Last Updated 14 August 2022
Any user who registers with us (“Registered User”) and wishes to purchase a product or service through our Website is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.
1. Description and use of our Website
We provide Visitors and Registered Users access to the Services described below.
Visitors. Visitors, as the term implies, are people who do not register with us but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through our Website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Website; (iv) post comments and other content on the Website (collectively, “Registered User Content”); (v) sign up for our various programs or services; and (vi) sign up for alerts and other notifications.
The Website is only available for individuals aged 13 years or older. If you are 13 or older but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to ensure you and your parent or guardian understand it.
3. Sign-in Name; Password; Unique Identifiers
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). You must provide true, accurate, current, and complete information when creating your account. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers and for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
4. Fees and Payment
As consideration for any purchase you make on the Website, you shall pay Alula Magazine all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process to pay the fees and any applicable taxes fully. You hereby consent to the same. All payments will be charged and made in U.S. dollars or equivalent to your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and expenses, on any outstanding balance. In certain instances, your credit card issuer may charge you a foreign transaction fee or related charges, which you will be responsible for paying. You are advised to check with your bank and credit card issuer for details.
5. Intellectual Property
The Website contains material, such as text, graphics, images, videos, photographs, software, sound recordings, and other material provided by or on behalf of Alula Magazine (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Mexican and International laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service have access and may view and read any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediate two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Website), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Alula Magazine. Alula Magazine retains all rights, titles, and interests, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Using or posting the Content on any other Website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Alula Magazine (“Alula Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Alula Magazine. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (“Third-Party Trademarks” and, collectively with Alula Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel or any license or right to use the Trademarks without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Alula Trademarks inures to our benefit.
Elements of the Website are protected by trademark and other laws, and may not be copied or imitated in whole or in part by any means. None of the Content may be retransmitted without our express, written consent for each and every instance.
6. Registered User Content; Licenses
As noted above, the Website provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Website, it will be accessible by others and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT ALULA MAGAZINE, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE Website.
You retain all copyrights and other intellectual property rights to your Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Website, Alula Magazine, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to us that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by us and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material.
7. Unsolicited Submissions; Communications with Us
We and our employees do not accept, review, or consider any unsolicited ideas, suggestions, works, materials, proposals, or content, including for stories, articles, photography, images, videos, ad campaigns, promotions, products, services, product names, content, or other creative materials (collectively “Unsolicited Submissions”). Please do not send or provide us with any Unsolicited Submissions in any form. We delete any such Unsolicited Submission without reading it.
The purpose of this Section is to avoid potential misunderstandings or disputes when our products, services, or content might seem similar to an Unsolicited Submission you provided to us. If, despite our request that you do not send us your Unsolicited Submissions, you still submit them, the following terms will apply to your Unsolicited Submissions regardless of what your correspondence says.
You acknowledge that no fiduciary or confidential relationship now exists between you and us, and you further acknowledge that no such relationships are established between you and us by reason of your submission of any Unsolicited Submissions.
You acknowledge that materials (or portions thereof) developed, created, acquired, licensed, or otherwise obtained by us, or third-party materials to which we have had access, may be similar or identical to the Unsolicited Submission (or portions thereof) in theme, idea, plot, format, and/or other respects. You agree that you will not be entitled to compensation because of the use of similar or identical material. In this connection, you hereby release and absolutely and forever discharge us of and from any and all claims, damages, legal fees, costs, expenses, debts, actions, and causes of action of every kind and nature whatsoever, whether now known or unknown, suspected or unsuspected, asserted or unasserted, which you now have, or at any time heretofore ever had or which you may have in the future, against us which in any way arise out of or in connection with any such similar or identical material.
You should not email us any content that contains confidential information. In addition, any such feedback and questions you send us will be deemed non-confidential and not proprietary. We shall be free to use and redistribute them unrestrictedly without compensation or attribution to you.
8. No Warranties; Limitations of Liability
The Website and the content are provided on an “as is” and “as available” basis without any warranties of any kind, including that the Website will operate error-free or that the Website, its servers, or the content are free of computer viruses or similar contamination or destructive features.
we disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties rights, and fitness for a particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade; in connection with any warranty, contract, or common law tort claims: we and our licensors shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the Website or the content, even if we have been advised of the possibility of such damages, and (ii) any direct damages that you may suffer as a result of your use of the Website or the content shall be limited to the fees you have paid us in connection with any purchases you have made from us during the three (3) months immediately preceding the events giving rise to the claim.
some jurisdictions do not allow the exclusion of certain warranties. therefore, some of the above limitations on warranties in this section may not apply to you.
the Website may contain technical inaccuracies or typographical errors, or omissions. Unless applicable laws require, we are not responsible for any typographical, technical, or pricing errors listed on the Website. the Website may contain information on certain products and services, not all available in every location. a reference to a product or service on the Website does not imply that such a product or service will be available in your location. we reserve the right to make changes, corrections, and/or improvements to the Website without notice.
9. External Sites
The Website may contain links to third-party Websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
10. Representations; Warranties; and Indemnification
(a) If you are a Registered User, you hereby represent, warrant, and covenant that:
You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
Use of your Registered User in the manner contemplated in this Agreement shall not violate or misappropriate any third party’s intellectual property, privacy, publicity, contractual, or other rights.
(b) You agree to defend, indemnify, and hold us and our editors, collaborators, and employees, or any other person part of Alula Magazine, harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall notify you of any such claim, suit, or proceeding and assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your cost) of any matter subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such point.
11. Compliance with Applicable Laws
The Website is based in Mexico. Whether inside or outside of Mexico, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
Alula Magazine respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed violating such laws.
14. Controlling Law
This Agreement and any action related thereto will be governed by the laws of Mexico City, Mexico, without regard to its conflict of laws provisions.
15. Binding Arbitration
If a dispute arises under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration under Mexican Law. The arbitration may be conducted in person, by submitting documents, by phone, or online. If conducted in person, the arbitration shall take place in Mexico City. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after the commencement of the arbitration.
16. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Without waiving any other remedies under this Agreement, we may seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of Mexico City, Mexico, for purposes of any such action by us.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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