| Use Policies |
1.1. This is the QuimiNet internet website (the \"Website\"), which includes all of the available resources in the domains called \"quiminet.com.mx\", “quiminet.com”, \"e-industria.com\", \"e-industria.com.mx\", \"eindustria.com.mx\", \"eindustria.com\" and \"marketizer.com\". Because of the simple fact of entering or making use of this Website, you (the \"User\"), (i) express to have read, understood and unconditionally accepted the Website use terms and conditions (the \"Terms\") which are herein detailed; and (ii) you agree to make use of the Website strictly under the Terms, accepting that such use confers you the role of Website User and implies the full and unconditional adhesion to all and each of the Terms. In case you do not agree with the Terms, please do not use this Website.
2.1. The User agrees to use the Website according to these Terms and applicable Mexican legal regulations, as well as agrees not to use the Website for ilicit purposes, contrary to these Terms, to the detriment of third party interests, or in such form that could damage, overload, deteriorate or disable the Website.
2.2. The User declares to know and understand that the Website is intended for Users who are not consumers for the purposes of the "Ley Federal de Proteccion al Consumidor" (Federal Consumer Protection Law). At the same time, the User declares that the use s/he makes of the Website, as well as any negotiation or legal act related to the Website, is done with the intention of integrating the goods and/or services involved in each case to one or several production chains, therefore the User will at no time be a consumer, nor will QuimiNet be a supplier, for the purposes of the above mentioned law.
2.3 The user agrees to refrain from obtaining, trying to obtain, publishing, or distributing by any means all types of information, seals, messages, images, software or any type of material included in this Website, using different means than the ones designated in the Website.
2.4 The User must strictly comply with any instruction or indication included in the Website or provided by QuimiNet authorized personnel relative to the use of the Website.
2.5. The User is responsible for the truthfulness, accuracy, validity and authenticity of the Information provided to QuimiNet and, also agrees to maintain it updated. The contents added by the User as comments, properties, applications, questions, or answers, or input of any other information incorporated spontaneously into the various sections made available for such in the portal, is made under license from ' Creative Commons Public Domain License'.
2.6 The Information which is included in catalogs, directories, or any other similar listing or index will be only that which allows the establishment of an appropriate relationship between buyers and suppliers.
2.7 The Information provided by the User can be used by QuimiNet for the accomplishment of the Website purposes even after the utilization by the User of, or the offer from QuimiNet of, services has concluded.
2.8 The User agrees to make diligent use of the registration ('Registration') which is granted for utilization of the services offered in the Website. The Registration will be granted discretionarily by QuimiNet and will be composed of two parts: a name for the purpose of identification (User Name) and a confidential password (Password) to be able to enter the restricted pages of the Website, as well as to post information on the Website. The User Name and Password will be chosen by the User; in case the User Name selected is not available, the User will need to select another until choosing one that is available. Both the User Name and the respective Password are NONTRANSFERABLE, and the User will be solely in charge of the use of both the User Name and the Password, and unconditionally agrees to be responsible for any obligation, responsibility or commitment that results from, or is related to, the use of the User Name and/or Password. The User will be responsible for maintaining the confidentiality of the User Name and Password, and in turn will be fully responsible for all activities that occur thereunder. Accordingly, the user must: (a) notify Quiminet immediately of any unauthorized use of the User Name or Password, or any other breach of security, and (b) ensure that the User's account is closed at the end of each session. QuimiNet will not be responsible by any loss or damage that results from a breach of these provisions.
2.9 The Registration can be suspended or cancelled by the User or by QuimiNet at any time, with previous notification to the other party in the understanding that all commitments generated by the service have concluded. Furthermore, QuimiNet may unilaterally cancel the User registration.
2.10. QuimiNet reserves the right to provide or not provide the services offered in the Website.
2.11. Any person intending to include hyperlink to the Site in his portal or website must meet the following requirements:
The hyperlink will only allow access to the Site, but will not in any way reproduce its contents;
There will be no false, inaccurate or incorrect statements about the Site, nor the implication that QuimiNet has approved in any way the contents or services offered on the site or portal that contains the hyperlink;
The site or portal in which the hyperlink is placed will not contain any trademark, trade name, logo, slogan or other distinctive mark for which QuimiNet holds title or has exclusive license to use, with the exception of the domain name to serve as the hyperlink, or with the written authorization of QuimiNet.
The site or portal in which the hyperlink is placed must not have illegal content or violate the rights of third parties;
The fact that a site or portal has a hyperlink to the Site does not imply the existence of a relationship of any kind between QuimiNet and the owner of the site or portal which contains the hyperlink.
2.12. The Website, at the same time, can contain hyperlinks to other websites and portals. QuimiNet does not make any statement regarding any website or portal which can be accessed from this Website. QuimiNet does not have any type of relationship with such websites and portals and therefore does not take responsibility for the products and/or services acquired from those websites or portals, nor takes responsibility for their content.
2.13. The User will be responsible for any damage and/or injury which QuimiNet suffers as a consequence of the noncompliance of the Terms by the User.
3.1. The Website and all data, information, documents, programs, marketing materials and technical statements included therein are provided without any type of warranty, implied or explicit, including without limitation, any warranties regarding marketability or suitability for any purpose.
3.2. QuimiNet is not responsible for the evolution and completion of operations carried out in the Website nor the resulting evidence or documentation. Similarly, QuimiNet is not responsible for the quality, quantity or any other aspect of the goods and/or services offered on the Website as they are the responsibility of Users.
3.3. QuimiNet has not taken part in nor accepts responsibility for any agreement or contract executed between Users either before or after making use of the services offered in the Website.
3.4. QuimiNet is responsible for bringing together the various Users of the Website, but is in no way responsible for any injury or damage that is caused by the operations conducted therein or among the Users.
3.5. QuimiNet does not guarantee the absence of virus in the Website, and neither guarantees the absence of other elements which might produce alterations in the software or hardware of the User's information systems, or in the electronic documents and files stored in the User's information systems.
THE USER EXPRESSLY UNDERSTANDS AND ACCEPTS THAT:
The User uses this service at his own risk. The service is provided depending on its \"availability\" and QuimiNet does not guarantee that (i) the service will meet certain requirements, (ii) the service will be uninterrupted, precise, safe, or free of error, (iii) the results that might be obtained from using the service will be truthful or reliable, (iv) the quality of any product, service, information, or other material bought or acquired by means of the service will meet certain expectations, or (v)any software error will be corrected. Any material downloaded or by any other means obtained through the use of the service is done under at the User's discretion and risk and the User is solely responsible for any damage to his computer's system or data loss which results from the download of any of these materials. No information or advice, spoken or written, obtained by the User from QuimiNet or by means of the service will constitute a guarantee, unless it is expressly established.
4.1. This site includes information, documents and graphics which may include technical inaccuracies or typographic errors. Part of the website content has been contributed by users, therefore it can include technical inaccuracies or be false. QuimiNet is not responsible for the accuracy of the information and reserves the right to improve or change at any moment any website content. If you detect some inaccuracy or error, please let us know immediately at (userhelpdesk@marketizer.com)
Information Misuse: QuimiNet has taken measures to detect inappropriate use of the information in the website, whether it be in the use, reproduction, submission or modification of information in a malicious or unauthorized way. If such cases are detected, legal procedures will be initiated against the responsible parties in accordance with applicable Mexican and International Laws.
4.2. In no case will QuimiNet be responsible to the User or to a third party for any direct, indirect, incidental or any other type of injury and/or damage that the User or third party has suffered because of the access to or use of the Website or any other portal or website to which they have had access through the Website.
4.3. QuimiNet offers on-line technical consulting to registered Website Users. The estimated response time indicated in the Website for this service is not by any means mandatory for QuimiNet, therefore QuimiNet reserves the right to respond to the User in less or more time than the time stipulated, as well as not respond at all, without any need to provide explanation or clarification, and without any responsability for QuimiNet to the User or to a third party. The recommendations that QuimiNet offers will be made in good faith, but QuimiNet does not guarantee that these are correct, viable or adequate to solve the problem submitted by the User, therefore in no case will QuimiNet be responsible to the User or a third party for any direct, indirect, incidental or any other type of damage that the User has suffered by following QuimiNet recommendations, regardless of which recommendations have made and how they have been communicated to the User.
4.4. The User agrees to indemnify, and hold harmless and free of damage, QuimiNet and its agents, subsidiaries, affiliates, officers, associates or other members, and employees from any claim or demand, including reasonable attorneys' fees, made by a third party due to: information, including content originating from the users, submitted, posted or transmitted through the service; the use of the service; a violation of these policies; or the violation of the rights of third parties.
4.5 The User's correspondence or dealings with advertisers, or participation in promotions of advertisers, found on or through the portal site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and the advertiser. The user acknowledges and agrees that QuimiNet will not be responsible or liable for any loss or damage resulting from any such dealings, or as the result of the presence of such advertisers on the portal.
5.1. All the artistic and literary works contained in the Website are protected by the \"Ley Federal del Derecho de Autor\" (Federal Law of the Rights of Authors), and are owned by QuimiNet, have been licensed to QuimiNet, or have been used in accordance with article 23 of the \"Ley Federal del Derecho de Autor\" by request of QuimiNet customers.
5.2. For the reasons expressed in 5.1 , it is prohibited to totally or partially reproduce data and information included in the Website by any means or form. The modification, mutilation, distortion or alteration of the Website content is also forbidden, as is the copying or reproduction of its databases.
5.3. The Website access and the use of the services provided in it do not confer any right over the holding of the contents in the Website, nor for the accquisition of any license over the author rights, except the part referred to information included by the users which is done under license of "Creative Commons Public Domain License".
6.1. QuimiNet is a registered trademark, therefore it cannot be used without the previous written permission of QuimiNet S.A. de C.V.
6.2. All of the Industrial Property elements which appear in the Website are held by QuimiNet or its customers or have been licensed by their holders to QuimiNet or its customers, therefore they cannot be used without the respective authorization of their holder. If you consider that some element infringes on your rights or of someone you represent, please inform us immediately through the Protection of Rights section(Copyright)
6.3 The access to the Website and the use of the services provided in it do not confer any type of right to the holding/ownership of the brands, commercial names, slogans, logos and other distinctive marks, nor any other industrial property rights related to the content of the Webiste, nor the acquisition of any license over such rights.
6.4 For the content relative to this section and its subsections, \"Expression\" means a word or group of words which describe a User in the functionality of \"search by product\" which the Website offers. Through such Expression, the User can refer to a product, service, a line of products or services and/or a registered trademark.
6.4.1. When looking for an Expression in the Website, the search results may show the following: a) companies (\"Firms\") which express the ability to offer the products/services to which the Expression refers and/or b) companies (\"Other Firms\") which, without being able to offer products/services to which the Expression refers, believe (but do not guarantee in any way) they might be able to offer products/services useful to some of the industries related to the product/service to which the Expression refers.
6.4.2. The aforementioned means that the Other Firms could potentially offer to such industries products or services of any type, including for example: technical services, logistic services, financial services, environmental consulting; or other types, such as machinery and/or equipment, market studies, substitute products/services, alternatives, complements or recycling of products/services covered by the Expression.
6.4.3. Since it is extremely difficult to verify the products, services and/or registered trademarks that a company might offer, and given that QuimiNet does not have any interest in obtaining any benefit when publishing approximate, inaccurate, out-of-date, or erroneous information, QuimiNet does not guarantee that a company will effectively offer the products/services, family of products/services and/or registered trademarks shown in the Website or stored in the QuimiNet databases. QuimiNet obtains that information from the companies and provides it in good faith to its Users. However, QuimiNet does not guarantee that such information is accurate, actual or correct, and therefore does not assume any responsibility for any error or omissions, or for any type of damage which derives from its use, whatever that might be.
In case that it is noted that published information infringes author rights, patents, registered trademarks, or intelectual or industrial property rights, the owner of these rights should make the notification defined in the Rights Protection (Copyright) section.
6.4.4. Neither QuimiNet nor the Other Firms suggest, assert or assure that:
6.4.4.1. The products and/or services that Other Firms might offer are the same, similar, countertypes, equivalents of, or exchangeable with, the products/services covered by the searched Expression, regardless of the fact that such Expression includes or coincides completely or partially with a name of product/service, a family of products/services, or a registered trademark.
6.4.4.2. The products covered under a registered trademark are equal, similar, or equivalent to the ones covered by another registered trademark; or that two registered trademarks or the products covered by them are interchangeable between them.
7.1. The information that the Users provide to us is used only for the purpose of offering a better service, therefore, it will not be transmitted to third parties without previous authorization from the User. QuimiNet guarantees the confidentiality of personal User data.
7.2. QuimiNet guarantees that the appropriate security measures have been adopted in its facilities, systems and files.
7.3. QuimiNet will not be not responsible if confidential information is provided to pertinent public authorities when it is provided by applicable rules of law or by explicit request of the authorities.
7.4. The User guarantees and is responsible for the truthfulness, accuracy, validity and authenticity of any information provided to QuimiNet and also agrees to keep it updated.
7.5. With the purpose of providing a better service, QuimiNet might use cookies for better User identification, and the User authorizes the implementation of this practice.
8.1. The nulity, invalidity, illegality or any other defect in any of the provisions contained in any of these Terms will only apply to that provision, and therefore will not affect other provisions herein agreed, which retain their binding force entirely.
9.1. The headings or titles of these Terms are included exclusively to facilitate the reference, and do not limit or affect in any other way the terms and conditions of these Terms.
10.1 QuimiNet offers its services in the territory of the Republic of Mexico, therefore QuimiNet does not declare that the content of the Website is appropriate or available for use in other places, nor will it be responsible for the access to the website by persons who are in places where the website content could be illegal. Those who access the Website do so by their own initiative and are responsible for the effects of the local laws applicable to them. This website, as well as any matter related with it or its use, are governed by the mercantile laws of the republic of Mexico.
10.2 Any dispute, controversy, claim or difference that rises from, or is related to, the use of this Website, including QuimiNet's privacy policies, will be solved and decided definitively by arbitration, governed by the Reglamento de Arbitraje Comercial de la Asociación Mexicana de Mediación y Arbitraje Comercial, A.C. (\"AMMAC\", Regulation of Commercial Arbitration of the Mexican Association of Mediation and Commercial Arbitration). The arbitration will be resolved by an arbitrator, which will be designed by the AMMAC. The language to be used in the arbitration will be Spanish. The place of the arbitration will be Mexico City, notwithstanding that any investigation and hearings can be conducted anywhere. If for any reason AMMAC is unable to administer the arbitration, the parties agree that the American Arbitration Association in New York will administer the arbitration, and the same rules of international commercial arbitration shall apply.
11.1 Any notification or communication addressed to QuimiNet should be sent to Av. Insurgentes Sur 553 - 7o Piso, Col. Escandón. 11800 Mexico City D.F. Phone number: 52(55)5272-3100. E-mail: abuse@marketizer.com.
When you visit the website you do it in an anonymous form unless you \"Initiate a Session\" with your username and password. If you do not initiate a session, QuimiNet will save information of your visit automatically using cookies, but this information will not identify you personally. The information will only be used for statistical purposes or for legal ends if suspicious or illegal activity is detected. The information kept from all visits is: the IP address from which you access the website, type and version of browser, date and time, pages visited and in some cases the page from which you arrived to our website. If you initiate a session in the website, the information of your visit can be related personally to you. When you do this, you authorize QuimiNet to register this information.
The User information, including phone numbers and e-mail addresses, will be used only for communication between QuimiNet and their users, which agree to be contacted by QuimiNet by electronic means, phone or any other when providing their data in the website. The information provided by users when requesting products/services information will be used specifically to help them obtain product/service suppliers of interest to them and potentially some of the information will be sent to certain suppliers. Otherwise, the user information is not transmitted to third parties, except if authorized by the user. QuimiNet takes all valid measures to guarantee the confidentiality of personal user data.
The Policies are governed by, as applicable, the Use Policies of this Website, and in their defect by the laws of the republic of Mexico.
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04-Sep-2010 | |
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