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Terms and Conditions of Use

The following terms and conditions (hereinafter, the “Terms and Conditions of Use”) govern your use of this Website and any available content by or through this Website, including any content derived from said Website (hereinafter the “Website”). Caemosbien.com (hereinafter, “Caemosbien.com”) has provided you with the Website. We can perform changes to the Terms and Conditions from time to time at any moment without notice, by only posting such changes on the Website. By using the Website, you accept and agree to these Terms and Conditions of Use regarding your use of the Website.

1. Property Rights. Caemosbien.com is the sole and exclusive holder of all rights, title and interest in the Website, all content (including, e.g., audio, photographs, illustrations, graphics, other visual media, videos, copies, texts, software, titles, etc.), codes, data and materials of such Website, the appearance and setting, the design and organization of the Website, as well as the compilation of Website content, codes, data and materials, including, but not limited to, any copyright, trademark rights, database rights, moral rights, and other intellectual properties and property rights of such Website. Your Website use does not grant you ownership of any content, codes, data or materials to which you may have access on or through the Website. You acknowledge and agree to the fact that all rights, title and interest on and for our Website and our services (including with respect to software and technology underlying our Websites, any documentation or content provided by our services, as well as any know-how, registered trademarks, or service marks that are our property) (hereinafter, “Our Intellectual Property Rights”) are held by Caemosbien.com or by our licensors or providers.
2. Limited License. You can access and view the Website content from your computer or any other device and, unless otherwise is stated in these Terms and Conditions or on the Website, make individual copies or prints of the Website content solely for personal and internal use. The use of the Website and the services provided on or through the Website are solely for personal use and not for commercial use.

3. Prohibited Use. Any distribution, publication or commercial or promotional use of the Website, or of any content, codes, data or materials on the Website, is strictly prohibited, unless you have received a prior explicit permit written by the authorized personnel of Caemosbien.com or any other applicable right holder. Unless it is explicitly authorized in this agreement, you cannot download, report, present, publish, copy, reproduce, distribute, transmit, modify, execute, share, transfer, sell or exploit in such other manner, and create projects derived from any content, codes, data or materials on or available through the Website. You also agree to not alter, edit, delete, remove, or change in such other manner the meaning, aspect or purpose of any content, codes, data or materials on or available through the Website, including, but not limited to, the alteration or withdrawal of any trademark, registered trademark, logo, service mark, or any other content of property or property rights notice. You acknowledge that you are granted no property rights when downloading any materials with copyright of or through the Website. Should you use the Website, or the content, codes, data or materials on the Website or available through it, other than as set forth previously, you can transgress the laws related to copyright and other Mexican laws, the laws of other countries, as well as the local and federal applicable laws, and you can be subject to legal responsibility for such unauthorized use.

4. Trademarks. Trademarks, logos, service marks, registered trademark (collectively, the “Trademarks”) displayed on the Website or the available contents through the Website are registered Trade Names of Caemosbien.com and cannot be used with regards to products and/or services that are not related, associated, or sponsored by the rights holders and that can confuse customers, degrade or discredit the rights holders in any way. Any Trademarks that are not property of Caemosbien.com that appear on the Website or in or through the services of the Website, if any, are property of their relevant holders. No content on the Website shall be deemed as granting, due to implication, dismissal or any other way, any licenses or rights to use any Trademarks displayed on the Website without the written authorization of Caemosbien.com or third parties that could be the holders of such Trademark. The misuse of any Trademarks displayed on the Website or in or through any services of the Website is strictly prohibited.

5. User Information. While you use the Website and/or the services offered on or through the Website, we can request you to provide us with determined personalized information (hereinafter, the “User Information”). The policies regarding the use and the information gathering of Caemosbien.com with regards to the privacy of such User Information are set forth in the Privacy Notice of the Website, which is herein included as reference to all purposes. You acknowledge and agree to be the sole responsible for the accuracy of the User Information content.

6. Submitted Materials. Unless it is explicitly requested, we do not request or expect to receive any confidential, secret, or property information or any other material from you through the Website, by email, or any other means. Any information, creative work, exhibition, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or any other materials sent or submitted by you (including, for example but not limited to, the content that you send us by email) (hereinafter, the “Submitted Materials”) shall not be deemed confidential or secret and we can use such information in any manner set forth in the Privacy Notice of the Website. By submitting or sending Submitted Materials to us, (i) you represent and guarantee that the Submitted Materials are original and are yours, that any other individual has no right to them, and that any “moral right” to the Submitted Materials has been waived; (ii) you grant to us and our affiliates the right and and license, which shall be royalty-free, with no restrictions, global, perpetual, irrevocable, non-exclusive, and totally transferable, and which can also be granted and sub-licensed for the use, copy, reproduction, modification, adaptation, publication, translation, creation of projects derived from distribution, execution, exposition, and incorporation in other projects other than the Submitted Materials (totally or partially) in any way, means or technology, which can be known or to be developed, including advertising and/or commercial purposes. We cannot be liable for the storage of any Submitted Materials supplied by you and we can delete or destroy such Submitted Material at any given time.

7. Website Links. You agree to the fact that if you include any link from another Website to this Website, such link will open in a new navigation window and will be linked to the complete version of a formatted HTML page of this Website. You have no authorization to link directly to any image stored on the Website or our services, such as using an in-line linking method, so that such image stored by us is displayed on other Websites. You agree to not download or use images stored on this Website on other Websites with any purpose, including, but not limited to, posting such images on other Websites. You agree to not link other Websites to this Website so that the Website, or any page of the Website, is framed, surrounded, or obfuscated by the contents, materials, or brand positioning of any third party. We reserve all our rights in virtue of the law to request the discontinuation of any link to the Website and the revocation of the right to link to the Website from any other Website at any given time when we provide you with the written notice.

8. Websites of Third Parties. You can link the Website to websites of third parties, and third parties can link to the Website (hereinafter, the “Linked Websites”). You acknowledge and agree to the fact that we are not responsible for the information, content, products, services, advertisements, codes, and other materials that can or cannot be supplied by or through the Linked Websites, even if these are property of our affiliates or are directed by them. The links to Linked Websites do not constitute an endorsement or sponsorship from us of such websites or the information, content, products, services, advertisements, codes, or other submitted materials on or through such websites. Including any link to such websites on our website does not constitute the endorsement, sponsorship, or recommendation from Caemosbien.com. Caemosbien.com disclaims any liability for the links (1) from any other website to this Website and (2) to any other Website from this Website. Caemosbien.com cannot guarantee the standards of any other Website to which is linked on this Website and will not be responsible for the contents of such websites or any other subsequent link. Caemosbien.com does not represent or guarantee the accuracy, the compliance with the state or federal laws, and the compliance with the copyright laws or any other laws related to the intellectual property of the Website contents of any third parties. Caemosbien.com is not responsible for any form of transmission received from any linked Website. Any trust placed in the Website contents of third parties is done at your own risk, and you take all responsibilities and consequences derived from placing such trust.

9. Compensation. You agree to advocate for, compensate, and hold Caemosbien.com, as well as the directors, officers, employees, and agents of Caemosbien.com and its affiliates, harmless of any complaints, liabilities, costs, and expenses, of any nature, including the attorney’s fees that could result from the use of the Website, the upload or transmission of any message, content, information, software, or other material through the Website, or that could result from the breach of the law or these Terms and Conditions. Caemosbien.com reserves the right, at its own cost and expense, to bear the exclusive defense and control of any matter and is subject to receive compensation from you. In this case, you agree to cooperate with Caemosbien.com in the defense of said complaint.

10. Disclaimer of Warranties. The Website, including, but not limited to, all services, content, operations, and materials provided through the Website are provided “as is” and “as available”, without any warranties, either explicit or implicit, including but not limited to any warranty of information, data, data processing services, unlimited or uninterrupted access, any warranty with regards to the availability, interpretability, uninterpretability, accuracy, precision, righteousness, perfection, conclusion, utility, or content of the information, as well as any warranty of title, non-infringement, merchantability, or suitability for a particular purpose. We herein disclaim any and all warranties, either explicit or implicit. We do not guarantee that the Website or the services, content, operations, or materials provided through the Website will be uninterrupted, error-free, nor do we guarantee that the errors will be corrected. We do not guarantee that the Website or the provided services will comply with the user requirements. No advice, result, or information, either oral or written, that you can receive from us through the Website will create any warranty that has not been explicitly set forth herein. Caemosbien.com declines any responsibility and will not be responsible for any damage, virus that may infect your computer due to the access, use or navigation on the Website, as well as due to the download of any materials, data, texts, images, video or audio content from the Website. We reserve the right to change or amend any information provided on the Website at any given time and without prior notice. Caemosbien.com does not endorse and is not responsible for the accuracy or authenticity of any opinion, advice, or statement on the Website, as well as of any offensive, defamatory, obscene, improper, illegal, or breaching publication made on such Website by any person, except it is made by an authorized spokesperson employed by Caemosbien.com in their official capacity (including but not limited to other users of the Website). The User is responsible for assessing the accuracy, conclusion, or utility of any information, opinion, advice, or any other content available on the Website.

11. Limited liability. Under no circumstances, should Caemosbien.com or any of its directors, officers, employees, agents or suppliers be liable for, including but not limited to, the negligence, the content or the services, any direct, indirect, special, incidental, consequential, exemplary or punitive damage derived from, or directly or indirectly related to, the use, or the inability to use, the Website or the content, materials, and operations related to such Website, the provision of information on the Website, the lost business, or lost sales. Some jurisdictions do not allow the limitation or exclusion of liability derived from incidental or indirect damages. Consequently, some of the aforementioned limitations will not be applicable for certain users, depending on their geographic location. In no event any entities protected by or in connection with any content published, transmitted, exchanged or received by or on behalf of any user of another person on or through the Website are responsible. In any case the total amount of the liabilities of protected entities in connection with you for any damages, losses, and causes of criminal action (either in virtue of an agreement or due to wrongs perpetrated against you, including but not limited to negligence or in any other manner) derived from the terms and conditions or your use of the Website, shall exceed, on the total sum, the quantity, if any, you paid to Caemosbien.com for the use of the Website or the purchase via the Website.

12. Termination.  Caemosbien.com can terminate, change, suspend, or discontinue any feature of the Website or the services on the Website at any given time. Caemosbien.com can limit, suspend, or terminate your access to the Website and/or its services if you are deemed to be breaching our Terms and Conditions of Use or the applicable law or due to any other reason without notice or liabilities.

13. Caemosbien.com reserves the right, at its sole discretion, to change, modify, add, or remove any clause or piece of information of the Terms and Conditions of Use and the Terms and Conditions of Purchase, totally or partially, at any given time. The changes performed to the Terms and Conditions shall come into effect upon the publication. After the publication of any changes, continuing to use the Website and/or the services made available on or through the Website shall be deemed an agreement to such changes.

14. Applicable Laws and Jurisdiction. The parties shall endeavor to settle amicably any and all disputes that may arise from or in connection with this Agreement through arbitration. This arbitration shall be held according to the Arbitration Rules of the National Chamber of Commerce of Mexico City, in effect at the time the arbitration is started. Failure to do so, the parties shall appear before the Mexico City Courts, Mexico, waiving to any other jurisdiction to which they may be entitled, resulting in the interpretation of this Agreement in virtue of the Mexican laws.

Terms and Conditions of Purchase

The following terms and conditions (hereinafter, the “Terms and Conditions of Purchase”) govern your use of Caemosbien.com and any available content by or through this Website, including any content derived from said Website. By entering and using this Website, you (hereinafter, the “Customer”) agree to the Terms and Conditions of Use, as well as the “Terms and Conditions of Purchase” set forth in this Agreement.

By registering for Caemosbien.com and using any of the Services, You:

(a) declare that you are at least eighteen (18) years old.
(b) declare that you agree to these Terms and Conditions of Purchase.

The Customer’s use of our Services is subject to their acceptance and compliance of the following Terms and Conditions of Purchase:

1. The Caemosbien.com services are an online offer of design, programming or digital marketing campaigns.
2. Customers are liable for the accurate and updated provision of their contact information (as the case may be), including their full name, billing data, phone number, and email address.
3. The contact address of Caemosbien.com es Sierra Santa Rosa 194, Col. Reforma Social, Delegación Miguel Hidalgo, C.P. 11650, CDMX, México.
4. The password created by the Customer is individual and non-transferable. The use of such password for the intended purposes in Caemosbien.com and in compliance with these Terms and Conditions of Purchase is liability of the Customer.
5. Through the Website of Caemosbien.com, the Customer shall publish their strategic and informative document that clearly defines the required product or service, and shall include the strategic goals, mandatory details, and crucial needs, brief or briefs (hereinafter, “Brief”). By this document, the Customer shall request the designs or works for commercial projects, such as logotype designs and website designs.
6. The Customer shall perform the virus detection and other tests required to guarantee that the data uploaded or downloaded from the Website of Caemosbien.com does not contain any computer virus. The Customer is the sole responsible for the backup copy of the files related to our Services, even related to the writings, works, presentations, and requirements.
7. The Customer agrees to guarantee that their content (a) does not infringe the intellectual property rights or any other right of any individual and that all royalties or license rights applicable for ensuring the use of such material have been paid; (b) is not obscene, illegal, offensive, inconvenient, defamatory, or inappropriate in any other manner for people under the age of eighteen (18); and (c) does not contain and cannot be used for any purpose or activity of illegal, fraudulent, or defamatory nature.
8. Caemosbien.com reserves the right, at our own discretion, to reject the publication of any writing on the Website.
9. Caemosbien.com may, without mandatory, check any community contest or writing to verify the accuracy, information integrity, quality and/or clarity.
10. The projects derived from the provision of services of Caemosbien.com (hereinafter, “Final Product”), as well as the services requested and paid by the Customer, shall be property of the Customer. However, the methodology and know-how used by Caemosbien.com for the provision of such services shall not be property of the Customer.
    
    Fees

1. The costs shown on Caemosbien.com are in Mexican pesos and do not include VAT.
2. The service fees provided by Caemosbien.com and any other charge set forth in this Agreement shall be paid by the Customer according to the amounts and/or manner stipulated on the Websites.
3. Customers shall keep up-to-date their billing information and account, and any change shall be notified to Caemosbien.com.
4. In virtue of these Terms and Conditions of Purchase, the payment processing services of goods and/or services provided by Caemosbien.com are supplied by a hired third party.
5. The costs shown do not include VAT or other similar taxes (where applicable). Notwithstanding the foregoing clauses, the Customers shall be liable for any taxes, rights, levies established with regards to our Services (other than the taxes established in Our income). In order to avoid any doubt, should the effect of any taxes, rights, or charges applied to the fees reduce Our income in virtue of this Agreement, the rates shall be deducted in order to avoid the reduction of Our income in virtue of this Agreement.
6. On Caemosbien.com we make our Services available to Users and Customers registered for the Website. Should you request any service, you herein represent and guarantee that you are of legal age (18 years old or more). You agree to pay the total costs of the requested services, either with credit or debit card coinciding with your online order or other suitable means of payment for Caemosbien.com. You agree to pay all applicable taxes. In the event that we decline the payment due to your credit or debit card issuer or your agents, you agree to pay all due amounts when we make the complaint.
7. In case that you decide to pay all goods and/or services using credit card in USD and/or CAD, the payment shall be processed through an American buyer (i.e., a financial institution headquartered in the United States), and these terms shall constitute an agreement between You and Caemosbien.com.

   
   Privacy Notice on the Use of Information and Databases.

8. Through Caemosbien.com, diverse pieces of information of the Customer can be obtained and can be gathered and established in a database. Therefore Caemosbien.com publishes its “Privacy Notice” on the Website, which should be consulted in case of any doubts regarding the personal and financial data treatment of Caemosbien.com.
9. Should Caemosbien.com change its Privacy Notice, such changes shall be announced on the Website, in such a way that the Customer can always know the information gathered and the purposes for which it may be used.