The Terms and Conditions of Use that are presented below (hereinafter the "Terms of Use"), which regulate the use of the digital portal www.visitmexico.com (hereinafter "The Portal") of which the Ministry of Tourism (hereinafter "SECTUR") is the owner and that by means of a Share Agreement signed on May 29, 2019 (hereinafter "The agreement"), authorized the legal entity Baintivity, SA de CV ( hereinafter «BRAINTIVITY») the administration, operation, promotion, exploitation, among others, (who together will hereinafter be referred to as “SECTUR / BRAINTIVITY”) so that the “Terms of Use” constitute the agreement between and any user of "The Portal".

The use of "The Portal" by any person, attributes the quality of user (hereinafter "The User") and this implies their full adherence and total and unconditional submission to these "Terms of Use"; Consequently, it is essential that "The User" reads them previously and carefully evaluates them, in such a way that they are aware that they are subject to them and to the modifications they may undergo, each time they access "The Portal".

If at any time "The User" does not fully or partially agree with these "Terms of Use", they must immediately refrain from using "The Portal" in any of its parts or sections.

  1. USE AND RESTRICTIONS

"The User" acknowledges that not all the Services and Contents are available in all geographic areas and that some Services and Contents may only be used after registration or prior registration by the user and / or the payment of a commission, according to expressly stated.

"SECTUR / BRAINTIVITY" does not guarantee the availability and continuity of the operation of "El Portal" and the Services and Contents, nor the usefulness of "El Portal" or the Services and Contents in relation to any specific activity. "SECTUR / BRAINTIVITY" will not be responsible for any damage or loss 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.

"The user" acknowledges that the use of "The Portal" does not imply any right of ownership over it, or over any of its elements or content.

"SECTUR / BRAINTIVITY" reserves the right to modify at any time and without prior notice, the presentation, configuration, information, services, content and in general any part or aspect related directly or indirectly to "The Portal".

"The User" who is not a resident in the United Mexican States and who wishes to access "The Portal", must ensure that access and use of it, its content and / or services, is permitted in accordance with its own legislation.

"The User" that uses "The Portal" outside the Mexican Republic, will be responsible for compliance with all the laws of said jurisdiction.

The use of "The Portal", as well as the access and use of the services will give for fact the full acceptance by the user of (i) the Terms and Conditions in force at each moment in which the user accesses and / or uses the same and (ii) any modifications thereof that have been duly communicated to "The User".

"SECTUR / BRAINTIVITY" reserves the right to suspend, interrupt or stop operating "El Portal", at any time.

  1. COPYRIGHT AND INTELLECTUAL AND INDUSTRIAL PROPERTY.

Intellectual property rights regarding services and content; the distinctive signs and domains of "El Portal", as well as the rights of use and exploitation thereof, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of "SECTUR", said rights may be granted to third parties In accordance with the corresponding legislation, in this sense "BRAINTIVITY" has the aforementioned rights with the respective limitations and powers that emanate from "The agreement". "The User" does not acquire any intellectual property rights for the simple use of the services and content of "The Portal" and at no time will such use be considered as an authorization or license to use the services and content for purposes other than those are contemplated in these "Terms of Use".

All content displayed or available through "The Portal" is protected by current copyright law.

The Intellectual Property Rights of "The Portal" of "SECTUR" on the internet, the screens displayed, the information and material that appear on them, belong to "SECTUR", unless otherwise indicated, also, "BRAINTIVITY ”Has the rights mentioned in the respective limitations and powers that emanate from“ The agreement ”.

The logo and trademarks that you use for the fulfillment of the purposes of "SECTUR" as well as the word and mixed trademarks of services and commercial names that appear on the "SECTUR" portal are registered trademarks for the benefit or property of "SECTUR". Likewise, "BRAINTIVITY" has the mentioned rights with the respective limitations and powers that emanate from "The agreement"

  1. CORRECT USE OF THE CONTENTS.

"The User" agrees to use the content diligently, correctly, and lawfully, and in particular, agrees to refrain from: (a) using the content in a manner, for purposes or effects contrary to law and public order ; (b) copy, reproduce, or distribute the contents for profit, unless you have the authorization of "SECTUR" and / or "BRAINTIVITY" or the owner of the corresponding rights or it is legally permitted; (c) modify or manipulate the trademarks, logos, commercial notices, trade names and distinctive signs in general of "SECTUR / BRAINTIVITY", or of third parties of "El Portal" or of people directly or indirectly linked to "SECTUR / BRAINTIVITY" (unless you have your written authorization), (d) delete, evade or modify the contents, as well as the technical protection devices, or any mechanism or procedure established in "The Portal".

  1. PERMITTED USES

The use of the Services and Contents of the Portal is the sole responsibility of the user, who in any case must use them according to the functionalities allowed on the Portal itself and the uses authorized in these Terms and Conditions of Use and Privacy, for which reason The user agrees to use them in such a way that they do not violate the rules of use and coexistence on the Internet, the laws of the United Mexican States and the legislation in force in the country in which the user is using them, good customs, dignity of the person and the rights of third parties. The Portal is for personal and user use, so you may not market the Services and Contents in any way.

  1. LIABILITY FOR DAMAGES AND DETRIMENTS.

"The User" must immediately indemnify "SECTUR / BRAINTIVITY" or any person directly or indirectly linked to it or "The Portal", or to third parties for any damage and / or prejudice of any nature caused by breaching these "Terms of Use ”Or any applicable regulations.

Notwithstanding the provisions of the preceding paragraph, in the event that "SECTUR / BRAINTIVITY" was fined or sentenced by the competent authority to compensate any person for damage and / or loss caused by the user, then the latter must pay “SECTUR / BRAINTIVITY” the corresponding amount, within fifteen calendar days after “SECTUR / BRAINTIVITY” notifies you of the respective amount; otherwise, "The User" agrees to pay "SECTUR / BRAINTIVITY" as a conventional penalty for the mere delay in complying with the obligation, an amount equivalent or similar to the main fate in which it would have affected " SECTUR / BRAINTIVITY ”.

  1. PROHIBITIONS.

"The User" does not have the right to place hyperlinks and / or links, nor the right to place or use their own or third-party pages on the portal without prior written authorization from "SECTUR" and / or "BRAINTIVITY". Likewise, the user will not have the right to limit or prevent any other user from using the Portal.

  1. SECURITY OF THE INFORMATION.

"SECTUR / BRAINTIVITY" maintains procedures designed to protect confidential information about "The User" and the use by "The User" of any of the products and services provided through "The Portal".

The security of the information transmitted between "The User" and the pages of third parties linked to the "SECTUR / BRAINTIVITY" portal on the Internet will be the sole responsibility of said third parties and "The User".

  1. COOKIES.

"The User" who has access to "The Portal", agrees to receive, where appropriate, the cookies transmitted by the "SECTUR / BRAINTIVITY" servers. "Cookie" means a data file that is stored on the hard drive of the user's computer when the user has access to the portal. Cookies may contain information such as the identification provided by "The User" or information to track the pages that the user has visited. A cookie cannot read the data or information on the user's hard drive or read the cookies created by other portals or pages.

  1. USE "The Portal", THE SERVICES AND THE CONTENTS UNDER THE EXCLUSIVE RESPONSIBILITY OF "The User".

By the mere fact of accessing "The Portal", "The User" acknowledges and accepts that the use of it and of any of the content is under its exclusive and strict responsibility, so that "SECTUR / BRAINTIVITY" will not be at no time and under no circumstances responsible for any flaw or problem that may arise in the computer equipment (hardware) or computer programs (software) used by "The User" to access or navigate anywhere on "The Portal", therefore, with the sole use of "The Portal", "The User" releases "SECTUR / BRAINTIVITY" and its employees from any damages that may be generated.

"The User" acknowledges that in the event that the data and / or information contained in "The Portal" differs or there is any discrepancy with the data and / or information provided in the source of information from which they are extracted, the seconds over the first.

  1. AVAILABILITY AND CONTINUITY.

"SECTUR / BRAINTIVITY" does not guarantee the User "the availability and continuity of the operation of the portal and / or services.

"SECTUR / BRAINTIVITY" is not responsible for the lack of availability or continuity in the operation of the portal and / or services.

  1. UTILITY.

"SECTUR / BRAINTIVITY" does not guarantee that the portal and the services are useful for one or more activities or purposes in particular.

"SECTUR / BRAINTIVITY" is not responsible for the fact that "The Portal" does not meet their expectations or differ from any attribute that "The User" considers that they should cover, or because it was not partially or totally useful for certain purposes or purposes of "The User".

  1. RELIABILITY.

"SECTUR / BRAINTIVITY" does not guarantee the reliability of "The Portal", and in particular, although not exclusively, that "The User" can effectively access the different web pages that make up the portal, or that through it the you can transmit, broadcast, store or make the content available to third parties, or receive, obtain or access the content.

  1. VIRUSES AND OTHER HARMFUL ELEMENTS.

"SECTUR / BRAINTIVITY" does not control and does not guarantee the absence of viruses in the content, nor the absence of other elements in the content that may cause alterations in the "User" computer system (software and / or hardware) or in the electronic documents and files stored in your computer system.

"SECTUR / BRAINTIVITY" is not responsible for any loss or damage suffered by the user or third parties in their computer system (software and / or hardware), for having used "The Portal" and / or the services and / or content, or because they have transmitted a virus or any other harmful element.

  1. LICITUDE, RELIABILITY AND USEFULNESS OF THE CONTENTS.

"SECTUR / BRAINTIVITY" does not guarantee "The User" the legality, reliability and usefulness of the content.

"SECTUR / BRAINTIVITY" is not responsible for any loss or damage suffered by "The User" or third parties as a result of the transmission, dissemination, storage, making available, receiving, obtaining, or accessing the content, and in particular, although not exclusively, for damages that may be due to: (a) non-compliance with the applicable regulations as a consequence of the transmission, dissemination, storage made available, reception, obtaining or access to the contents; (b) the violation of intellectual and industrial property rights, industrial secrets, contractual commitments of any kind, rights to the image of the person, property rights and of any other nature belonging to a third party as a consequence of the transmission, diffusion, storage, making available, receiving, obtaining, or accessing the content; (c) the performance of acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the content; (d) the lack of veracity, accuracy, exhaustiveness, relevance and / or topicality of the contents; (e) non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to "The Portal", and the contents; and (f) the vices and defects of all kinds of the content transmitted, broadcast, stored, made available, received, obtained or accessed through "The Portal" or the services; and (g) the rest derived from the relative and applicable regulations.

  1. CONFIDENTIALITY

"SECTUR / BRAINTIVITY" is obliged to maintain the confidentiality of the information obtained from "The User" in the terms of the Federal Law of Transparency and Access to Public Government Information or in the terms of any other applicable legal provision. likewise, any other information that each user provides to "SECTUR / BRAINTIVITY" in order for them to access "The Portal" or benefit from the information contained in "The Portal", is provided voluntarily by "The User", by which each user accepts as sufficient the measures established by "The Portal" to ensure the confidentiality of said information and the communications that contain said information ("Personal Information"), therefore, in this act "The User" releases “SECTUR / BRAINTIVITY” from any responsibility regarding the confidentiality of personal information. Any information that is transmitted between "The User" and the pages or portals of third parties linked or linked to "The Portal" will be the sole responsibility of said third parties and of the corresponding "User".

  1. USE OF NON-CONFIDENTIAL INFORMATION.

By using "The Portal", "The User" authorizes "SECTUR / BRAINTIVITY" to use, publish, reproduce, disclose, publicly communicate and transmit non-confidential information, in terms of the provisions of the Federal Law on Rights Copyright, the Federal Law on Consumer Protection, as well as the Federal Law on Transparency and Access to Public Information.

  1. MODIFICATIONS.

"SECTUR / BRAINTIVITY" will have the right to modify at any time the "Terms of Use" and privacy. consequently, the user must carefully read the "Terms of Use" and privacy each time he intends to use "The Portal". Certain services and content offered to "The User" in and / or through "The Portal" are subject to their own specific conditions that replace, complete and / or modify the terms and conditions of use and privacy. Consequently, "The User" must also carefully read the corresponding specific conditions before accessing "The Portal".

  1. APPLICABLE LAW AND JURISDICTION.

In everything related to the interpretation and compliance with the provisions herein, by simply accessing "The Portal", "The User" agrees to submit to the Federal Laws of the United Mexican States and to the jurisdiction of the corresponding Federal Courts in Mexico City, renounced to any other jurisdiction that by reason of their present or future domiciles, or for any other reason may correspond to them or for any other reason.

  1. RIGHTS

Any right that has not been expressly conferred in this document is considered reserved to "SECTUR / BRAINTIVITY".