TERMS AND CONDITIONS OF USE AND PRIVACY

The following terms and conditions (“Terms and Conditions”) govern your use of the website http://www.mexbuy.com (the “Website”) and any content available through or via this Website, including any derivative content. By using the Website, you fully and unreservedly agree to these Terms and Conditions of Use and Privacy. MEX BUY SA DE CV (“MEX BUY”) has provided you with this Website and its presented content, which may be subject to change, as well as the Terms and Conditions of Use, at any time without prior notice, solely by publishing the changes on the Website. If you do not agree to these Terms and Conditions, you cannot access or use the Website in any other way.

1. Property Rights. MEX BUY is the sole and exclusive owner of the rights to the titles, content (including, for example, audio, photographs, illustrations, graphics, other visual media, videos, copies, texts, software, titles, shockwave files, aggregated values, etc.), codes, data, and materials thereof, the look and feel, design and organization of the Website, the compilation of the content, codes, data, and materials on the Website, including but not limited to any copyrights, trademarks, patent rights, database rights, moral rights, sui generis rights, and other intellectual property rights, its related economic rights, and in general, the entire Website. The use of the Website does not grant you ownership of any of the contents, codes, data, or materials that you may access on or through the Website.
   

2. Limited License. You may (i) access and view the content of the Website from your computer or any other device and, unless otherwise indicated in these Terms and Conditions or on the Website, (ii) make individual copies or prints of the content of the Website for your personal, internal use only. As a result, the use of the Website and the services offered on or through the Website is for personal, non-commercial use only.

3. Prohibited Use. Any distribution, publication, or commercial or promotional exploitation of the Website, or any of the contents, codes, data, or materials on the Website, is strictly prohibited unless you have received prior express written permission from authorized MEX BUY staff or any other applicable rights holder. Except as expressly permitted in this agreement, you may not download, inform, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any of the contents, codes, data, or materials on or available through the Website. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the contents, codes, data, or materials on or available through the Website, including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark, or any other proprietary content or notice of rights. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make any other use of the Website or the contents, codes, data, or materials found or available through the Website, except as stipulated above, you may violate copyright laws and other laws of the United Mexican States (“Mexico”) and other countries, as well as applicable state laws, and may be subject to legal liability for such unauthorized use.

4. Trademarks. The trademarks, logos, service marks, trademarks (collectively, the “Trademarks”) displayed on the Website or in the contents available through the Website are Trademarks of MEX BUY, registered and unregistered, and others, and may not be used in connection with products and/or services that are not related, associated, or sponsored by their rights holders and that may cause confusion among customers, or in any way that disparages or discredits their rights holders. All Trademarks other than those of MEX BUY appearing on the Website or in or through the services of the Website, if any, are the property of their respective owners. Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of MEX BUY or third parties who may own such Trademark. The misuse of Trademarks displayed on the Website or in or through any of the services of the Website is strictly prohibited.

5. User Information. In the course of your use of the Website and/or the services made available to you on or through the Website, you may be asked to provide us with certain personalized information (such information hereinafter referred to as “User Information”). MEX BUY’s policies regarding the use and collection of information with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy of the content of the User Information.

6. Submitted Materials. Unless specifically requested, we do not solicit or desire to receive any confidential, secret, proprietary, or other material from you via the Website, email, or any other means. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials that you have submitted or presented to us (including, without limitation, those you submit or send to our chat groups, message boards, and/or blogs, or send us via email) (“Submitted Materials”) shall be deemed non-confidential or non-secret and may be used by us in any manner consistent with the Website’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other person has any rights to them, and that any “moral rights” in the Submitted Materials have been waived, and (ii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate (in whole or in part) any of the Submitted Materials in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be held responsible for retaining any Submitted Materials provided by you, and we may delete or destroy such Submitted Materials at any time.

7. Prohibited User Conduct. You warrant and agree that while using the Website and the various services and articles offered on or through the Website, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own advertisement, brand placement, or any other promotional content, or that of a third party, into any of the content, materials, or services of the Website (e.g., without limitation, in an RSS feed or recorded radio program (podcast) received from MEX BUY or otherwise through the Website), nor use, redistribute, republish, or exploit such content or services for any additional commercial or promotional purposes; nor (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in network scanning, screen scraping, database scraping, harvesting email addresses, wireless addresses, or other contact or personal information, or any other automated means of obtaining user lists or other information from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database related to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information by any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overload, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or materials in violation of MEX BUY’s or any third party’s intellectual property or other legal or proprietary rights; nor (v) use the Website or the Website’s services in violation of any applicable law. You further agree not to attempt (or encourage or support the attempt of another) to deceive, destroy, decode, or otherwise alter or interfere with the Website or its services, or with any of its content, or make any unauthorized use thereof. You agree not to use the Website in any manner that could damage, disable, overload, or impair the Website or interfere with any other person’s use or enjoyment of the Website or any of its services. You will not obtain or attempt to obtain any material or information through any means not intentionally made available to the public through the Website.

8. Public Forums. MEX BUY may, from time to time, have messaging services, chat services, bulletin boards, blogs, other forums, and other services available on or through the Website. In addition to any other rules and regulations that we may post regarding a particular service, you agree not to upload, post, transmit, distribute, or otherwise publish through the Website or any service or article made available on or through the Website, any material that (i) restricts or inhibits any other user from using and enjoying the Website or the Website’s services, (ii) is fraudulent, illegal, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, (iv) violates, plagiarizes, or infringes the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, privacy, or publicity rights, (v) contains a virus, spyware, or other harmful component, (vi) contains fixed links, advertisements, chain letters, or pyramid schemes of any kind, or (vii) constitutes or contains false or misleading indications of origin, endorsements, or statements of fact. You further agree not to impersonate any other person or entity, whether real or fictitious, including any person from MEX BUY. You also may not offer to buy or sell any product or service on or through your submitted comments in our forums. You are solely responsible for the content and consequences of any of your activities.

9. Right of Monitoring and Editorial Control. MEX BUY reserves the right, but not the obligation, to monitor and/or review all materials submitted to the Website or through the Website’s services or articles by users, and MEX BUY is not responsible for such materials submitted by users. However, MEX BUY reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, that, solely at the discretion of MEX BUY, are objectionable or in violation of these Terms and Conditions of Use, MEX BUY’s policies, or applicable law. We may also impose limits on certain forum features or restrict access to part or all of the forums without notice or penalty if we believe you are in violation of the guidelines set forth in this paragraph, our terms and conditions, or applicable law, or for any other reason without notice or liability.

10. Private or Sensitive Information in Public Forums. It is important to remember that comments submitted in a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which may be accessible for a long time and beyond our control as to who may eventually read them. Therefore, it is important that you exercise caution and be selective about the personal information you disclose about yourself and others, and, in particular, you should not disclose sensitive, proprietary, or confidential information in your comments in our public forums.

11. Links to the Website. You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of a formatted HTML page of this Website. You are not permitted to link directly to any image stored on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in such a way that the Website, or any page of the Website, is “framed,” surrounded, or obscured by the content, materials, or branding of any third party. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.

12. Indemnification. You agree to indemnify and hold harmless MEX BUY, its directors, officers, employees, agents, and affiliated companies, from any demand, liability, costs, and expenses, of any nature, including attorneys’ fees, incurred as a result of your use of the Website, your placement or transmission of any message, content, information, software, or other materials through the Website, or your violation or breach of the law or these Terms and Conditions. MEX BUY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MEX BUY in the defense of such demand.

13. Orders of Products and Services. We may make certain products available to visitors and registered users of the Website. If you order any product, by doing so you represent and warrant that you are 18 years of age or older. You agree to pay the full amount of the prices for any purchases you make, either by concurrent credit/debit card payment with your online order or by another acceptable payment method to MEX BUY. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon our demand. Some products that you purchase and/or download on or through the Website may be subject to additional terms and conditions that will be presented to you at the time of such purchase or download.

14. Third-Party Websites. You may link from the Website to third-party websites, and third parties may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertisements, codes, or other materials that may or may not be provided by or through the Linked Sites, even if they are owned or operated by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertisements, codes, or other materials presented on or through such websites. The inclusion of any link to such sites on our Website does not imply endorsement, sponsorship, or recommendation of that website. MEX BUY disclaims any liability for (1) any link from another website to this Website and (2) any link from this Website to another website. MEX BUY cannot guarantee the standards of any website to which links are provided on this Website, nor will MEX BUY be responsible for the contents of such sites or any subsequent links. MEX BUY does not represent or warrant that the contents of any third-party website are accurate, comply with state or federal law, or comply with copyright or other intellectual property laws. MEX BUY is also not responsible for any form of transmission received from any linked website. Any reliance on the contents of a third-party website is at your own risk, and you assume all responsibilities and consequences resulting from such reliance.

15. Copyright Agent. In the event that any User or third party believes that any of the Contents have been introduced on the Portal in violation of their intellectual property rights, they must send a letter to the Company containing the following elements: (a) personal data: name, address, telephone number, and email address of the claimant; (b) authentic or equivalent form, with personal data of the holder of the allegedly infringed intellectual property rights or the person authorized by law to act on behalf and for the account of the holder of the allegedly infringed intellectual property rights; (c) precise and complete indication of the Contents protected by the allegedly infringed intellectual property rights, as well as their location on the Portal; (d) express and clear statement that the introduction of the indicated Contents has been made without the consent of the holder, under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the contents constitutes a violation of their intellectual property rights.These notifications must be sent to:

    BELISARIO DOMINGUEZ NUMBER 2376 COLONIA OBISPADO MONTERREY

    PHONE (81)5000.8900

    If the letter and information provided indicate that someone’s intellectual property right is being violated, MEX BUY will immediately suspend public access to the respective information and make it available to the rightful owner.

     

16. Disclaimer of Warranties. The Website, including, without limitation, all services, content, features, and materials provided through the Website, are provided “as is,” “as available,” without warranty of any kind, whether express or implied, including, without limitation, any warranty of information, data, data processing services, unlimited or uninterrupted access, any warranty regarding availability, interpretability, non-interpretability, accuracy, precision, correctness, completeness, usefulness, or content of the information, and any warranty of title, non-infringement, merchantability, or fitness for a particular purpose, and hereby we disclaim all such warranties, express and implied. We do not warrant that the Website or the services, content, features, or materials provided through the Website will be timely, secure, uninterrupted, or error-free, or that any defects will be corrected. We do not warrant that the Website or the services provided will meet the requirements of users. No advice, results, or information, whether oral or written, obtained by you from us through the Website shall create any warranty not expressly stated herein. MEX BUY also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment due to your access to, use of, or browsing on the Website or the downloading of any materials, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website
    
    
17. Limitation of Liability. In no event, including but not limited to negligence, shall MEX BUY or any of its directors, officers, employees, agents, or suppliers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising out of or directly or indirectly related to the use of, or inability to use, the Website or the contents, materials, and functions related thereto, the provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Website. In no event shall the total liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising out of the terms and conditions or your use of the Website exceed the total amount, if any, paid by you to MEX BUY for the use of the Website or the purchase of products via the Website.
18. Photosensitive Attacks. A very small percentage of individuals may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even individuals without a history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” when viewing video games or other electronic content. These attacks have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, eye or facial twitching, altered vision, or jerking of arms or legs. If you experience any of the aforementioned symptoms, or if you or your family have a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.

     

19. Term. The provision of the Website service and other Services is of indefinite duration; however, the customer must annually cover the corresponding cost of the license and/or complementary services acquired together or individually. However, MEX BUY may terminate, suspend, or interrupt, at any time and without prior notice through the Website, the provision of the same services and/or any of the Services (including User-Accessible Services).

     

20. Applicable Law and Jurisdiction. For the interpretation, fulfillment, and enforcement of these Terms and Conditions of Website Use, MEX BUY and the User agree to submit to the jurisdiction of the competent courts in the City of Monterrey, Nuevo León, waiving any jurisdiction arising from their current or future places of residence or for any other reason, and they shall be governed by the applicable provisions of the laws of Mexico.