STANDARD FORM AGREEMENT FOR WEBSITE www.ia.com.mx ENTERED BETWEEN INTERNET ARCHITECTS CONSULTING, S.C., HEREIN AFTER “IA INTERACTIVE” AND IN OTHER HAND BY THE USER, HEREINAFTER REFERRED AS “THE USERS OR USER”, BOTH PARTIES SUBJECTED TO TEXT OF THIS AGREEMENT.
1.- FOR THE ACCESS AND USE OF THIS WEBSITE, WHICH DOMAIN NAME IS: www.ia.com.mx WHO’S OWNER IS IA INTERACTIVE, YOU (THE USER) ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND YOU EXPRESSLY DECLARE YOUR ACCEPTANCE, USING FOR THIS PURPOSE ELECTRONIC MEDIA, AS STATED IN TERMS OF THE ARTICLES 1803 1834 BIS OF THE MEXICAN FEDERAL CIVIL CODE, AND OTHER RELATED AND APPLICABLE IN LAW.
2.- IF THE USER DOES NOT ABSOLUTELY AND COMPLETELY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, HE SHOULD REFRAIN FROM ACCESSING, USING AND WATCHING www.ia.com.mx
3.- IN THE CASE THAT THE USER CONTINUES WITH THE USE OF www.ia.com.mx SUCH ACTION SHALL BE DEEMED AS HIS ABSOLUTE AND EXPRESS ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN STATED.
4.- THE SOLE USE OF THE WEBSITE GIVES TO THE PUBLIC USER (HEREINAFTER REFERRED AS TO THE “USER” OR THE “USERS”) AND IMPLIES THE COMPLETE AND UNCONDITIONAL ACCEPTANCE OF EACH AND EVERY ONE OF THE GENERAL AND PARTICULAR PROVISIONS INCLUDED IN VERSION OF THESE USE TERMS THAT IS PUBLISHED BY IA INTERACTIVE, IN THE EXACT TIME IN WHICH THE USER ACCESSES TO THE WEBSITE IA INTERACTIVE, WHEN CONSIDERING IT APPROPRIATE COULD MAKE ANY AMENDMENTS OR MODIFICATIONS TO THESE USE TERMS, BEING THE SOLE RESPONSIBILITY OF THE USER TO ASSURE THE ACKNOWLEDGEMENT OF SUCH MODIFICATIONS.
THE PARTIES HEREIN AGREE THAT THERE IS NO ERROR, FRAUD, BAD FAITH OR ANY OTHER DEFECT WHATSOEVER THAT MAY NULLIFY THE VALIDITY OF THIS AGREEMENT, BOTH AGREEING TO BE SUBJECTED TO WHAT IT IS FORTH IN THE FOLLOWING:
1.1. As for the entering of this agreement, IA INTERACTIVE awards and grants to the User the non-exclusive, revocable, non-transferable right to watch and use www.ia.com.mx in accordance with the terms and conditions forth in this Agreement.
1.2. For purposes of this agreement, the parties agree that for User or Users, it will be understood any person or legal entity that accesses www.ia.com.mx and/or any sub websites (sub domains) that display its content and/or any person or legal entity that signs in and /or uses any of the services offered through this Website.
1.3. El Usuario sólo podrá imprimir y/o copiar cualquier información contenida o publicada en www.ia.com.mx for its sole personal use, excluding in any ways the commercial use of the aforementioned information. In case of the User being a legal entity, it would be subjected to article 148 part IV of the Mexican Federal Copyright Law. Herein, we remind the User that all photographs, pictures, applied art works and their catalogs are duly protected in terms of the Intellectual Property Legislation and are owner by their respective owners and that IA INTERACTIVE may have used images owned by third parties, so that the property of these correspond to their respective owners and are not used in terms of the article 62 of the Industrial Property Law Regulations.
1.4. The reprinting, republishing, distribution, assignment, sublicense, sale, electronic reproduction or by any other means of any information, document, graphic or of any contents that appears on www.ia.com.mx for any use other than non-commercial and personal, is expressly forbidden to the User, unless IA INTERACTIVE, has given its prior written authorization.2. Website Use Rules www.ia.com.mx
Regardless of the other obligations that are contained in the full text of this Agreement, the User and IA INTERACTIVE, agree that the use of www.ia.com.mx will be subjected to the following rules:
2.1. To engage the services of IA INTERACTIVE, policies and conditions for engaging its services are in the services provision agreement available to its Users.
2.2. Contained information at www.ia.com.mx: User acknowledges and agrees that the information published or contained in www.ia.com.mx created or generated by IA INTERACTIVE or by its suppliers, it´s Users and / or its professionals will be clearly identifiable so as to recognize that it comes from IA INTERACTIVE, its suppliers, users and artists.
2.3. The information, advices, ideas and opinions published at www.ia.com.mx not necessarily reflect the position and/or opinion of IA INTERACTIVE or its employees, officers, directors, shareholders, licensees and distributors (hereinafter “Affiliates”). For this reason, IA INTERACTIVE is not responsible for any information, advice, opinions and concepts that are issued in www.ia.com.mx. Also, www.ia.com.mx holds no responsibility for the information contained on the website, including sub-pages, with the understanding that it is at the User´s own risk and responsibility the use and monitoring of such. However, if some of the content will directly affect users or third parties, they may request that it be dropped from the website, according to the procedure set out in section 5.9.
2.4. IA INTERACTIVE reserves the right to wholly or partially block and/or remove all information, communications or materials that in its sole discretion it considers it to be: (i) abusive, defamatory or obscene, (ii) fraudulent, artificial or misleading, (iii) in violation of copyrights, trademarks, confidentiality, trade or industrial secrets or intellectual property rights of a third party, (iv) offensive or (v) in any way contravenes the provisions of this Agreement.
2.5. The User acknowledges that IA INTERACTIVE does not previously control or censor the content available on the Website, understanding for content the tips, advices, recommendations and opinions generated by professionals and / or Users. Therefore, IA INTERACTIVE assumes neither responsibility nor liability for the content provided by independent outside providers of IA INTERACTIVE in the Website.
Under no circumstances, IA INTERACTIVE will be responsible or liable for any direct or indirect damage and / or injury caused by the confidence given to the User regarding information obtained through this Website.
2.6. IA INTERACTIVE reserves the right to delete or modify the contents of the Website that, in the solely opinion of IA INTERACTIVE does not comply with IA INTERACTIVE'S standards or may be contrary to the existing law. IA INTERACTIVEwill not be responsible or liable for any generated failure or delay in removing such material.3. Privacy notice in the use of information and database
3.1. Through www.ia.com.mx it can be obtained some information from the User, supplier, artist that can be compiled and fixed in a database for which IA INTERACTIVE publishes its "Privacy Notice" in the site www.ia.com.mx/Privacy which should be consulted in case of doubts regarding the processing of personal data by IA INTERACTIVE.
3.2. If IA INTERACTIVE decides to change its Privacy Notice, will announce these changes in www.ia.com.mx, so the User will always know what information is collected, how it could be used and whether it will be disclosed to anyone.4. Formats
4.1. Users acknowledge that when providing personal information required in any of the services provided on this web site, they grant to IA INTERACTIVE the authorization referred to in Article 109 of the Mexican Federal Copyright Law.
4.2. Users acknowledge and agree that the information they provide will be correct and, if there is any wrong, inappropriate or false information provided to IA INTERACTIVE, that take the User to do one thing and / or obtaining an undue profit, he would be committing unlawful conduct, so from now IA INTERACTIVE reserves the right to initiate actions that may apply to the competent authorities.
4.3. In all cases, users will answer, under oath, of the accuracy of the information provided to IA INTERACTIVE, bringing it harmless for any information provided by User of false or incorrect way, or, when he has no right or entitlement to do so.
4.4. It is understood that it is up to the User, to provide personal information to IA INTERACTIVE. Therefore, the User is responsible for the accuracy and reliability of the information. If the User decides to send personal information through means arranged to this effect, the User, based on the provisions of Article 76a of the Federal Consumer Protection ACT electronically expressly consents IA INTERACTIVE to share his information with third parties. The User declares that he is not registered in the Public Registry of Consumers of the Federal Consumer Protection, and in case of being registered in it, for the purposes of Articles 16, 18 and 18bis of the Federal Law Consumer Protection, the User, hereby, expressly consents to receive information and acceptance of character or marketing or advertising purposes. Similarly, the User authorizes IA INTERACTIVE, the more widely legally appropriate to use Personal Information to: (1) resolve disputes or disputes related to violations www.ia.com.mx and present Agreement; (2) to enable IA INTERACTIVE to operate correctly; and (3) where the law so requires. The User authorizes IA INTERACTIVE, the more broadly than legally required, as well as suppliers and consultants (as defined below) and other third parties with whom to hire, to use Personal Information and aggregated the User (including without limitation, information on the number of times he has seen and / or entered links from other sites or Web sites you through advertisements and other information published in www.ia.com.mx.5. Copyrights and Industrial Property
5.1. IA INTERACTIVE, www.ia.com.mx and their logos and all material displayed on the referred website, including trademarks, domain names and / or trade names are in the name of their respective owners and protected by intellectual property and copyright´s international treaties and applicable laws.
5.2. The copyrights on the content, organization, collection, compilation, information, logos, photographs, images, software, applications or in general any information contained or published in www.ia.com.mx is adequately protected in the name of IA INTERACTIVE its Affiliates, Suppliers and / or of their respective owners, in accordance with the intellectual property legislation.
5.3. User is expressly prohibited to wholly or partially modify, alter or delete the notices, trademarks, trade names, signs, banners, logos, or generally any indication referring to the ownership of information contained www.ia.com.mx.
5.4. If the User transmits to IA INTERACTIVE any information, applications, software or in general any material required to be licensed through www.ia.com.mx herein the User grants to IA INTERACTIVE a perpetual, universal, free, nonexclusive, worldwide, royalty-free license that includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display, and publicly perform such information. It is not interpreted in this sense the information from other Web sites for which IA INTERACTIVE refers with purely informational purposes.
5.5. The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to IA INTERACTIVE (including without any limitation, the ideas to renew, renovate or improve the site www.ia.com.mx, whether these were included in any place at www.ia.com.mx, or by other known transmission means or modes or are developed in the future.
5.6. As for the after mentioned, herein the User expressly resigns to the intent of any action, suit or claim against IA INTERACTIVE, its Affiliates or Suppliers for any actual or possible violation or infringement of any copyright or intellectual property right derived from the information, programs, applications, software, ideas and other material that the User sends www.ia.com.mx.
5.7. The User is solely responsible for the content he posts within www.ia.com.mx, and claiming to be the owner of the economic rights over it or have permission from their rightful owner to include it in www.ia.com.mx. Therefore, it undertakes to make IA INTERACTIVE harmless of any claim, complaint, claim or complaint under any third start of originality or ownership of such content.
5.8. As required by the applicable law and other applicable intellectual property laws, it is our policy to act against Intellectual Property violations or infringements that could be generated, including removing or disabling access to material that is subject of activities that infringe third-parties´ intellectual property rights.
5.9. In the case that any User or third party considers that any of the Contents displayed or introduced into www.ia.com.mx, and / or in any of its Services, violate or infringe their intellectual property rights, the User should send a notification to www.ia.com.mx, o the address shown in the following paragraph indicating at least: (i) true personal data (name, address, phone number and email address of the claimant), (ii) the signature with the personal data of the owner of intellectual property rights, (iii) complete and accurate indication of the Protected Content in which supposedly there is a violation of Intellectual Property rights and its location in www.ia.com.mx, (iv) a clear and express declaration stating that the inclusion of the indicated Content was performed without the consent of the owner of the allegedly infringed intellectual property rights, (v) an express, clear and under the responsibility of the claimant statement, declaring that the information provided in the notification is accurate and that the inclusion of the Contents constitute a violation of their intellectual property rights.
In order to report any infringement of the contents of the website, please send an email to email@example.com, to the attention of IA INTERACTIVE'S team.6. User´s Conduct
IA INTERACTIVE, seeks to maintain a friendly safe environment for www.ia.com.mx, users and so he enunciate some behaviors that the User should avoid, to make use of the services offered on the site:
6.1. Avoid being abusive, insulting, threatening, intimidating, and/or promote racism, sexism, hate and/or intolerance.
6.2. He must not post content that is inappropriate, defamatory, obscene, vulgar, racist, pornographic or inciting intolerance and/or hatred or promotes activities that are outside the framework of the law.
6.3. He must not post content that infringes and/or violates the rights of others, as may be industrial property rights, including trademarks, patents, industrial designs, trade notices, trade secrets; as well as intellectual property rights, including copyright or reservation of rights to the exclusive use of the above, without the prior permission of the owner of such rights.
6.4. He must not impersonate any person, including not using the username and password of other users to access www.ia.com.mx.
6.5. He must not post content that includes or contains spyware (spyware), adware, viruses, corrupted documents, worm programs or any other code designed to interrupt, damage, and / or limit the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
6.6. He must not post content that is related to sending junk mail or "spam".
6.7. Their behavior must comply with all federal and local laws in Mexico, if he lives outside this country, he must comply with all laws in their place of residence.
6.8. He must not remove or alter content that is published in www.ia.com.mx user´s proper content is accepted.
6.9. He should not register under false names.
6.10. He must not violate the right of privacy of others.
6.11. He must not post any contact or bank information, whether own or of third parties, such as: addresses, zip codes, phone number, emails, URLs, credit/debit card data or bank accounts, etc. If the User chooses to disclose that type of information it is at his own risk.
Even if IA INTERACTIVE prohibits the above behaviors, the User acknowledges that he may be exposed to such conducts and contents, so the use of www.ia.com.mx is at his own risk, freeing IA INTERACTIVE of all liability.7. Advertising Material
7.1. The User acknowledges and agrees that IA INTERACTIVE, is an independent organization from sponsored third-parties and advertisers whose information, images, ads and other advertising or promotional material (the "Collateral") may be published in www.ia.com.mx.
7.2. The User acknowledges and agrees that the advertising material is not part of the main content published in www.ia.com.mx. Furthermore, herein the User acknowledges and accepts that the Advertising Material is protected by the applicable Intellectual and Industrial Property Laws.8. Warranties Disclaimer
8.1. The User agrees that use of www.ia.com.mx, is at his own risk and that the services and products provided and available on www.ia.com.mx, are provided in a “expected as is" and "as available" basis. IA INTERACTIVE does not warranty that www.ia.com.mx, will satisfy the user´s requirements in one hundred percent, or that the services provided by www.ia.com.mx, will always remain uninterrupted, in time, secure and/or error free.
8.2. IA INTERACTIVE does not endorse or warrant in any way the truthfulness, accuracy, legality, morality or any other feature of the material content published in www.ia.com.mx. IA INTERACTIVE disclaims any express or implied liabilities and conditions, regarding the services and information contained or available on or through www.ia.com.mx, including without limitation:
8.2.1. www.ia.com.mx use availability, due to technical and communication problems attributed to communication and transmission data systems.
8.2.2. The lack of viruses, errors, deactivators or any other pollutant or destructive featured material in the information or available programs on or through www.ia.com.mx, or any other failure in www.ia.com.mx.9. Liability Limitations
9.1. To the extent permitted by the applicable laws, IA INTERACTIVE will not be liable in any event for any direct, special, incidental, indirect, or consequential damage arising or relating in any of the following:
9.1.1. Because of the use or execution of www.ia.com.mx r due to the lacking of availability of IA INTERACTIVE.
9.1.2. The supply or lack of supply of the service or of any contained or published information or graphics on or through www.ia.com.mx.
9.1.3. For the upgrade or failure to update the information.
9.1.4. For the wholly or partially alteration or modification of the information when included in www.ia.com.mx.
9.1.5. For any other matter or feature of the information contained in or published on or through www.ia.com.mx or through the links that eventually could be included in the website.
9.1.6. The provision or lack of provision of the other services, all previous assumptions are valid, even in cases where the possibility of such will cause damages have been notified or warned to IA INTERACTIVE.
9.1.7. End User impossibility to contact the User.
9.1.8. About any conduct that end users can have to the User because among end users and IA INTERACTIVE there is no employment relationship, representation, mandate and/or subordination.10. No employment relationship
10.1. IA INTERACTIVE and the User expressly state and recognized, that between them there is no labor relationship, representation, term, subordination or any other species. So now, the User releases IA INTERACTIVE of any liability that may arise by virtue of the activity performed. Therefore, the User at any time may act on behalf of IA INTERACTIVE and cannot engage the latter in any way.11. Amendment www.ia.com.mx
11.1. IA INTERACTIVE without notice to the User, may at any time if it deems appropriate make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of www.ia.com.mx without giving the right to the User to place any claim or to any compensation, or for the implication of recognition of any liability in favor of the User.12. Agreement Amendments
12.1. IA INTERACTIVE reserves the right to amend or modify the terms and conditions of this Agreement at any time, considering immediate effectiveness of such amendments when:
12.1.1. Publishing the Amended Agreement at www.ia.com.mx or
12.1.2. Notifying such amendments to the User. The User agrees that he will periodically review this Agreement in order to be aware of such amendments or modifications. Notwithstanding the foregoing, each time the User accesses to www.ia.com.mx this action should be taken as his absolute acceptance of the Agreement amendments.13. Liability Exclusions
13.1. Occasionally, IA INTERACTIVE may add to the terms and conditions of this Agreement, additional provisions related to specific areas or new services provided on or through www.ia.com.mx ("Additional Terms"), which will be posted in such specific areas or new services of www.ia.com.mx or its reading and acceptance. The User acknowledges and agrees that such Additional Terms integrally form part of this Agreement for all legal purposes that may arise.
13.2. IA INTERACTIVE has no control obligation and does not control the use that Users give to the Website, the Services and Content.
13.3. In particular, IA INTERACTIVE does not guarantee that Users will use the Website, Services and Content in accordance with these General Conditions and where appropriate, with the Special Conditions applicable, or in a diligent and prudent manner. IA INTERACTIVE has no obligation to review and does not verify the identity of Users or the accuracy, validity, completeness and / or authenticity of the data that Users provide about themselves to other Users.
13.4. IA INTERACTIVE IS NOT RESPONSIBLE FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USING OF THE SERVICES AND CONTENT BY THE USERS OR THAT MAY ARISE FROM THE LACK OF ACCURACY, EFFECTIVENESS, COMPLETENESS AND / OR AUTHENTICITY OF THE INFORMATION PROVIDED BY THE USERS TO OTHER USERS ABOUT THEMSELVES, AND IN PARTICULARLY BUT NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND THE MAY ARISE FROM THE IMPERSONATION OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE SITE.14. Rights Assignment
14.1. IA INTERACTIVE may transfer all or part of its rights and obligations under this Agreement, at any time and when it deems appropriate. As for this assignment, IA INTERACTIVE will be released from any obligations towards the User provided by this agreement.15. Compensation
The User agrees to indemnify IA INTERACTIVE and its Affiliates, suppliers, vendors and consultants for any action, claim or demand (including attorneys' fees and court costs) arising out of any breach committed from the User towards this agreement, including without limitation any of the following derivatives:
15.1. In any matter regarding the use of www.ia.com.mx;
15.2. In regards of the information contained on or available on or through www.ia.com.mx;
15.3. From injurious or defamatory conduct or any other conduct in violation of this agreement perpetuated by the User while using www.ia.com.mx;
15.4. For the violation of applicable laws or international treaties on copyright or intellectual property, contained or available on or through www.ia.com.mx.16. Termination
IA INTERACTIVE reserves the right in its sole discretion and without giving warning or notification to User, to:
16.1. Terminate this Agreement definitively;
16.2. Discontinue or definitely cease publishin www.ia.com.mx without any liability to IA INTERACTIVE, its Affiliates or Suppliers.17. Subsistence
17.1. These terms and conditions and the Additional Terms constitute the entire agreement entered by the parties and supersedes any other or prior agreement. In IA INTERACTIVE, discretion, any clause or provision of this Agreement and of the Additional Terms that is declared legally invalid will be eliminated or amended, in order to correct their defects. However, the remaining clauses or provisions shall remain in force, binding and valid.18. No Rights Resignation
18.1 The inactivity of execution of any rights of actions by IA INTERACTIVE, ts Affiliates or Suppliers of this Agreement, should not be taken as a waiver or resignation of those rights or actions.19. Law and Jurisdiction
19.1. The parties agree that towards any dispute that arises over the this Agreement, before attempting any legal action, they are obliged to follow a mediation process the Alternative Justice Center of Mexico´s City High Court of Justice (Centro de Justicia Alternativa del Tribunal Superior de Justicia del Distrito Federal), in order to resolve the dispute amicably, if an agreement between the parties was not been entered after the expiration of the mediation process, the parties may apply to the Courts of Mexico City, Federal District, expressly waiving and or abdicating any other jurisdiction that may correspond.