Terms and Conditions
Last Updated: June 22, 2018
Thank you for visiting this Barraca Producciones, S.A. de C.V. ("we" or "us") offering. These terms govern your use and our provision of this website (the “Site”). By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions and states you are a legal aged individual. If you do NOT accept the Terms and Conditions, then please discontinue your use of this Site. PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSE THE SITE
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS TERMS AND CONDITIONS.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
Use of Contents
The Site is owned and operated by Barraca Producciones, S.A. de C.V. and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by us. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with us.
The contents of the Site are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
Disclaimers and Limitation on Liability
We provide links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party materials on the Site. Neither us, our parent, subsidiary companies, affiliates, or suppliers operate or control in any respect the information, products or services on these Third Party Sites. The content, materials, and products or services available in or accessible through the Site are AS IS AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE DONT NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NBCU, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of us and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Barraca Producciones, S.A. de C.V. will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
When you access the Site through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Using the Site may be prohibited or restricted by your network provider and the Site may not work with your device.
You agree to indemnify, defend and hold Barraca Producciones, S.A. de C.V. and its parent, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
We may, in our sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason.
Submissions and Unsolicited Ideas
We are always happy to hear from you, but it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do NOT send to us any original creative materials such as screenplays, stories, original artwork, etc. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent: Ricardo Gil, Barraca Producciones Law Department, located at Ricardo Margain #260, Col. Valle del Camesptre, San Pedro Garza García, Nuevo Leon, MX. C.P. 66265. E-mail: firstname.lastname@example.org
We are only able to accept notices in English or Spanish.
In addition, pursuant to U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address. E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Choice of Forum and Law
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Monterrey, Nuevo Leon, Mexico, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
These terms are governed by and construed in accordance with the laws of Mexico, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
We reserve the right, in our sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site. If you do not agree to any change to these terms, you must discontinue using the Site. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.