Terms and Conditions

 

Purpose

This document constitutes an adhesion contract for the use of the website www.infomedia.com.mx hereinafter referred to as the “Website” and/or “Web Page”, entered into by and between Infomedia S.A. de C.V., hereinafter referred to as “Infomedia” and/or the “Company”, as the responsible party, and the User, who agree to be bound by the provisions of this document.

Acceptance of the Terms and Conditions

By accessing and using this website, identified by the domain name www.infomedia.com.mx, owned by Infomedia S.A. de C.V., the User accepts the Terms and Conditions of Use contained in this agreement and expressly declares their acceptance through electronic means, in accordance with Article 1803 and other applicable provisions of the Federal Civil Code.

For purposes of this agreement, the term “User” shall refer to any person, regardless of their nature, who accesses the website www.infomedia.com.mx and/or any subpage displaying its content, as well as any person who registers for and/or uses any of the services offered through the Website.

If the User does not fully and unconditionally accept the Terms and Conditions of this agreement, the User must refrain from accessing, using, or viewing the Website and/or any other service offered by Infomedia S.A. de C.V..

If the User accesses, uses, or views the Website, this shall be considered an absolute and express acceptance of the Terms and Conditions of Use established herein, the other documents incorporated by reference, and the applicable laws and regulations governing the use of the Website.

Infomedia S.A. de C.V. will not retain an individualized copy of this agreement entered into between the User and the Company. Therefore, the User is advised to save a copy of these Terms and Conditions of Use for their own records.

If the User violates any provision of these Terms and Conditions of Use, Infomedia S.A. de C.V. may terminate the User’s access, exclude the User from future transactions, and/or take any legal action it deems appropriate to protect its interests.

Use of the Website www.infomedia.com.mx

The User and Infomedia S.A. de C.V. agree that:

To use the Website, the User must be at least 18 years old or access the Website under the supervision of a parent or legal guardian.

Infomedia S.A. de C.V. grants the User a non-transferable and revocable license to use the Website under the Terms and Conditions of Use described herein, for the purpose of acquiring personal services offered through the Website.

The User may print and/or copy any information and/or image contained or published on the website www.infomedia.com.mx exclusively for personal use. Commercial use of such information is expressly and strictly prohibited. If the User is a legal entity, the provisions of Article 148, Section IV, of the Federal Copyright Law shall apply.

The reprinting, publication, distribution, assignment, sublicensing, sale, electronic reproduction or reproduction by any other means, whether in whole or in part, of any information, image, document, or graphic appearing on the website www.infomedia.com.mx, for any purpose other than personal and non-commercial use, is expressly prohibited unless the User has obtained prior written authorization from Infomedia S.A. de C.V..

Any violation of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this section, without prior notice.

Certain services and related features available on www.infomedia.com.mx may require registration or subscription.

The User acknowledges that, by providing personal information, they grant Infomedia S.A. de C.V. the authorization referred to in Article 109 of the Federal Copyright Law.

If the User decides to register for or subscribe to any of these services or related features, the User agrees to provide accurate and current information and to promptly update such information if any changes occur.

Each User is solely responsible for maintaining the security of their passwords and other account identifiers. The account holder is fully responsible for all activities carried out under their password or account.

During the registration process, the User agrees to receive promotional emails from Infomedia. However, the User may later choose not to receive such promotional emails by clicking the unsubscribe link located at the bottom of any promotional email.

Infomedia S.A. de C.V. reserves the right to block access to or partially or totally remove any information, communication, or material that, in its sole discretion, may be considered:

  1. Abusive, defamatory, or obscene;
  2. Fraudulent, contrived, or misleading;
  3. In violation of the copyrights, trademarks, confidentiality, trade secrets, or any other intellectual property rights of a third party;
  4. Offensive; or
  5. Contrary in any way to the provisions of this agreement.

Users are prohibited from violating or attempting to violate the security of the Website and the websites affiliated with Infomedia S.A. de C.V.. The following actions are expressly prohibited:

  1. Accessing data that the User is not authorized to use or logging into a server or account for which the User does not have authorized access;
  2. Attempting to examine, scan, or test the vulnerability of a computer system or network, or circumvent security or authentication measures without proper authorization;
  3. Attempting to interfere with the use of the Website by any other User, hosting service, or network, including, without limitation, transmitting a virus to the Website or to websites affiliated with Infomedia S.A. de C.V.; causing the saturation of such websites through flooding, spamming, mail bombing, or crashing;
  4. Sending unsolicited emails, including promotions and/or advertisements for products or services; or
  5. Forging any TCP/IP packet header or any portion of the header information in an email or newsgroup posting.

The User acknowledges that violations of computer systems or network security may result in civil or criminal liability.

Infomedia S.A. de C.V. will investigate situations that may involve such violations and reserves the right to report such actions to the appropriate authorities. The Company will cooperate with the competent authorities in the investigation of such violations in accordance with applicable law.

To access the Website properly, Users must have the equipment and facilities necessary to connect to the Internet, including a computer, telephone, modem, software, and other required resources. The use of such equipment is the sole responsibility of the User.

Infomedia S.A. de C.V. shall not be liable for interruptions or suspensions of Internet access caused by failures in telecommunications systems, electricity supply issues, acts of God, force majeure, or actions by third parties that may disable the equipment providing network access.

Accordingly, Infomedia S.A. de C.V. shall not be liable for any damage, harm, or loss suffered by the User as a result of failures in the system, server, or Internet.

The Company shall also not be liable for any virus that may infect the User’s equipment as a result of accessing, using, or browsing the Website, or as a result of transferring data, files, images, text, or audio contained therein.

Users may not hold the Company liable or demand compensation for damages arising from technical difficulties, system failures, or Internet failures.

Infomedia S.A. de C.V. does not guarantee continuous or uninterrupted access to or use of the Website. The system may occasionally be unavailable due to technical difficulties, Internet failures, or any other circumstance beyond the Company’s control. In such cases, the Company will attempt to restore access as quickly as possible, without assuming any liability as a result.

Infomedia S.A. de C.V. shall not be liable for any errors or omissions contained on the Website.

Intellectual and Industrial Property and Copyright

Infomedia S.A. de C.V. acknowledges that it is the sole owner of the intellectual property rights, whether registered or unregistered, associated with the website www.infomedia.com.mx, including, but not limited to, projects, software, source code, graphics, photographs, videos, images, music, sound, text, logos, trademarks, domain names, trade names, and data included on the Website.

All content on our Website is also protected by copyright as a collective work under Mexican copyright laws and international conventions. All rights reserved.

Users are advised that these rights are protected by applicable Mexican and international legislation relating to intellectual and industrial property and copyright.

The copying, reproduction, adaptation, modification, distribution, commercialization, licensing, transmission, disclosure, public communication, and/or any other action that infringes applicable Mexican or international intellectual and/or industrial property legislation is prohibited. The use of the Website’s content without the prior express written authorization of Infomedia S.A. de C.V. is also prohibited.

If the User transmits to Infomedia S.A. de C.V. any information, programs, applications, software, or, generally, any material that requires licensing through the Website www.infomedia.com.mx, the User hereby grants Infomedia S.A. de C.V. a perpetual, universal, free-of-charge, non-exclusive, worldwide, royalty-free license, including the right to sublicense, sell, reproduce, distribute, transmit, create derivative works from, display, and publicly perform such material.

The foregoing shall also apply to any other information that the User sends or transmits to Infomedia S.A. de C.V., including, without limitation, questions, reviews, comments, and suggestions for renewing or improving the Website, whether submitted through any section of the Website or by any other means of transmission currently known or developed in the future.

In addition, when the User submits comments or reviews to the Website, the User grants Infomedia S.A. de C.V. the right to use the name submitted by the User in connection with such review, comment, or other content.

Accordingly, the User expressly waives any right to bring any action, lawsuit, or claim against Infomedia S.A. de C.V., its affiliates, or suppliers for any actual or potential infringement of copyright or intellectual property rights arising from the information, programs, applications, software, ideas, or other material submitted by the User to the website www.infomedia.com.mx.

If the User believes that any content published on the Website infringes intellectual or industrial property rights, the User may submit a notice by contacting the Customer Service Center of Infomedia S.A. de C.V.. The User must provide:

  1. Accurate personal information, including the claimant’s name, address, telephone number, and email address;
  2. The handwritten signature of the owner of the intellectual property rights, together with their personal information;
  3. A precise and complete identification of the protected content allegedly infringed, as well as the location of the alleged infringement on the Website;
  4. An express and clear statement that the publication or inclusion of the identified content was made without the consent of the alleged rights holder; and
  5. An express and clear statement, made under the claimant’s responsibility, that the information provided in the notice is accurate and that the inclusion of the content constitutes an infringement of the applicable rights.

The Website contains links to third-party websites. These links are provided solely as a convenience to the User and do not imply that Infomedia S.A. de C.V. has approved the content of such third-party websites.

Infomedia S.A. de C.V. is not responsible for the content of linked third-party websites and makes no representation regarding the content or accuracy of the material available on such websites.

If the User chooses to access third-party websites through these links, the User does so at their own risk and responsibility.

Advertising Material

The User acknowledges and agrees that certain sections of the Website may contain information, images, advertisements, and other advertising or promotional material from third-party sponsors and advertisers, hereinafter referred to as “Advertising Material”.

Advertisers and sponsors are responsible for ensuring that the Advertising Material submitted for inclusion on the Website complies with applicable laws and regulatory codes.

Infomedia S.A. de C.V. is not responsible for any errors or inaccuracies in the Advertising Material.

The User further acknowledges and agrees that such Advertising Material is protected by applicable intellectual and industrial property laws.

Warranty for Acquired Services

Infomedia S.A. de C.V. acts as the provider and executor of various services contracted directly with its clients.

The duration of the contractual warranty shall be clearly specified in the final agreement entered into with the client.

No User may request a warranty broader than the one expressly specified in the applicable agreement. In such cases, Infomedia S.A. de C.V. shall not be obligated to provide warranties beyond those expressly agreed upon.

Services

1. Definition of the Services

Infomedia provides consulting services and solutions related to data processing, advanced analytics, artificial intelligence, big data, data governance and architecture, database administration, application development, and other related services displayed on the Website, collectively referred to as the “Services”.

2. Scope

The Services may include:

  • Identification and assessment of the Client’s needs;
  • Design of data-driven plans, models, or strategies, including master data plans or other similar strategies;
  • Implementation of technological solutions, software development, integration, maintenance, and support;
  • Training, consulting, and technical follow-up.

Infomedia may establish additional requirements for each Service, including deadlines, deliverables, resources, and other conditions. These requirements shall be agreed upon with the Client through separate agreements, contracts, statements of work, or annexes.

3. Access and Licenses

If a Service includes software, tools, platforms, or digital resources, Infomedia may grant the Client a limited, non-exclusive, and non-transferable license to use such resources in accordance with the agreed terms.

4. Service Conditions

The description, scope, and specific characteristics of each Service shall be established in the contracts, proposals, work orders, or specific agreements entered into by Infomedia and each Client.

These Terms and Conditions apply generally to all visitors of the Website and do not replace any specific agreements that may be formally entered into between the parties.

5. Modifications and Updates

Infomedia reserves the right to modify, suspend, or discontinue, in whole or in part, at any time and without prior notice, the Services offered through the Website when there are technical, security, legal, regulatory, or improvement-related reasons.

6. Permitted Use

Website visitors and, where applicable, Clients agree to use the Services in accordance with applicable law, these Terms and Conditions, public morals, and generally accepted standards of conduct.

The use of the Services for unlawful purposes or for purposes that infringe upon the rights of third parties is expressly prohibited.

7. Limitation of Liability

Infomedia does not guarantee that the Services will meet all particular expectations of Users or Clients, or that the results derived from the Services will be accurate, complete, or conclusive, except to the extent expressly agreed upon in the applicable contracts.

Any projections, estimates, or recommendations issued by Infomedia do not constitute a guarantee of future results.

8. Intellectual Property

All intellectual and industrial property rights relating to the programs, methodologies, processes, designs, documentation, software, platforms, and other elements associated with the Services are and shall remain the exclusive property of Infomedia, unless expressly agreed otherwise.

The provision of the Services does not imply the assignment or transfer of such rights. Only the limited licenses expressly agreed upon in writing shall be granted.

9. Confidentiality and Personal Data

Infomedia agrees to maintain strict confidentiality regarding the information and personal data provided by visitors and Clients, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties, its regulations, and the Privacy Notice published on the Website.

10. Early Termination

Infomedia may terminate the provision of the Services or access to them at any time and without liability with respect to any visitor or User who violates these Terms and Conditions, misuses the platform, or when required by applicable law or an order from a competent authority.

Liability

The User agrees to indemnify and hold harmless Infomedia S.A. de C.V. and its subsidiaries, parent company, shareholders, directors, employees, officers, advisors, and agents from and against any actions, proceedings, liabilities, lawsuits, claims, losses, damages, costs, expenses, and legal fees arising from or relating to the User’s violation of:

  1. These Terms and Conditions; and/or
  2. Any applicable laws, rules, decrees, or regulations.

Infomedia reserves the right to assume the defense and control of any matter or claim that involves or may involve the payment of indemnification associated with a breach by the User.

The User agrees to cooperate with Infomedia S.A. de C.V. in the development of the applicable defenses.

Modifications to the Website www.infomedia.com.mx

Infomedia S.A. de C.V. may, at any time and whenever it deems appropriate, make corrections, additions, improvements, or modifications to the content, presentation, information, services, sections, databases, and other elements of the Website without prior notice to the User.

Such modifications shall not give rise to or entitle the User to make any claim for compensation, nor shall they imply any acknowledgment of liability in favor of the User.

Term, Termination, and Modification of the Terms and Conditions of Use

The Company and the User acknowledge that these Terms and Conditions have an unlimited term and shall become effective upon their publication on the Website.

Infomedia S.A. de C.V. reserves the right to make changes to this document without prior notice.

Therefore, Infomedia S.A. de C.V. recommends that the User review this document regularly in order to remain informed of any modifications.

Changes to this agreement shall become effective immediately after their publication on the Website. Once modifications have been made, any User who continues using the Website shall be presumed to have full knowledge of, read, and consented to the amended Terms and Conditions.

If the User does not accept the amended Terms and Conditions, the User must stop using the Website.

Infomedia S.A. de C.V. may suspend access to the Website and/or terminate these Terms and Conditions at any time.

The termination of these Terms and Conditions shall not create any obligation for Infomedia S.A. de C.V. to indemnify the User.

Severability

These Terms and Conditions of Use, together with any additional terms, constitute the entire agreement between the parties and supersede any prior agreement or contract entered into between them.

Any clause or provision of this agreement or of any additional terms that is legally declared invalid may be removed or modified at the discretion of Infomedia S.A. de C.V. in order to correct the relevant defect or deficiency.

Nevertheless, the remaining clauses and provisions shall remain in full force, binding effect, and validity.

Additional Terms

From time to time, Infomedia S.A. de C.V. may review, update, and/or add additional provisions to these Terms and Conditions of Use relating to specific sections or new services provided on or through the Website www.infomedia.com.mx.

Such provisions shall be published in the applicable sections or areas relating to the new services for the User’s review and acceptance.

The User acknowledges and agrees that such additional terms form an integral part of this agreement for all applicable legal purposes.

Assignment of Rights

The rights granted to the User shall be considered personal rights. The User may not assign or transfer them, nor authorize any third party to use them in any manner.

Infomedia S.A. de C.V. may assign all or part of its rights and/or obligations to any third party, subsidiary, or parent company of Infomedia S.A. de C.V. without the User’s prior authorization.

As a result of such assignment, Infomedia S.A. de C.V. shall be released from any obligation toward the User established in this agreement.

No Waiver of Rights

The failure of Infomedia S.A. de C.V., its affiliates, or suppliers to exercise any right or action arising from this agreement shall not be interpreted at any time as a waiver of such right or action.

Indemnification

The User agrees to indemnify Infomedia S.A. de C.V., its affiliates, suppliers, vendors, and advisors against any action, lawsuit, or claim, including attorney’s fees and court costs, arising from any breach of this agreement by the User, including, without limitation:

  1. Any matter relating to the use of the website www.infomedia.com.mx;
  2. The information contained or available on or through the Website, or any insults, defamation, or other conduct by the User that violates this agreement while using the Website; and
  3. Any violation of applicable laws or international treaties relating to copyright or intellectual property contained or available on or through the Website.

Other Provisions

If any provision of these Terms and Conditions is illegal, invalid, or unenforceable in any jurisdiction, this shall not affect:

  1. The legality, validity, or enforceability in that jurisdiction of any other provision of this agreement; or
  2. The legality, validity, or enforceability in any other jurisdiction of that provision or any other provision of this agreement.

Infomedia S.A. de C.V. may choose not to exercise any of the rights or powers granted under this document. Such inaction shall not constitute a waiver of those rights, except where expressly acknowledged by Infomedia S.A. de C.V. or where the applicable action has become time-barred.

The headings of the clauses are included solely for convenience and ease of reference. They shall not be considered for purposes of interpretation and shall not affect the obligations contained herein.

These Terms and Conditions of Use and the Privacy Notice, together with any amendments and/or legal notices published or communicated from time to time by Infomedia S.A. de C.V. through the Website, constitute the entire agreement between the User and Infomedia S.A. de C.V. regarding the Services offered by Infomedia S.A. de C.V. through the Website.

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