Terms and Conditions
Schlep Media Corporation, located at 237 W 14th Street, D4, New York, NY 10011 (hereinafter “DKBZ”, “us”, “our” or “we”) offers access to a mobile application (the “Service” ) that allows you (hereinafter and without distinction “You”, “Your” or “User”) to access different contests (the “Content”) through the Internet on your mobile phone or other compatible device with Internet access . By registering, downloading, accessing and / or using the DKBZ application, or any of the functions or functionalities of the Service, you agree to enter into a binding agreement with us between the parties, and you agree and agree to comply with these Terms and Conditions. Therefore, you also acknowledge and accept that DKBZ treats your personal data in accordance with DKBZ's Privacy Notice, which can be found atwww.dekabeza.com (the "Privacy Notice"). When we refer to DKBZ in these Terms, we are also referring to all our business units and affiliates, including Schlep Media México, SAPI de CV, unless specifically stated otherwise.
These Terms and Conditions describe the conditions under which the Service is available to you and replace the previously agreed terms and conditions previously. Accepting them is a requirement for accessing and using the Service. By accepting them, you agree and accept that DKBZ may terminate this agreement or suspend your access to the Service or the Content at any time and without prior notice when you do not comply with any of the provisions described in these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not use the Service or access or consume any Content provided by DKBZ.
Depending on the Services and Content, there may be supplemental terms or rules, for example, regarding the rules for a particular contest. All the complementary terms, conditions or rules provided by DKBZ, are an integral part of these Terms and Conditions and, in case of conflict, will prevail over these Terms and Conditions. These Terms and Conditions, the DKBZ Privacy Notice and the additional and / or complementary DKBZ terms, conditions and rules will be hereinafter jointly referred to as the "Terms".
The current version of the Terms can be found at any time on the DKBZ website.
1. Registration. To subscribe and use the Services, you need to register and obtain an Account with us (an “Account”) and / or log in using third-party credentials such as Facebook, Twitter or another authentication mechanism (an “Account of third parties").
DKBZ assumes that your account information is complete, correct and true. However, you are solely responsible for the sufficiency and veracity of such information. Accepting the Terms and providing the information requested is a requirement for your access to the Content and the use of the Services. If you do not agree to the Terms, your only remedy is to stop using the Services. Any type of suspicion regarding the inaccuracy or outdated information requested from you, may result in the cancellation or suspension of your Account and / or the revocation of prizes.
All Accounts are personal, so it is strictly forbidden to use another person's Account or allow a third party to use your Account or your personal data. You can only have a single Account to use the Services. You are solely responsible for the activity that occurs in your account and for the security of the account password and login credentials.
All winners may be asked to provide updated details of their address and tax details (RFC). These details will be used to enable the Company to comply with applicable laws and regulations. The Company may share your data with the tax authorities, as described in the Privacy Notice. You are solely responsible for filing and paying applicable state and federal taxes on any earnings.
You are responsible for informing DKBZ of any changes in the data provided, especially your email address and telephone number. Any email or text message that DKBZ sends to your email address or telephone number will be considered received by you within two (2) days after sending it.
2. Age Limit and Eligibility. You represent and warrant (i) that you are at least eighteen (18) years of age and / or otherwise have authorization to enter into this agreement; (ii) be a resident of the country in which the Service is available to You; and (iii) agree to be bound by the Terms. If you do not meet these characteristics, please close your gutter and discontinue your use of the Services.
3. To subscribe to the Services, we may ask you to register to obtain an Account in the Services (an “Account”) or log in through the website, Facebook, Twitter or other authentication mechanism (a “Third Party Account”) You are solely responsible for the activity that occurs in your account and for the security of your account password and login credentials. The DKBZ Services offers an Entertainment Service through which, through a mobile application, you can access the Content from your mobile phone or through other devices accessible through the Internet through the DKBZ application. To use the Service, you must use a device connected to the Internet that complies with the technical requirements of DKBZ. Notwithstanding the foregoing, DKBZ reserves the right to modify the technical requirements for the use of the Service and to change, add or delete business partners and payment methods from time to time. DKBZ will use its best endeavors to notify you, by email or by means of push notifications within the Service, of any modification that may limit Your technical ability to use the Service. Said notification shall be sent no later than thirty (30) days before the effective date of said modification. DKBZ reserves the right, at any time, to add or remove a business partner and payment option without prior notice to you. DKBZ will use its best endeavors to notify you, by email or by means of push notifications within the Service, of any modification that may limit Your technical ability to use the Service. Said notification will be sent no later than thirty (30) days before the entry into force of said modification. DKBZ reserves the right, at any time, to add or remove a business partner and payment option without prior notice to you. DKBZ will use its best endeavors to notify you, by email or by means of push notifications within the Service, of any modification that may limit Your technical ability to use the Service. Said notification will be sent no later than thirty (30) days before the entry into force of said modification. DKBZ reserves the right, at any time, to add or remove a business partner and payment option without prior notice to you.
DKBZ reserves the right to remove, edit or modify or manipulate the Service, from time to time, and without giving prior notice.
5. The Content. The Content includes, among others, information; data; copyright, including texts; photos videos, animations, audio clips, written posts and comments, software, scripts, graphics, and generated interactive features; brands; patents; and personal data; provided or otherwise accessible through the Services.
DKBZ reserves the right to delete, edit or modify or manipulate the Content, from time to time, and without giving prior notice.
6. Intellectual Property. The Service is our property and contains copyright of its own and / or of our licensors or licensees. All trademarks, logos, trade names, images and other intellectual property rights contained in the Service or in the Content available to the User within the Service are our property, our licensors or licensees or any affiliated company. Unless specifically agreed in writing, no element of the Service or its content may be used or taken advantage of in any other way that is not part of the Service offered to the User under these conditions. The User may be the owner of the physical platforms on which the elements of the Service are delivered, but we retain full and complete ownership of the Service and the intellectual property rights within it. We do not transfer to the User the rights or ownership of any part of the Service or any part of the Content available within the Service. No element provided with a trademark owned or licensed by DKBZ should be construed, implicitly or otherwise, such as the granting of a license, the assignment to the User of a license or right of use of any registered trademark or copyright that is show on the Service.
7. Use of license. The Content offered and the Services may vary from time to time and between the different countries and regions where the Service is available. DKBZ does not guarantee that the Service and / or the Content will be available at all times.
You are hereby granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service and its Content, only for your personal, non-commercial use and only as indicated in these Terms. By accepting these Terms, you agree not to transform, copy, reproduce, duplicate, modify, create derivative works, show, publish, distribute, disclose, transmit, sell, rent, lend, sublicense or exploit in any way and with any purpose (commercial or otherwise), any part of the Content and / or the Service, without the express, prior and written consent of DKBZ.
You also acknowledge, guarantee and accept that you will not use the Services for any purpose that is prohibited by these Terms and Conditions, including (i) not to redistribute, evade or deactivate any protection system of the Service and / or the Content; (ii) not decode, decompile, reverse engineer, demonstrate or in any way reduce the capabilities and / or performance of the Service and / or Content; (iii) not to eliminate identifications, mentions of copyright or other notice regarding the ownership of the Service and / or Content; nor (iv) access or use the Service illegally or unauthorized or in a way that suggests an association with our products, services or brands.
8. Third Party Content and Links. The appearance of external hyperlinks or other elements generated by third parties and accessible from the Service, from our website or from any forum provided by DKBZ both inside and outside the Service, does not imply the approval by DKBZ or its affiliated companies of the opinions or points of view expressed by those third parties inside or outside their web pages or social media platforms. DKBZ does not verify, endorse or take responsibility for the accuracy, validity, integrity or quality of the Content of the websites of those third parties. Furthermore, DKBZ is not responsible for the quality or delivery of any product or service offered, accessed, obtained or advertised on the web pages or social media platforms of said third parties. So,
9. Termination. DKBZ may terminate your access to the Service or Content, in whole or in part, at any time, with or without cause, with or without notice, with immediate effect. Such termination may result in the loss and destruction of all information associated with the use of the Services. If you wish to cancel your Account, you can do so by following the instructions in the Services and subsequently removing the corresponding mobile application from your device. All the provisions of these Terms that by their nature should remain in force will remain in force, including, among others, any license regarding content generated by You, the provisions regarding the ownership of the Service and / or Content, the disclaimers of warranty, compensation and limitations of liability.
10. Compensation. You acknowledge and agree that you must defend, indemnify, and hold DKBZ, our affiliates, and each of their respective employees, contractors, directors, suppliers, and representatives harmless from all liabilities, claims, and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse or access to the Services, the Content or the content of third parties, the violation of these Terms or the infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to compensation from you, in which case you will assist and cooperate in asserting any available defense.
11. Guarantee. DKBZ makes no representations regarding any Content, and we will not be responsible for the accuracy, completeness, sufficiency, copyright compliance or legality of the Content. The views, comments and opinions of our hosts are their own and do not necessarily represent the views and opinions of DKBZ or its employees, and DKBZ assumes no responsibility for such content, accuracy or views or the opinions expressed by such hosts.
the services and content are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of ownership, non-infringement, merchantability and fitness for a particular purpose, and any implied warranties for any course of performance or use of commerce, all of which are expressly disclaimed. We and our directors, employees, agents, providers, partners and content providers do not guarantee that: (i) the services are secure or available at any time or place; (ii) that the services will be free of errors and that any defect or error will be corrected; (iii) any content or software available on or through the services is free of viruses or other harmful components; or (iv) the results of the use of the services will meet your requirements. the use of the services is exclusively at your own risk.
12. Limitation of liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR SUPPLIERS OF CONTENT, BE LIABLE UNDER CONTRACT, TORT, LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THOSE (OR WITHOUT ANY) LEGAL OR EQUITABLE WARRANTY WITH RESPECT TO ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT OF BENEFITS, LOSS OF DATA, COST OF ACQUISITION OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INDEPENDENT FROM WHICH THEY OCCUR), (II) DUE TO EROR (REGARDLESS OF THE SOURCE OF ORIGIN), OR (III) FOR ANY DIRECT DAMAGE THAT EXCEEDS (IN TOTAL) THE GREATER THAN (A) THE VALUE OF THE PRIZES YOU HAVE EARNED DURING THE THREE (3) MONTHS IMMEDIATELY PREVIOUSLY OR ( B) $ 50.00.
13. Assignment. DKBZ has the right to transfer or assign its rights and obligations, totally or partially, to third parties, in accordance with the Terms. DKBZ is also entitled to subcontract to third parties to fulfill its obligations under the Terms. Any of these changes that may affect the processing of Your personal data will be handled in accordance with the DKBZ Privacy Notice. Since the Accounts are personal, you have no right to transfer or assign any of your rights and obligations under these Terms, unless you have the prior written consent of DKBZ to do so.
14. Conciliation. In the event of a dispute between DKBZ and You, the parties must first attempt to resolve the dispute through a settlement agreement. If the parties do not reach an agreement, the controversy may be submitted to the Federal Attorney for Consumer Protection (PROFECO) in Mexico. Otherwise, the dispute will be resolved by a competent court as described in these Terms.
15. Applicable law and jurisdiction. These Terms and Conditions will be governed and interpreted in accordance with the laws of Mexico. You agree that any dispute arising out of or related to the object of these Terms and Conditions will be governed by the exclusive jurisdiction and place of the courts of Mexico.
16. Modification. To the maximum extent permitted by law and as described in these Terms, we reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or to change, suspend or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on our mobile application or by sending a notice through the Services, by email, or by any other means that DKBZ deems appropriate.While we will try to timely notify you prior to any changes, it is your responsibility to periodically review these Terms for changes. The continuous and repeated use of the Services constitutes your acceptance with these Terms and with any modification to them.
17. Contact. The Service is provided and made available by Schlep Media Corporation, located at 237 W 14th Street, D4, New York, NY 10011. To contact us, please send an email to the following address questions @ dekabeza.com
Last Updated: February 5, 2018
Schlep Media Corporation