Terms and Conditions
For your information
Terms and Conditions
The following terms and conditions (“Terms and Conditions”) regulate the use of this website and any of its contents available and/or derived by or through it (the “Website”). Comercializadora SIMBS S de RL (“Comercializadora SIMBS S de RL” or “we”) has made this website available for you. We can modify our Terms and Conditions at any time and without notice, just by publishing such changes through our Website. BY USING THIS WEBSITE YOU ACCEPT AND AGREE WITH THESE TERMS AND CONDITIONS REGARDING ITS USE. If you don’t agree with these Terms and Conditions, you won’t be granted access to it, or be able to use our Website in any other way.
- Property rights. Between you and Comercializadora SIMBS S de RL, Comercializadora SIMBS S de RL is the only and exclusive owner of all right, title and interest in and of our Website, as well as all of its content (including, for example, shock wave files, software, copies, titles, text and audio files, photographs, illustrations, graphics, videos, other media, etc.), codes, data and other material, its appearance and environment, its design and its structure and organization. Accordingly, Comercializadora SIMBS S de RL is the sole owner of the compilation of content, codes, data and materials on our Website, including (but not limited to) any copyrights, trademarks, patents, database rights, moral rights, sui generis rights and other intellectual properties and patrimonial rights. The use of this website does not grant the user and rights or interests to the property to any content, codes, data or materials accessed on or through our Website.
- Limited license. You can access the content of our Website through your computer or through any other device with an internet connection and make copies or prints of our Website’s content exclusively for your personal use, unless indicated otherwise in these Terms and Conditions or in our Website. The use of our Website and the services we offer in or through it, are only for your personal and non-commercial use.
- Forbidden Use. Any distribution, publication, commercial or promotional exploitation of our Website, as well as of any of its contents, codes, data or materials included, is strictly prohibited, unless you have received previous and specific written permission and consent from the authorized personnel of Comercializadora SIMBS S de RL or any other applicable copyright owners. Unless specifically permitted in the present contract, you shall not download, inform, expose, publish, copy, reproduce, distribute, transmit, modify, execute, spread, transfer, create projects derived from, sell or, in any other way, exploit any of the contents, codes, data or materials in or available through our Website. Furthermore, you must not alter, edit, delete, remove, or in any other way change the meaning, appearance or purpose of any of the contents, codes, data or materials available in or through our Website, including, with no limitations, the alteration or removal of any commercial mark, trademark, logo, service mark or any other content of property or notification of property rights. You recognize that you acquire no property rights when downloading any copyrighted material available in or through our Website. If you use our Website or the contents, codes, data or materials available in it, in any way that goes against or otherwise infringes upon the uses previously stipulated, you may be in violation of copyright laws and other laws applicable in Mexico (“Estados Unidos Mexicanos”) and other countries, as well as applicable state laws, and you could be subject to liability and damages for such unauthorized use.
- Commercial Marks. Commercial marks, logos, service marks, trademarks (known together as “Commercial Marks”) appearing in our Website or in any content available in or through our Website, are Commercial Marks registered by Comercializadora SIMBS S de RL, not registered brands, and others, and they cannot be used for products and/or services not related, not associated or not sponsored by the holders of their legal rights, or otherwise in any way that may cause confusion to clients, or that denigrate or discredit the holders of their legal rights. All Commercial Marks that are not a property of Comercializadora SIMBS S de RL appearing in our Website or available through its services, if any, are property of their respective owners. Nothing that is available in or through our Website shall be interpreted as granting any kind of license or right to use any Commercial Brand appearing in it, by implication, rejection, or by any other way, without the prior express written consent of Comercializadora SIMBS S de RL or by such third party that may own such Commercial Mark. The unlawful use of Commercial Marks appearing in our Website or available through any of its services is strictly forbidden.
- User information. When using our Website and/or the services available in or through it, you could be asked to provide certain personal information (known from now on as “User’s Information”). Comercializadora SIMBS S de RL’s terms of use and compilation of information regarding the privacy of such User’s Information are established in the Website’s Privacy Policy, available through our Website as a reference for all purposes. You recognize and accept all responsibility for the accuracy and correctness of your User’s Information contents.
- Presented material. Unless specifically asked for, we do not request or expect to receive any kind of confidential, secret or patrimonial information, or any other material from you through our Website, by e-mail or by any other means. Any information, creative work, demonstration, idea, suggestion, concept, method, system, design, plan, technique or any other material that you send to us or present to us (including for example, and not limited to, whatever material you send to us throughout chat groups, message boards and/or blogs, or through our e-mail address) (“Presented Material”) will be considered non-confidential or non-secret and available for our use in any way that’s consistent to our Website’s Privacy Policy. When sending or presenting to us such Presented Material, you: (i) agree and guarantee being the original owner of such Presented Material, and that no other person has any legal rights over them and that any “moral rights” over such “Presented Material” have been resigned, and (ii) you concede, to us and our affiliates, free, global, perpetual, irreversible, unrestricted, non-exclusive and totally transferable licenses and rights, that may be ceded and sub-licensed to use, copy, reproduce, modify, adapt, publish, translate, create projects derived from, distribute, execute, expose or incorporate to other projects, any of the Presented Material (complete or in partiality) in any way, media or technology (including technologies currently unknown or not yet developed), including promotional and/or commercial purposes. We can hold no responsibility for keeping any kind of Presented Material received, and we may delete or destroy such Presented Material at any time.
- Forbidden conducts from the user. When using our Website and the various services and articles offered in it or through it, you guarantee and agree that you will not: (a) impersonate any person or entity or detract your affiliation with any other person or entity; (b) insert your own (or someone else’s) advertisement, brand positioning or any other promotional material in any of the contents, materials or services of our Website (for example, and not limited to, in a RSS update or a podcast received from Comercializadora SIMBS S de RL or in any other way though our Website), or use, redistribute, republish or exploit such content or services with any other added commercial or promotional purpose; or (c) attempt an unauthorized access to other computer systems through our Website. You will not: (i) participate in navigating the web, screen scraping, data scraping, e-mail and wireless address recollection or any other personal or contact information recollection, or participate in any other automatic means to obtain user lists or any other information in or through our Website or from the services offered in or through it, including, with no limitation, any information available in any server or database related to our Website or the services offered in it or through it; (ii) obtain or intend to obtain unauthorized access to computer systems, materials or information by any means; (iii) use our Website or the services available in it or through it intending to interrupt, harm or damage, disable, overburden or deteriorate our Website or such services, including, but not limited to, sending massive non-solicited messages or “overflooding” servers with requests; (iv) use our Website or the services or articles included in it in violation or intellectual property or any other legal or patrimonial rights of Time Inc. or any other third party, or (v) use our Website or its services in violation of any applicable law. Furthermore, you oblige not to attempt (or encourage or support any intention of) deceiving, destroying, decoding or altering or interfering our Website in any way, as well as attempting any unauthorized use of our Website or the services and contents included in it. You oblige not to use our Website in any way that may harm, disable, overburden or deteriorate it, or interfere with any other person using our Website or any of its services. You will not obtain or intend to obtain any material or information through any means that are not stipulated or made available to the general public intentionally through our Website.
- Public forums. Comercializadora SIMBS S de RL may, occasionally, include messaging services, chat services, news boards, blogs, forums and other services available in or through our Website. Besides any other normativity and/or regulation we may publish regarding any particular service, you commit not to upload, inform, transmit, distribute or publish in any other way through our Website, or through any service or article available in it or through it, any material that (i) restricts or inhibits other users from using and enjoying the use of our Website or its services, (ii) is fraudulent, illegal, threatening, abusive, harassing, slanderous or defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages any conducts that may constitute a criminal offense, leading to any civil responsibility or that violate in any way any local, state, national or international laws, (iv) violates, plagiarizes or infringes third party rights, including, but not limited to, copyrights, commercial marks, commercial secrets, confidentiality, contracts, patents, privacy or advertisement rights, or any other property rights, (v) contains a virus, spyware or any other harmful component, (vi) contains fixed links, advertising, chain letters or pyramid schemes of any type, or (vii) constitutes or contains indications of origin, endorsements or declarations of false or misleading facts. You are also obliged to never impersonate any other person or entity, real of fictitious, including any person from Comercializadora SIMBS S de RL. Also, you may not sell or offer to buy any product or service in or through your commentaries in our forums. You are solely responsible for the content and consequences of postings, commentaries or activity on our website.
- Monitoring and Editorial Control Rights. Comercializadora SIMBS S de RL reserves the right, but is not obliged to, monitor and/or review all material sent by users through our Website or through the services and articles included in it, and is not responsible for such materials. Furthermore, Comercializadora SIMBS S de RL reserves the right at any time to divulge any information necessary to comply with any law, regulation or government request, or to edit, refuse to add or remove any information or material, completely or partially, that according to our sole judgement is objectionable or censurable or violates these Terms and Conditions, the policies of Time Inc or any applicable law. We may also at our sole and absolute discretion limit or delete certain articles on our forums or restrict access to our forums or any part of them without notice or sanction, if we determine that you are failing to comply to any guidelines established in this paragraph, to our Terms and Conditions or to any applicable laws, or for any other reason without notice or responsibility.
- Private or delicate information in private forums. It is important to keep in mind that commentaries presented in a forum may be registered and stored in multiple places, in our Website or in different places on the internet, which may be accessible for a long period of time and we have no control over who may eventually read them. Therefore, it is important that you are careful and selective regarding the personal information you divulge about yourself and others; specially, you should not divulge delicate, patrimonial, confidential or otherwise personal information in your commentaries through our public forums that you do not want the public to have access to.
- Links to our Website. You agree that, if you include a link to any other website through our Website, such link will open in a new browser window and it will link to a complete HTML formatted version of our Website. You are not allowed to link directly to any image stored on our Website or in our services (for example, and not limited to, using an online linking method to provoke that an image stored on our Website appears in a different web page). You oblige not to download, use or publish, among others, images stored on our Website in a different web page by any purpose. You oblige not to link from any other website to our Website in any way that may display our Website “framed”, surrounded or contained by the contents, materials or brand positioning or any third party. We reserve all rights by law to insist that any link to our Website is discontinued, and to revoke your right to link to our Website from any other web page, at any moment you receive the correspondent written notification from us.
- Compensation. You agree to defend, indemnify, compensate, and hold harmless Comercializadora SIMBS S de RL and all of its board members, executives, officials, employees and agents, as well as its affiliates, in peace and safety from any lawsuit, responsibility and costs and expenses of any nature, including attorney’s fees, which may be incurred as a result of any inappropriate use of our Website, the placement or transmission of any message, content, information, software or any other material through our Website, or the non-compliance or violation of the laws or these Terms and Conditions. Comercializadora SIMBS S de RL reserves the right, at its own cost, to assume defense and exclusive control or any matter subject in any way to compensation from you, and in such case, you oblige to cooperate with Comercializadora SIMBS S de RL in the defense of such demand.
- Product and services orders. We may place certain products available for visitors and registered users in or through our Website. If you order any product, by this document you declare and guarantee to be at least 18 years old. You agree to pay the total price of any purchase you make, either through a credit card or a concurrent debit card with your online order or by any other payment method accepted by Comercializadora SIMBS S de RL. You are obliged to pay all applicable taxes. If we do not receive your payment from your credit card issuing company, or any of its agents, you are obliged to pay all due amounts at the moment of our claim. Some products that you buy or download from or through our Website may be subject to additional terms and conditions that will be presented to you at the moment of your purchase.
- Third party websites. You may link (through our “link”) from our Website to third party websites and third-party websites may link to our Website (“Linked Websites”). You recognize and agree that we hold no responsibility over the information, content, products, services, ads, codes or any other material that may or may not be provided by or through those Linked Websites, even if they belong to our affiliates. Links to Linked Websites do not constitute an endorsement or sponsorship from us to those websites, or to their information, content, products, services, ads, codes or materials presented in or through them. The inclusion of any link to those websites on our Website does not imply an endorsement, sponsorship or recommendation from Comercializadora SIMBS S de RL. Comercializadora SIMBS S de RL rejects any responsibility for links (1) from other websites to our Website and (2) from our Website to another website. Comercializadora SIMBS S de RL cannot guarantee any standards from any websites linked from our Website, nor will Comercializadora SIMBS S de RL be responsible for the content of such websites, or any other subsequent link. Comercializadora SIMBS S de RL does not represent, warrant or guarantee that the contents of a third-party website are accurate, that they comply with current state or federal laws, or that they comply with copyright laws or other intellectual property laws. Comercializadora SIMBS S de RL is not responsible for any form of transmission received from any linked website. Any trust or reliance you place on the contents of a third-party website is at your own and sole risk and you assume all responsibilities and consequences derived from such trust or reliance.
- Copyright Agent. We respect intellectual property rights from third parties, and require that the users of our Website, or the services and articles available in it or through it, also respect such third party rights. If you believe your work has been copied in a way that constitutes an infringement to copyright laws, please send the Copyright Agent of Comercializadora SIMBS S de RL, designated as such in conformity with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c) (2), the following information:
- Your address, telephone number and e-mail address:
- A description of the copyrighted work that you claim has been infringed;
- A description on where to find such infringed work:
- Your declaration believing in good faith that the disputed use of your work is not authorized by the owner of its legal rights, its agent or the law:
- Electronic or physical signature of the person authorized to represent the copyrights owner; and
- A declaration, under penalty of perjury, that the information provided in your notification is accurate and that you are the legal owner of such copyrighted material, or that you are authorized to act in representation of such owner.