Terms of Service and Privacy Policies.
This document sets forth the “General Conditions” governing the use of contents, information, personal data and services making up the site TVAZTECAINTERNACIONAL.COM and its related portals (hereinafter, the “Website”) by the individuals and/or legal entities who access the Website (hereinafter, the “User”). Please, read this document carefully. IF YOU DO NOT AGREE WITH THESE GENERAL CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. ANY AND ALL PERSONS WHO DO NOT AGREE WITH THESE GENERAL CONDITIONS, WHICH ARE MANDATORY AND BINDING, SHALL REFRAIN FROM USING THE WEBSITE AND/OR OFFERED SERVICES, OTHERWISE, IT IS UNDERSTOOD THAT THE USER AGREES WITH ALL CONTENTS AND INFORMATION PROVIDED FOR: (I) THESE GENERAL CONDITIONS, (II) THE WEBSITE AND (II) THE CONTENTS.
1. INITIAL CONDITIONS. If the User were to utilize the Website, it is understood that s/he has fully agreed with the General Conditions that are in force when accessing it, with no reserves. Therefore, the User undertakes to comply with all provisions under these General Conditions, pursuant to the applicable laws, statutes, regulations and provisions, including, but not limited, all those governing the use of the Website. TV Azteca, S.A.B. de C.V. and/or any third-party it may appoint, as Website holder (hereinafter, “TV Azteca”) reserves the right to review these General Conditions at any time, by updating and/or amending this website.
The User shall visit this page every time s/he visits the Website to check the General Conditions, since these are mandatory and binding.
TV Azteca, or the person appointed by TV Azteca, shall be the holder of all IP and industrial property rights, right reserves and other prerogatives on the website, including, but not limited to: domain names, databases, designs and other elements making it up, the Materials (as defined below), the Contents (as defined below) and, in general, all computer software, brands, names and slogans, logos, widgets, graphic design, strategies, and other elements and works contained in the Website, all of which is protected under the Federal IP Law, Industrial Property Law, its regulations and other applicable laws. This, with the sole exception for what is legally held by the User or third parties before executing this document in any way.
2. ACCESSING THE WEBSITE. USE OF MATERIALS. 2.1. ACCESS TO AND USE OF THE WEBSITE.
To use some of the services provided through the Website, Users may need to sign up or log in and/or pay a fee or price, which amounts, forms of payment and other specifications are under the Special Conditions applicable to every type of service. In the event the User needed further clarifications on the use, location or existence of the Special Conditions, it shall contact TV Azteca to obtain this information.
All Users, by logging in or signing up to the Website, whichever occurs first, expressly authorizes TV Azteca to, on its own behalf, or through third-parties, incorporate, release, disseminate, promote, Use, utilize, display, reproduce, disseminate, modify, adapt, translate, compile, broaden, edit, create collections, compilations or any related literary works and/or artistic, distribute, sell and/or use in any other way of image property transfer (as defined below), the Material and material support containing it, individually or collectively, in the United Mexican States (hereinafter, “Mexico”) and/or abroad, in full or in part, for the maximum time allowed by the applicable laws, by any means or public or private form of communications, through any existing or future audio and/or video broadcasting method, including, analog and digital (in standard definition or HD), live or delayed, in full or edited, including, but not limited to, free-to-air TV, cable TV, paid TV, Direct Broadcast Satellite (DBS), Satellite Master Antenna Television (SMATV), Multi Point Distribution System (MDS), CCTV, pay-per-view, Direct Television Satellite (DTS), including a commercial TV system under the SKY brand, Internet Protocol Television (IPTV), Video on Demand (VOD), wireless TV communication system (MMDS), radio of any type, DVD, Blu-ray, iPhone, Blackberry, Symbian, CDs, e-files, Internet, networks and mobile telecommunication system, such as PSMS, SMS, MMS, CSD, HSCSD, GPRS, WAP, BREW and/or EDGE, wired and wireless devices and/or media, PDAs, digital audio and video files that may be played in existing or future computers and any other way or means of image, audio and/or video broadcasting, in any form, such as, inter alia, interactive TV, second and third dimension and other existing or future technologies (hereinafter, the “Media”, both individually and collectively).
“Material” or “Materials” are those audiovisual, music or literary works, photographs, portraits, designs of any kind, articles and informative notes, logos, brands and other information and contents provided by the User to the Website or through the website.
“Image” refers to the image, name, artistic name, character, wardrobe, masks, photographs, voice, actions, performances, interviews, representations, comedy routine, sketches, music performances, artistic executions, biographic material and other physical and psychological attributes, both from the User and his/her characters.
2.2. Use of the Website.
The User undertakes to use the Website according to the applicable laws, these General Conditions, the applicable Special Conditions, generally accepted morals and good costumes, and public order.
The User undertakes to refrain from using the Website, its Image and Materials for illegal purposes, in a way that is contrary to what is set forth in the General Conditions, violates third-party rights, interests and private life or that otherwise damage, renders the Website useless, overloads or damages the Website or prevents the normal use of the Website by Users.
2.3. Website content utilization.
In the event TV Azteca authorizes viewing and/or downloading contents from the website, this authorization shall be for one copy of these Website contents only, for the exclusive personal use of every User and not for marketing purposes. The contents in this Website, such as text, graphics, images, Materials, logos, brands, slogans and trade names, button icons, audiovisual works, literary works and artistic works, software and any other information and material contents, hereinafter, the “Contents”, are protected under the IP or industrial property laws (copyright, IP rights, trademarks, right reserves, inter alia). All contents are owned by TV Azteca and/or any other individual or legal entity appointed by TV Azteca. The compilation (i.e., collection, layout and assembly) of all Contents in this Website are owned by TV AZTECA exclusively and/or any other individual or legal entity appointed by TV Azteca, protected under the Mexican IP and industrial property laws and any other laws in force in those countries which Contents are protected as per the applicable laws. By giving an unauthorized use to the Content, you may violate IP or industry property laws (copyrights, trademarks, etc.) and other applicable laws, including, but not limited to, the Federal Criminal Code and other criminal laws.
The User shall observe, for any copy of the Contents that may be provided to him, all warnings related to copyrights, trademarks, service marks and other IP or industrial property rights included in the Content or Website. The User may not sell or modify the Contents or reproduce it, display it, show it in public, distribute it, or using it for marketing or dissemination purposes, without the prior authorization by TV Azteca in writing. The use of Contents in any other website section or interconnected computer environment is forbidden for any and all purposes.
The user shall not copy, embedded, adapt or create links to the HTML (HyperText Markup Language) code or any other code or language that TV Azteca may have created to build its website and contents, including the Website. These codes or languages are protected by the IP and industry rights (copyright) held by TV Azteca or other related individual or legal entity.
2.4. Restrictions: Users are forbidden to use the Website to broadcast, distribute, store or destroy material: (A) by violating the laws or regulations in force of any type, including, but not limited to, storing or distributing malicious virus affecting software programs, (b) violating IP rights, trade marks, industrial secrets, right reserves or any other third-party IP or industrial rights, (c) violating the confidentiality, public image, private life and other party rights, or (b) that may be slanderous, obscene, threatening, damaging or offensive.
Website Security Rules: Users are forbidden to violate or try to violate the Website’s security, including, but not limited to: (a) access data that is not intended for that User, a server, site, file, document, information or account which access was not granted to the User, (b) evaluate or test a system or network vulnerability or violate the security measures or identification without the due authorization in writing by TV Azteca, (c) try to block the service and/or access to any User, host or network to the Website, including, but not limited to, by uploading viruses to the Website, saturating or massive deliveries (”flooding”), “spamming”, mail attacks or system blocking (”crashing”), (d) sending junk mail, including promotions and/or product or service advertisement, or (e) phishing and using any false TCP/IC package header or any type of header information in e-mails or discussion forum rooms.
Violations to the Website, system or network security may result in civil or criminal liability for those individuals incurring in these behaviors. TV Azteca shall investigate those cases where these violations may have been produced and may address to and cooperate with the authority to prosecute those Users or persons involved in said violations.
2.5. Prohibited use.
The Website may be used for legal purposes only in these cases: to commemorate holidays, events, participate in contests, contribute and rescuing and ennoble a dynamic and entrepreneurial country (Mexico), to trigger deep insights on what we could to build a better country and recognize the efforts of those who are doing it already, by announcing while proposing social action and/or green projects that are already making a difference in the environment. TV Azteca expressly prohibits any use given to the Website, and all Users agree to use the Website, for the following only:
Using a mechanism, software or routine to prevent or try to prevent the appropriate functioning of this Website or any activity that may be conducted herein.
Conducting any action that may cause a disproportionate or excessive load on this Website infrastructure.
If you own a password that allows you to access a private section of this Website, you are forbidden to disclose or share it with third parties or using it for unauthorized purposes.
However, any provision that may be contrary herein, the use or intent of using any machine, software, tool, agent or mechanism or device (including, but not limited to browsers, spiders, robots, avatars or smart agents) to navigate or browse this Website that may be different to the browsing machines or browsing agents made available by TV Azteca through this Website, other than the web browsers that are usually available (e.g. Netscape Navigator, Microsoft Explorer).
Trying to decode, decompile or obtain the source code of any software program that encompasses or is part of this Website.
Engaging in transactions with other Users and/or any other person, to trade estate, rights and/or any other civil or trade-related affair, whether these are paid online or by other form of payment, even if it is made for free, unless TV Azteca previously authorizes every User in writing.
Committing extortion, robbery, libel, fraud, embezzlement, speculation on the Stock Exchange, phishing or powers/identity theft and usurpation, money laundering, quasi offense, illegal action or fact through the Website, its derived portals, servers or services provided through the Website.
TV Azteca reserves the right to remove any content, language, image, advertisement and any other material that fails to meet the standards under these General Conditions, under the applicable laws or TV Azteca policies in force, without this resulting in compensation rights whatsoever. Furthermore, TV Azteca reserves the right to suspend or remove any User in the event of violations to these General Conditions from the TV Azteca system, or if at TV Azteca’s discretion, if the User committed behaviors or fraudulent or dishonest actions by using the Website, its related portals, servers or services provided by TV Azteca.
3. PERSONAL USER DATA. SIGN UP AT THE WEBSITE.
3.1. Sign up at the Website
TV Azteca shall not disclose your name, e-mail address or telephone number to third parties if the User has expressly refused to do so, except when it is absolutely necessary to comply with the laws or legal procedures in force, where appropriate. TV Azteca reserves the right to offer third-party services and products based on the Information provided by the User when signing up or afterwards; these offers may be made by TV Azteca or third parties.
The User shall be responsible for keeping the data and password given when registering under confidentiality, whether the User has authorized it or not. The User shall immediately report any unauthorized use of his/her registration or password to TV Azteca.
4. USER OBLIGATIONS.
The User shall be liable for his/her own communications and consequences of the information released in the Website. By the sole fact of using this Website, the User undertakes not to do any of the following: releasing, playing, distributing, showing or announcing any type of audiovisual works or material protected by IP rights or any other type of property or industrial rights, unless s/he is the legitimate holder of these rights or holds a valid permit or license granted by the holder of said rights; releasing material that discloses industrial or trade secrets unless these are owned or held by the owner or with the holder’s permission; releasing material violating third-party IP or industrial rights, confidentiality rights, right reserve or third-party’s image; releasing obscene, defaming, threatening, harassing, injuring or denigrating material against any User or any other person or entity; releasing a sexually explicit image or declaration; releasing propaganda or business proposals; posting chain letters; phishing, or posting infected material with virus, Trojan horses, worms, time bombs, cancelbots or other programming routings that are intended to damage, negatively interfere, secretly interfere, secretly intercept or take over of systems, data or information.
TV Azteca does not affirm or ensure the legality, accuracy or reliability of the communications that are posted and released by Users and does not endorse any opinions given by Users. Users implicitly agree that, by trusting in the contents or data released by other Users, it is at its sole liability.
TV Azteca is the sole passive transmitter of the online distribution and release of the information submitted by Users and is not obliged to censor the communications or data beforehand and shall not be liable to review or censor the material once it has been released by Users. In the event a User reports the existence of communications that allegedly do not meet these General Conditions, TV Azteca reserves the right to investigate and determine, bona fide, and at its sole discretion, the right to remove or have these communications removed.
TV Azteca shall not be liable or responsible before other Users for conducting this surveillance activities. TV Azteca reserves the right to prevent Users from accessing the Website due to violations to the General Conditions, the law or Special Conditions, and reserves the right to delete any communication that may be damaging, illegal or contrary to morals and good customs. TV Azteca, at its sole discretion, may take the appropriate or relevant actions concerning the data submitted by Users, if it deems that TV Azteca may incur in liability or cause TV Azteca to lose (in full or in part) the services provided by its ISPs or other vendors or clients.
Without prejudice to the provisions herein, by submitting contents to a public or private section of the Website, including advertising forums, discussion rooms and chats, the User grants TV Azteca and its related companies the free, permanent, irrevocable, transferable (to any third party) and non-exclusive right (including all moral rights) and the license to use, reproduce, modify, adapt, release, translate, distribute, publicly communicate, represent or display the content (in full or in part) worldwide and the right to include it in other works in any form, means of dissemination or existing technological support or to be developed in the future during the term of the rights that may exist on this content. The User also guarantees that the holder of rights on this content, including moral rights, has completely and effectively waived said rights and has granted them validly and irrevocably to the User for the User transfer the license above and the right to authorize all uses above. Furthermore, the User allows any other User to access, display, examine, storage and play said contents for its personal use. Subject to the conditions above, the owner of the contents posted in the Website holds and keeps all rights that may arise from said content.
The User shall be liable and undertakes to hold TV AZTECA and all linked and related companies (its directors, agents and employees) harmless against any fine, claim, action, lawsuit, proceeding and/or report that may be filed due to the failure from the User to comply with these General Conditions.
5. Website USE, SERVICES AND CONTENTS UNDER THE SOLE USER LIABILITY.
The User voluntarily agrees that by using its Website, services, Materials and Contents s/he shall be the sole and exclusive liable for this use.
6. NO WARRANTIES OR LIABILITY.
The User undertakes all risks related to other Users he engages contact with through the Website.
Since Internet entails challenges to prove the User’s authenticity, the Website cannot confirm that every User is who s/he claims to be, Since TV Azteca cannot intervene in User relationships or control the behavior of Website participants, in the event the User faces one or more Users, the User releases TV Azteca and all related and linked companies (its directors, representatives and employees) from any liability derived from actions, claims or indemnities for damages of any kind, resulting from or somehow related to these disputes.
TV Azteca has no control over the Information provided by other Users that is made available through this Website. Due to its own nature, the Information related to other people may be offensive, damaging or inaccurate and, in some cases, may be misidentified or identified fraudulently. Our recommendation is for you to be cautious and have common sense when surfing the Website.
Its Contents may be imprecise or have typos. TV Azteca shall undertake no liability related to the accuracy, truthfulness, thoroughness or updating of the Website or its Contents. The risks from using the Website, Materials and the Contents shall be taken by the User exclusively. Any changes to the Website shall be made from time to time at any time.
The User admits and undertakes that the sole responsibility of the form, contents and accuracy of any information, data and material that may be placed at the Website or through the Website. TV Azteca does not guarantee the privacy and security of the Website, Materials and Contents and, particularly, does not guarantee that unauthorized parties may come to know the type, conditions, characteristics and circumstances related to the use given by the Users to the Website, Materials and Contents.
TV Azteca or any of its related companies ensure that the Website will operate error-free or that the Website and its server are free from virus or other malware. If by using the Website the User needs to go to the technical service or replace its equipment or data, TV Azteca or any of its related companies shall bear these costs.
The Website and the Contents are supplied ‘as is’ as specified herein, with no guarantees whatsoever. TV Azteca or any of its related companies undertake a guarantee, explicit or implicit, including a marketability guarantee, concrete purpose guarantee and non-violation of third-party rights, all of this, under the broadest legal scope.
TV Azteca or any of its related companies undertake guarantees on the accuracy, truthfulness, thoroughness or updating of the contents, services, software, texts, graphs and links. Under no circumstance whatsoever, TV Azteca or its related companies, vendors or third parties listed in the Website shall be liable for damages, including, but not limited to incidental and consequential damages, loss of profit, expected income or any other damages from data loss, misuse of Information or business or Website interruption resulting in the use or use impossibility of the Website, Materials and Contents, whether these are based on an alleged guarantee, contractual responsibility or tort, or any other cause, regardless of the fact that TV Azteca, its related companies, vendors or third parties were warned of the possibility of these damage.
TV Azteca shall be held harmless of any damages of any kind that may arise due to the unavailability or discontinued use of the Website, Materials and Contents, User use fraud, that Users may blame on the Website, Materials and Contents, the Website, Materials and Contents failure and, more specifically, including but not limited to, failures prevented access to the several pages of the Website or failure to access the several pages of the Website or those including the Contents.
TV Azteca shall be held harmless against damages of any kind that may derive from third parties knowing the type, conditions, characteristics and circumstances related to the use given by Users to the Website, Materials and Contents.
7. LINKS TO OTHER SITES.
The Website contains links to other Websites. These links are provided by TV Azteca solely for your convenience and do not mean its endorsement to those Websites. TV Azteca shall not be liable for third-party Website contents and does not make any representations or guarantees related to these third-party Website contents or accuracy. If the User was to access related third-party Websites, s/he shall do it at his/her own risk.
The Website shall adopt the technical measures or procedures to delete or void those links that based on an effective knowledge on the fact that data therein or recommended therein is illegal or violates the rights on goods or held by third parties entitled to indemnity.
8. TRANSFER OR UNAUTHORIZED MARKETING USE.
The User undertakes not to transfer their rights or obligations under these General Conditions. Hereby, the User undertakes not to make a unauthorized marketing use of the Website, its Contents or Materials. Furthermore, the User undertakes to use the Website, its Content and Contents (sic.), according to law, these General Conditions and, where applicable, the Special Conditions, in an appropriate and diligent manner.
TV Azteca reserves the right, at its discretion, to use all legal remedies at its reach, including, but not limited to, deleting your advertisement from this Website and the immediate cancellation of your user name, by restricting your access to the Website and/or any other service that was provided to TV Azteca, in the event the User violated any of these General Conditions or if TV Azteca was incapable of verifying the authenticity of the Information that the User may have submitted while signing up into the Website.
The User undertakes to defend, indemnify and hold TV Azteca, its related companies, directors, employees and agents harmless against any charge, action or claim, including but not limited to, the reasonable legal fees derived from the use given by the User to the Website, Materials, Information and Contents or from its violation to these General Conditions, the applicable laws and the Special Conditions. TV Azteca shall notify promptly of any claim, action or proceeding and shall assist you, at your expense, against any claim, action or proceeding of this type.
TV Azteca cannot guarantee that Material, Information and/or Contents may be viewed or downloaded lawfully outside of Mexico. Access to Materials and/or Contents by certain persons or countries may be illegal. If the User was to access the Website outside of Mexico, s/he does so at its sole liability and shall be liable for complying with the laws governing the foreign jurisdiction.
These General Conditions are governed by the Federal Mexican Laws. Any claim derived from these General Conditions shall be subject to the jurisdiction of the federal courts located in Mexico City only. If any clause of these General Conditions was to be deemed null and void by any relevant jurisdictional authority, the annulment of this clause shall not affect the validity of the remaining clauses in these General Conditions that shall remain with full validity and force. As for those clauses that may have been declared null as per this paragraph, the User recognizes and accepts that by accessing and or signing up at the Website, TV AZTECA may put the required clauses in place to replace those that were deemed null. No waiver to any clause herein shall be deemed a continuous waiver to said clause or any other clause.
Except for the additional clauses that are expressly designed at the Website areas, related to certain “Disclaimers”, the Software Licenses or material at certain Websites or for the Special Conditions agreed by the User with TV Azteca, these General Conditions constitute the entirety of the agreement between the User and TV Azteca regarding the Website, its Contents, Information and Materials. Any change to these General Conditions shall be made by TV Azteca and given the number of people surfing the web on a daily basis, including the Website, every User shall consistently check the Website so as to be informed of these changes.
12. TERM AND TERMINATION.
The Site Web and other Materials, Image, Information and Contents have an indefinite term. However, TV Azteca is authorized to terminate or suspend the operation and release of the Website, Materials, Image, Information, and/or any Contents at any time, without prejudice to the provisions under the relevant Special Conditions. When it is reasonable and possible, TV Azteca shall communicate the termination or suspension of the Website and other Materials, Image, Information and/or Contents beforehand.
Certain Website sections are subject to additional terms and conditions of use. When visiting these sections or part thereof, the User undertakes to comply with the additional terms applicable to these areas.
14. DATA COLLECTION, PROCESSING AND PROTECTION
In addition to the foregoing, TV Azteca undertakes, to the extent possible, and according to the technical security provisions under the General Conditions, to protect the Website User privacy. Users are offered a safe online experience. The intent of TV Azteca is to inform Users on the use given to their personal information and data that may be provided through the Website.
TV Azteca is compliant with the data protection laws. These laws govern the use given to Users’ data and grants certain rights to them on their personal data.
According to the General Conditions, the Website includes links to other Websites which are not under the control of TV Azteca. TV Azteca shall not be liable of the privacy policies or practices at other Websites that the User selects to access from the Website. Our recommendation is for you to review these other Website privacy policies so that you learn the way in which these obtain, collect, use and share your data. These General Conditions are applicable exclusively to the information obtained by TV Azteca through this Website, and are not applicable to the data obtained by TV Azteca by other means, and that which liability remains with the User only.
For some Website sections, TV Azteca asks the User to provide its personal data, including their name, address, e-mail address, telephone number, contact information, invoicing information and other data that may lead to finding out its identity. At other Website sections, TV Azteca collects or may collect demographic data that is not User-exclusive, such as her/his zip code, age, genre and the types of jobs s/he is interested in. At times, TV Azteca collects or may collect a combination of two types of data.
Moreover, TV Azteca may indirectly collect data on the User information when using certain thirdparty services at the Website.
Furthermore, TV Azteca may obtain certain personal information on the use given to the Website, such as the websites the user visits and what contents are used. Plus, there is hardware and software data from their computers that may be gathered by TV Azteca. This information may include the user IP address, type of browser, domain names, access time stamp and references to URLs. However, this information is not linked to your personal data.
At times, TV Azteca may give the option to providing more descriptive data on the user’s culture, behavior, preferences and/or lifestyle. However, it is up to the User to provide this information or not, unless the Website or TV Azteca require it in a mandatory field to allow access to Materials and/or Contents. If the User was to provide this information, knowing that it may be used according to the policies and practices described in these General Conditions. For instance, this information may be used to define its potential interest in certain products or services and receive e-mails or other communications on certain products or services.
The Materials and other User data and Information may be subject to automated processing and incorporated into the relevant automated personal data files held by TV Azteca for which it is responsible (hereinafter, the “Data Base”). For this purpose, TV Azteca shall provide the Users with the appropriate technical resources available to access this notice on General Conditions beforehand or any other relevant information.
The User shall bear in mind that if s/he was to disseminate her/his personal data in public sections on the Website, such as the Data Base with access to the search tool, this set of data may be examined and used by others that are not under the control of TV Azteca. TV Azteca shall not be responsible for the use given by third parties on the User Information that was disseminated or made available in public sections at the Website.
TV Azteca uses the data obtained from the Website, whether its personal, demographic, collective or technical, to manage and administer its registration, reply to any concerns submitted by the User, run and improve the Website.
As set forth herein, the User agrees to, from the very first moment it accesses or signs into the Website (or otherwise, if allowed under the applicable laws), TV Azteca using its Information to send e-mails and other communications related to the Website updates and other contents, such as additional information and promotions related to topics that may be of special interest for the User and to inform the User of the products or services available at the Website or for TV Azteca to contact the User to get his/her feedback on the current products and services or potential new products and services that may be offered. In the event the User does not agree to having its Information used as provided for herein, s/he may submit a communication in writing to TV Azteca, understanding that TV Azteca shall refrain from using his/her Information for the agreed purposes herein as soon as possible.
There is a section at the Website where the User will find the address, telephone and other data for the User to contact TV Azteca and submit his/her feedback. TV Azteca may use these comments (as a successful experience) for promotional purposes or to contact the User so as to obtain additional information.
TV Azteca shall not disclose your personal data, information or combined demographics or information on your Website use (such as the sections or contents you visit or access) to third parties, except for the cases below.
To disclose that information to individual who may be sourced to act on behalf of TV Azteca. These actions include, inter alia, TV Azteca network server hosting, data analysis, marketing assistance provision, credit card payment processing and customer service provision. These companies and individuals will access your personal data, as required, to perform their duties. However, they are not allowed to shared that information with third parties or utilize that data set for any other purpose. TV Azteca shall control all information that is shared in this way. By law, at the request of an official entity or regulatory authority or if TV Azteca were to deem, bona fide, that this action is not required to: (a) meet legal conditions or comply with a legal proceeding; (b) protect TV Azteca or its related companies’ rights or property; (c) prevent crime or homeland security (d) protect the personal security of the User or that of the public in general.
Whenever a third party acquiring all TV Azteca management or shares, in full or in part, regardless of this acquisition being by merger, demerger, consolidation, corporate restructure or purchase of all or part of most of its assets, inter alia, requires it. Moreover, in the event TV Azteca was subject to an insolvency proceeding, whether voluntarily or involuntarily, TV Azteca or its liquidator, manager, receiver, auditor or administrative auditor may sell, or grant a license to use that data in a transaction approved by a court or relevant authority. The User shall be informed of the foregoing via e-mail or through a top ad in the Website or any other Website managed by TV Azteca.
For other use of data, TV Azteca may also share collective anonymous data on the Website visitors with its clients, partners and other third parties so that these have updated data on the Website visitors and the way in which these visitors use the Website.
User Materials, Image, Information and other personal data shall be stored and processed in computers located in the United States of America or anywhere else, as described below. On the other hand, the companies or agencies who are interested in their Materials and Information may be located anywhere in the world. These countries may not have a comparable law on data protection to protect the use of their personal data. TV Azteca shall not submit your personal information to companies at those countries, provided that the User submits its denial in writing to TV Azteca; otherwise, his/her material and information may be accessed through the “search” tool, inter alia.
The Website may contain e-images known as “web beacons” (also a.k.a. As “single-pixel gifs”) allowing TV Azteca to make a count on the Users surfing at the Website. Web beacons are not used to access personal identifiable information stored at the Website; since this is one of the methods used by TV Azteca used to create collective statistics on the use of the Website.
Web beacons collect one single data set only, including a number of cookies, the Site visit date and time stamp and a Site description stored in the web beacon.
Since web beacons are just like any other content request included in a Website, the User is not able to disable or reject these. However, Users may “block them” by disabling cookies in their browser.
The Website is not designed for users under 18 years old or who are not legally capable of accessing it.
From the moment a User visits and/or logs into the Website, whichever occurs the first, s/he undertakes to prevent that Materials, Contents, Image, Information and other data and materials submitted by the User into the Website or through the Website, and the use given to the Website by the User does not do any of the following under any circumstances: (i) attack or intend to attack the private life of third-parties, morals and good costumes; (ii) result in crimes or any illegal action; (iii) disturb or intend to disturb peace or public order; (iv) harm or intend to harm or damage modesty, honor, reputation, decency, intimacy and any other right held by TV Azteca and/or third parties; (v) violate the legal provisions and regulatory provisions related to IP rights, industrial property, related rights, right reserves and/or trade secrets held by third party and/or TV Azteca; (vi) use and/or release third party images and art works and literary works [...] the authorization of the owner of said images and works (sic.); (vii) release obscene actions or any false information; (viii) deconfigure, deprogram, destroy or somehow alter any type of application, computer software, device, system, technology and/or media where material is to be used, installed and/or utilize and, in general, (ix) violate any other prohibition under the applicable laws and regulations in force.
Accordingly, the User undertakes to indemnify, release and hold TV Azteca, its affiliate and/or holding companies, its agents, employees, officials, managers, proxies and/or any other person assigned by TV Azteca harmless against any claim, lawsuit, damage, liabilities, costs and expenses, including reasonable legal fees, filed by any authority and/or third party, derived from the noncompliance and/or violation to the paragraph above, including, but not limited to violations to IP rights, related IP rights and, in general, any User obligation herein.
Furthermore, the User undertakes to release and hold TV Azteca harmless and to be liable in the event of claims, lawsuits or proceedings derived or related to the Materials and other information, content and data provided by the User to the Website or by using the Website, that may be filed by a third party.