END-USER LICENSE OR PURCHASE AGREEMENT FOR AZTECA AMERICA
IMPORTANT-READ CAREFULLY: This is a legal agreement between you (either an individual or a single entity) and AZTECA AMERICA for the use, licensing, or purchase of subscription online services and/or products described below. By subscribing to, using, or purchasing these online services or products, you agree to be bound by the terms set forth below. If you do not agree to these terms, do not subscribe to, use, or purchase these online services or products.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING AZTECA AMERICA’S WEB SITES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON OR FROM AZTECA AMERICA’S WEB SITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
1. Acceptance of Terms
Welcome to AZTECA AMERICA Online, provided by the AZTECA AMERICA NETWORK («AZTECA AMERICA»). AZTECA AMERICA provides various services or products subject to the following Terms of Service («TOS» or «Terms»), which may be updated by us from time to time without advance notice to you. AZTECA AMERICA reserves the right to alter these Terms of Service without advance notice by posting revised Terms.
AZTECA AMERICA Online is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. You must be 18 years or older to purchase any subscription Services on AZTECA AMERICA Online.
For any portion of the Web sites that requires a user Account and/or password («Account»), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
AZTECA AMERICA shall have the right at any time to change or discontinue any aspect or feature of AZTECA AMERICA Online, including, but not limited to, content, hours of availability, and equipment needed for access or use.
«Account» has the definition above.
«AZTECA AMERICA Online», «AZTECA AMERICA’S Web sites» or «Web sites» mean, collectively, AZTECA AMERICA and its affiliate Web sites, present and any future sites, including but not limited to: www.AztecaAmerica.com and any and all on-line services operated by AZTECA AMERICA on the World Wide Web of the Internet (the «Web»), including any and all information and material provided by AZTECA AMERICA Online.
«You» means the user or visitor to AZTECA AMERICA Online.
«Terms of Service» means the current terms of service in effect, from time to time, as set forth herein or elsewhere on AZTECA AMERICA Online, including Terms and Conditions for AZTECA AMERICA’S Subscription Services.
3. Changed Terms
AZTECA AMERICA Online shall have the right, but not the obligation, to monitor the content of AZTECA AMERICA Online, including chat rooms and forums, to determine compliance with these Terms. AZTECA AMERICA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on AZTECA AMERICA Online. Without limiting the foregoing, AZTECA AMERICA shall have the right to remove any material that AZTECA AMERICA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. In addition, AZTECA AMERICA Online will share personally identifiable information with governmental authorities and will respond to civil subpoenas when legally required or authorized to do so.
The decision by AZTECA AMERICA to monitor and/or modify the content of AZTECA AMERICA Online does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of AZTECA AMERICA in connection with or arising from use by you of AZTECA AMERICA Online or participation in such features of AZTECA AMERICA Online as message boards, forums, chats, other interactive content, or fee based content.
5. Disclaimer of Warranty; Limitation of Liability
(A) You expressly agree that use of AZTECA AMERICA Online is at your sole risk. Neither AZTECA AMERICA, its affiliates nor any of their respective employees, or agents warrant that AZTECA AMERICA Online will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of AZTECA AMERICA Online, or as to the accuracy, reliability or content of any information, service, or merchandise provided through AZTECA AMERICA Online.
(B) AZTECA AMERICA Online 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.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that AZTECA AMERICA is not liable for the defamatory, offensive or illegal conduct of other users or visitors of AZTECA AMERICA Online or third parties and that the risk of injury from the foregoing rests entirely with you.
(D) In no event will AZTECA AMERICA Online, or any person or entity involved in creating, producing or distributing AZTECA AMERICA Online, 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 AZTECA AMERICA Online. You hereby acknowledge that the provisions of this Section 5 shall apply to all content on AZTECA AMERICA Online.
(E) In addition to the terms set forth above, neither AZTECA AMERICA Online, nor its affiliates, 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 inauthenticity of, the information contained within AZTECA AMERICA Online, or for any delay or interruption in the transmission thereof to the user, 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 AZTECA AMERICA Online, nor its affiliates, 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.
6. Copyrighted Material
(A) AZTECA AMERICA Online 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 AZTECA AMERICA Online are copyrighted as a collective work under the United States copyright laws. AZTECA AMERICA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by AZTECA AMERICA, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of AZTECA AMERICA and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the Web site of the U.S. Copyright Office at: http://www.copyright.gov/
(B) AZTECA AMERICA Online may publish material provided to AZTECA AMERICA by TV Azteca, S.A.B. de C.V. («TVA»). TVA text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these TVA materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. TVA will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
(C) AZTECA AMERICA is, from time to time, a distributor (and not a publisher) of content supplied by third parties other than TVA and users of AZTECA AMERICA Online. Accordingly, AZTECA AMERICA has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of AZTECA AMERICA Online, are those of the respective author(s) or distributor(s) and not of AZTECA AMERICA. Neither AZTECA AMERICA Online 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. AZTECA AMERICA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on AZTECA AMERICA Online by anyone other than authorized AZTECA AMERICA employees acting in their official capacities. Under no circumstances shall AZTECA AMERICA Online be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through AZTECA AMERICA Online.
(D) AZTECA AMERICA may from time to time contract with third parties to provide content that is published on AZTECA AMERICA Online. AZTECA AMERICA reserves the right to publish and maintain copyright on any such material except where otherwise individually noted. Unless indicated to the contrary, third parties shall retain responsibility and liability for any material provided to AZTECA AMERICA for publication.
(E) You shall not upload, post or otherwise make available on AZTECA AMERICA Online any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of AZTECA AMERICA Online, you automatically grant, or warrant that the owner of such material has expressly granted AZTECA AMERICA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual’s personal use. You hereby grant AZTECA AMERICA the right to edit, copy, publish and distribute any such material made available on AZTECA AMERICA Online by you.
(F) If you believe you have a claim of copyright infringement with respect to material that is posted on AZTECA AMERICA’S Web sites, you may give AZTECA AMERICA written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 as explained at http://www.copyright.gov/legislation/dmca.pdf
7. Conduct on AZTECA AMERICA Online
(A) If you participate in any chat room, bulletin board or any other forum or similar service within or in connection with AZTECA AMERICA Online, you agree to abide by the following rules of conduct:
•You agree not to post or transmit through AZTECA AMERICA any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass or threaten others;
•You agree not to post or transmit through AZTECA AMERICA any bigoted, hateful or racially offensive statements;
•You agree not to post or transmit through AZTECA AMERICA any statements that advocate illegal activity or discuss illegal activities with the intent to commit them;
•You agree not to post or transmit through AZTECA AMERICA any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
•You agree not to post or transmit through AZTECA AMERICA any vulgar, obscene, discourteous or indecent language or images;
•You agree not to post or transmit through AZTECA AMERICA, without AZTECA AMERICA’S express prior approval, material which contains advertising or any solicitation with respect to products or services, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with AZTECA AMERICA Online;
•You agree not to post or transmit through AZTECA AMERICA, any software or other materials which contain a virus or other harmful component;
•You agree not to post or transmit through AZTECA AMERICA material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
•You agree not to upload, post, or otherwise make available on AZTECA AMERICA Web sites any material 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. Any person determined by AZTECA AMERICA, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on AZTECA AMERICA’S Web sites;
•You agree not to impersonate any person or entity, including, but not limited to, any AZTECA AMERICA employee, or falsely state 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 AZTECA AMERICA users;
•You agree not to interfere with or disrupt the AZTECA AMERICA Web sites or servers or networks connected to the Web sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Web sites;
•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; and
•You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of AZTECA AMERICA’S Web sites, use of the Web sites, or access to the Web sites.
Any conduct that in AZTECA AMERICA’S sole discretion restricts or inhibits anyone else from using or enjoying AZTECA AMERICA Online will not be permitted. AZTECA AMERICA reserves the right to remove or edit messages or material submitted by you. AZTECA AMERICA is not responsible for material submitted to AZTECA AMERICA Online or posted in chat rooms, on bulletin boards or on other forums by users of AZTECA AMERICA Online.
(B) The foregoing provisions of this Section 7 are for the benefit of AZTECA AMERICA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. Fees and Payments
AZTECA AMERICA reserves the right at any time to charge fees for access to portions of AZTECA AMERICA Online or the AZTECA AMERICA Web sites as a whole. If at any time AZTECA AMERICA requires a fee for portions of AZTECA AMERICA Online that are now free (e.g., a domestic subscription fee), AZTECA AMERICA Online will give users advance notice of such fees and the opportunity to cancel any existing Account before such charges are imposed. All new fees, if any, will be clearly posted on appropriate locations on AZTECA AMERICA Online. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through AZTECA AMERICA Online by AZTECA AMERICA or by any other vendor or service provider. All fees and charges shall be billed to You and paid by You. You shall pay all applicable taxes relating to use of the AZTECA AMERICA Web sites through your Account. Your right to use AZTECA AMERICA Online is subject to any limits established by AZTECA AMERICA in its sole discretion.
9. Third-Party Links, Sponsors and Frames
(A) AZTECA AMERICA Online may provide links to other World Wide Web sites or resources. Because AZTECA AMERICA has no control over such sites and resources, you acknowledge and agree that AZTECA AMERICA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AZTECA AMERICA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.
(B) AZTECA AMERICA Online may contain commercial images and/or links to sponsors of AZTECA AMERICA Online. AZTECA AMERICA is not responsible or liable for the content of those images and/or links.
(C) No third party may use framing technologies or functionalities to contain any content provided by AZTECA AMERICA Online, for purposes either commercial or non-commercial, without express prior and written consent from AZTECA AMERICA.
(D) No third party may provide links to any content within AZTECA AMERICA Online without the express prior written consent from AZTECA AMERICA.
You agree that AZTECA AMERICA, in its sole discretion, may terminate your Account, password, and User Name and/or use of the Web sites, and may remove and discard any content within the AZTECA AMERICA Web sites, for any reason, including, without limitation, if AZTECA AMERICA believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Web sites under any provision of this Terms may be effected without prior notice, and acknowledge and agree that AZTECA AMERICA may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Web sites. Further, you agree that AZTECA AMERICA shall not be liable to you or any third-party for any termination of your access to the Web sites. The provisions of Sections 5, 6, 9(C), 9(D), 11 and 12 and this Section 10, shall survive termination of these Terms.
You agree to defend, indemnify and hold harmless AZTECA AMERICA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of AZTECA AMERICA Online by you or your Account by you or any other person using the Account. AZTECA AMERICA reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide AZTECA AMERICA with such cooperation as is reasonably requested by AZTECA AMERICA.
«AZTECA AMERICA» and the AZTECA AMERICA logo, are registered service marks of Azteca International Corporation. All rights reserved. All other trademarks, logos and service marks appearing on AZTECA AMERICA Online are the property of AZTECA AMERICA or their respective owners.
These Terms of Service and any operating rules for AZTECA AMERICA Online established by AZTECA AMERICA 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 the subject matter hereof. These Terms shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. If you access AZTECA AMERICA Online from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. 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. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.