1. Your acceptance
2. yalla ya! 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
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.
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 Disclaimer
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 OF 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.
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.