By accessing and using this Internet portal, whose domain name is olyvia.io, owned by Olyvia, hereinafter referred to as OLYVIA, the user accepts the TERMS AND CONDITIONS OF USE contained in this agreement and expressly declares his acceptance using electronic means, in terms of the provisions of Article 1803 of the Federal Civil Code.
If the user does not fully and completely accept the terms and conditions of this agreement, he/she must refrain from accessing, using and observing the website olyvia.io.
And in case the user accesses, uses and observes the website olyvia.io, it will be considered as an absolute and express acceptance of the TERMS AND CONDITIONS OF USE stipulated herein.
The mere use of said website grants the general public the status of user (hereinafter referred to as the "user" or "users") and implies the full and unconditional acceptance of each and every one of the general and particular conditions included in these TERMS AND CONDITIONS OF USE published by OLYVIA at the same time that the user accesses the website.
Any modification to these TERMS AND CONDITIONS OF USE will be made when the owner of the same, in this case OLYVIA, considers it appropriate, and it is the sole responsibility of the user to ensure that he/she is aware of such modifications.
Adhesion agreement for the use of the website olyvia.io, entered into by OLYVIA on one side and the user on the other side, both parties agreeing to the terms and conditions stated in this document.
a) As a result of entering into this agreement, OLYVIA grants and concedes to the user a non-exclusive, revocable, and non-transferable right to view and use the website olyvia.io in accordance with the TERMS AND CONDITIONS OF USE stipulated herein. For the purposes of this agreement, the parties agree that the term "user" shall refer to any person of any nature who accesses the website www.olyvia.io and/or any of its subpages displaying its content and/or any person of any nature who registers and/or uses any of the services offered through said website.
b) The user may only print and/or copy any information contained or published on the website olyvia.io exclusively for personal use; the commercial use of such information is strictly prohibited. If the user is a legal entity, they shall be subject to the provisions of Article 148, Section IV of the Federal Copyright Law.
c) Reproduction, publication, distribution, assignment, sublicensing, sale, electronic or other means, in part or in whole, of any information, document or graphic appearing on the website olyvia.io for any use other than personal non-commercial use is expressly prohibited to the user, unless prior written authorization is obtained from OLYVIA.
Olyvia, the website olyvia.io, its logos and all the material appearing on said site, are trademarks, domain names, trade names and artistic works owned by their respective holders and are protected by international treaties and applicable laws regarding intellectual property and copyright.
Copyrights on the content, organization, collection, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or published on the website olyvia.io are duly protected in favor of Olyvia, its affiliates, suppliers and/or their respective owners, in accordance with applicable laws on intellectual and industrial property.
The user is expressly prohibited from modifying, altering or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos or in general any indication that refers to the ownership of the information contained on the aforementioned site.
In the event that the user transmits to Olyvia any information, programs, applications, software or in general any material that requires licensing through the website olyvia.io, the user hereby grants Olyvia a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the right to sublicense, sell, reproduce, distribute, transmit, create derivative works, exhibit and publicly perform them.
The provisions of the previous paragraph shall apply equally to any other information that the user sends or transmits to Olyvia, including, without limitation, ideas for renovating or improving the website olyvia.io, whether or not they have been included in any space on the aforementioned page or by virtue of other known or future means or modes of transmission.
Therefore, the user expressly waives any action, demand or claim against Olyvia, its affiliates or suppliers for any actual or eventual violation of any copyright or intellectual property right derived from the information, programs, applications, software, ideas and other material that the user himself sends to the website olyvia.io.
It is our policy to act against any violations that may arise in intellectual property matters as stipulated in the legislation and other applicable intellectual property laws, including the removal or blocking of access to material that is subject to activities that infringe the intellectual property rights of third parties.
In the event that any user or third party considers that any of the content found or introduced on said site olyvia.io and/or any of its services violate their intellectual property rights, they must send a notification to the following address [email protected], indicating: i) true personal data (name, address, telephone number and email address of the claimant); ii) autographed signature with personal data of the holder of the intellectual property rights; iii) precise and complete indication of the protected content (s) through the intellectual property rights allegedly infringed, as well as the location of such violations on the aforementioned website; iv) express and clear statement that the introduction of the indicated content (s) has been made without the consent of the holder of the allegedly infringed intellectual property rights; v) express statement, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the indicated content (s) constitutes a violation of said rights.
The user acknowledges and agrees that OLYVIA is an independent organization of third-party sponsors and advertisers whose information, images, advertisements, and other promotional or advertising material (hereinafter "advertising material") may be published on the website olyvia.io.
The user acknowledges and agrees that the advertising material is not part of the main content published on said site. Likewise, the user acknowledges and agrees with this act that this material is protected by the laws applicable in matters of intellectual and industrial property.
The user agrees that the use of the website olyvia.io is at their own risk and that the services and products provided and offered therein are provided on an "as is" and "as available" basis. OLYVIA does not guarantee that the designated page will meet the user's requirements or that the services offered on it will not be interrupted, secure, or free of errors.
OLYVIA does not guarantee or endorse in any way the truthfulness, accuracy, legality, morality, or any other characteristic of the content of the material published on the website olyvia.io.
OLYVIA disclaims any liability and conditions, both express and implied, regarding the services and information contained or available on or through this website; including, without limitation:
a) The availability of use of the website olyvia.io.
b) The absence of viruses, errors, deactivators, or any other contaminating or destructive material or function in the information or programs available on or through this page, or in general any failure in said site.
c) Notwithstanding the foregoing, OLYVIA or its suppliers may update the content of the page constantly, so users are requested to take into account that some information advertised or contained on or through this website may have become obsolete and/or contain inaccuracies or typographical or spelling errors.
To the maximum extent permitted by applicable law, Olyvia shall not be liable for any direct, special, incidental, indirect, or consequential damages whatsoever resulting from or related to:
a) The use or performance of the website olyvia.io, the delay or inability to use Olyvia's services.
b) The provision or lack of provision of services or any information or graphics contained or published on or through the aforementioned site.
c) The updating or lack of updating of information.
d) The alteration or modification, in whole or in part, of the information after it has been included on said site.
e) Any other aspect or characteristic of the information contained or published on the website or through the links that may be included on this site.
f) The provision or lack of provision of other services. All of the aforementioned shall be applicable even if Olyvia has been notified or advised of the possibility of such damages.
Olyvia may, at any time and at its sole discretion, without the need to notify the user, make corrections, additions, improvements, or modifications to the content, presentation, information, services, areas, databases, and other elements of said site, without this giving rise to any claim or compensation, nor implying any acknowledgment of responsibility in favor of the user.
Olyvia reserves the right to modify the TERMS AND CONDITIONS OF USE of this agreement at any time, with such modifications taking effect immediately by means of:
a) Posting the modified agreement on the olyvia.io website.
b) Notifying the user of such modifications.
Therefore, the user agrees to periodically review this agreement in order to stay informed of such modifications. Notwithstanding the foregoing, each time the user accesses the aforementioned site, it shall be considered as an absolute acceptance of the modifications to this agreement.
Occasionally, OLYVIA may add additional provisions to these TERMS AND CONDITIONS OF USE of this agreement relating to specific areas or new services provided on or through the website olyvia.io (hereinafter "additional terms"), which will be posted in the specific areas or new services of said site for reading and acceptance. The user acknowledges and agrees that these additional terms are an integral part of this agreement for all legal purposes.
OLYVIA may, at any time and at its discretion, assign all or part of its rights and obligations arising from this agreement. By virtue of such assignment, OLYVIA will be released from any obligation in favor of the user established in this agreement.
The user agrees to indemnify OLYVIA, its affiliates, suppliers, vendors, and advisors for any action, demand, or claim (including attorneys fees and court costs) arising from any breach by the user of this agreement, including, without limitation, those arising from:
a) Any aspect related to the use of the website olyvia.io.
b) The information contained or available on or through said site or of injury, defamation, or any other violative conduct of this agreement by the user in the use of the indicated website.
c) Violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on or through said website.
OLYVIA reserves the right, at its sole discretion, and without notice or notification to the user, to:
a) Permanently terminate this agreement.
b) Discontinue or permanently stop publishing the website olyvia.io without any liability to OLYVIA, its affiliates, or suppliers.
These TERMS AND CONDITIONS OF USE, as well as the additional terms, constitute the entire agreement between the parties and supersede any other agreement or convention entered into previously. Any clause or provision of this agreement, as well as the additional terms, legally declared invalid, shall be removed or modified at the discretion of OLYVIA, in order to correct its defect or error. However, the rest of the clauses or provisions shall retain their force, enforceability, and validity.
The inactivity by OLYVIA, its affiliates, or suppliers in exercising any right or action arising from this agreement shall not be construed at any time as a waiver of such rights or actions.
This agreement shall be subject to and interpreted in accordance with the laws and before the courts of Mexico City, Mexico.