TERMS AND CONDITIONS OF USE OF WWW.YAELTEX.COM SITE
This document must be read carefully before deciding to use the services of this web page.
Welcome to the website WWW.YAELTEX.COM (hereinafter, the SITE) of YTX SUR SRL. (hereinafter, YAELTEX).
You can only complete the registration process as a user of the SITE (hereinafter, the USER) if you accept and consent to the T & C and the POLICY by clicking on the corresponding part of the registration form.
The present TyC and the POLICY can be modified at any time and without prior notice.
YAELTEX reserves the right to cancel the account to any USER and/or modify its content and to delete or edit the content of the SITE at its sole discretion.
1.FUNCTIONING OF THE SITE
1.1 The SITE is intended for the design and/or sale of tools to control software or compatible hardware. Specifically, the SITE allows:
- i) Design and buy CUSTOM CONTROLLERS, a blank canvas in which you can imagine and decide how you want your controller to be, from the type of controls to the printing of the front and layout.
- ii) Buy MIDI controllers designed by YAELTEX or by other USERS of the platform.
iii) Buy DIY ELECTRONICS products.
1.2 The SITE works as it is, with all its faults and according to its availability, for which YAELTEX does not guarantee of any kind and it is the USER who uses the SITE at his own risk.
1.3 YAELTEX has the faculty and the right to select, reject, remove, modify, interrupt, suspend, cancel and terminate the access or availability of the SITE as well as the eventual interactive functions, applications, utilities and services (hereinafter, the SERVICES) and the content that YAELTEX makes available to the USER through the SITE and the form or conditions in which they are provided, accessed, presented and located on the SITE for technical, legal, application of the T & C and POLICY or opportunity and convenience without prior notification and without generating any compensation in favor of the USER.
2.OPERATIONS THROUGH THE SITE // SHIPPING
2.1 The USERS that operate through the SITE to acquire a CUSTOM CONTROLLER may design their MIDI controller according to the options and variables available on the SITE. The intellectual property of the CUSTOM CONTROLLER design chosen by the USER belongs exclusively to YAELTEX. The model of any CUSTOM CONTROLLER may be replicated as it was designed or with aesthetic and functional modifications to promote, sell an equal or a modified one and for any other purpose. In any case, the USER gives free, worldwide, unrestricted, express, total, irrevocable and without time limit to YAELTEX, all the rights of which it was owner and/or that could correspond on the CUSTOM CONTROLLER, including without limitation the use, reproduction, reprinting, adaptation, editing, modification, preparation of derivative works, transport, storage, communication, representation and public dissemination, in any medium or support created or created.
2.2 The use of patented logos or trademarks in the design of the CUSTOM CONTROLLERS and the rest of the PRODUCTS is not allowed. In case of being included by the USER, it will be the USER who will be exclusively responsible for its use and the repercussions that could happen. All the fonts and images used on the SITE are under Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license.
2.3 YAELTEX reserves the right to reject designs and proposals of CUSTOM CONTROLLERS if it considers it necessary or if the design does not comply with the design rules of the SITE.
2.4 YAELTEX estimates a shipping time span of 10 (ten) to 15 (fifteen) business days in Argentine and 15 (fifteen) to 25 (twenty five) worldwide for the delivery of all its PRODUCTS. These time spans starts with the payment of 100% of the price of the PRODUCT and the design confirmation by the USER.
In any case, the USER accepts and declares that it knows that there may be causes beyond YAELTEX that delay the shipment of the PRODUCTS. In this case, the USER undertakes not to make any claim to YAELTEX for a delay in the delivery of any of its PRODUCTS.
2.5 The transportation and shipping services are not operated by YAELTEX, so the USER fully releases YAELTEX for the responsibility on any deterioration, loss or damage that may have been generated to your PRODUCT in the transportation and shipping process. Consequently, the USER will claim exclusively to the carrier the damages that any of said circumstances could have generated.
2.6 The USER must verify the state of the PRODUCTS at the time of delivery. If the USER accepts the PRODUCTS, this implies the acceptance and full compliance with the status of it.
2.7 The USER declares and accepts that the acquisition of PRODUCTS through the SITE is an acquisition based on PRODUCT images, videos and descriptions, and that the products publications are a sufficient and representative sample of the corresponding PRODUCTS, this is why the USER cannot refuse the reception of the PRODUCTS considering that do not fit it samples.
3.WARRANTY AND SUPPORT
3.1 YAELTEX CUSTOM CONTROLLERS comes with one (1) year limited warranty for manufacturing defects, starting from the date of the original purchase. This warranty is transferable to other owners in case the PRODUCT be resold during the warranty period. In any case that the equipment presents a defect due to the proper use of the PRODUCT, YAELTEX offers a technical service that will be quoted according to the work to be performed.
3.2 The rest of the PRODUCTS that are not included in the previous clause, will have a guarantee of (1) year.
4.USE OF THE SITE AND CONTENTS BY THE USER
4.1 The USER will not carry out or promote any of the following actions or behavior on or through the SITE: i) illicit activities; ii) dissemination, publication, distribution or dissemination of illegal content, messages, information or propaganda, such as those that have racist, xenophobic or discriminatory contents or connotations for reasons of race, religion, sexual preferences or tendencies or political opinions, or advocacy of crimes, terrorism, violations of human rights, pornographic, obscene, affect the rights or identity of minors or defamatory, as well as defame, insult, harass, stalk, threaten or otherwise violate the rights of third parties or moral and good manners; iii) alter, modify, interfere or interrupt or damage the SITE, the contents, the SERVICES, the computer equipment, computer programs or telecommunications equipment and systems and data distribution, whether from YAELTEX, its USERS or its suppliers in any way or by any means and, in general, to perform any conduct that affects or harms the interests of YAELTEX or the USERS in any way; iv) introduce or disseminate computer viruses, Trojans, bugs, spyware, malware or any type of file, program or data that may cause damage of any kind and in any property or property on the SITE or the contents; v) use or launch any automated system, including, without limitation, robots, “spiders”, “offline readers” or any other system to access the SITE, the contents or the SERVICES in a way that generates traffic with the the servers of YAELTEX that exceeds what a user could reasonably produce under normal and habitual conditions of use and navigation of the SITE; vi) Collect or obtain from the SITE personally identifiable information of other users or use the communication systems available on the SITE to contact other users for commercial purposes, except for what is eventually expressly authorized by YAELTEX; vii) Access the SITE, the contents or the SERVICES using technologies and / or means other than those used and authorized by YAELTEX.
4.3 YAELTEX authorizes search engines to use programs or similar devices for the sole purpose of indexing the SITE and the contents for the purpose of their search by the users of those engines. YAELTEX reserves the right to revoke this authorization at the time and with the scope that YAELTEX deems necessary.
4.4 The USER accepts that YAELTEX downloads and installs computer programs from the SITE and the SERVICES, in order to improve, optimize and develop the use or access to the SITE, the SERIES, and the contents.
5.SITE LINKS TO AND FROM THIRD PARTY SITES
5.1 The SITE may contain links or links to or from Internet sites that are owned or controlled by third parties and that are alien to YAELTEX (hereinafter, the THIRD PARTY SITES). The USER accepts and understands that YAELTEX has no control over the THIRD PARTY SITES or its contents and, consequently, YAELTEX does not guarantee or represent or assume any responsibility for the content, services, terms and conditions of use, privacy policies or practices of THIRD PARTY SITES.
5.2 YAELTEX prohibits the submission of any part of the SITE in a window of a THIRD PARTY SITE and the insertion of content through THIRD PARTY SITES that has not been previously and expressly authorized by YAELTEX in writing.
5.3 YAELTEX authorizes the establishment of hypertext links or links from THIRD PARTY SITES to the SITE or to any part of the SITE, provided that the corresponding SITE pages appear in a complete window and under their respective IP addresses and with a prior written authorization of YAELTEX. The owner or responsible of the THIRD PARTY SITE that establishes the hyperlink or deep-link assumes the total responsibility and risk for it.
6.LIMITATIONS ON THE RESPONSIBILITY OF YAELTEX
6.1 YAELTEX wil,l in no case be responsible for the information, data, opinions, and concepts that the USERS emit, publish or distribute directly or indirectly through the SITE or by those that emit, publish or distribute through the THIRD PARTY SITES.
6.2 YAELTEX uses antivirus and protection against viruses, bugs, Trojans, malware, spyware and other risks on the Internet (hereinafter, the RISKS). However, this could not be enough and does not relieve the USER of the responsibility of having its own protection methods for safe navigation, access and use of Internet sites. Therefore, YAELTEX is not responsible for damages caused by RISKS or any other damage derived from the access and use of the SITE, contents or SERVICES. YAELTEX does not assume any responsibility for the access or unauthorized use of the servers used for the hosting of the SITE, the contents, the SERVICES and the data of the USERS by third parties.
6.3 YAELTEX will not be responsible for the comments that the USERS or visitors of the SITE make about the OBJECTS or in the PUBLICATIONS or on other sites or social networks.
7.POLICY ON INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
7.1 YAELTEX is the exclusive owner of all rights on the SITE. All PRODUCTS and SERVICES and the distinctive signs used on the SITE (including, but not limited to data, texts, trademarks, icons, musical and audiovisual works, images, design or “look and feel” of the SITE, databases, indexes, computer programs, other computer applications, advertising or promotional material and all other works in general, hereinafter, the RIGHTS) are the property of YAELTEX or are used with the corresponding license or authorization of their respective owners of the rights of intellectual or industrial property (hereinafter, the RIGHTS HOLDERS). Therefore, the USER acknowledges and accepts that YAELTEX and the RIGHTS HOLDERS, are the owners of all the rights, titles and interests on the SITE, the SERVICES and the contents, independently of the circumstances on their registration or deposit or the jurisdiction in which they have been started to be used, exploited or have been deposited or registered and that the use of or access to said SERVICES, contents -the RIGHTS are owned by YAELTEX or RIGHTS HOLDERS- as established by the TyC. The use and access to the SITE, the SERVICES, and the PRODUCTS do not attribute to the USER any license or faculty on the RIGHTS or the SITE, the SERVICES or the PRODUCTS, beyond the strictly necessary for the correct use of the SITE, the SERVICES, and the PRODUCTS.
7.2 The T & C establish the scope and limits within which the USER will use the RIGHTS. None of the provisions of the T & Cs can be interpreted as a license or authorization of use on the RIGHTS with an extension or scope greater than the T & C establish. Any right or faculty that has not been expressly conferred on the USER in the T & Cs is exclusive of YAELTEX, the RIGHTS HOLDERS or their respective licensees.
- NON-INFRINGEMENT AND/OR VIOLATION OF T & C
8.1 YAELTEX reserves the right to initiate all legal actions that by right correspond against any USER that breaches or violates the T & C or POLICY and to adopt the preliminary measures it deems necessary to remedy the situation (including, but not limited to suspension) or cancellation of the USER’s registration to operate on the SITE).
9.1 All requests, inquiries, complaints and, in general, any communication to YAELTEX must be sent via email to the following address: firstname.lastname@example.org
10.APPLICABLE LEGISLATION AND JURISDICTION
10.1 The T & C as well as the relationship between the USER and YAELTEX will be interpreted and will be governed by the laws of the Argentine Republic.
10.2 The USER accepts and agrees that the use of the SITE, the SERVICES, and the PRODUCTS is prohibited in all those jurisdictions that do not recognize the validity of the T & Cs or that submit YAELTEX to a jurisdiction other than that agreed in this clause.
10.3 The USER and YAELTEX will submit to the jurisdiction of the Ordinary Commercial Courts of the City of Buenos Aires, to the exclusion of any other jurisdiction or jurisdiction that may correspond, in the case of any divergence related to the SITE, the SERVICES, and the products.
11.1 YAELTEX believes that all creation implies political and social manifestations that need to be taken with responsibility and maturity in order to make the world a better place. Considering the freedom proposed by the construction framework of our PRODUCTS and therefore the possibility of materializing (almost) anything, we believe that it is important to make clear certain attitudes that we support and others that we reserve the right to reject. You may or may not agree with them (hopefully we agree), but it is our responsibility as a public company to make them clear.
We defend freedom of expression in pursuit of an open and tolerant culture that helps make the world a place of peace and collective construction. We repudiate any discriminatory or racist message that we consider hurtful.
The current version of the TyC was developed on July 11, 2018.