TERMS AND CONDITIONS OF USE OF THE MOBILE APPLICATION TELESUR
1. The use of the teleSur 2.0 Application, expresses the user’s full and unreserved adherence to these Terms and Conditions of Use.
2. Through the Application, the user will have access to and/or use various services and contents, made available to the users by La Nueva Televisión del Sur (TV SUR) C.A., and/or by third party providers of Services and Contents.
3. Telesur shall have the right to deny, restrict or condition the user’s access to the Application, in whole or in part, at its sole discretion, as well as to modify the Services and Contents of the Application, at any time and without prior notice.
4. Telesur does not guarantee the availability and continuity of the operation of the Application and the Services and Contents, nor the usefulness in relation to any specific activity. Likewise, Telesur shall not be liable for any damage or loss of any nature that may be caused due to the lack of availability or continuity of the operation of the Application and/or the Services and Contents.
5. Regarding Property Rights, Telesur is the sole and exclusive owner of the rights to the titles and contents (including audios, photographs, illustrations, graphics, videos,copies, texts, software, and other visual media), codes, data and materials thereof, the look and feel, design and organization of the Application, including, in addition,copyrights, trademark rights, patent rights, and any other intellectual property. Use of the Application does not grant you ownership of any content, code, data or materials that you may access through the Application.
6. Regarding the limitations of liability for content (“services”, “sections”), Telesur provides the user with various information through the different “Services” and “Sections”, as displayed on the different screens of the Application. The information contained in these sections may be provided by third parties and Telesur is not responsible for the accuracy or reliability of such information.
7. The statements and concepts issued in the interviews and opinion articles are the sole responsibility of their authors, the events or events reviewed are only a reference, without Telesur having any responsibility for decisions taken by users depending on such information. Telesur is not responsible for the accuracy of schedules and locations indicated in such sections, which are the sole responsibility of their providers.
8. Charges are all costs incurred as a result of downloading and using the Application,including any carrier network or roaming charges, and the user may check the charges with the service provider who will inform the user of the details.
9. With respect to Updates, the Application, related compatibility libraries or Content may require updates to, among other things, correct bugs, enhance features or install missing and/or new versions of plug-ins (collectively, “Updates”). These Updates may be required in order to use the Application. By agreeing to these Terms and using the Application, you agree to receive such Updates automatically. In some cases, Updates may be managed. However, if it is determined that the Update will address a critical security vulnerability or operational issue relating to the Content, or prevent abuse, the Update may be implemented regardless of the Update settings you have set on your Device.
10. As for the Use, any distribution, publication or promotion of the Application, or any of the content, code, data or materials therein, is strictly prohibited, unless the user duly credits teleSUR as the source. The user may download, report, display, publish, copy,reproduce, distribute, transmit, disseminate, transfer, create derivative works as long as it is in compliance with copyright law. User further agrees not to alter, edit, delete,remove, or in any way change the meaning, appearance, as well as change the purpose of any of the content, code, data or materials available through the Application, including, without limitation, the alteration or removal of any trademark, logo, service mark or any other intellectual property content. Moreover, User acknowledges that User does not acquire any ownership rights by downloading any copyrighted material through the Application. If you make any other use of the same, content, code, data or materials therein or available through the Application, other than as provided above, you may violate copyright and other laws of The Bolivarian Republic of Venezuela, as well as applicable state laws; and you may be subject to legal liability for such unauthorized use.
11. In connection with your use of the Application and/or the services made available to you or through the Application, you may be asked to provide certain personalized information (“User Information”). Telesur’s information collection and use policies with respect to the privacy of such Information are set forth in the Application’s Privacy Policy,which is incorporated herein by reference for all purposes. User acknowledges and agrees to be solely responsible for the accuracy of the content of the User Information.
12. Unless specifically requested, Telesur does not require receipt of any confidential,secret or proprietary information or other material from the user through the Application,by e-mail or otherwise. All information, creative work, demonstrations, ideas,suggestions, concepts, methods, systems, designs, plans, techniques or other materials that have been submitted (including, for example and without limitation, that which you submit or send to our chat groups, message boards, to our blogs, or via email)(“Submitted Materials”) shall be deemed to be non-confidential or secret and may be used by Telesur in any manner consistent with the Application’s Privacy Policy. By submitting Submitted Materials to us, you: (i) represents and warrants that the Submitted Materials are original to you, that no other person has any rights in them, and that any rights therein have been waived, (ii) grants, to us, royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully transferable right and license, which may be granted to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate into other works (in whole or in part) in any form, media or technology now known or hereafter developed, including for promotional and/or commercial purposes. Telesur may not be responsible for maintaining any Submission you provide and may delete or destroy any Submission at any time.
13. Regarding the use of hyperlinks (“links”): As mentioned in these Terms of Use, the Application contains or may contain links or “links” to other websites or applications operated by natural or legal persons other than Telesur. It is reiterated that such links have been provided solely and exclusively for the convenience of users. Telesur has not investigated and is not informed of the content, origin or operation of the pages to which the links refer and for this reason is not responsible for the content and procedures used in such pages and the use that third parties may make of them, even if they have accessed them through the Application, such use being at the sole and exclusive risk of the user. It is strictly forbidden, within the Application, to publish, transmit, download or link any material with vulgar, obscene, illegal or offensive content in any form, under penalty of being removed from the system and being subject to the applicable legal actions.
14. Regarding Computer Crimes that may be incurred: Telesur will make its best security efforts to maintain the integrity of the Application, in order to comply with the provisions of any Conditions, Policies and Legal Terms. However, and given the technical complexity of the medium, Telesur is not responsible, and in this sense, the user accepts and exonerates it, of any damage that may be caused to a third party, derived from the illegal or illegitimate manipulation of Telesur’s computer systems, to the detriment of the trust and/or good faith of the public user, in such sense, Telesur urges users to notify through the contact, of any abnormality in the functioning or operation of the Application.
15. General Disclaimer of Liability: The user of this Application releases Telesur from all liability for any loss, damage, expense or cost, including attorney’s fees, arising from the violation of any of the laws in force related to the Application and with the General Conditions of Use, Policies and Legal Terms of the same.
16. Telesur’s inactivity in the exercise of any of the rights to which it is entitled shall not be construed or construed as a waiver, either partial or total, of the legal actions to which it is entitled.
17. Partial Nullity: In the event that any clause of the General Conditions of Use, Policies and/or Legal Terms of this mobile application is declared null and void by a Competent Authority, the rest of the Clauses will remain in full force and effect.
18. Regarding notifications: Telesur may validly notify users of the Application about any subject related to the service it provides through any section of said page, by means of e-mail, if available, or through the user’s address held by Telesur, at the user’s free choice.
19. The Conditions of Use and Policies of this Application shall be interpreted, in all its parts, by the Special Law Against Computer Crimes, Law on Data Messages and Electronic Signatures, other laws that regulate the matter and the Constitution of the Bolivarian Republic of Venezuela.
20. Procedural or legal domicile: For all legal effects derived from the use of this Application, the City of Caracas, Bolivarian Republic of Venezuela is chosen as domicile,to the Jurisdiction of whose courts the parties declare to be submitted.
In Caracas on the Twelfth (12th) day of June, 2.024
PATRICIA VILLEGAS
CHAIRWOMAN
LA NUEVA TELEVISIÓN DEL SUR, C.A. TVSUR