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, added values, etc.), codes, data and materials, the appearance and environment, the design and organization of the Website, the compilation of the contents, codes, data and materials on the Website, including but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property, property rights of the same, and in general of the entire Website. The use of the Website does not grant you ownership of any of the content, codes, data or materials that you can access on or through the Website.
2. Limited License. You can (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, and (ii) make individual copies or printouts of the content of the Website for your personal, internal use only. As a result of the foregoing, the use of the Website and the services offered on or through the Website are for your personal, non-commercial use only.
3. Prohibited Use. Any distribution, publication or commercial or promotional exploitation of the Website, or of any of the content, codes, data or materials on the Website, is strictly prohibited, unless you have received prior express written permission from authorized MEX BUY personnel or any other applicable rights holder. Except as expressly permitted in this agreement, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or in any other way exploit any of the content, 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 content, codes, data or materials on or available through the Website, including, without limitation, the alteration or removal of any trademark, trademark, logo, service mark or any other proprietary content or notice of proprietary rights. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or of the content, codes, data or materials found there or that are available through the Website, other than as stated above, you may violate copyright 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, registered trademarks (together the “Trademarks”) displayed on the Website or in the content available through the Website are Trademarks of MEX BUY, registered and unregistered and others, and cannot be used with respect to products and/or services that are not related to, associated with or sponsored by their rights holders and that may cause confusion to customers, or in any way that denigrates or discredits their rights holders. All Trademarks other than MEX BUY that appear on the Website or on or through the services of the Website, if any, are the property of their respective owners. Nothing contained on the Website should be interpreted as granting, by implication, dismissal, 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 said Trademark. Misuse of the Trademarks displayed on the Website or on or through any of the Website's services 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 “User Information”). MEX BUY's policies for the use and collection of information regarding the privacy of such User Information are set out in the Website's Privacy Policy, which is incorporated therein as a reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy of the content of the User Information.
6. Presented Materials. Unless specifically requested, we do not ask for or want to receive any confidential, secret or proprietary information, or other material from you through the Website, by email or in any other way. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials that you send or submit to us (including, for example and without limitation, what you submit or send to our chat groups, message boards and/or our 'blogs', or that you send to us via email) (“Submitted Materials”) will be considered to be non-confidential or secret and may be used by us in any manner consistent with the Website's Privacy Policy. By submitting or sending us Submitted Materials, you: (i) represent and warrant that the Submitted Materials are your original, that no other person has any rights to them, and that any “moral right” in the Submitted Materials has been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, execute, display and incorporate into other works any of the Submitted Materials (all or in part) in any form, medium or technology not known or to be developed, including promotional and/or commercial purposes. We cannot be responsible for keeping any Submitted Material provided by you and we may delete or destroy such Submitted Material at any time.
7. Prohibited User Conduct. You guarantee and agree that, while using the Website and the various services and items offered on or through the Website, you will not: (a) personalize any person or entity or discredit your affiliation with any other person or entity; (b) insert your own advertisement, brand positioning or other promotional content or that of a third party in any of the content, materials or services or materials on the Website (for example, without limitation, in an RSS update or in a recorded radio program (podcast) received from MEX BUY or otherwise through the Website), nor will it use, redistribute, republish or exploit such content or services for any other additional commercial or promotional purpose; nor (c) will it attempt to gain unauthorized access to other computer systems through the Website. You will not: (i) participate in surfing the net, in “scraping the screen”, “scraping the database”, in collecting email addresses, wireless addresses or other personal or contact information, or any other automatic means of obtaining lists of users or other information from or through the Website or services offered on or through the Website, including, without limitation, any information found on any server or database related to the Website or the services offered on or through the Website; (ii) you will obtain or attempt to obtain unauthorized access to computer systems, materials or information by any means; (iii) you will use the Website or the services made available on or through the Website in any way with the intention of interrupting, damaging, disabling, overloading or deteriorating the Website or such services, including, without limitation, sending unsolicited mass messages or “flooding” servers with requests; (iv) you will use the Website or the services or items of the Website in violation of the intellectual property or other legal or property rights of MEX BUY or any third party; nor (v) will you use the Website or the services of the Website 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 with the services of the Website, or with any content therein, or to make any unauthorized use of it. You agree not to use the Website in any way that could damage, disable, overload or impair the Website or interfere with anyone else's ability to use or enjoy the Website or any of its services. You will not obtain or attempt to obtain any material or information through any means that has not been intentionally stipulated or made available to the public through the Website.
8. Public Forums. MEX BUY may, from time to time, have messaging services, chat services, newsboards, blogs, other forums and other services available on or through the Website. In addition to any other regulations and regulations that we may publish with respect to a particular service, you agree not to upload, report, transmit, distribute or otherwise publish through the Website or any service or item 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 services of the Website, (ii) is fraudulent, illegal, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar,, 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, copyrights, trademarks, trade secrets, confidentiality, contracts, patents, rights of privacy or publicity or any other property right, (v) contains a virus, element of espionage 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 facts. You also agree not to impersonate any other person or entity, whether real or fictitious, including any person from MEX BUY. You also cannot offer to buy or sell any product or service on or through your comments submitted in our forums. You alone are responsible for the content and consequences of any of your activities.
9. Right to Editorial Monitoring and Control. MEX BUY reserves the right, but has no obligation, to monitor and/or review all materials submitted to the Website or through the services or items of the Website 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 that is 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 in MEX BUY's sole discretion are objectionable or in violation of these Terms and Conditions of Use, MEX BUY policies or applicable law. We may also impose limits on certain forum articles or restrict your access to part or all of the forums without notice or sanction, if we believe that you are in breach of the guidelines set out 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 can be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which can be accessed for a long time and there is no control over who will eventually read them. It is therefore important that you be careful and 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, that link will open in a new browser window and will link to the full version of an HTML-formatted page of this Website. You are not allowed to link directly to any image stored on the Website or in our services, such as using an “in-line” link method to cause the image stored by us to be displayed on another website. You agree not to download or use images stored on this Web Site on another Web site, for any purpose, including, without limitation, posting such images on another Web site. 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 obfuscated by the content, materials or branding of any third party. We reserve all 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 we send you written notice.
12. Indemnity. You agree to compensate and release in peace and security MEX BUY, the directors, officers, employees, agents of MEX BUY and its subsidiaries, from any demand, liability, costs and expenses, of any nature, including attorneys' fees, that you may incur as a result of using the Website, your posting or transmission of any message, content, information, software or other materials through the Website, or your breach or violation 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 compensation from you, and in such case, you agree to cooperate with MEX BUY in the defense of such claim.
13. Product and Service Orders. We may make certain products available to visitors and registered users of the Website. If you order any product, you hereby represent and warrant that you are 18 years of age or older. You agree to pay the full price of any purchase you make, either by credit/debit card concurrent with your online order or by another payment method acceptable 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 are obligated to pay all amounts due at the time of the claim by us. 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 can link the Website to third party websites and third parties can link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for 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 those websites or of 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 Site does not imply the endorsement, sponsorship or recommendation of that Website, MEX BUY rejects any responsibility for links (1) from another Web site to this Web Site and (2) to another Web site on this Web Site. 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 those sites, or for any subsequent link. MEX BUY does not represent or guarantee that the contents of any third party's website are accurate, that they comply with state or federal law, or that they comply with copyright or other intellectual property laws. MEX BUY is not responsible for any form of transmission received from any linked website. Any trust placed in the contents of a third party website is at your own risk and you assume all responsibilities and consequences that result from such trust.
15. Copyright Agent. In the event that any User or a third party considers that any of the Content has been entered 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 the personal data of the owner of the allegedly infringed intellectual property rights or of the person authorized by right to act in name and account of the owner of the intellectual property rights allegedly infringed; (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 entry of the indicated Contents was made without the consent of the owner 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 your intellectual property rights. These notifications must be sent to: BELISARIO DOMINGUEZ NUMBER 2376 COLONIA OBISPADO MONTERREY TELEPHONE (81) 5000.8900 If the letter and information provided show that a person's intellectual right is being violated, MEX BUY will immediately suspend public access to the respective information, and will make it available to its owner.
16. Disclaimer of Warranties. The Website, including, without limitation, all services, content, functions and materials provided through the Website, are provided “as is”, “as made available”, without warranty of any kind, either express or implied, including, without limitation, any warranty of information, data, data processing services, unlimited or uninterrupted access, any warranty with respect to availability, interpretability, non-interpretability, accuracy, correctness, perfection, conclusion, usefulness, or content of the information, and any warranty of title, non-infringement, merchantability, or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not guarantee that the website or the services, content, functions or materials provided through the website will be timely, secure, uninterrupted or error-free, or that defects will be corrected. We do not guarantee that the website or that the services provided will meet the requirements of the users. No advice, results or information, whether oral or written, that you obtain from us through the website will create any warranty that has not been expressly stated herein. MEX BUY also assumes no responsibility, and will not be responsible for any damage to, or for any virus that may infect your computer because of your access to, use of, or browsing the website or for downloading any of the materials, data, text, images, video content or audio content from the website. If you are not satisfied with the website, your only remedy is to discontinue using the website.
17. Limit of liability. In no case, including but not limited to negligence, will MEX BUY, or any of its directors, officers, employees, agents or suppliers, be responsible for the content or services (together, the “protected entities”) for any direct, indirect, special, incidental, consequential, exemplary or punitive damages resulting from, or directly or indirectly related to, the use of, or the inability to use the website or the contents, materials and functions related to it, your provision of information via the website, business lost or lost sales, even if the 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 indirect damages, so some of the above limitations do not apply to some users. Under no circumstances will protected entities be responsible for or in relation to any content published, transmitted, exchanged or received by or on behalf of any user or other person on or through the website. In no case should the total sum of the liabilities of the protected entities to you, for all damages, losses and causes of criminal action (whether in contract or tort, including but not limited to negligence or otherwise) resulting from 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 for the purchase of products via the website.
18. Photosensitive Attacks. A very small percentage of people may experience an attack when exposed to certain visual images, such as flashing lights or drawings that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These attacks have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, twitching of the eyes or face, altered vision, or jerking or shaking of arms or legs. If you experience any of the above symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.
19. Validity. The provision of the Website service and the other Services has an indefinite duration, however the customer must cover annually the cost corresponding to the license and/or complementary services purchased as a whole or individually. However, MEX BUY may terminate, suspend or interrupt at any time prior notice you make through the website, the provision of its services and/or any of the Services (including Open User Services).
20. Applicable law and jurisdiction. For the interpretation, compliance and execution of these Terms and Conditions of Use of the Website, MEX BUY and the User agree that they submit to the jurisdiction of the competent courts in the City of Monterrey, Nuevo León, waiving any jurisdiction that may apply to them by virtue of their current or future domiciles or for any other reason and that they will be governed by the applicable provisions of the laws of Mexico.
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