Terremoto is an independent portal that provides, both free of charge and under the form of a printed subscription, informative services focused on contemporary art-related topics in the Americas (the “Services”).
This contract may be modified by Terremoto from time to time, and said modifications will take effect when published by Terremoto on the Portal, which will constitute appropriate and sufficient notification thereof.
1. DECLARATIONS AND WARRANTIES
By accessing and using the Portal, either free of charge, through your registration to the Newsletter Services and / or by subscribing to our periodic publication (as defined below), you declare that: (a) you have right, powers and ability to enter into this contract, be bound by its terms and comply with the obligations arising from it, and (b) all and any information you provide is, and will always be relevant, correct, updated and truthful, committing yourself to update it promptly when the data provided to Terremoto cease to be correct or be updated.
The use of the Portal and / or the functionality of the Payment Gateway (as defined below) may be limited in various jurisdictions. It is your responsibility to comply with and abide by the laws and regulations of the jurisdiction from which you access the Portal if you access them outside of the United States of Mexico (hereinafter “Mexico”); You release Terremoto from any liability derived from the limitations to access the Portal outside of Mexico.
Any use of the Portal is prohibited where it is not allowed. Terremoto is not, nor can it be responsible for your transgression of the laws and regulations that are applicable in the place of your location at any time you make use of the Portal, register in the news Newsletter service and / or the subscription service of the periodic membership.
2. ACCEPTANCE OF THE TERMS OF THE USER CONTRACT
The data and information contained in the editorial notes (including, but not limited to texts, images, graphics, sounds, video, among others) that are published on the Portal, will be subject to the provisions, laws and regulations on freedom of expression, information and the press and for no reason shall it be understood that they will be subject to the provisions on privacy and protection of personal data.
3. TERM AND TERMINATION
4. SUBSCRIPTION AND ACCOUNT
The data that you provide to Terremoto through the Account registration will be treated in accordance with the Terremoto Privacy Notice.
By subscribing to the Terremoto Portal, you will be automatically subscribed to the Newsletter.
As a User of the Terremoto Portal, it will be your responsibility: (i) to maintain the confidentiality of your Account authentication data, consisting of your username and password, and to refrain from sharing it with third parties; (ii) frequently update and check your password, to safeguard the security of your Account; and (iii) immediately notify Terremoto about any unauthorized use of your Account or any alleged violation of the to the security of your authentication data.
5. CONSUMER PROTECTION
The parties will be subject to everything related to the Services provided under the Subscription model to the provisions on transactions through electronic means established in the Federal Consumer Protection Law. Any clarification or claim in this regard may be made by contacting Terremoto by the following means:
Tremors Publications S.A. de C.V.
Street of Article 123 # 116, int. 100. Colonia Centro,
06040, Cuauhtémoc, Mexico City, Mexico
The User will have safe browsing when accessing the Terremoto Portal, which will be protected by means of the SSL (Secure Socket Layer) certificates that Terremoto installs within the Portal. Said certificates will be identified by means of a padlock icon that will be visible in the navigation bar of the Internet browser through which you access the Portal. This certificate may be provided by third parties to Terremoto, who will not be responsible for any failure that may occur in such security certificates provided by said third parties to safeguard private browsing and the security of information within the Terremoto Portal, or of the failures that may appear on third-party Internet sites with which Terremoto has any relationship.
7. INTELLECTUAL PROPERTY RIGHTS
Terremoto is the owner, licensee or authorized user of the intellectual property rights over the Portal and all that own material (the “Own Content”) or obtained from third parties (the “External Content”) that is published on the Portal, as well as of the brands displayed on it, as well as other intellectual property rights related to it. You agree not to reproduce, transmit, create derivative works or use in any way the material protected by intellectual or industrial property rights accessible through the Portal without the prior written consent of Terremoto or, if it does not belong to Terremoto, of its respective owner.
The name of Terremoto, as well as the logos that appear on the Portal, are protected trademarks, which may be registered with the Instituto Nacional del Derecho de Autor (INDAUTOR), owned by Terremoto, therefore their use without prior written authorization is prohibited.
Any action that you take or attempt to modify, create derivative works of, decompile or otherwise extract the source code of the Terremoto Portal without prior written permission or license may result in blocking access to the Portal and termination of service Newsletter, as well as the subscription of the membership without prejudice to the legal actions that Terremoto may take.
Notwithstanding the foregoing, the User grants Terremoto a free, irrevocable, perpetual, non-exclusive and transferable license to third parties within the Terremoto corporate group, to disclose and commercially exploit the External Content that the User contributes through the functions that, now or in the future, they are enabled to do so on the Portal, such as those to comment on the Own Content (as said term is defined below) and other External Content.
The Portal is exclusivefor personal use only. Users may not use the Portal or the Own or External Content (indistinctly, individually or jointly “Content”) of the Portal including, without limitation, texts, designs, graphics, audio, images, video, information, logos, programs of computing or software and computer codes of any nature. The User may only share with third parties that Content for which there are options enabled for this purpose within the Portal, either located in the upper left corner of each note, or below the corresponding header image.
The use of the Portal does not grant the User, whether he is a subscriber or not, any property or rights over the Content of the Portal.
The alteration, editing, elimination, or in any other way the variation of the appearance or change of purpose of the Content, codes, data or materials of the Portal is strictly prohibited. The User acknowledges and accepts that he / she does not acquire any property, license or any other right by using the Portal, nor by accessing and browsing within it, unless Terremoto provides otherwise in writing.
9. MODIFICATIONS TO THE SERVICE
Terremoto reserves the right to modify, discontinue or suspend, temporarily or permanently, at any time the Portal, the Newsletter service, and the Subscription, either in whole or in part, in which case it will make its best effort to notify you in a timely manner of said situation. You hereby release Terremoto from all responsibility for the foregoing.
In relation to this, and in order to protect the integrity of the Portal, the public and the Users, Terremoto reserves the right to block at any time and at its discretion, either totally or partially, the public and / or Users who use certain addresses IP and / or equipment.
10. EXCLUSION OF LIABILITY
Terremoto does not declare or guarantee that the availability of the Portal will not be interrupted by errors, that it is free of them or that they will be corrected. Terremoto will not be responsible for any failure, “fall” or lack of availability that may occur in the Portal or the server on which the Terremoto Portal is hosted, or of the Internet sites of third parties with which Terremoto has a relationship.
Terremoto may publish as Own Content available through the Portal, texts, images and / or audiovisual material containing news, interviews, opinions, statements or other types of information, in accordance with the purpose and nature of the Portal itself, which may be generated by third parties, individuals who collaborate with Terremoto as writers, editors, interviewers.
The opinions expressed by Terremoto’s collaborators or guests are the sole responsibility of those who issue and publish them, so they do not necessarily represent Terremoto’s position on any subject. You release Terremoto from any responsibility for the opinions issued in a personal capacity by your collaborators and guests, except for actions that, where appropriate, may be promoted in terms of the right of reply.
The Content, both Own and External, published through the Portal is disclosed only for informational and research purposes, and should not be considered as advice, consultancy or opinions, unless otherwise specified in the latter case. Terremoto will not be responsible for the veracity of the Own or External Content that is published within the Portal. However, it will make its best efforts to try to guarantee the veracity of everything published on the Portal in order to minimize the spread of false news or “fake news”.
The personal data that is provided to Terremoto or that is processed by it, will be governed by the corresponding Privacy Notice. The latter will form an integral part of this contract, which will be tacitly accepted by the User at the time of accessing the Portal, making use of the Newsletter service, or the Subscription service, as long as the User does not express his opposition or refusal to do so. processing of your personal data. Terremoto may obtain personal data through third parties to carry out the provision of information services. These data can be published through physical or audiovisual means on the Portal.
11. THIRD PARTY WEBSITES
The Portal may contain, or third parties may provide advertising, image ads as well as hyperlinks to other Internet pages or other resources. You acknowledge and agree that Terremoto will not be liable to you or to any third party for any failure, damage, loss, loss or injury caused by or the Own or External Content, information, statement, announcements or any other materials that they could access or that they could obtain from said sources.
12. APPLICABLE LAW AND JURISDICTION
This contract will be interpreted in accordance with the applicable federal laws in force in Mexico. You agree with Terremoto to submit for the execution and fulfillment of this contract to the jurisdiction of the competent federal courts in Mexico City, irrevocably waiving any other jurisdiction that may correspond to you due to your present or future domicile, or for any other reason.
You must remove Terremoto or any entity that is part of Terremoto from any actions, claims, complaints and / or demands that were initiated by any third party due to the breach by you of the obligations under your charge under this contract, including the statements and guarantees made therein, as well as for any External Content that may have been disclosed, or for violations of any provision, law or regulation, and must indemnify it by paying damages resulting therefrom, as well as the expenses of the elected legal representation.
14. NOTIFICATIONS AND MODIFICATIONS
15. ENTIRE CONTRACT
INTEGRAL PRIVACY NOTICE
TEMBLORES PUBLICACIONES S.A DE C.V.
In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (the “Law”), its Regulations (the “Regulations”) and the Guidelines of the Privacy Notice (the “Guidelines”), We inform you (indistinctly “You” or the “Owner”) this Comprehensive Privacy Notice (hereinafter the “Privacy Notice”), which governs the processing of personal data carried out on the occasion of the services provided through the Internet page (the “Internet Page”) www.terremoto.mx, of Temblores Publicaciones SA de C.V. (“Terremoto” or “We”).
Please read this Privacy Notice carefully, as it contains relevant information about the treatment (the “Treatment”, as said term is defined in the Law and its Regulations) that Terremoto will give to your personal data that is obtained for the purposes of of the purposes described herein.
OUR IDENTITY AND ADDRESS: Terremoto, with address at Calle del Article 123 # 116 int. 100, Colonia Centro, C.P. 06040, Alcaldía Cuauhtémoc, Mexico City, will be responsible (the “Responsible”) for the Treatment of your personal data, as indicated in this Privacy Notice.
PERSONAL DATA THAT WE WILL COLLECT: The personal data subject to Treatment in accordance with this Privacy Notice will be those contemplated in the categories indicated below, which will be treated according to the service that the Holder chooses:
Authentication data, and
Since, according to the Law and the Regulation, personal data can be expressed in numerical, alphabetical, graphic, photographic, acoustic or any other type, there is the possibility that the information content of the Internet Page contains information expressed from such a way that identifies, or makes identifiable, one or more natural persons. Such cases will be subject to the provisions, criteria and principles that govern freedom of expression, access to information and freedom of the press, for which they will be excluded from the scope of this Privacy Notice.
PURPOSES OF THE TREATMENT THAT WE WILL GIVE YOUR DATA: The personal data that you provide us will be treated for the following The purposes necessary for the existence, maintenance and fulfillment of the relationship derived from your access to the Website are: (i) identify you and communicate with you; (ii) provide you with informative services and information content presented in written, graphic or audiovisual form on the Website; (iii) offer and provide said services under the paid subscription model, and comply with the obligations derived from such contractual relationship; (iv) comply with the obligations inherent in the Processing of your personal data, which includes the process of responding to requests for the exercise of your “ARCO Rights” (as the term is defined in number 6 below) and, in its case, (v) to provide you with information as an advertiser on the Internet Page.
Additionally, we may process your personal data for the following secondary purposes: (a) provision of the subscription service to the newsletter (the “Newsletter”), which consists of sending emails from Terremoto with news of our content and projects.
REFUSAL TO THE TREATMENT OF YOUR DATA AND LIMITATION OF THE SAME: The provision of our services through the free version of the Internet Page generally does not require the Treatment of your personal data. The Processing of your personal data will be necessary when you subscribe to the Newsletter, or when you choose to purchase a subscription to our premium service. Notwithstanding the foregoing, you may refuse to provide them by refraining from subscribing to the Newsletter, from requesting advertising information or from subscribing to the Terremoto membership, which will prevent such purposes.
Additionally, you may revoke your consent for us to process your personal data by exercising your right of Opposition as well as that of Cancellation, in the terms set forth in Section 6 of this Privacy Notice.
TRANSFER OF YOUR DATA: In order to be able to offer and provide the services of other publications of Temblores Publications, as well as to enable electronic payments for subscription services, the Responsible may transfer your data to third parties, national or foreigners, who operate in the publishing, news or electronic payment medium: (i) in the case of companies within the same corporate group as Terremoto; (ii) when your transfer is necessary by virtue of a contract entered into, or to be entered into, in the interest of you by Terremoto and a third party; (iii) when the transfer is necessary for the maintenance or fulfillment of the existing legal relationship between Terremoto and the Holder, or (iv) in the event of a request from any authority, within strict compliance with the applicable legal regulations.
Once a transfer has been made, the recipient Responsible must make its own Privacy Notice available to you, at which point the Treatment that said recipient carries out of your personal data will be subject to the terms of the respective Privacy Notice.
Payment for the subscription to the Terremoto Premium service is managed through one or more payment gateway (s), which are the exclusive Responsible for the Treatment of Patrimonial Data of the means of payment that you use for your subscription. The Holder authorizes the transfer of information on the amount of the payment made for his subscription and his user identifier with said gateway (s) in order for Terremoto to verify the completion of his payment and follow up on the renewal of your subscription.
MEANS TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION (hereinafter the “ARCO Rights”): At any time, you may have access to your personal data; You may Rectify them if they are no longer accurate, complete, relevant, correct or out of date; Cancel them if you consider that they are no longer necessary for the achievement of the purposes set forth in this Privacy Notice, or Oppose the Processing of your personal data for specific purposes that are not necessary for your legal relationship with Terremoto.
For the exercise of ARCO Rights, you must send us your respective request by postal mail by means of a free letter addressed to the address of Terremoto, to the attention of Ana Laura Martínez Jaramillo; or by email addressed to the following address: admin(at)terremoto.mx.
The request to exercise the ARCO Rights must be prepared using the form available hereby and contain and be accompanied by the following: (i) be identified promptly as “ARCO Request” or as “Revocation of Consent”, in the latter case for the purposes of Section 4 of this instrument; (ii) promptly indicate the full name of the Holder, and the means to communicate the response to your request; (iii) official documentation that proves your identity and, if you make it through a proxy, your representation; (iv) the clear and precise description of the Data that is the subject of your request to exercise any of the aforementioned rights; and (v) any other element or document that facilitates the location of the Data.
The rectification requests must have attached the supporting documents that justify their origin and are relevant for their processing, for which purpose it is necessary to indicate precisely which is the modification that must be made.
Once your application is received, you will be provided an acknowledgment of receipt with the corresponding folio and date of receipt. In the event that it does not meet the necessary requirements within 5 business days of receipt, you will be required to correct your request in a subsequent term of 10 days; otherwise, it will be considered as not presented. If your request has been sent on a Friday or a non-business day, it will be considered received from the business day following the one you sent it. Once the above is fulfilled, we will have up to 20 business days to analyze it and send you the corresponding response, for the implementation of which, where appropriate, we will have a period of up to 15 business days. The means by which we will send you our response will be the one indicated by you between email or post, exclusively.
In the event that your request is proceeding in accordance with the Law and other regulations in force, Access will be granted, your data will be rectified or canceled, after blocking it in the cases that is appropriate, your right to Opposition will be effective or Your consent for the Processing of your Personal Data will be considered revoked, within fifteen (15) days following the date on which your request is answered. This period may be extended for fifteen (15) additional business days when there are justifying causes; in the same way, this situation will be notified to you in a timely manner.
In all cases in which your request is appropriate, the response will be free as long as it is carried out through the email address that you indicate for said purposes. In case you require that the information be delivered to you in a different way, you must only cover the administrative costs of recovery that are quoted for the cost of preparing the materials for your response in copies or other formats that are generated and shipping by the modality that you have requested.
Subscribers to the Newsletter may at any time unsubscribe from this service through the hyperlink that appears in the emails you will receive from Terremoto, by clicking on the option “Unsubscribe from this list”. Subscribers to the Premium service may exercise the power to cancel their personal data if they choose to delete their user account through the option enabled for this purpose at the bottom of the section of their user profile, which will also have the effect that the provider of Payment gateway services also cancel the payment method data for the renewal of your subscription.
1. LIMITATION OF THE PROCESSING OF YOUR PERSONAL DATA. The limitation of the processing of personal data only proceeds for a legitimate reason, to avoid damages, or for purposes indicated as secondary in this Privacy Notice. Such limitation may be requested in writing through the means indicated above, complying with the identification requirements for the exercise of ARCO Rights and indicating the causes of origin that it considers, or the purposes to which it is applicable. The application will be evaluated, and if approved, it will be included in an exclusion list of Terremoto.
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1. MODIFICATIONS TO THE PRIVACY NOTICE. Terremoto may modify this Privacy Notice at any time and at its sole discretion either by reforms or modifications to the applicable legal regulations, at the request of the competent authorities and / or according to the requirements of the services we provide. In case of doing so, we will publish the most updated version through the Internet Page www.terremoto.mx. We advise you to enter periodically to check if changes were made to this Privacy Notice.
2. CONSENT: It will be understood that you have tacitly consented to the terms of this Privacy Notice from the moment you have accessed the Internet Page and until you express your refusal to treat them, subsequently exercise your right of Opposition or the Faculty to limit said Treatment. In case of subscribing to the membership provided by Terremoto, it will be understood tacitly granted your consent for the Treatment of your patrimonial data, in accordance with the purposes described in Section 3 of this Privacy Notice. The transfers of your personal data provided for in Section 5 of this Privacy Notice may be carried out until you exercise your right to object in this regard, or limit said purpose of the Processing of your data, as long as it is not required for the purposes foreseen as necessary in this document.