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    • Legal notice and website terms of use

    LEGAL NOTICE AND WEBSITE TERMS OF USE

    1. Identification and details of the holder

      • Company name: TELEVES USA LLC
      • Tax Identification Number: 98-0473777.
      • Registered office: 16596 E 2nd Ave, Aurora, Dever, CO 80011, United States.
      • Phone number: +1 720-379-3748
      • Contact e-mail: televes.usa@televes.com

    2. Object

      This agreement ("Terms of Use") between you ("User" or "you") and TELEVES USA LLC (“TELEVES”) together with its subsidiaries (collectively "TELEVES," "we," or "us") governs your access and use of the Website, App or Online Services made available by TELEVES to which these Terms of Use are linked (collectively, the "Website "), the mobile application (the "App"), and the content and services enabled by or through the Website, App or Online Services, the App and/or other related applications (collectively the "Online Services".

      The reference in these terms to the term "application" shall be understood to be made to any software owned by TELEVES regardless of the technical type in which it is categorized (Website, App or Online Services, Saas, interface, APP, middleware, system controller software, etc.).

      These Terms of Use are expressly and unreservedly accepted by the user by the mere fact of browsing the Website, App or Online Services, downloading the App, creating an Account, making a purchase through the Store, or otherwise using any Online Services or using the materials and services of TELEVES in any way (collectively the “Use”).

      The reference in these conditions to the term "Application" shall be understood to be made to any software owned by TELEVES regardless of the technical type in which it is categorized (Website, App or Online Services, Saas, interface, APP, middleware, system controller software, etc.).

    3. Conditions of access and use

      By browsing the Website, downloading the App, creating an Account, making a purchase through the Store (defined below), or otherwise using any Online Services, confers the status of (“User”), who may access the content or even contact its administrators.

      The User must read, understand and accept these conditions of use before browsing and/or use the services, which will imply express acceptance of and adherence to the terms expressed below: (i) Commitment to diligent use of the resources, with strict compliance with current legislation, with respect for good customs and "netiquette", that is, the set of general rules of behaviour on the Internet; (ii) The User will accept the terms and conditions of a specific service or resource of the application when they are strictly necessary for its use, which will be expressly required of him/her in his/her case and; iii) The User may not make use of the application outside the terms set out in these conditions of use, specifically for illicit purposes, contrary to morality or public order in any of its expressions, or constituting a crime.

      If access to and use of the Website, App or Online Services is subject to Special Conditions, these Special Conditions shall be previously made known to the user and, depending on the case, shall replace, complete and/or modify the Terms contained herein. Access to and use of referred services subject to Special Conditions shall therefore imply full adherence to the Special Conditions that regulate them in the version published at the time the user accesses them, and said Special Conditions shall be automatically incorporated into these Terms.

      In the event of contradiction between the terms and conditions stated in these Terms and the Specific Conditions, the terms agreed in the Specific Conditions shall always and in any case prevail, although only with regard to incompatible provisions and only with regard to those services of the Website, App or Online Services subject to such specific regulation.

      TELEVES may unilaterally modify, without prior notice, the provision, configuration, content and services of the Website, App or Online Services, as well as its General and/or Specific Conditions.

      In general, the services and materials offered through the Website, App or Online Services shall be available in English, and TELEVES may, at its discretion, present such services and materials in other languages. Notwithstanding the foregoing, the English language version shall be the preferred version for the interpretation of these Terms.

      In the event that comments or opinion posts are allowed, TELEVES accepts no responsibility, under any circumstances, for the opinions expressed by third parties, although it reserves the right to remove or even not publish those that are offensive or inappropriate or, failing this, as soon as it has actual knowledge of the content published.

    4. Accessing and browsing to the Website, App or Online Services

      The user undertakes to use the services, information and materials on the Website, App or Online Services in accordance with the Law and these Terms.

      All information provided by the user must be truthful. Users shall be responsible for keeping all information provided to TELEVES permanently updated so that it corresponds, at all times, to their real situation. In any case, the user shall be solely responsible for any false or inaccurate statements made and for any damage caused to TELEVES or third parties.

      Mere access to the Website, App or Online Services does not in itself imply the establishment of any type of commercial link or relationship between TELEVES and the user, except when the appropriate means have been established for this purpose and the user has complied with any applicable Specific Conditions.

      The inclusion on the Website, App or Online Services of information relating to products or services offered by TELEVES is exclusively for information and advertising purposes, unless another purpose is expressly established.

      In all cases, access, browsing and use of the Website, App or Online Services is the sole and exclusive responsibility of the user, and the user therefore undertakes to diligently and faithfully observe any additional instructions given by TELEVES or by authorised personnel of the same, regarding the use of the Website, App or Online Services and its content. Specifically, the use of the Website, App or Online Services by the user shall not infringe current legislation, morality, good customs and/or public order, and the user must, at all times, make correct and lawful use of the services, information and materials on the Website, App or Online Services.

      In accordance with the foregoing, users of the Website, App or Online Services undertake the following obligations:

      • Prohibition to use the Website, App or Online Services for the purpose of disseminating inappropriate content, understood as propaganda of a racist nature, xenophobic, pornographic, obscene, denigrating or that incites or promotes the carrying out of criminal, violent, defamatory or degrading acts on grounds of age, sex, religion or beliefs; or which directly or indirectly advocates, promotes or incites terrorism or which is contrary to human rights and the fundamental rights and freedoms of third parties, current legislation, morals, good customs and public order, or for harmful purposes which may damage, harm or impede in any way, access to the same, to the detriment of TELEVES or third parties.
      • Prohibition to carry out acts contrary to the Intellectual Property rights of TELEVES Infringing the intellectual property or other rights of TELEVES, including, but not limited to: (i) copying or distributing the technology of TELEVES including, but not limited to: (i) copying or distributing TELEVES's technology, unless it is circulated with the consent of the user technology, unless it is made available under open source licences and under the terms permitted by such licences; or (ii) use the term "TELEVES" or "TELCOR" or any other registered trademark, electronic mail or URL containing the term "TELEVES", except with the express authorisation of TELEVES.
      • Prohibition of introducing hyperlinks or technical linking devices (i.e. links, banners or buttons) for commercial purposes on web pages outside the Website, App or Online Services, which allow access to this domain, without the prior written consent of TELEVES. In any case, the existence of such hyperlinks shall not imply, under any circumstances, the existence of commercial or mercantile relations with the owner of the Website, App or Online Services where the hyperlink is established, nor the acceptance by TELEVES of its content or services. TELEVES reserves the right to prohibit or disable at any time any hyperlink or technical linking device (i.e. links, banners or buttons) to the Website, App or Online Services, especially in the event of unlawfulness of the activity or content of the Website, App or Online Services in which the hyperlink or technical linking device is included.
        Any link to the application must be directed to the home page, and deep links or links to other content other than the aforementioned content are prohibited. Likewise, the practice of browsing on frames is prohibited.
      • Prohibition of any type of action that may cause damage or alterations to the computer system. Users must refrain from causing damage to the computer systems of TELEVES, its suppliers or third parties and/or introduce or disseminate computer viruses, harmful code or software or other types of systems that may cause damage or alterations to computer systems, or unauthorised alterations to the contents, programmes or systems accessible through the Web Site, or to the information systems, files and computer equipment of users.
      • You must use the services and materials offered through the Website, App or Online Services in accordance with these Terms and/or the Specific Conditions that regulate the use of a specific service and without causing damage or undermining the rights of otherusers.
      • Prohibition to use the Website, App or Online Services, in whole or in part, to promote, sell, contract, disseminate advertising or information of their own or of third parties without prior written authorisation from TELEVES, or to include hyperlinks on their private or commercial web pages to the Website, App or Online Services, unless expressly authorised by the TELEVES or to include hyperlinks on its private or commercial web pages to the Website, App or Online Services, unless expressly authorised by the TELEVES.
        Users shall be liable to TELEVES or, where appropriate, to third parties, for any damages of any kind that may be caused as a result of breach or non-compliance, directly or indirectly, with these Terms.

    5. Intellectual and Industrial Property

      TELEVES owns all rights to Website, App or Online Services, its trademarks, graphic interface, structure, images and elements constituting the object code, as well as the programming and engineering of the source code. All these elements, as well as the publications included therein, are protected by the applicable intellectual and industrial property regulations.

      Any reproduction, adaptation, modification or public communication of all or part of the contents of the application, carried out in any form or by any means, mechanical, manual or otherwise, without the express, prior and documented written authorisation of TELEVES, is prohibited.

      Under no circumstances shall user access to and browsing of the Website, App or Online Services be understood as a waiver, transfer, licence or total or partial assignment of the aforementioned TELEVES rights.

      Consequently, it is prohibited to remove, evade or manipulate the copyright notice and any other data identifying the rights of TELEVES or its owners incorporated in the contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained therein.

      References to commercial or registered names and brands, logos or other distinctive signs, whether owned by TELEVES or third parties, implicitly prohibit their use without the consent of their owner.

      If a user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she may immediately notify TELEVES by e-mail at ip-division@televes.com

    6. User Content

      You agree that submission of any ideas, suggestions, documents, and/or proposals to TELEVES through its suggestion, feedback, reviews, or similar pages ("Feedback") is at your own risk and that TELEVES has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TELEVES a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, including without limitation in connection with the operation and maintenance of the Services and/or TELEVES's business.

      By sending, posting or transmitting any information to TELEVES or through the Online Services ("User Content") you grant TELEVES and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works from, and otherwise exploit the User Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you, subject to applicable law. All User Content is deemed non- confidential and non-proprietary. Any User Content that you choose to post on the Website, including reviews of Products or Services, may be visible to the public.

      You are responsible for the content of the User Content. However, TELEVES has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any User Content, including consumer reviews at its sole discreption.

    7. Exemption from liability

      TELEVES is exempt from any type of liability for damages of any kind and nature in the following cases:

      1. The impossibility or difficulty of connection to access the Website, App or Online Services, service interruptions, delays, errors, malfunctioning of the same, regardless of the type of connection or technical means used by the user.
      2. For the interruption, suspension or cancellation of access to the Website, App or Online Services, as well as for the availability and continuity of its operation, when this is due to the interruption of the service due to technical maintenance, or to a cause beyond the control of TELEVES, or due to the services of information service providers or due to the services of information service providers.Due to the wilful or negligent actions of the user, or those arising from force majeure or any other causes beyond the control of TELEVES
      3. Attacks by hackers or third parties specialised in the security or integrity of the computer system, provided that TELEVES has adopted all existing security measures according to its technical possibilities.
      4. For any damages that may be caused by the information, content, products and services provided, communicated, hosted, transmitted, exhibited or offered by third parties other than TELEVES, including providers of information society services, through a Website, App or Online Services that may be accessed via a link or hyperlink on this Website, App or Online Services.

      TELEVES does not act as an agent, either for the user or for the owners of any links that may exist on the Website, App or Online Services to Website, App or Online Services owned by others.

      For any damage or harm to the user's software or hardware arising from access to the Website, App or Online Services or from the use of the information or elements or applications contained therein.

      For the suitability, reliability, availability, timeliness or accuracy of the information or services contained on the Website, App or Online Services, nor for any direct or indirect damage in connection with the use of the information or elements contained therein.

      Users shall be personally liable for damages of any kind caused to TELEVES, directly or indirectly, for breach of any of the obligations arising from these Terms or, where applicable, the Specific Terms and Conditions. The user shall be solely liable for any claim or legal action, judicial or extrajudicial, brought by third parties against TELEVES or against the user based on the use of the online services, or for the information that the user may have sent to TELEVES by any means. The user assumes all expenses, costs and compensation incurred by TELEVES as a result of such claims or legal actions.

    8. Use of social profiles

      The profiles of TELEVES on different social networks may include the opinions, recommendations or statements of third parties, which do not necessarily reflect the opinions of TELEVES, nor do they indicate its commitment to a particular line of action, nor do they indicate its commitment to a particular line of action.

      TELEVES accepts no responsibility for the actions of users of social networks, nor for the correct functioning of the same, with each respective social network assuming all responsibilities that may arise:

      If the social network is not operational for technical reasons attributable to the owner of the platform itself, third parties or unforeseeable causes or force majeure, these circumstances being the responsibility of the social network or, where appropriate, of the third party or if the social network modifies any of its legal notices and/or terms of use.

    9. Miscellaneous

      1. Notifications

        All notifications and communications (hereinafter, "Notifications") from the user to TELEVES, shall be considered effective when they are sent to the following e-mail address: televes.usa@televes.com; and/or, where appropriate, to its registered office by post.

        Likewise, all notifications made by TELEVES to the user shall be considered validly made if they have been made using the data provided by the user (for example, their e-mail address), by any means. For these purposes, the user declares and guarantees that all the data provided by him/her are true and correct and that he/she shall keep them duly updated.

      2. Duration and termination

        Access, content and services offered through the Website, App or Online Services are, in principle, of indefinite duration, unless otherwise provided for in the Service Offer, the General Conditions, the Specific Conditions or in the legislation applicable at any given time.

        TELEVES reserves the right, without prior notice and at any time, to suspend, deny or restrict access to the Website, App or Online Services temporarily or permanently, to make any modifications it deems appropriate to the Website, App or Online Services, the services or information offered, the presentation or location of such services, as well as these Terms, the Privacy Policy or the Cookies Policy.

        Notwithstanding the foregoing, in the event of any changes to these Terms, the Privacy Policy Cookie Policy or any other legal document, we will notify you through the Website, App or Online Services (for example, through a banner, a pop-up or a push notification), or even communicate it to your email address (if you have one) when the change in question is significant to your privacy, so that you can review the changes, assess them and, where appropriate, object to the processing of the data.

      3. Waiver

        Failure by TELEVES to require strict compliance by the user with any of the obligations assumed by virtue of these Terms and/or Specific Conditions or failure by TELEVES to exercise any rights or actions to which it may be entitled shall not imply any waiver or limitation in relation to such rights or actions, nor shall it exonerate users from complying with such obligations.

        No waiver by TELEVES of a specific right or action shall imply a waiver of other rights or actions derived from these Terms and/or Specific Conditions.

        No waiver by TELEVES of any of these General and/or Specific Conditions or of the rights or actions deriving from them shall be effective unless it is expressly stated that it is a waiver and it is formalized and communicated to users in writing, in accordance with the provisions of the Notifications section of these Conditions.

      4. Partial invalidity

        If any of these Terms are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

    10. Law and jurisdiction

      These Terms shall be governed by the laws of the state of Colorado (US).

      If a dispute arises from or relates to these terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.

      The parties further agree that any unresolved controversy or claim arising out of or relating to these Terms, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (AAA). The arbitration will be administered by the AAA and will be governed by the AAA Consumer Arbitration Rules, which you can find at www.adr.org. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

      Customer agrees that any Dispute between the Parties shall be resolved exclusively in individual (non-class) arbitration.

      If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, the Parties will pick another arbitrator pursuant to 9 U.S. Code § 5. If necessary, the Arbitrator shall be appointed by the District Courts of Aurora (Colorado).