We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
and contributions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you have when you post
or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you.
Contributions: The Services may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
and possibly through third-party websites.
When you post Contributions, you grant us a
license (including use of your name, trademarks, and
logos): By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses
granted in this section. Our use and distribution may occur in any media formats and through any media
channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services
or making Contributions accessible through the Services by linking your account through the
Services to any of your social networking accounts,
you:
- confirm that you have read and agree with our
"PROHIBITED
ACTIVITIES
" and will not post,
send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to
any such Submission and/or Contribution;
- warrant that any such Submission and/or
Contributions are original to you or that you have the
necessary rights and licenses
to submit such Submissions and/or Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or
Contributions; and
- warrant and represent that your Submissions
and/or Contributions do not constitute confidential
information.
You are solely responsible for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
10. SOCIAL
MEDIA
As part of the
functionality of the Services, you may link your account with online accounts you have with
third-party service providers (each such account, a
"Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us to access your
Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by you of any of the
terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party service provider of
the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have provided to and stored
in your Third-Party Account (the "Social Network Content"
) so that it is available on and through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the connection between
your account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer solely for purposes
of identifying and informing you of those contacts who have also registered to use the Services.
You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
11. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or you
may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or items belonging to
or originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from
the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or
the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites
or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be
aware these Legal Terms no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Services or relating
to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products
or services offered on Third-Party Websites and you shall hold
us blameless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such advertisements, and we
have no other relationship with advertisers.
13. SERVICES
MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
14. PRIVACY
POLICY
We care about data privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which
is incorporated into these Legal Terms. Please be advised the Services are hosted in
Germany
. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
Germany
, then through your continued use of the Services, you are transferring
your data to
Germany
, and you expressly consent to have your data transferred to and
processed in
Germany
.
15. COPYRIGHT
INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately notify us using the contact information provided
below (a "Notification").
A copy of your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not sure that material located on or
linked to by the Services infringes your copyright, you should consider first contacting an
attorney.
16. TERM
AND TERMINATION
These Legal Terms shall remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING
LAW
These Legal Terms shall be
governed by and defined following the laws of
Mexico
. Buscamaquinaria and yourself irrevocably consent that the courts of
Mexico
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least thirty (30)
days before initiating arbitration. Such informal negotiations commence upon written notice from
one Party to the other Party.
Binding Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause.
The number of arbitrators shall be three (3). The seat, or legal place, or
arbitration shall be
Monteerey,
Mexico
. The language of the proceedings shall be Spanish
. The governing law of these Legal Terms shall be substantive law of
Mexico
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of
it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any means other than electronic
means.
26. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined
to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship created between you and us as a result
of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Buscamaquinaria
Monterrey
, Nuevo León
Mexico
Phone: (+52)813552662
admin@buscamaquinaria.com