you are over the age of 13, as the yalla ya! Website is not intended for children under 13. If you are under 13 years of age, then do not use the yalla ya! Website.

10. Assignment

You may not transfer or assign these Terms of Use, and any rights and licenses granted hereunder. However, this does not derogate from yalla ya!’s right to assign the above without any restriction.

11. General

You hereby agree that (i) the yalla ya! Website shall be deemed solely based in Mexico; and (ii) yalla ya! Website shall be deemed a passive website that does not cause personal jurisdiction over yalla ya!, either specific or general, in jurisdictions other than Mexico. These Terms of Use shall be governed by the internal substantive laws of Mexico, and shall not be subject to its conflict of laws principles. A court of competent jurisdiction, located in Mexico, shall be the only one deciding any claims or disputes between you and yalla ya!, that arise in whole or in part from the yalla ya! Website. Together with the Privacy Notice at www.yalla-ya.com these Terms of Use and any other legal notices published by yalla ya! on the Website shall constitute the entire agreement between you and yalla ya! concerning the yalla ya! Website. If a court of competent jurisdiction decides any provision of these Terms of Use to be invalid, this will not derogate from the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any term of these Terms of Use shall be extended to a further or continuing waiver of such term or any other term, and yalla ya!’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. At any time and without proving any notice, yalla ya! shall have the right to amend these Terms of Use and the responsibility to monitor these Terms of Use for changes rests with the User. Following any amendment of these Terms of Use, your use of the yalla ya! Website will signify your consent to and acceptance of its revised terms.

YOU AND YALLA YA! HEREBY MUTUALLY AGREE THAT IN THE EVENT THAT A CAUSE OF ACTION ARISING OUT OF OR CONNECTED TO THE YALLA YA! WEBSITE IS NOT COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.