Terms and Conditions

The Terms and Conditions of Use presented below (hereinafter the "Terms of Use"), which regulate the use of the digital portal www.visitmexico.mx (hereinafter "The Portal") of which the Ministry of Tourism (hereinafter “SECTUR”) is the owner and that by means of the Agreement for the Concertation of Shares signed on May 29, 2019 (hereinafter “The Agreement”), authorized the legal entity Baintivity, SA de C.V. (hereinafter "BRAINTIVITY") the administration, operation, promotion, exploitation, among others, (who as a whole will be referred to as "SECTUR / BRAINTIVITY") for which 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 in advance and evaluates them carefully, in such a way that she is aware that she is subject to them and any modifications they may undergo, each time she accesses "The Portal".

If at any time "The User" does not agree totally or partially with these "Terms of Use", she 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 be used only after the user has previously registered or registered and / or paid a commission, according to expressly stated.

"SECTUR / BRAINTIVITY" does not guarantee the availability and continuity of the operation of "The Portal" and the Services and Contents, nor the usefulness of "The 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 property right over it, or over any of its elements or contents.

"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 directly or indirectly related to "The Portal".

"The User" who is not a resident of 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 allowed in accordance with its own legislation.

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

The use of "The Portal", as well as the access and use of the services will assume 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 them and (ii) any modifications of the same that have been duly communicated to "The User".

"SECTUR / BRAINTIVITY" reserves the right to suspend, interrupt or stop operating "The 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 to use and exploit them, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of "SECTUR", said rights may be granted to third parties According to the corresponding legislation, in this sense "BRAINTIVITY" has the rights in question 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 contents of "The Portal" and at no time will such use be considered an authorization or license to use the services and contents for purposes other than those for which are contemplated in these "Terms of Use".

All content displayed or available through "The Portal" is protected by current legislation on Copyright.

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

The logo and trademarks used to fulfill the purposes of "SECTUR" as well as the word and mixed trademarks of services and trade names that appear on the "SECTUR" portal, are trademarks for the benefit or property of "SECTUR". Likewise, "BRAINTIVITY" has the aforementioned rights with the respective limitations and powers that emanate from "The Agreement"

 

  1. CORRECT CONTENT USAGE.

"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 the 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 brands, logos, commercial notices, commercial names and distinctive signs in general of "SECTUR / BRAINTIVITY", or of third parties of "The Portal" or of the people directly or indirectly linked to "SECTUR / BRAINTIVITY" (unless you have your written authorization), (d) delete, circumvent 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 in the Portal itself and the uses authorized in these Terms and Conditions of Use and Privacy, therefore The user undertakes 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 where the user is when using them, good customs, dignity of the person and the rights of third parties. The Portal is for the personal and user use, therefore, the Services and Contents may not be commercialized 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 with "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.

Without prejudice to the provisions of the previous paragraph, in the event that "SECTUR / BRAINTIVITY" were fined or sentenced by the competent authority to compensate any person for damage and / or injury caused by the user, then the latter must pay to "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 " SECTUR / BRAINTIVITY ”.

  1. PROHIBITIONS.

"The User" does not have the right to place hyperlinks and / or links, nor the right to place or use its 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 that is 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 to them 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", OF 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 the same and any of the contents, is under his exclusive and strict responsibility, so that "SECTUR / BRAINTIVITY" will not be in At no time and under any circumstances, responsible for any damage or problem that may arise in the computer equipment (hardware) or computer programs (software) used by "The User" to access or navigate anywhere in "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" differ or there is any discrepancy with the data and / or information provided in the source of information from which they are extracted, the following will prevail. 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 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 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 may transmit, disseminate, 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 contents, nor the absence of other elements in the contents that may cause alterations in the computer system of "The User" (software and / or hardware) or in the electronic documents and files stored on your computer system.

"SECTUR / BRAINTIVITY" is not responsible for any damage or harm that the user or third parties suffer in their computer system (software and / or hardware), for having used "The Portal" and / or the services and / or contents, or because they had transmitted a virus or any other harmful element.

  1. LEGAL, RELIABILITY AND USEFULNESS OF THE CONTENTS.

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

"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, reception, obtaining, or access to the content and in particular, although not exclusively, for damages that may be due to: (a) non-compliance with applicable regulations as a result of the transmission, dissemination, storage made available, reception, obtaining or access to the content; (b) the violation of intellectual and industrial property rights, industrial secrets, contractual commitments of any kind, rights to the image of people, property rights and any other nature belonging to a third party as a consequence of the transmission, diffusion, storage, making available, reception, obtaining, or access to the contents; (c) the performance of acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the content; (d) the lack of veracity, accuracy, completeness, relevance and / or timeliness 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, disseminated, stored, made available, received, obtained or accessed through "The Portal" or the services; and (g) the others 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" so that they can access "The Portal" or benefit from the information contained in "The Portal", is provided voluntarily by "The User", by what each user accepts as sufficient the measures established by "The Portal" to ensure the confidentiality of said information and of the communications that contain said information ("Personal Information"), therefore, in this act "The User" Releases “SECTUR / BRAINTIVITY” from any responsibility in relation to 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 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 Author, 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 the "Terms of Use" and privacy at any time. 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 particular conditions that replace, complete and / or modify the terms and conditions of use and privacy. Consequently, "The User" must also carefully read the corresponding particular conditions before accessing "The Portal".

  1. APPLICABLE LAW AND JURISDICTION.

In everything related to the interpretation and compliance with the provisions herein, by the mere fact of accessing "The Portal", "The User" agrees to submit to the Federal Laws of the United Mexican States and 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 that may correspond to them or for any other cause.

  1. RIGHTS

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

 

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