TERMS AND CONDITIONS OF USE AND PRIVACY

Dear user, we ask you to read carefully the following Terms and Conditions of Use and Privacy, given that by the simple use or access to any of the pages that form part of the visitmexico.com Portal (the "Portal"), it is understood that you accept and agree to be bound by the terms and conditions herein described.

If you do not agree with the Terms and Conditions of Use and Privacy, you must abstain from using the Portal.

Terms and Conditions of Use and Privacy

 

1. USE AND RESTRICTIONS.

The use of the Portal implies the user's full acceptance, without restrictions, of these Terms and Conditions of Use And Privacy. Through the Portal, the user will access to and/or will use various services and contents (hereinafter, the "Services and Contents"), placed at the disposal of the users by the Mexican Tourism Board SA de CV. (hereinafter, the "MTB"), and/or third party suppliers of Services and Contents. The MTB shall have the discretional right to deny, restrict or condition the total or partial access to the Portal, as well as to modify the Services and Contents of the Portal, at any time and without the need of prior notice.

The user recognizes that not all Services and Contents are available in all geographic areas and that some Services and Contents may only be used after prior subscription or registration by the user and/or the payment of a fee, as expressly indicated in their corresponding "Specific Conditions" (as defined in paragraph 12).The MTB does not guarantee the availability and continuity of the operation of the Portal and the Services and Contents, neither the usefulness of the Portal or the Services and Contents in relation to any specific activity. The MTB will not be liable for any damages and losses of any nature that may be caused due to the lack of availability or continuity of operation of the Portal and/or the Services and Contents.

 

2. INTELECTUAL PROPERTY.

All intellectual property rights regarding the Services and Contents and the distinctive signs, trademarks and domains of the Portal, as well as the rights to use and exploit the same, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of the MTB. The user will not acquire any intellectual property right through the use of the Services and Contents of the Portal and in no event will such use be considered as an authorization or license to use the Services and Contents with purposes other than those contemplated in these Terms and Conditions of Use and Privacy.

 

3. INTELECTUAL PROPERTY OF THIRD PARTIES.

The user agrees that the provisions contained in paragraph 2 above, regarding title to the intellectual property rights of the MTB, are also applicable to the rights of third parties with respect to the Services and Contents of the pages linked to the Portal.

 

4. PERMITTED USES.

The use of the Services and Contents of the Portal is the exclusive responsibility of the user, who shall use them in accordance with the functionalities permitted by the Portal and in accordance with the uses authorized in these Terms and Conditions of Use and Privacy. Therefore, the user agrees to use them in such a way that they do not breach the rules of use and etiquette of the Internet, the laws of the Mexican United States and the applicable law of the country where the user is located at the time of use, the customary practices, the dignity of individuals and the rights of third parties. The Portal is for the personal use of the user, therefore, the user may not commercialize the Services and Contents in any way.

 

5. PROHIBITIONS.

The user does not have the right to place hyperlinks of and to the Portal, nor the right to place or use the Services and Contents of the Portal in sites or in personal pages or pages of third parties, without the prior written authorization of the MTB. Likewise, the user does not have the right to limit or to constrain any other user from using the Portal.

 

6. QUALITY OF THE SERVICES AND CONTENTS.

Neither MTB, nor their suppliers or commercial partners shall be responsible for any damage suffered by the user as a consequence of the inexactness, typographical errors and changes or improvements performed periodically to the Services and Contents. The recommendations and advise obtained through the Portal are of general nature, therefore they must not be considered in making personal decisions. For such purposes, a qualified professional must be consulted, so the user can be advised in accordance with its specific needs.

 

7. GOODS AND SERVICES OF LINKED THIRD PARTIES

Regarding the Services and Contents provided by third parties in or by links to the Portal (such as links, banners and buttons), the MTB is limited, for the user's convenience, to: (i) inform the user about the aforementioned activities, and (ii) provide a means to connect the user with suppliers or sellers. The products and/or services that are commercialized on the third parties' sites linked to the Portal are furnished by independent merchants. The MTB is not and shall not be considered as a supplier of the goods and/or services that are offered in such sites. The inclusion of links, does not imply the approval, support, sponsorship, recommendation or guarantee, from the MTB, with respect to the services and goods that are commercialized thereat, nor the contents of such pages. There is no labor relationship or association between the MTB and such third parties. All advise, counseling, representation, information and contents of pages of third parties linked to the Portal, represent the opinions and judgments of such third parties. Therefore, the MTB shall not be held responsible for any damages to the user caused thereby, including, among others, damages caused by the loss of data or programs.

 

8. CONFIDENTIALITY.

The MTB is obligated to maintain confidential the information received from the user such considered accordingly to the laws applicable in the United Mexican States. The MTB assumes no obligation to maintain confidential any other information provided by the user, whether upon subscribing to the Portal or at any later moment, including the information that the user provides through bulletins, boards or on-line chats, as well as the information that the MTB obtains through the Cookies described in paragraph 11.

 

9. USE OF NON-CONFIDENTIAL INFORMATION.

Through the use of the Portal, the user authorizes the MTB to use, publish, reproduce, disclose, communicate publicly and transmit the non-confidential information, in terms of article 109 of the Federal Author Rights Law (Ley Federal de Derechos de Autor) and section I, of article 76 bis of the Federal Consumers Protection Law (Ley Federal de Proteccion al Consumidor).

 

10. COOKIES.

The user that has access to the Portal, agrees to receive the cookies sent by the MTB servers. "Cookie" means a file with data that is stored in the user's hard drive when the user has access to the Portal. The Cookies may have information such as the ID provided by the user or information to trace the pages that the user has visited. A Cookie cannot read the data or information in the user's hard drive, nor read the Cookies created by other sites or pages.

 

11. ACCESS CODES AND CONFIDENTIAL NUMBERS.

The user is solely responsible, at all times, for the confidentiality of its account numbers, personal passwords, access codes and confidential numbers, through which it has access to the Services and Contents of the Portal, as well as to the pages of third parties.

 

12. MODIFICATIONS.

The MTB shall have the right to modify at any time the Terms and Conditions of Use and Privacy. As a result, the user must carefully read the Terms and Conditions of Use and Privacy every time he/she intends to use the Portal. Certain Services and Contents offered to the users through the Portal are subject to particular conditions relating specifically thereto that substitute, complete, or modify the Terms and Conditions of Use and Privacy (hereinafter, the "Specific Conditions"). Therefore, the user must also carefully read the corresponding Specific Conditions before accessing any Services and Contents.

 

13. APPLICABLE LAWS AND JURISDICTION.

For the interpretation, fulfillment, and execution of this Agreement, the parties agree that the Federal laws of Mexico shall be applicable, and the courts of Mexico City, Federal District, shall be competent, waiving expressly any other jurisdiction that may be applicable due to their present or future domiciles.