terms and conditions of use

july 2020

1. Acknowledgment

These Terms and Conditions of Use (“T&C”) constitute an agreement between you and YONDER MEDIA MOBILE MÉXICO, S. DE R.L. DE C.V. , with a legal address of Insurgentes Sur No. 1787, Piso 4.Col. Guadalupe Inn, CDMX México (hereinafter referred to as "YO", “we” or “us”). These T&C govern your use of our “Services”, which collectively refers to the services by YO in order to discover, watch and interact with any of our content, whether through our mobile application (the “App”), its website whose domain name is www.yotelco.com (the “Website”) and its marketing campaigns. Unless otherwise indicated, submissions by you to be a participant on any shows that YO makes available on the Website or through the APP (including the show’s selection of any winner) will not be deemed to be a part of the Services and are instead governed by the terms of the respective show producers. By accepting these T&C or otherwise using the Services, you agree to these T&C and expressly declare your acceptance using electronic means for this purpose, in terms of the provisions of the Article 1803 of the Federal Civil Code and Articles 80 and 89 Bis of the Commercial Code. If you do not absolutely and completely agree to any of these T&C, you are not permitted to use our Services and must refrain from accessing, using and observing the Website or the App. And in case you continue to access and use the Services, YO will consider such activity as your absolute and express acceptance of these T&C as stipulated herein. The mere use of our Services gives the general public the use (any person thereafter referred to as a "user" or "users"), and implies the full and unconditional acceptance of each and every one of the general and specific conditions included in these T&C published by YO at the same time that the user accesses the Services.

By using the Services, you affirm that (a) you are of legal age and have legal capacity to enter into a contract and accept the obligations of these T&C, and (b) you are located in Mexico.

2. Registration

You may need toregister for an account to use all or part of the Services, such as the App. Whenyou register for an account, you may be required to provide us with some information about yourself, including personal information such as your emailaddress, password, and/or year of birth. Such information will be maintained,protected and used by YO as per the Privacy Notice found www.yotelco.com/privacidad, which by using the Services you implicitly adhere to. You represent and warrant that the information you provide to us is accurate. We may require that you change your password or any other information that you provide to us in registering for an account. Your login is for your personal use only and may not be shared by you for others to access your account. You agree to use a strong, unique password for Services and acknowledge that reusing passwords may lead to others being able to access your account. You are responsible for any use or misuse of your account or password,and you must promptly notify us of any confidentiality breach or unauthorized use of your login information or your Services account. 

3. Voting

Some content provided through our Services will encourage interactive voting from users. If for any reason voting is not executed as planned or YO, its affiliates, and their respective officers, directors, employees, contractors, and agents(collectively, the "Administrators") have concerns about the fairness, integrity, or other aspects of the voting, the Administrators may, in their sole discretion, take any action they deem appropriate, including (a)terminating or suspending voting at any point and declaring the vote results based on the votes up to that point, or (b) disqualifying, blocking or removing any votes for any reason.

4. License

By virtue of entering into this agreement, YO grants the user the non-exclusive, revocable and non-transferable right to view and use the Services, according to the T&C stipulated herein. For the purposes of this agreement, the parties agree that by becoming a user, any person of any nature who registers and/or uses any of the Services shall be understood to have access to the Website/App and any of the subpages that display its content.

5. Rules for the Use of the Website and App

The user and YO agree that the use of our Services will be subject to the following rules:

a) Information contained on the Website/App. You acknowledge and agree that the information published or contained on the Website/App will be clearly identified to recognize that it comes from and has been generated by YO or by its suppliers.

b) However, the information, concepts and opinions published through our Services by third parties do not necessarily reflect the position of YO or its Administrators. For this reason, YO is not responsible for any of the information, opinions and concepts that are published by third parties or referred to on the Website/App. In addition, YO is not responsible for the information contained in the Website or App published by third parties, including subpages, on the understanding that the use and tracking is low risk and responsibility of the user.

c) YO reserves the right to block access or remove partially or completely any information, communication or material that in its sole discretion may result: (i) abusive, defamatory or obscene; (ii)fraudulent, contrived or misleading; (iii) violating copyright, trademarks,confidentiality, industrial secrets or any intellectual property right of third party; (iv) offensive; or (v) that in any way contravenes the provisions of this covenant. If the user wants to learn more about a specific topic provided by YO or its suppliers, user should consult with each of them directly.

d) The user acknowledges that YO does not previously control or censor the content available on the Website or App. For this reason,YO assumes no responsibility for content provided to that page by independent or non-independent providers to YO, All opinions, advice, statements, services,offers or other information or content expressed or made to the general public by third parties, belong to their respective author and YO does not assume any responsibility for it. Similarly, YO does not guarantee the accuracy, veracity,breadth and/or usefulness of any content provided by such third parties. YO reserves the right to delete or modify the content of any page that, at YO's sole judgment, does not comply with applicable standards or that may be contrary to the legal system, and will not be liable for any failure or delay generatedby removing such material.

6. Copyright and industrial property

YO, the Website, the APP, its logos and all material appearing on that site are trademarks, domain names, trade names and artistic works owned by their respective creators, and are protected by international treaties and applicable laws intellectual property and copyright.Copyright in content, organization, collection, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or posted on the Website and the App, are duly found to be protected in favor of YO, its affiliates, suppliers and/or their respective owners, in accordance with applicable intellectual property law.

It is expressly prohibited for the user to modify, alter or delete, either in full form or notices, trademarks, trade names, signs, advertisements, logos or in general any indication that relates to the ownership of the information contained on the site. In the event that the user transmits to YO through the Website or the App, any information, programs, applications, software or in general any material that requires being licensed, the user grants YO with this act a perpetual, universal license, exclusive, worldwide, including sub-licensing, selling, reproduce, distribute, transmit, create derivative works, exhibit and execute them publicly.

The provisions of the preceding paragraph shall also apply to any other information the user submits or transmits to YO, including, without limitation, ideas to improve the Website or the App) whether they have been included in any space indicated or by virtue of other known or other means or modes of transmission developed in the future.

It is our policy to act against intellectual property violations that may generate or originate as stipulated in any applicable intellectual property laws, including the removal or blocking of access to material that is subject to activities that infringe upon the intellectual property rights of third parties.

In the event that any user or third party believes that any of the content that is found or are entered on any of our Services violates your intellectual property rights, such user should send a notification to the address privacidad@yotelco.com, stating: (i) true personal data (name, address, telephone number and email address of the claimant); (ii) autograph signature with the personal data of the owner of the intellectual property rights; (iii) accurate and complete indication of the content(s) protected by intellectual property rights allegedly infringed, as well as the location violations on the Website referred to; (iv) express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; (v) express and clear statement verified to be true by the complainant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of those rights.

7. Advertising material

You acknowledge and agree that YO, as an independent third-party organization, accepts sponsors and advertisers whose information,images, advertisements and other material (subsequently referred to as "advertising material") may be published on the Website. You acknowledge and agree that the advertising material is not part of the content published on theWebsite. You also acknowledge and agree that this advertising material is protected by applicable intellectual property and industrial property laws.

8.Access to Services

You acknowledge the following:

→ YO requires high-speed Internet access, a YO-compatible device, and a qualifying plan should you subscribe to the telco service. The quality of the content may differ based on your device, settings, and network quality.

→ Certain features, content, or Services may not be available or may be different based on the time, geographic location, device, account settings, or behavior on the App.

9. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions(collectively, “Promotions”) made available through any of our Services will be governed by rules that are separate from these T&C, and by applicable law. If you participate in any such Promotions, please carefully review any promotion-specific rules, as well as our Privacy Policy. If and to the extent those rules conflict with these T&C, the Promotion rules will govern.

10. Third Party Services and Links

The Services may contain links to third-party content and integrations with third parties, such as advertisers and social media sites. Yo, however, does not operate, control, endorse or sponsor such advertisers or social media sites, nor recommend them, hence YO does not accept responsibility for any loss or damage that may arise from your use of such third-party content and integrations. These links and integrations are provided only as a convenience, and it is entirely up to you to whether or not to use the links and visit the sites, and YO does not make any representations or warranties with respect to any such third-party links and integrations. You hereby acknowledge that the use of any linked third-party content and integrations is at your own risk and subject to the terms of use for such third-party content.

11. Denial of guarantees

Any user agrees that the use of our Services is at his/her own risk and such Services and products provided pursuant to our Website or App are provided on an "as is” and "as available" basis. YO does not guarantee that the indicated page will satisfy the requirements or that the services offered therein do not suffer from are safe or error-free.

YO does not guarantee or endorse in any way the veracity, accuracy, legality, morality or any other features of the content of the material that is posted on the website by third parties. c) Notwithstanding the foregoing, YO may update the content within our Services constantly, so the user is asked to take into account that some information advertised or contained on or through our Services may deprecated and/or contain inaccuracies or typographical errors or spelling.

12. Confidentiality

YO undertakes to keep confidential the information it receives from the user in accordance with the legal provisions applicable in the United Mexican States.

13. Personal Data Protection and Privacy Notice

YO is responsible for the User's personal data, which will be treated in fulfilment of the purposes set out in the Privacy Notice related to the Services found at www.yotelco.com/privacidad, as well as providing the tools, functions and controls available in the same way that the user uses our Services.

The user declares that he/she has read, understood and accepted the Privacy Notice, available on the Website or App, in the Privacy Notice section, which will be subjected to strict processing and protection of personal data in accordance with these T&C in compliance with YO's privacy policy and its security management system personal data.

14. Modifications to the Website or App

YO may at any time and when it deems it appropriate, without the need for prior notice to the user, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of the Website or App, without any place or right to any claim or compensation, nor any responsibility to the user.

15. Amendments to the Agreement

YO reserves the right to modify the T&C of this agreement at any time as it deems appropriate, such changes are effective immediately through:

a) The publication on the Website of the amended agreement.
b) Notification to the user of such modifications.

Accordingly, the user agrees to review this agreement periodically with the intent to stay on top of these changes. Notwithstanding the above, each time the user accesses any of our Services will be considered as an absolute acceptance of the amendments to this agreement.

16. Additional Terms

Occasionally, YO may add to the T&C of this agreement additional terms that will apply to new services provided on or through the Website or the App (hereinafter referred to as "additional terms"), which will be published in the areas or new services on the Website for reading and acceptance. The user acknowledges and agrees that these additional terms for new services are an integral part of this agreement for all legal purposes to which they are applicable.

17. Assignment of Rights

YO may, at any time and at any time it deems appropriate, assign total or partially its rights and obligations under this agreement. By virtue of the same, YO will be relieved of any obligation in favor of the user, as established by this Agreement.

18. Compensation

You agree to indemnify YO, its affiliates, suppliers, sellers and advisers for any action, lawsuit or claim (including attorneys' fees and court costs) arising from any breach by the user of this agreement, including, without limitation, any of those derived from:

a) Any aspect relating to the use of our Services.
b) Information contained or available on or through our Services that contains insults, defamation or any other conduct in violation of this agreement by the user in the use of such Services.
(c) Violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available in, or through our Services.

19. Termination

YO reserves the right, in its sole discretion, to:

a) Definitively terminate this Agreement.
b) Discontinue or stop definitively publishing the Website and/or hosting the App.

20. Subsistence

These T&Cs, as well as the additional terms, constitute the entire agreement between the replaces any other agreements or agreements concluded previously. Any clause or term of this agreement, as well as the additional terms, legally declared invalid, will be removed or modified in order to correct your vice or defect. However, all other clauses or provisions will keep its strength, obligation and validity.

21. No waiver of rights

Inactivity by YO, its affiliates or suppliers to exercise any right or action under this agreement, at no time shall it be construed as a waiver of such rights or actions.

22. Applicable law and jurisdiction

This agreement shall be subject to and construed in accordance with the laws and in the courts Mexico City.