GENERAL TERMS AND CONDITIONS OF THE FANCY ARCHIVE
GENERAL TERMS AND CONDITIONS OF THE FANCY ARCHIVE
These General Terms and Conditions govern the use of the Website of The Fancy Archive (hereinafter the “TFA Website”). By using the TFA Website and/or submitting any kind of information it will be understood, for all applicable legal effects, that you have accepted all Terms and Conditions included herein.
I. Use of the Site
You can freely browse the TFA Website and for certain activities you will be required to have an account. Creating an account is free and the signup process is set out on the TFA Website. Please note that you are fully responsible and liable for the security of your account password and any/all use or misuse of the same. We do not assume any responsibility and will not be liable, for any damages arising from or related to your failure to keep your password secure. In order to have more information on the use of the data provided trough the TFA Website please go the Privacy Notice of TFA Website.
We may alter, suspend, or discontinue the TFA Website or its content at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. In addition, these General Terms and Conditions may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to the TFA Website. It is your responsibility to review these General Terms and Conditions for any changes.
II. Copyright and Trademarks
All content included on the TFA Website, such as text, graphics, logos and photos is the property of The Fancy Archive or its suppliers and collaborators and is protected by Mexican and international copyright laws. The Fancy Archive has all the applicable copyright licenses, permits and rights on the content of the TFA Website. Nothing contained on this Website should be construed as granting any license or right to use the TFA Website or any materials displayed on it, through the use of framing or otherwise, except: (a) as expressly permitted by these General Terms and Conditions; or (b) with our prior written permission. You shall not attempt to override or circumvent any of the usage rules or restrictions on the TFA Website.
III. Links to Third Parties Websites
This Website may contain links to other websites that are not owned or controlled by The Fancy Archive. We are not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites and/or that we are using their trademarks for any commercial purposes.
IV. Limitation of Liability
IN NO CASE SHALL THE FANCY ARCHIVE BE LIABLE TO USER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES CAUSED TROUGH THIS WEBSITE.
USER AGREES TO INDEMNIFY AND HOLD THE FANCY ARCHIVE HARMLESS FROM ALL CLAIMS, DEMANDS, AND COSTS, INCLUDING REASONABLE ATTORNEY FEES, MADE BY THIRD PARTIES AGAINST THE FANCY ARCHIVE RELATING TO USE OF THE TFA WEBSITE, AND TO PAY ANY COSTS AND EXPENSES INCURRED BY THE FANCY ARCHIVE TO ENFORCE USER’S OBLIGATIONS.
THE FANCY ARCHIVE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE TFA WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE TFA WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE TFA WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
“Confidential Information” includes all information that is labeled confidential or would reasonably be considered confidential, including but not limited to the information of the people interviewed for their profiles, user’s information, our suppliers, collaborators, our employees, organization, activities, policies, or products. The confidential information will not include information that (a) is or becomes a part of the public domain through no act or omission of the other Party; or (b) was in the other Party’s lawful possession prior to the disclosure and not subject to nondisclosure requirements; or (c) is lawfully disclosed to the other Party by a third party without restriction on disclosure; or (d) is independently developed by the other Party. A Party may disclose confidential information as required by law or governmental ruling provided, however, that before making such disclosure, the Party of whom disclosure is required gives the other Party an adequate opportunity to interpose an objection and/or take action to assure confidential handling of such information. The Parties agree not to disclose confidential information to any third party or to use each other’s confidential information for any purpose other than the implementation of this Agreement. Each Party agrees to use the same degree of care that it uses to protect its own confidential information of a similar nature and value, but in no event less than a reasonable standard of care, to ensure that confidential information is not disclosed or distributed in violation of the provisions of this Agreement. Should the Parties fail to comply with its obligations hereon, the affected Party may pursue civil or criminal actions or any other applicable legal action, against such illicit acts, in accordance with Articles 82 to 86, 86 bis, and 223, sections III, IV and V of the Mexican Industrial Property Law, and Articles 210 and 211 of the Mexican Federal Criminal Code, as well as any applicable International Treaty regarding trade secrets.
You acknowledge and agree that The Fancy Archive shall have the right to modify or amend in full or in part, at any time and without previous consent required by the User or other party, these General Terms and Conditions.
VII. Law and Jurisdiction.
To the extent The Fancy Archive and you are unable to resolve a dispute informally, you agree to make a good faith attempt to resolve the dispute by mediation in Mexico City. For any interpretation, fulfillment or enforcement of this Agreement, the parties subject themselves to the jurisdiction of the competent Courts of Mexico City, agreeing to apply Federal Mexican law, and hereby expressly waive any other jurisdiction or law that could apply to them due to their present or future domiciles.
VIII. Consumers’ Protection.
You acknowledge and accept that these General Terms and Conditions are in accordance with the Consumers’ Protection Federal Act, its Regulations and related legal instruments.
IX. Data protection.
The personal data for which The Fancy Archive is responsible shall always be processed in accordance to the provisions and principles of the Mexican Data Protection Act (“Ley Federal de Datos Personales en Protección de Particulares”) and its Regulations. For more information please go to our Privacy Notice.
X. Contacts. For all inquiries, please write to the following address: firstname.lastname@example.org