Terms and Conditions
Mexico-Creative Terms and Conditions
Throughout the site Mexico-Creative, the terms "we," "us," and "our" refer to Mexico-Creative. Mexico-Creative offers this site, including all information, tools, and services available to you on this site, the user, conditioned on your acceptance of all terms, conditions, policies, and notices set forth herein.
By visiting our site and/or selling or purchasing, you participate in our service and agree to the following terms and conditions ("Terms and Conditions"), including all additional terms and conditions and policies referenced herein and/or available via hyperlinks. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, and merchants.
Please read these Terms and Conditions carefully before accessing or using the site. By accessing or using any part of the site, you are agreeing to the Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any of the services. If the Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Terms and Conditions
We have tried to make the terms of use on Mexico-Creative simple to understand and as useful and fair as possible; terms that you understand and can comply with.
Definitions and Notification of Changes
By using the Mexico-Creative.com website and all sub-domains, you are agreeing to be bound by the following terms and conditions [the “Terms and Conditions”, the “Agreement”].
Mexico-Creative may change these terms at any time by posting changes. Please review these terms regularly to ensure you are aware of any changes made. Your continued use of Mexico-Creative.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Any new features or tools that are added to the current site also be subject to the Terms and Conditions. You can review the updated version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of the Terms of Service by posting updates and/or changes on our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of such changes.
General Terms
1. You must be 18 years of age or older to purchase or sell via Mexico-Creative; be ultimately responsible for the account. By using this site, you represent that you are at least the age of majority.
2. If you register as a business on Mexico-Creative you must guarantee that you personally have the authority of the business to agree to the terms of use.
3. These terms shall be governed by and interpreted in accordance with the law of the United States.
Behavior
4. You must not use Mexico-Creative for any illegal or unauthorized or unlawful purpose, and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction. You may not use our products for any illegal or unauthorized purpose nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), any international, federal, provincial or state regulations, rules, laws, or local ordinances. In addition to other prohibitions as set forth in the Terms of Service, the following is prohibited: to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to present false or misleading information, or interfere with or circumvent the security features of the Service or any related website, other sites or the Internet.
5. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trademark, or other rights of third parties, or ask others to perform or participate in unlawful acts, to infringe or violate our or any third party's intellectual property right.
6. You must not threaten, intimidate, harass or otherwise abuse any other Mexico-Creative user, or collect or track personal information of others.
7. You are responsible for maintaining that the content you submit is your own and is not owned by others.
8. You are solely responsible for your behavior and conduct on Mexico-Creative.com including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the Mexico-Creative.com site.
9. You must not modify or adapt or ‘hack’ Mexico-Creative.com, or generate spam, phish, pharm, pretext, spider, crawl or scrape, or seek to create another site or communication to users that implies it is associated with Mexico-Creative.com
10. You must not produce unwanted communications [spam] to other users of Mexico-Creative.
11. You are responsible for keeping your username/password secure.
12. You must not upload or transmit or seek to transmit viruses, worms, or any malicious code that may be used to compromise the functionality or operation or alter the behavior or that is of a destructive nature to the Mexico-Creative site or any related sites.
13. You must not use the site or services for any obscene or immoral purpose.
Failure to comply with or violation of any of these Terms and Conditions results in immediate deletion/termination.
We reserve the right to suspend/terminate for violating any of the items of prohibited uses.
Submissions
14. If, without a request from us, you submit certain specific submissions (e.g., contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use comments that you have sent us. We are not and will have no obligation (a) to keep any comments confidential; (b) to pay compensation for comments; or (c) to respond to comments.
We may, but have no obligation to, monitor, edit, or remove content submission that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or the Terms and Conditions.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments do not contain defamatory or unlawful, abusive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related websites. You may not use a false email address, use another identity that is not legitimate, or mislead any third party or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not responsible for and assume no liability in respect of comments posted by you or any third party.
Liability
15. Under no circumstances will Mexico-Creative be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; © loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Mexico-Creative regardless of the form of action.
In no event shall Mexico-Creative, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, parents, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages, losses, claims, or damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of the use of any of the services or products purchased through the service, or for any other claim relating in any way to the use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of its possibility. In states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Mexico-Creative and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or resulting from your breach of the Terms of Service or the documents incorporated by reference, or the violation of any law or the rights of a third party.
We do not warrant that use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or terminate the service at any time without notice.
You expressly agree that your use of, or ability to use, the site is at your sole risk. The site and all products and services provided through the site are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Products
16. If you sell items as “handmade” then all products sold as “handmade” must be deemed to be the original design/product.
17. You must not list/sell prohibited items. Mexico-Creative reserves the right to change this list at any time and without notice.
Sales
We reserve the right to refuse any order placed. We may, at our discretion, limit or cancel the quantities. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
18. As a customer, you must pay for items purchased by you. You and you alone are liable for paying the seller if you commit to buy an item.
19. As a seller, you must post items purchased from you after receipt of payment in the time frame specified in the listing unless you cannot authenticate the buyer’s identity in which case you must notify Mexico-Creative.
20. We reserve the right to limit or prohibit sales/orders. You agree to promptly update your account and other information.
Site Subject to Change
21. Mexico-Creative retains the right to terminate or change the site/service (or any part of the content) for any reason at any time without notice.
22. Mexico-Creative retains the right to modify the Terms and Conditions at any time. Mexico-Creative will inform users of any changes to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms and Conditions by posting the updates and changes. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
If you break Terms and Conditions, then your account can/will be suspended and possibly deleted/terminated. Mexico-Creative seeks to promote legal activity and good conduct on its site. You understand and agree in using the site that Mexico-Creative is not responsible for the content posted on the site and that you may be exposed to content and behavior that contravenes the above Terms and Conditions and as such you use the Mexico-Creative service at your own risk.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of service.
We may provide you with access to third-party tools that we do not monitor and have no control or input over.
You acknowledge and agree that we provide access to these types of tools on an "as is" and "as available" basis without warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of tools provided by third parties.
Any use you make of the optional tools offered through the site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the third-party provider(s).
We may also offer you new services and/or features through the site in the future (including the release of new tools and resources). These new features and/or services will also be subject to these Terms and Conditions.
23. Mexico-Creative reserves the right to refuse service to anyone, for any reason, and at any time.
Content and Copyright
24. You [“the user”] in using Mexico-Creative allow Mexico-Creative the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Mexico-Creative to use this content both on and offline in perpetuity
25. You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).
26. You must not copy, modify, or distribute Mexico-Creative’s works or other content from the Site, without our express consent.
27. Mexico-Creative may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that Mexico-Creative determines to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms and Conditions, other site policies or other policy documents and community guidelines as posted on Mexico-Creative. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the site/service, use of the service, or access to the site/service or any contact on the site through which the service is provided, without the express written permission of us.
28. By submitting your content you grant Mexico-Creative a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out by Mexico-Creative. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.].
29. Your content must be your own original work which you have the right to make available, not defamatory, and does not infringe any law.
As a result of a breach of the above, you indemnify Mexico-Creative against all legal fees, damages and other expenses that may be incurred by Mexico-Creative.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform or adapt to technical requirements for connecting networks or devices.
Certain content, products, and services available via our site/service may include material from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and shall not have any obligation or responsibility for any third-party materials or websites, or for any third-party materials, products, or services.
30. We are not responsible for any damage(s) related to the acquisition or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Marketing and Linking
31. You shall not link out from Mexico-Creative to your own shop or other selling platform. Mexico-Creative is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.
The headings used in this agreement are included for convenience only and do not limit or affect these Terms of Use.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We cannot guarantee that computer monitors will display colors accurately.
We reserve the right, but are not obligated, to limit sales/products/services to any person, geographic region, or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services offered. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained will meet your expectations, or that any errors in the site/service will be corrected.
32. Terms and Conditions are effective unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our site/services.
If in our judgment, you fail, or are suspected to have failed, to enforce any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our site/services (or any part thereof).
Data and Privacy
We aim to follow and encourage best practice with use of personal data.
33. You must not collect information about users, including email addresses, without their express consent.
34. You must not hold multiple accounts in order to sell the same items as this constitutes ‘spam’ and/or unfair manipulation of the Mexico-Creative service.
35. You must not solicit for new business on Mexico-Creative, not send unsolicited communications except to ask or inform others about Mexico-Creative business (items, postage etc.). Any such action will result in your account being deleted/terminated and possible action taken with your company or internet service provider.
36. You must agree to the terms of the Privacy Policy.
Agreement
37. We undertake no obligation to update, correct, or clarify information on the site or any related site, including, without limitation, pricing information. No updated specification or update date applied on the site should be taken to indicate that all information on the site/service has been updated/modified.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies/operating rules posted by us on this site or with respect to the use/service constitute the entire agreement and understanding between us and govern the use of the service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us (including, but not limited to, any previous version of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting group.
Mexico-Creative is not responsible if the information available on the site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete, or timely information. Any reliance on the subject matter of this site is at your own risk.
From time to time there may be information on our site/service that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, products, shipping charges, transit time, and availability. We reserve the right to omit, change or update information or cancel orders if any information on the site/service is inaccurate at any time without notice (including after an order has been submitted).
Questions about the Terms and Conditions should be sent to info@mexico-creative.com.