The following terms and conditions (the "Terms and Conditions") govern your use of the Website http://www.terminal.com.mx (the "Website") and your use of any of the content available on or through this Website, including any content derived from such Website. The use of this Website implies that the user fully and unconditionally adheres to these Terms and Conditions of Use and Privacy Policy. TÉRMINAL LOGISTICS, SA de CV ("TÉRMINAL") has made available this Website and its content which may change from time to time without notice, as well as the Terms and Conditions of Use, solely by publishing such changes on the Website. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.1. Property Rights. TÉRMINAL 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, text, software, titles, Shockwave files, aggregated value, etc.), codes, data and related materials, the look and feel, design and organization of the Website, the compilation of the content, codes, data and materials on the Website, including but not limited to, any copyright, trademark rights, patent rights, rights regarding databases, moral rights, sui generis rights and other intellectual property, proprietary rights thereof, and in general all of the Website. The use of the Website does not grant you ownership of any content, codes, data or materials that you may access on or through the Website.
2. Limited License. You may (i) access and view the contents of the Website on your computer or any other device and, unless otherwise provided in these Terms and Conditions or on the Website, and (ii) make copies or individual screenshots of the content of the Website for your personal use, only to be used privately. In light of the above, the use of the Website and the services offered on or through the Website, are only for your personal non-commercial use.
3. Prohibited Use. Any distribution, publication or commercial or promotional exploitation of the Website or any content, codes, data or materials found on the Website is strictly prohibited unless you have received express prior written consent from authorized personnel of TÉRMINAL or any other applicable rights holder. Except as expressly provided in this agreement, you may not download, inform, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any of the content, codes, data or materials on or made available through the Website. You further agree not to alter, edit, delete, remove, or otherwise change the meaning, appearance or change the purpose of any of the content, code, data or materials on or made available through the Website including, without limitation, the alteration or removal of any brand, registered trademark, logo, service mark or any other proprietary content or proprietary rights notice. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you use the Website or the content, code, data or materials on or made available on the Website, in any way different than the use provided above, you may violate copyright laws and other laws of the United Mexican States ("Mexico") and other countries, as well as applicable state laws and may be held liable for such unauthorized use.
4. Trademarks. The commercial brands, logos, service marks, trademarks (collectively the "Trademarks") displayed on the Website or on the content made available through the Website are Trademarks of TÉRMINAL, registered and unregistered trademarks and other, and shall not be used in connection with products and /or services that are not related, associated, or sponsored by their rights holders, and that are likely to cause confusion among customers, or otherwise tarnish or discredit their rights holders. All Trademarks not owned by TÉRMINAL that appear on the Website, or appearing in or through services of the Website, if any, are the property of their corresponding owners. Nothing on this Site should be construed as granting, implying or otherwise waving, any license or right to use any Trademark displayed on the Site without the written authorization of TÉRMINAL or the said third-party trademark owners. The misuse of the Trademarks displayed on the Website or any of the services of the Website is strictly prohibited.
5. User Information. In using the Website and /or the services made available on or through the Website, you may be asked to provide certain personal information (such information shall be referred to as "User Information"). The policy of use and collection of information by TÉRMINAL regarding the privacy of such User Information is set forth in the Privacy Policy of the Website, which is incorporated by reference herein for all purposes. You acknowledge and agree to be solely responsible for the accuracy of the content of the User Information.
6. Submitted Materials. Unless expressly requested, we do not ask or wish to receive any confidential, secret or proprietary information or other materials from you through the Website, by electronic mail or otherwise. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or provided to us (including, by way of example and without limitation, anything you submit or send to our groups, chat rooms, message boards and /or our 'blogs', or sent to us via e-mail) ("Submitted Materials ") will be deemed to be not confidential or secret and may be used by us in any way consistent with the Privacy Policy of the Website. By sending Submitted Materials, you: (i) represent and warrant that the Submitted Materials are your original, and that no other party has any rights over them, and that any "moral rights" in the Submitted Materials have been waived, and (ii) you grant to us and our affiliates, a royalty free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable right and license, which can be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (all or part) in any form, media or technology known or to be known in the future, including for promotional and /or commercial purposes. We shall not be responsible for maintaining any Submitted Materials provided by you and we may delete or destroy such Submitted Materials at any time.
7. Prohibited User Conduct. You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity, or tarnish his/her affiliation with any other person or entity; (b) insert your own, or third party, advertisements, branding or other promotional content in any of the contents, materials or services or materials of the Website (for example, without limitation, in an RSS update or an audio recorded program (podcast) received from TÉRMINAL or otherwise through the Website), and you shall not use, redistribute, republish or exploit such content or service for any other additional commercial or promotional purpose; and (c) attempt to gain unauthorized access to other computer systems through the Website access. You shall not: (i) participate in surfing the net, "collect content from (scraping) the screen", " collect content from (scraping) the database" to collect e-mail addresses, wireless addresses or other contact or personal information, or use any other automatic means for 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 residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means of access; (iii) use the Website or the services made available therein, in any manner, with the intent to interrupt, damage, disable, overload, or impair the Website or its services, including, without limitation, sending unsolicited bulk messages or "flooding" servers with requests; (iv) use the Website or the services or contents of the Website in violation of intellectual property or other legal or proprietary rights of any third party or TÉRMINAL; or (v) use the Website or Website Services in violation of any applicable law. You further agree not to attempt (or encourage or support others to attempt) to deceive, destroy, decode, or otherwise alter or interfere with the Website or the services thereof, or any of its content, or make any unauthorized use thereof. You agree not to use the Website in any manner that could damage, disable, overload, or impair the Website or interfere with any other person to use or enjoy the Website or any of its services. You may not obtain or attempt to obtain, by any means, materials or information that have not been provided or made available to the public intentionally through the Website.
8. Public Forums. TÉRMINAL may, from time to time, have messaging services, chat services, bulletin boards, blogs, other forums and other services made available on or through the Website. In addition to any other rules and regulations that may be published regarding a particular service, you agree not to upload, report, transmit, distribute or otherwise publish through the Website or any service or product made available on or through the Website, any materials that: (i) restrict or inhibit any other user from using and enjoying the Website or the services thereof, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory , libelous, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe third-party rights including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) containing a virus, spy element or other harmful component, (vi) contain fixed links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain indications of origin, endorsements or statements that are false or misleading. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from TÉRMINAL. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You are solely responsible for the content and consequences of any of its activities.
9. Rights Monitoring and Editorial Control. TÉRMINAL reserves the right, but has no obligation, to monitor and /or review all materials posted by users on the Website or through the services or products of the Website, and TÉRMINAL shall not be held responsible for the materials sent by the users. However, TÉRMINAL reserves the right at all times to disclose any information as deemed necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, which at the sole discretion of TÉRMINAL is deemed objectionable or in violation of these Terms and Conditions of Use, of the TÉRMINAL policies or any applicable law. We may also set limits on certain sections of the forums or restrict your access, to all or part of the forums, without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason, without notice or liability.
10. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which may be accessible for a long time and have no control over who will read them eventually. It is therefore important that you are careful and selective regarding the personal information you disclose about yourself and others, and in particular should not disclose sensitive, property or confidential information in your comments in our public forums.
11. Linking to the Website. You agree that if you include a link from any other website to the Website, the link will open in a new window navigator and will be linked with 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 our services, such would be using a method of an "in-line" link to cause the image stored by us to be exposed on another website. You agree not to download or use images stored on this Website on another Website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Website to this Website so that the Site, or any page of the Website, is "framed," surrounded or obfuscated by the content, materials or slot marks of any third. We reserve all rights under the law regarding any link to the Website to request it to be discontinued and revoke your right to link the Website to any other website at any time by sending a written notice.
12. Indemnity. You agree to indemnify and hold without harm TÉRMINAL, the directors, officers, employees, TÉRMINAL agents and its subsidiaries from all claims, liabilities, costs and expenses of any nature, including attorneys' fees, in that incurred as a result of your use of the Website, your placement 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. TÉRMINAL reserves the exclusive right to undertake, at its own expense, the defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TÉRMINAL in the defense of such claim.
13. Orders for Products and Services. We may make certain products available to visitors and registered users of the Website. If you order any products, 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 card /debit card concurrent with your online order or by other payment means acceptable to TÉRMINAL. You agree to pay all applicable taxes. If payment is not received by us from the issuer of your credit card or debit card or its agents, you agree to pay all amounts due upon our claim to you. Some products you buy and /or download on or through the Website may be subject to additional terms and conditions that will be presented at the time of such purchase or download.
14. Third Party Websites. You can link from the Website to third party Websites and third parties can be linked to the Website ("Linked Sites"). You acknowledge and agree that we shall not be responsible for the information, content, products, services, advertising, codes or other materials which may or may not be provided by or through Linked Sites, even if they are owned or are led by our affiliates. The links to Linked Sites do not constitute an endorsement or sponsorship by us of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply endorsement, sponsorship or recommendation of the Website, TÉRMINAL disclaims any liability for links (1) from another Website to this Website and (2) to another Website this Website. TÉRMINAL cannot guarantee the standards of any Website to which it provides links from this Website, nor will TÉRMINAL be responsible for the content of such sites, or any subsequent link. TÉRMINAL does not represent or warrant that the content of any third party website is accurate, compliant with state or federal laws, compliant with the copyright laws or other intellectual property laws. TÉRMINAL is not responsible for any form of transmission received from any linked site. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
15. Copyright. In the event that any User or third party considers that any Content has been introduced in the Site in violation of their intellectual property rights, they should send a letter to the Company containing the following elements: (a) personal data: name , address, phone number and email address of the claimant; (b) Certified or equivalent form with personal data of the owner of the copyright allegedly infringed or the person authorized under law to act on behalf of the owner of the copyright allegedly infringed; (c) The exact and complete indication of the content protected by intellectual property rights allegedly infringed, and its location on the Portal; (d) A clear and express declaration that the introduction of the Contents listed has been made without the consent of the claimant, under oath that the information in the notification is accurate and that the introduction contents is a violation of their intellectual property rights.These notifications must be sent to:BELISARIO DOMINGUEZ NUMBER 2376 COLONIA OBISPADO MONTERREYPHONE (81) 5000.8900If from the content of the letter and information provided, it appears a violation of intellectual property right of a person exists, TÉRMINAL shall immediately suspend public access to the relevant information, and shall make it available to the 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 any kind of warranty, either expressed or implied, including without limitation any warranty for information, data, data processing services, uninterrupted or unlimited access, any warranties concerning the availability, interpretability and non-interpretability, accuracy, precision, lawfulness, perfection, completion, usefulness, or content of the information and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and 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 errors will be corrected. We make no warranty that the Website or the services provided comply with the requirements of the users. Advice, results or information, whether oral or written, obtained by you from us through the website shall not create any warranty unless otherwise expressly provided herein. TÉRMINAL also assumes no responsibility, and shall not be liable for any damages to your equipment, or any viruses that may infect your computer as a result of accessing, using, or browsing the website or your downloading of any materials, data, texts, images, video content or audio content from the website. If you are not satisfied with the website, your sole remedy is to discontinue using the Website.
17. LIMITATION OF LIABILITY. Under no circumstances, including but not limited to negligence, shall TÉRMINAL, or any of its directors, officers, employees, agents or suppliers of content or services (collectively, the "protected entities"), be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages resulting, or directly or indirectly related, to the use or inability to use the website or the content, materials and functions related thereto, your provision of information via the Website, loss of business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions prohibit the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to some users. In no event shall the protected entities be liable for or regarding any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website. In no event shall the total amount of liability of the protected entities owed to you for all damages, losses and causes of criminal action (whether contractual or resulting from torts, including but not limited to, negligence or otherwise) deriving from the terms and conditions of use of the Website, exceed in total, the amount, if any, paid by you to TÉRMINAL for the use of the Website or purchase of products via the Website.
18. Photosensitive Attacks. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns 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 could cause these "photosensitive epileptic seizures" when watching video games or other electronic content. These attacks have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or trembling or shaking of arms or legs. If you experience any of the symptoms listed above, or if you or your family have a history of seizures or epilepsy, you should immediately cease using the Website and consult a doctor.
19. Term. The provision of the Website and other Services shall be for an indefinite term; however, the customer shall pay, per year, the applicable cost of the license and / or additional services acquired jointly or individually. However, TÉRMINAL may terminate, suspend or discontinue the provision of its services and /or any of the Services (including Services of Open Access to the User), at any time, giving notice thereof through the Website.
20. Applicable law and jurisdiction. For the interpretation, governance and enforcement of these Terms and Conditions of Use of the Website, TÉRMINAL and the User agree to submit to the jurisdiction of the competent courts of the city of Monterrey, Nuevo León, waiving any other jurisdiction that may correspond to them by virtue of their present or future domiciles, or any other reason and that they shall be governed by the applicable laws in Mexico.
