|
Salvacentrum Terms of Service
To continue, please review and accept the service conditions by clicking the “I Accept” button, which follows
1. ACCEPTANCE OF TERMS
Salvacentrum provides you its services in accordance with
the following Terms of Service ("TOS"), which are subject to updating
or modification by Salvacentrum from time to time. You may review the current
version of the TOS at any time at: http://www.salvacentrum.com/english/ayuda/tos.asp
Moreover, when you are using Salvacentrum’s services, you
and Salvacentrum are bound by use guidelines or rules corresponding to such
services, which Salvacentrum may publish from time to time. All the use
guidelines or rules are included for reference in the TOS. These TOS do not
apply to physical auctions or to any other similar service.
2. SERVICE DESCRIPTION
Salvacentrum currently provides its users access to a broad
array of online resources, including several communication tools, online
forums, purchasing services, personalized content and third-party programming.
Unless otherwise stated, any new application that augments or improves on the
current service, including launching new Salvacentrum features, shall be
subject to these TOS. The user agrees and accepts that Salvacentrum shall not
be liable for delays, erasures, incorrect delivery or failure to retain any of
the user’s communications or his personalization criteria by virtue of the fact
that the service provided by Salvacentrum is on an as-available basis.
In order to use the service, you must have access to the
World Wide Web, be it directly or through a device with access to net-based
content and must pay the cost associated with services with said access.
Moreover, you must have all the necessary equipment to establish said
connection to the World Wide Web, including a computer and modem or some other
access device. The service provided by Salvacentrum is intended for persons 18
years of age or older.
3. MEMBER OBLIGATIONS
In consideration of your use of the service, you obligate
yourself to: (a) provide truthful, correct, current and complete information
about your person as required on the service registration form (said information
being the “Registration Data”), and (b) maintain and update the Registration
Data at all times in order to keep these correct, current and complete. If you
supply information which is not truthful, correct, current or complete, or if
Salvacentrum considers that said information is not truthful, correct, current
or complete, Salvacentrum shall have the right to suspend or terminate your
account and deny you use of the service (or any of its component parts) now or
in the future.
4. SALVACENTRUM PRIVACY POLICY
Your Registration Data and other information are subject to
our privacy policy, which is available in complete form at:
http://www.Salvacentrum.com/english/ayuda/privacidad.asp
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completion of the process of registration to the
service, you will be assigned a password and an account, for which you will be
responsible; you must keep these confidential and you are fully liable for all
activities that may take place under your password or account. In consideration
of the foregoing, you commit yourself to: (a) immediately notify Salvacentrum
of any instances of non-authorized use of your password or account or of any
other security breach, and (b) ensure that you log out of your account at the
close of every session. Salvacentrum shall not be liable for any loss or damage
that may result as a consequence of your failure to comply with the
stipulations of this Section 5.
6. SPECIAL WARNINGS FOR DOMESTIC USE
Recognizing the global nature of the Internet, you obligate
yourself to obey all local, state or federal rules and regulations with respect
to online conduct and acceptable content. Specifically, you obligate yourself
to obey all applicable laws concerning the transmission of technical data
exported from Mexico.
7. PUBLIC CONTENT ADVERTISED AT SALVACENTRUM
For the purposes of the TOS, the “public access areas of the
Service” are those to which the general public has access. For example, a
public access area of the service would include Salvacentrum’s public Clubs,
Salvacentrum Bulletin Boards, but would not include private Salvacentrum clubs
or private Salvacentrum communication services such as Salvacentrum Mail.
8. MODIFICATIONS TO THE SERVICE
Salvacentrum shall have the right to modify or discontinue the
service or any part of it, temporarily or permanently at any time and from time
to time, and therefore Salvacentrum shall not be liable to you or to third
parties for any modifications, suspensions or interruptions to the service.
9. TERMINATION
You agree that Salvacentrum may at any time cancel or
discontinue your password, account (or any part of your account) or your use of
the service and to remove and discard any content within the service for any
reason, including lack of use or if it considers that you have violated or
acted against the letter or the spirit of the TOS, without limitations. In
consideration of the foregoing, you accept that Salvacentrum may immediately
deactivate or erase your account and all the information and files related to it
and/or prohibit any new access to said files or to the service, in case that
you fail to comply or contravene the stipulations of these TOS, and therefore
Salvacentrum shall not be liable toward you or third parties for any
termination of your access to the service.
10. LINKS
The service or third parties may provide links to other
sites or resources on the World Wide Web, outside of the control of
Salvacentrum, and therefore you accept and agree that Salvacentrum shall not be
liable for the availability of said outside sites and resources and it does not
endorse them nor is it liable nor has it any legal obligation for the content,
merchandising, products or other materials on sites or resources available from
said sites or resources. Moreover, you accept and agree that Salvacentrum shall
not be liable or obligated directly or indirectly for any damages occasioned by
the use or credibility of any content, goods or services available through any
site or resource.
11. SALVACENTRUM PROPERTY RIGHTS
You accept and agree that the service and any software
needed to connect to the service contain confidential property and information
which is protected under applicable intellectual property legislation and other
laws. Moreover, you accept and agree that the content included in vendors’
announcements or information presented to you by way of the service or
advertisers are protected by copyright, commercial trademarks, service marks,
patents and other property rights and laws. Excepting that which Salvacentrum
or advertisers expressly allow, you commit yourself to not modify, rent, lease,
loan, sell, distribute or create derivative works based on the service in whole
or in part.
12. LIMITED WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS
PROVIDED ON AN “AS-AVAILABLE” BASIS, THEREFORE SALVACENTRUM GRANTS NO WARRANTY
OF ANY TYPE, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE
AND NO CONTRAVENTIONS BY ITS USERS.
Salvacentrum DOES NOT WARRANT THAT (i) THE SERVICE WILL
CONFORM TO YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, PUNCTUAL,
SECURE OR FREE OF ERRORS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE TRUE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT,
SERVICE, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL CONFORM TO YOUR EXPECTATIONS AND (v) ANY SOFTWARE ERRORS WILL
BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS SO OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE TOTALLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR LOSS OF DATA
ARISING FROM THE DOWNLOAD OF ANY OF THESE MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Salvacentrum OR THROUGH THE USE OF THE SERVICE CONSTITUTES ANY KIND
OF WARRANTY UNLESS EXPRESSLY ESTABLISHED AS SUCH IN THE TOS.
12b. LIABILITY LIMIT
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Salvacentrum SHALL
NOT BE LIABLE FOR ANY DAMAGES DIRECT OR INDIRECT ARISING FROM: (I) THE USE OF
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE
ACQUIRED OR OBTAINED, OR MESSAGE RECEIVED, OR TRANSACTIONS MADE THROUGH THE
SERVICE, OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO ITS TRANSMISSIONS OR
CHANGES TO SAME OR TO ITS DATA; (iv) STATEMENTS OR BEHAVIORS OF ANY THIRD PARTY
IN THE SERVICE; OR (v) ANY OTHER MATTER RELATED TO THE SERVICE.
13. NOTICE
Notices may be sent by electronic mail or by regular mail.
The service may also provide notices of changes to the TOS or other matters, by
displaying notices or links to announcements on the service.
14. INFORMATION ABOUT REGISTERED TRADEMARKS
The Salvacentrum commercial and service marks, the
Salvacentrum logo, products and service names are commercial marks of CARASA
S.A. de C.V., which marks you obligate you to not display or use in any form
without prior written authorization from Salvacentrum.
15. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
Salvacentrum and they govern your use of the service, replacing any prior
agreement or contract, whether oral or written, between you and Salvacentrum.
Likewise, you will also be subject to additional terms and conditions that may
apply to you when you use affiliated services, third-party content or
third-party software. The TOS and the relationship between you and Salvacentrum
shall be subject to the laws of the Federal District of Mexico, without
prejudice of its provisions about conflicting statutes. You and Salvacentrum
expressly agree to submit to the personal and exclusive jurisdiction of the
courts of the Federal District of Mexico, waiving any other jurisdiction that
may correspond to them by reason of their current or future domiciles.
Notwithstanding the foregoing, the failure of Salvacentrum to exercise or make
effective any right or provision stipulated in these TOS shall not constitute a
waiver to said right or provision.
If a tribunal of competent jurisdiction resolves that any
stipulation in the TOS is not valid, the parties agree at any rate that the
court shall value and render effective the intention of the parties reflected
in such stipulation, while keeping the remaining stipulations of the TOS in
full force and effect. You agree that, without prejudice of contrary provisions
in any law or statute, any claim or cause of action resulting from the Service
or related to the use of the Service or the TOS must be filed within one (1)
year from the date when such claim or cause of action shall have occurred,
otherwise such claim or cause of action may not be exercised in future.
The sectional titles on these TOS are provided for reference
only and have no legal or contractual effect.
|