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Terms and Conditions





TERMS AND CONDITIONS FOR USE OF THE WEBSITE MANA.COM.MX



GENERAL CONDITIONS.

The website www.mana.com.mx (hereafter, the “Website”) is the property of PALAPA MUSIC, S. DE R.L. DE C.V. (hereafter, “PALAPA MUSIC”), which has its registered address at Manuel Acuña 3359 E, Fraccionamiento Monraz, C.P. 44670, Guadalajara, Jalisco. México.

PALAPA MUSIC reserves the right to require each user to accept and comply with the terms set out here as a prior and necessary condition to the access to, and use of, the applications and content offered by the Website.
By using the Website, any interested party shall become a User (hereafter, the “User”). Once the User accesses the Website and uses any of its existing applications and/or content, he shall be assumed to be aware of the contents of this document, as well as assumed to have accepted fully each and every one of the provisions contained in it.

If the User decides not to accept these Terms and Conditions and/or, as the case may be, any Future Terms and Conditions that may be published, and/or any legal provision herein contained for use of the applications on the Website, he must refrain from accessing and/or using any application contained therein, and above all any application for the upload of posts, images, photographs, videos and/or any type of work or content which the User decides to upload to the Website.
The User undertakes to use the applications on the Website in accordance with the law, these Terms and Conditions, generally accepted morals, conduct and public order.

The User undertakes not to use the applications on the Website for ends or purposes that are unlawful, contrary to those set out in these Terms and Conditions, injurious to the rights and interests of third parties, in particular those relating to image rights and copyright, as well as avoid any conduct which could damage, disable, overload or spoil the applications on the Website or impede the normal use or enjoyment of its applications and content.
In particular, by way of example but not to be construed as exhaustive, there is prohibited the uploading, reproduction and/or making available on the Website any type of content which:

A. In any form indicates harassment, surveillance, threats or abuse towards other persons or companies.

B. Incorporates content which is obscene, censorable, or which could offend the sensibilities of any third party that may have access to the same.

C. Displays content that may infringe or weaken the intellectual or industrial property rights of third parties.

D. Contains defamatory material that infringes the rights of third parties, and in particular the image rights of those persons who appear in photos, videos or any other content in which there may appear images of people.

E. Encourages others to breach these Terms and Conditions and/or the legal obligations set out in the applicable regulatory framework in force.

F. Is used for commercial purposes, marketing or illegal purposes; or likewise for the transmission of junk mail, spam, chain mail or the mass distribution of unsolicited messages.

G. Contains images that are pornographic in any way, or which incite violence.

H. Are offensive, in particular with reference to the right to honor, dignity, intimacy, to not be subject to discriminatory treatment, to health, to image and the free expression of ideas; with absolute independence from the legal body where such rights are recognized.

I. Is content, the purpose of which is to weaken the security and/or normal functioning of the information systems of the Website or of third parties.

J. Induces, instigates or promotes actions that are criminal, illegal, dysfunctional or morally reproachable.

K. Have as their purpose the gathering of third party information in order to send advertising or propaganda of any type or sort, without it being expressly requested.



LEGAL CAPACITY OF USERS.

Only such persons as may, according to the applicable law in their domicile, validly grant their consent to enter into this Agreement, may access and use the applications and/or content of the Website. If this is not the case, the User must refrain from accessing and using the applications and/or content of the Website or, as the case may be, obtain, without any excuse, the prior consent of his legal representatives or guardians, who shall be considered liable for all conduct carried out on the Website by the person lacking capacity who is under their care.



USE OF USER INFORMATION (PRIVACY WARNING)

In order to participate in the Website community, the User must register, for which he must create a user account on the internet. For this purpose, we will require the following information: e-mail address, username and password.
The User is responsible for keeping his password confidential, as well as all activities which occur during the session logged into with his username and password. The User undertakes immediately to inform PALAPA MUSIC of any unauthorized use of his username and password or of any other security breach. PALAPA MUSIC shall not be liable for any loss or damage which may be caused by the User´s failure to comply with this obligation.
PALAPA MUSIC shall only use Users´ personal data in order to facilitate their participation in the Website community and use of the applications and content of the same.

PALAPA MUSIC shall not supply Users´ personal data to third parties without asking for their prior consent and previously informing the User, at his e-mail address registered on the Website, of the details of the recipient of his personal data and the purpose of any such proposed transfer.

Personal Data shall be handled by automated processing and incorporated into the corresponding automated personal data files of which PALAPA MUSIC is the owner and for which it is responsible. For this purpose, PALAPA MUSIC shall provide Users with the appropriate technical resources so that, in advance, they may access this Privacy Warning or any other relevant information and may grant their consent for PALAPA MUSIC to carry out automatic processing of their Personal Data. As set out in Articles 8, 17 and others relating to the Mexican Law on Protection of Personal Data in the Possession of Individuals, and each time that this Privacy Warning is made available to Users before they provide their Personal Data, it shall be understood that Users consent to the same if they do not expressly object to it. Therefore the provision of personal data, including e-mail addresses, assumes the User´s express assent to his inclusion in the automated file for which PALAPA MUSIC is responsible.

The User warrants that the Personal Data provided to PALAPA MUSIC are true and shall be responsible for notifying the latter of any change to the same.
The personal information provided by Users shall be handled with due care and protection, in defense of its privacy. However, the services and applications of the Website were designed, among other purposes, to allow users access to certain (non-sensitive) data of other users, permitting their interaction in the scheme of a social network. As such, by delivering any personal information other than their name, the user waives any expectation of privacy which he has in respect of the use of this personal information provided on the site. Users who do not wish their e-mail address, photograph or image, city of residence, nationality or personal descriptions entered into the Website to be available to view on their profile within the Website community, should not register with the Website.
There are recognized, and Users may exercise, their rights to access, cancellation, rectification and opposition, sending their requests to the e-mail address claudia@mana.com.mx.

PALAPA MUSIC reserves the right to modify the current privacy policy to suit its needs, which, in the event of being modified, will be notified to Users by way of notice on the Website.



PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

The User states that he is the owner of all intellectual property rights relating to the works that he uploads and makes available through the Website, including the rights to reproduce, distribute and/or make available the same, as well as the necessary authorizations in relation to the image rights of persons who appear in the uploaded photographs and videos, as such the User must ascertain that the works and/or content that he will upload to the Website do not violate or infringe any third party´s rights.

PALAPA MUSIC may remove any content or information uploaded or published in the Website community if it considers that it breaches the statement set out above or those set out in the corresponding letters A to K of the section General Terms and Conditions or any others not set out but which, in its opinion, breach the Terms and Conditions herein established, without prior warning or subsequent notice.
The User states that he has all necessary legal faculties to grant, in this Agreement, and does so grant, a worldwide, non-exclusive, transferable license, that may be sub-licensed, royalty-free, in favor of PALAPA MUSIC, S de R.L. DE C.V. for all the works that are uploaded to the application of the Website, to use (in whole or in part), publish, reproduce, edit, modify, include in other works, public communication and/or make available to the public, exhibit, distribute, store in electronic devices and/or distribute through all known media and to be known, the works uploaded with the application by any of its upload forms or upload of content, for any means and through any kind of communication, including use of the works for marketing and/or promotion. This license is granted for the longest term available pursuant to the applicable legislation relating to copyright and image rights.

Users may not reproduce, distribute, permit access to the public through any form of public communication, transform or modify the works or content of other Users which appear on the Website, unless they have the consent of the owner of the corresponding rights or it is legally permitted. Equally, Users may not delete, avoid or manipulate the technical protection devices, digital footprints or any other information mechanism that could be contained in the contents.



RESPONSIBILITY

PALAPA MUSIC reserves the right to consider any work or content uploaded to the Website as “illegal”, the User being the sole person responsible for its publication. In any event, the IP addresses from which the works are sent and any type of content are recorded in case there is any type of felony.

The uploading of works and any content onto the Website´s server are the sole responsibility of the Users who upload them.

PALAPA MUSIC is not, in any event, to be held responsible for the publication and making available of works and content uploaded to the Website by Users and likewise there is excluded any liability for damages and losses of any nature which may occur, including those caused by copyright and image rights infringements.

PALAPA MUSIC does not guarantee the availability, continuity or infallibility of the functioning of the application used to upload content and works to the Website.

The User undertakes to release and hold harmless PALAPA MUSIC from any legal action or claim arising from the content he has uploaded to the Website, including, but not limited to, payment of damages and losses, costs and governmental fees.



LINKS

The Website contains links to other websites. The User should be aware that PALAPA MUSIC is not responsible for the privacy policies or content of other websites. The User acknowledges that on using such links he is leaving the Website and, as such, PALAPA MUSIC shall not be responsible for the content or privacy policies of these other websites.



GOVERNING LAW

PALAPA MUSIC complies with the requirements for handling the personal data of its Users in accordance with the specifications set out in the Mexican Law on Protection of Personal Data in the Possession of Individuals in force in Mexico. As such, it adopts the technical and organizational measures necessary to avoid the loss, misuse, alteration, unauthorized use and theft of personal data, given the state of technology, the nature of the data and the risks to which they are exposed.
These Terms and Conditions are governed in their entirety by applicable Mexican law, primarily, to the extent applicable, by the Mexican Copyright Law and the Industrial Property Law in force in Mexico.



PROHIBITED USE OF THE WEBSITE

Any use or upload of works and content to the Website with the intention of harming the rights of third parties or of contravening the legal order, or which constitutes a practice offensive to public decency, shall be considered PROHIBITED USE of the Website, insofar as it goes beyond the purposes for which it has been made available to Users.



PROTECTION OF THE CONTENT OF THE TERMS AND CONDITIONS

In the event that a court declares the nullity or lack of effect, in whole or part, of any of the clauses of these Terms and Conditions, the remaining provisions shall remain in force.



IMPORTANT NOTICE

Upon your registration to our "Community" (La Comunidad) you will be automatically enrolled to receive information pertaining to Tours, Events, Merchandise and Exclusive Offers.


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