Foundation Box Terms of Service
Introduction
These terms and conditions between you and Holaloro S.A. de C.V., a company based in México, govern your use of foundationbox.studio ("Website") and any and all downloadable content from foundationbox.studio ("Content"); by using the Website and/or Content, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website or Content. These terms of service apply equally to individuals, corporations, and all other forms of business entities.
Eligibility
You may use the Website and/or Content only if you can form a binding contract with Holaloro S.A. de C.V., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website and/or Content by anyone under 18 is strictly prohibited and in violation of this Agreement. The Website and/or Content is not available to any Users previously removed from the Website by Holaloro S.A. de C.V..
License to use Content and Website
Unless otherwise stated, Holaloro S.A. de C.V. owns the intellectual property rights in the Content and Website and material in the Content and Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Content and Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from the Content or Website;
- reproduce, duplicate, copy, or otherwise exploit material on this Content or Website for a commercial purpose;
- republish material from the Website or Content (including republication on another website or app);
- show any material from the Content or Website except for website creation using licensed Content from the Website;
- edit or otherwise modify any material in the Content or Website;
- or redistribute material from the Content or Website without permission from Holaloro S.A. de C.V..
- You must not use the Content or Website in any way that causes, or may cause, damage to the Content or Website or impairment of the availability or accessibility of the Content or Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Content.
- You must not use the Content or Website for any purposes related to marketing without Holaloro S.A. de C.V.'s express written consent.
Restricted access
Access to certain areas of the Website is restricted. Holaloro S.A. de C.V. reserves the right to restrict access to other areas of this website, or indeed this entire website, at Holaloro S.A. de C.V.'s discretion.
If Holaloro S.A. de C.V. provides you with a user ID and password to enable you to access the Content or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
Holaloro S.A. de C.V. may disable your user ID and password in Holaloro S.A. de C.V.'s sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Holaloro S.A. de C.V. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Holaloro S.A. de C.V. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Holaloro S.A. de C.V. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Holaloro S.A. de C.V. reserves the right to edit or remove any material submitted to this website, or stored on Holaloro S.A. de C.V.'s servers, or hosted or published upon this website.
Notwithstanding Holaloro S.A. de C.V.'s rights under these terms and conditions in relation to user content, Holaloro S.A. de C.V. does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
By posting any user content on the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Holaloro S.A. de C.V. a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website, Content, and any other product now existing or later developed by Holaloro S.A. de C.V. (and its successors' and affiliates') including without limitation for promoting and redistributing part or all of the Website and Content (and derivative works thereof) in any media formats and through any media channels.
To Other Users: You also hereby grant each user of the Website and Content a non-exclusive license to access your user content.
No Warranties
THE WEBSITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOLALORO S.A. de C.V., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE WEBSITE AND/OR CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE AND/OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE AND/OR CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR CONTENT IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE AND/OR CONTENT.
HOLALORO S.A. de C.V. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HOLALORO S.A. de C.V. SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HOLALORO S.A. de C.V. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOLALORO S.A. de C.V., ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE AND/OR CONTENT, THE GOODS OR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR CONTENT. UNDER NO CIRCUMSTANCES WILL HOLALORO S.A. de C.V. BE RESPONSIBLE FOR ANY DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE WEBSITE OR CONTENT. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL HOLALORO S.A. de C.V. BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE AND/OR CONTENT OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLALORO S.A. de C.V. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE AND/OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE AND/OR CONTENT OR ANY INFORMATION CONTAINED IN THE WEBSITE AND/OR CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR CONTENT BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE AND/OR CONTENT; (VII) VIOLATION OF ANY PERSON OR ENTITIES’ INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HOLALORO S.A. de C.V., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HOLALORO S.A. de C.V. HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HOLALORO S.A. de C.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Website and Content is controlled and operated from its facilities in Yucatán in México. Holaloro S.A. de C.V. makes no representations that the Website and/or Content is appropriate or available for use in other locations. Those who access or use the Website and/or Content from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Reasonableness
By using the Website and/or Content, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website or the Content.
Other parties
You accept that, as a limited liability entity, Holaloro S.A. de C.V. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Holaloro S.A. de C.V.'s members, managers, officers, or employees in respect of any losses you suffer in connection with the Content or Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Holaloro S.A. de C.V.'s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Holaloro S.A. de C.V..
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Holaloro S.A. de C.V. and undertake to keep Holaloro S.A. de C.V. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Holaloro S.A. de C.V. to a third party in settlement of a claim or dispute on the advice of foundationbox.studio legal advisers) incurred or suffered by Holaloro S.A. de C.V. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Holaloro S.A. de C.V.'s other rights under these terms and conditions, if you breach these terms and conditions in any way, Holaloro S.A. de C.V. may take such action as Holaloro S.A. de C.V. deems appropriate to deal with the breach, including suspending your access to the Content and/or Website, prohibiting you from accessing the Content and/or Website, blocking computers using your IP address from accessing the Content and/or Website, contacting your internet service provider to request that they block your access to the Content and/or Website and bringing court proceedings against you.
Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Content must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Content at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Variation
Holaloro S.A. de C.V. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Content and Website from the date of the publication of the revised terms and conditions on this Content and/or Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Holaloro S.A. de C.V. may transfer, sub-contract or otherwise deal with Holaloro S.A. de C.V.'s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third-Party Links
The Website and/or Content may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Holaloro S.A. de C.V.. Holaloro S.A. de C.V. does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Website and/or Content, you do so at your own risk, and you understand that this Agreement and Holaloro S.A. de C.V.'s Privacy Policy do not apply to your use of such sites. You expressly relieve Holaloro S.A. de C.V. from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website and/or Content, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Holaloro S.A. de C.V. shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Entire agreement
These terms and conditions constitute the entire agreement between you and Holaloro S.A. de C.V. in relation to your use of the Content and Website, and supersede all previous agreements in respect of your use of the Content and Website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Yucatán, México, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Yucatán.
Tracking Data
This website uses tracking tools and cookies. By using this Website and/or Content and agreeing to these terms and conditions, you consent to our Holaloro S.A. de C.V.'s use of cookies in accordance with the terms of Holaloro S.A. de C.V.'s privacy policy.
If you have a question or complaint about Holaloro S.A. de C.V., our products, or our Site, please contact us at [email protected].
Holaloro S.A. de C.V.'s address is Calle 53 #597 Col. Centro 97000, Mérida, Yucatán, México. You can contact Holaloro S.A. de C.V. by email to [email protected].
Latest policy update: 9th of June 2020
