Terms and Conditions

This is a translation from the Spanish version of the Terms and Conditions. It serves only as a reference. In the event of an inaccuracy, the Spanish version is considered the correct version.

This contract describes the general terms and conditions (hereinafter only "TERMS AND CONDITIONS") applicable to the use of the contents, products and services offered through the sites iheartcaptions.cc and app.iheartcaptions.cc (hereinafter, "PLATFORM"), owned by José María Campaña Rojas (hereinafter, "OWNER").

Any person wishing to access or make use of the site or the services offered therein, may do so subject to these TERMS AND CONDITIONS, as well as policies and principles incorporated herein. In any case, any person who does not accept these terms and conditions must refrain from using the PLATFORM and/or acquiring the products and services that may be offered.

I. OBJECTIVE

The purpose of these TERMS AND CONDITIONS is to regulate access to and use of the PLATFORM, meaning any type of content, product or service that is available to the general public within the domain: iheartcaptions.cc.

The OWNER reserves the right to modify at any time and without prior notice, the presentation, content, functionality, products, services, and configuration that may be contained in the PLATFORM; in this sense, the USER acknowledges and agrees that the OWNER at any time may discontinue, disable or cancel any of the elements that make up the PLATFORM or access to them.

In addition to the cost of the internet connection by virtue of the services that the USER has contracted with any telecommunications provider, part of the contents or services offered on the iheartcaptions.cc site or, where appropriate, by third parties through the PLATFORM may be subject to the prior contracting of the content, product or service, in which case the general or particular conditions governing access to such content will be clearly specified and made available to the USER.

Access to part of the contents and services of the PLATFORM may be made after prior subscription or registration of the USER.

The PLATFORM is addressed to any person, regardless of age.

The USER is informed that the OWNER may administer or manage the PLATFORM directly or through a third party, which in no way modifies the provisions of these TERMS AND CONDITIONS.

II. THE USER

Access to or use of the PLATFORM confers the status of USER of the PLATFORM, and shall therefore be subject to these TERMS AND CONDITIONS, as well as any subsequent amendments thereto, without prejudice to the application of applicable legislation, and shall therefore be deemed to be accepted from the moment of access to the PLATFORM. Given the relevance of the foregoing, the USER is advised to review any updates to these TERMS AND CONDITIONS.

It is the responsibility of the USER to use the PLATFORM in accordance with the manner in which it was designed; in this sense, the use of any type of software that automates the interaction or downloading of the contents or services provided through the PLATFORM is prohibited. Furthermore, the USER agrees to use the information, content or services offered through the PLATFORM in a lawful manner, without contravening the provisions of these TERMS AND CONDITIONS, morality or public order, and shall refrain from performing any act that may affect the rights of third parties, or in any way impair the operation of the PLATFORM.

Likewise, the USER agrees to provide lawful and truthful information in the forms provided in the PLATFORM, in which the USER has to provide certain data or information for access to any content, product or service offered by the PLATFORM. In any case, the USER shall immediately notify the OWNER of any fact that could lead to suppose the improper use of the information registered in such forms, such as theft, loss, or unauthorized access to accounts and/or passwords, in order to proceed to its immediate cancellation.

Access to the PLATFORM does not imply the establishment of any type of relationship between the OWNER and the USER.

III. ACCESS AND NAVIGATION ON THE PLATFORM

The OWNER does not guarantee in any way the continuity and availability of the content, products or services offered through the PLATFORM, however, the OWNER will carry out the actions that according to its possibilities allow it to maintain the proper functioning of the PLATFORM, without this implying any responsibility on the part of the OWNER.

Similarly, the OWNER shall not be responsible or guarantee that the content or software that can be accessed through the PLATFORM, is free of errors, malicious software, or that may cause any damage to software or hardware on the equipment through which the USER accesses the PLATFORM.

The OWNER is not responsible for any damage that may be caused by improper use of the PLATFORM. In no event shall the OWNER be liable for any loss, damage or harm of any kind arising from the mere access or use of the PLATFORM.

IV. PRIVACY AND DATA PROTECTION POLICY

In accordance with the provisions of Mexican law, the OWNER undertakes to adopt the necessary measures within its power to ensure the privacy of the personal data collected in order to guarantee its security and prevent its alteration, loss or unauthorized processing.

In addition, in order to comply with the provisions of Mexican law, all personal data collected through the PLATFORM will be treated in accordance with the principles of legality, quality, purpose, loyalty and responsibility. Any processing of personal data shall be subject to the consent of the owner. In any case, the use of financial or patrimonial data will require the express authorization of its owners, however, this may be given through the PLATFORM itself using the mechanisms enabled for that purpose, and in any case the utmost diligence and care will be given to this type of data. The same will occur in the case of sensitive personal data, considering by these those that due to improper use may give rise to discrimination or its disclosure entails a risk to the holder.

At all times it will be ensured that the personal data contained in the databases or files that may be used, are relevant, correct and updated for the purposes for which they were collected.

The OWNER reserves the right to modify its Privacy Policy, according to its needs or derived from any change in legislation. The access or use of the PLATFORM after such changes, will imply the acceptance of these changes.

On the other hand, access to the PLATFORM may involve the use of cookies, which are small amounts of information that are stored in the browser used by the USER. Cookies facilitate navigation, make it more user-friendly, and do not damage the navigation device, for this purpose, they can collect information to enter the PLATFORM, store the USER's preferences, as well as the interaction he/she has with the PLATFORM, such as: the date and time the PLATFORM is accessed, the time it has been used, the sites visited before and after it, the number of pages visited, the IP address from which the user accesses it, the frequency of visits, etc.

This type of information will be used to improve the PLATFORM, detect errors, and possible needs that the USER may have, in order to offer USERS better quality services and content. In any case, the information collected will be anonymous and will not identify individual users.

In the event that the USER does not wish this type of information to be collected, he/she should disable, reject, restrict and/or eliminate the use of cookies in his/her Internet browser. The procedures to perform these actions may differ from one browser to another; consequently, it is suggested to review the instructions provided by the browser developer. In the event that you reject the use of cookies (totally or partially) the USER will be able to continue using the PLATFORM, although some of its functions may be disabled.

It is possible that in the future these policies regarding cookies may change or be updated, so it is advisable to review the updates that are made to these TERMS AND CONDITIONS, in order to be properly informed about how and why we use the cookies that are generated when entering or using the PLATFORM.

USERS or third parties who make or publish a web link from an external website to this PLATFORM must take into account the following:

Reproduction (total or partial) of the contents, products or services available on the PLATFORM is not allowed without the express authorization of the OWNER. False, inaccurate or incorrect statements about the PLATFORM, or its contents, products or services will not be allowed, and the OWNER may restrict access to the PLATFORM to any person who incurs in such acts.

The establishment of a link to the PLATFORM from any external site does not imply the existence of any relationship between the HOLDER and the owner of the PLATFORM from which it is made, nor does it imply the knowledge of the HOLDER of the content, products or services offered on external sites from which you can access the PLATFORM.

VI. INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY

The OWNER, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the PLATFORM, this being understood as the source code that makes its operation possible, as well as the images, audio or video files, logos, trademarks, color combinations, structures, designs and other elements that distinguish it. They will be, therefore, protected by the Mexican legislation on intellectual and industrial property, as well as by the applicable international treaties. Therefore, it is expressly prohibited the reproduction, distribution, or dissemination of the contents of the PLATFORM, for commercial purposes, in any medium and by any means, without the authorization of the OWNER.

The USER agrees to respect the intellectual and industrial property rights of the OWNER. However, in addition to being able to view the elements of the PLATFORM may print, copy or store them, provided it is solely for strictly personal use.

On the other hand, the USER shall refrain from deleting, altering, or manipulating any element, file, or content of the PLATFORM, and for no reason shall perform acts aimed at violating the security, files or databases that are protected, either through restricted access through a username and password, or because it does not have permission to view, edit or manipulate them.

In the event that the USER or any third party considers that any of the contents of the PLATFORM involves a violation of the rights of protection of industrial or intellectual property, you must immediately notify the OWNER through the contact details available on the PLATFORM itself and / or through the following means:

Email: chemisax@komoni.mx

By uploading content, the USER guarantees that he/she is the owner of the content, or that he/she has the right to use it and is able to provide the license for its use; also, that he/she is not violating any right of privacy, publicity, copyright, contractual, intellectual property or the rights of any other person, or incurring in a violation of the contract between the USER and a third party. In case of conflict, caused by the contents uploaded by the USER, the USER agrees to cover all related expenses generated by the problem.

VII. RETENTION AND DELETION OF CONTENT

The OWNER undertakes to effectively and completely delete the content uploaded by the user within a maximum period of 36 hours from its upload to the PLATFORM.

Documents generated as a direct result of the content uploaded by the user will be stored on the PLATFORM for an indefinite period, unless the user chooses to delete them or decides to close his/her account.

Documents generated as a result of content uploaded by the user to the PLATFORM will not be distributed to third parties under any circumstances. The ownership of the derived documents shall be vested in the USER, who uploaded the original content, or whoever holds the legal rights to the original content.

The OWNER reserves the right to use the metadata of the original content provided by the USER, as well as the derivative documents generated and their metadata, for the exclusive purpose of improving the quality and efficiency of the service.

VIII. APPLICABLE LAW AND JURISDICTION

The HOLDER reserves the right to file any civil or criminal actions it deems necessary for the improper use of the PLATFORM, its contents, products or services, or for the breach of these TERMS AND CONDITIONS.

The relationship between the USER and the HOLDER shall be governed by the legislation in force in Mexico, specifically in Michoacán de Ocampo. Should any controversy arise in relation to the interpretation and/or application of these TERMS AND CONDITIONS, the parties shall submit to the ordinary jurisdiction of the corresponding courts of law in the state referred to.

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