The access and use of the www.arcadianmx.com.mx website (hereinafter, the "Site") is subject to the following terms and conditions (hereinafter, the "Terms of Use", the "Terms", and/or the “Conditions”, as used interchangeably). If you do not agree with the following conditions, please refrain from using and accessing it. By the simple fact of accessing, the user (hereinafter, the "User" and/or "You") agrees to the conditions that are materialized below.
The Site is operated, developed and managed by Arcadian de México, S. de R.L. of C.V. (hereinafter “Arcadian”). Arcadian reserves the right to discontinue, modify, partially or totally, and likewise, to cancel the Site at any time or these Terms of Use.
The foregoing may be done by Arcadian in its sole discretion without the need to give notice to the User. The next time You access and use the Site, please review these Terms of Use.It is the exclusive obligation of visitors, Users to read —before accessing Arcadian— these Terms of Use, as well as the Policies and Legal Terms that rule it in order to be up to date of any amendments that may be made to them. Repeated access to any of the sections that make up the Site will be considered as a tacit acceptance of the new conditions or amendments.
The User acknowledges that by accessing Arcadian he/she has done so of his own free will. In addition to being responsible for the legal effects of the sole entry, you are accepting the content of the other mentioned notices and acknowledge as authentic and valid any means of proof or technological process that Arcadian uses to verify the entry or exit of the User of this website.
1. Waiver of Rights and Benefits.1.1. All details, documents and illustrations are property of Arcadian or are free of any intellectual rights.1.2. All details, documents and illustrations published on this website are the sole property of Arcadia. Any permission to use the same is granted on the provision that the relevant copyright note is displayed on all copies, that such details are only used for personal purposes, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the website are only used in conjunction with the accompanying text.
2. Industrial/Intellectual Property and Rights
2.1. Except as otherwise provided in these Terms of Use, Arcadian is the sole and exclusive owner of the rights to the titles, content (including, i.e., audio, photographs, illustrations, graphics, other visual media, video, copies, text, software, technical sheets, safety sheets, products, titles, etc.), codes, data and materials thereof, the appearance and mood, the design and organization of the website www.arcadianmx.com.mx, the compilation of the contents, codes, data and materials on the website, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property, economic rights of the same, and in general of the entire Site.
2.2. Your use of the Site does not give you ownership of any content, code, data or materials that you may access on or through the Site.
3. Products and Services
3.1. The User may download and/or print all or part of content of any kind found on the Site only for their personal and non-commercial use; You may not copy, modify, distribute or transmit any information found on this website without the express consent of Arcadian and/or one of its collaborators. Any request for reproduction or reprinting of information should be directed to the email address fiscal@arcadianmx.com.mx
3.2. The Site is an electronic publication placed on the Internet which may be linked to any point on the Site without Arcadian's knowledge or consent; This is accepted and recognized by the User, who, by virtue of the foregoing, exonerates Arcadian for any damage suffered in the use of this website.
3.3. Software compatibility. The user accepts and acknowledges that this page has been designed to work better with some browsers than with others and in this sense declares not to have any right to claim and releases Arcadian from any liability that it may have against the user for the better or worse browser performance of the same within this page.
4. Hyperlinks
4.1. The Site contains or may contain, in any of its sections, hyperlinks to other Internet sites operated by legal entities or individuals other than Arcadian. Such links have been provided solely and exclusively to provide users with access to information from various sources. Arcadian does not exhaustively investigate, nor does it have a duty to be informed of the complete contents, origin or operation of the pages to which the hyperlinks refer, nor of those linked to them; For this reason, it is exempt from liability for the content and procedures used on said pages, as well as for the use that third parties may make of them; even if they have accessed them through this site, it will be at the user's own risk.
4.2. It is fatally and strictly prohibited, within this website, the publication, sending, transmission, downloading or linking of any material of vulgar, obscene, illegal or offensive content in any way. The use of internal links to this website for purposes other than those established and that may harm Arcadian or third parties is also prohibited, under penalty of being removed from the system and/or subject to the corresponding legal actions in accordance with what is established in the laws that may be applicable.
4.3. Arcadian must authorize any third party that wishes to create and establish hyperlinks from its website to any of the Arcadian sections, it being understood that Arcadian will not be liable in any way for damages that may be caused to users who, in good faith, access the Site from such pages, whether they have been authorized or not. For this reason, the user releases Arcadian from any responsibility in this regard and declares that they have accessed Arcadian.com.mx at their own risk.
5. Service cancellation
5.1. Arcadian may, at its sole discretion, cancel the service provided by this website, remove the user from its database and prevent access to its page, at any time and without prior notice when, in its sole discretion, it considers that any of the Terms of Use, General Conditions of Use, Privacy Policies expressed here have been violated, or violated the integrity and security of its systems, its users, a third party or related company.
6. Access to minors
6.1. In the event that minors access Arcadian services, this company assumes that they have done so with the due consent of their parents or guardians.
7. Amendments to the general conditions of use, policies and legal terms
7.1. As stated above, Arcadian reserves the right to amend, when it deems it pertinent, its general conditions of use, policies and legal terms, as well as the Terms of Use.
7.2. The User undertakes to review the content of these General Conditions of Use, policies and terms, since they may be amended without prior notice. Likewise, the User understand and accept each and every one of the clauses contained in this document. It is the User's entire responsibility to review the aforementioned terms.
8. Trademarks
8.1. The trademarks, logos, service marks, registered trademarks (collectively the "Trademarks") displayed on the Site or in content available through Arcadian are Trademarks of Arcadian, and may not be used with respect to products and/or or services that are not related to, associated with, or sponsored by their rights holders and that are likely to cause customer confusion, or in any way that disparages or discredits their rights holders. All Trademarks not owned by Arcadian that appear on the Site or on or through the Site's services, if any, are the property of their respective owners.
8.2. Nothing contained on the Site should be construed as granting, by implication, rejection, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Arcadian or any third party that may own such Trademarks.
8.3. Your misuse of the Trademarks displayed on the Site or on or through any of the Site's services is strictly prohibited.
9. Intellectual Property Claims
9.1. In the event that any User or a third party considers that any of the contents that have been introduced on the Site is in violation of their intellectual property rights, they must send a letter to Arcadian de México, S. de R.L. of C.V. containing the following elements: (a) personal data: name, address, telephone number and email address of the claimant; (b) authentic or equivalent form, with the personal data of the owner of the allegedly infringed intellectual property rights or of the person authorized by law to act in the name and on behalf of the owner of the allegedly infringed intellectual property rights; (c) precise and complete indication of the contents or materials protected by the allegedly infringed intellectual property rights, as well as their location on the Site; (d) express and clear declaration that the introduction of the indicated contents have been carried out without the consent of the owner under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the contents constitutes a violation of Your intellectual property rights; and (d) the express statement that they do so under formal protest to tell the truth under the terms of the applicable legislation.
9.2. These notifications must be sent to the email fiscal@arcadianmx.com.mx with the following subject title: “Claim for improper use of intellectual property”.
9.3. If it appears from the letter and information provided that a person's intellectual rights are being violated, Arcadian will immediately suspend public access to the respective information, and will make it available to its owner.
10. General
10.1. The use of the terms defined in these Terms of Use is used indistinctly in singular and plural, so they must be interpreted harmoniously, regardless of gender and use.
10.2. Any conflict arising from this or in relation to the execution, interpretation, compliance, or breach of these Terms of Use must be resolved exclusively by the competent courts located in Monterrey, Nuevo León, Mexico, the User expressly waiving any other jurisdiction to which they may be entitled by virtue of their present or future domiciles or for any other reason.
10.3. These Terms of Use will be governed by Mexican federal laws and such laws will be applicable for the interpretation and fulfillment of the same.
10.4. In the event that any provision of these Terms of Use is null, illegal or unenforceable, said provision, or part of it, shall be deemed not to be in the Terms of Use, without affecting the Terms of Use and the remaining provisions, or parts thereof, shall continue with full force and vigor. The Parties agree that these Terms of Use will be modified to replace any provision or part of it that should be deleted, with a valid and mandatory provision that comes as close as possible to the provision that would have been declared null.
