TRAZANDO ÉTICA, S.A.P.I. DE C.V. (hereinafter “LUAN”) with an address located at Jaime Balmes 11, TB-Loc108B, Colonia los Morales Polanco, C.P. 11510, Mexico City, calls a forum for participation, which is subject to the terms and conditions set forth below.
These terms and conditions (hereinafter, the “Requirements”) are intended to establish the terms and conditions under which the Participant (as said term is defined below), shall participate in the Forum (as said term is defined below) implemented through the Internet site located at URL https://showyourfire.com/ (hereinafter, the Site).
Participant’s participation in the Forum represents full knowledge, acceptance, and submission to each of the obligations and rights contained in this instrument.
To participate in the forum “[__________]” (hereinafter the “Forum”), the following Terms and Conditions must be read totally and fully comply with the requirements, as well as submitting to said participation rules (hereinafter the “Terms”) established herein, which implies the knowledge and unconditional and express acceptance of them.
In order for the Participant to participate, such must be registered, and it must submit the information required either through the functionalities of the Site or by other means of common use; The foregoing in order to integrate the user database, which shall be subject in terms of its administration and use to this contract and the LUAN Privacy Policies.
LUAN reserves the right at all times to admit or reject the registration requests submitted to acquire the status of Participant within the Forum.
By participating in the Forum, the Participant undertakes to hold LUAN’s harmless, as well as to compensate the possible damages that may arise, concerning any claim, complaint, administrative or judicial action initiated by any third party regarding industrial property or copyright, claiming a better right regarding the information and/or documentation, trademarks, designs, names or commercial notices, among others, provided by the Participant to LUAN in terms of the Requirements.
Once the Participant’s request has been accepted, the latter may use the Site, for the purposes of the Forum.
The Participant shall be solely responsible for the veracity, content, and scope of the Content provided through the Site for its inclusion in the Forum, by virtue of this, the Participant undertakes to hold LUAN harmless from any complaint, claim, administrative or judicial action related to or derived from the Content; Likewise, LUAN shall not be liable for compensation for damages or losses, nor for any compensation that may arise as a result of the use or inaccuracy of said Content.
The Participant undertakes at all times that the Content is not subject to seizure or is not subject to any limitation regarding its use, exploitation, transfer of ownership or possession, as well as that, regarding its disposition, it is not expressly prohibited by a provision of law.
LUAN reserves the right to supervise that the Content does not include, including but not limited to pornographic, obscene material, contrary to morals and good customs and/or that by its nature, is considered of illegal origin, violates current international laws and treaties on the copyright or industrial property, with the understanding that if any of the foregoing assumptions is presented or updated, LUAN may terminate this contract, without the need for any judicial statement.
The Participant undertakes not to carry out by himself or through third parties, any act that attempts against the Site, tending to interrupt, manipulate, modify, alter, destroy or in any way affect the operation of the Site or LUAN’s databases. The Participant acknowledges and accepts that in the event of incurring in any of the acts detailed above and regardless of their result, LUAN shall have the right to take legal action against the Participant, the latter being liable for damages and prejudices caused to LUAN, without prejudice to the criminal responsibility that may be incurred.
Access to the Site, as well as the use of the information contained therein, are the sole responsibility of the person who performs them. LUAN provides the information “in its terms,” without granting any guarantee regarding its content and scope.
The Participant undertakes to keep the identification codes received to access the Site under the strictest confidentiality, thus, he shall be solely responsible for all operations carried out on their behalf through the Site.
Any violation of the Requirements, the procedures, and/or systems established for the realization of this Forum implies the immediate exclusion and/or revocation of the prizes in case of being the winner.
The Forum period begins on January 1st, 2022, and ends on February 28th, 2022.
Inside and outside the Mexican Republic (except Europe and European citizens).
All individuals who meet all the following requirements (hereinafter “Participant”) may participate in the Forum:
The Participant guarantees and acknowledges being the owner (or licensee – with sufficient rights to participate in the Forum with the Content– ) of the intellectual property rights, whether registered or unregistered, contained in the Content, including but not limited to graphics, videos, images, music, sound, texts, trademarks, trade names, and other information included therein.
LUAN does not guarantee uninterrupted access or continued use of the Site, the Participant acknowledges and accepts that the Site may eventually be unavailable due to technical failures beyond LUAN’s control or directly attributable to the Internet value-added service provider.
In the event of failure or inability to access the Site by the Provider, LUAN shall make its best efforts to reestablish the Forum, without the foregoing representing the possibility that LUAN assumes any type of responsibility or may be required to compensate for resulting damages or losses of technical difficulties or failures, regardless their origin.
LUAN SHALL NOT BE LIABLE TO THE PARTICIPANT, EITHER CONTRACTUAL OR EXTRACTUAL FOR (I) ANY LOSS OF PROFIT (II), ANY LOSS OF GOODWILL, (III) ANY LOSS OF OPPORTUNITY, (IV) ANY LOSS OF DATA, (V) ANY LOSS OF BUSINESS, (VI) ANY BUSINESS INTERRUPTION, (VII) ANY LOSS OF CORPORATE REPUTATION, OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSS OF ANY NATURE.
LUAN’S TOTAL GLOBAL LIABILITY, BOTH CONTRACTUAL AND EXTRACONTRACTUAL, SHALL BE LIMITED TO THE HIGHEST AMOUNT OF THE FOLLOWING: (I) THE AMOUNT PAID BY YOU TO LUAN DURING THE 12-MONTH PERIOD IMMEDIATELY PRIOR TO YOUR PAYMENT; Or (II) 100.00 USD.
THE PARTICIPANT ACKNOWLEDGES AND AGREES THAT LUAN SHALL NOT BE CONTRACTUAL OR EXTRA-CONTRACTUAL LIABLE, FOR ANY LIABILITY, LOSS, EXPENSES (INCLUDING LEGAL COUNSEL FEES), COST, CLAIM, OR LIABILITY FOR ANY LOSSES DUE TO DAMAGES INCURRED BY THE PARTICIPANT OR ANY OTHER PERSON FOR THE FOLLOWING: THE FACT THAT THE PARTICIPANT HAS BEEN BASED ON THE COMPLETENESS, CORRECTNESS OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE PARTICIPANT AND ANY ADVERTISER OR SPONSOR WHOSE PUBLICITY APPEARS ON THE SITE; ANY MODIFICATIONS LUAN MAY MAKE TO THE SITE; THE DELETING, CORRUPTION OR LACK OF STORAGE OF ANY CONTENT AND OTHER COMMUNICATION DATA MAINTAINED OR TRANSMITTED BY ITS USE OR THROUGH ITS USE OF THE SITE; THE FACT THAT THE PARTICIPANT HAS NOT PROVIDED CORRECT INFORMATION TO US; OR THE FACT THAT THE PARTICIPANT HAS NOT MAINTAINED THE SECURITY OR CONFIDENTIALITY OF HIS PASSWORD OR ACCOUNT DATA.
THESE LIMITATIONS ON LUAN’S LIABILITY SHALL APPLY REGARDLESS OF WHAT LUAN HAS BEEN INFORMED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES.
EL PARTICIPANTE TIENE LA RESPONSABILIDAD DE SUFRAGAR LOS CARGOS POR USO DE TECNOLOGÍA MÓVIL QUE PUEDAN SER APLICABLES A SU USO DE NUESTRO SERVICIO, INCLUIDOS LOS CARGOS POR MENSAJES DE TEXTO Y DATOS. SI EL PARTICIPANTE NO SABE A CUÁNTO PUEDEN ASCENDER ESOS CARGOS, DEBERÁ CONSULTAR A SU PROVEEDOR DE SERVICIOS ANTES DE UTILIZAR EL SERVICIO.
In the event that any content published in any Content is considered to be a violation of intellectual or industrial property rights, the interested party may make a notification through the “Contact” section of this website (the “Site”). The interested party shall have to indicate: i) true personal data (name, address, telephone number and email address of the claimant); ii) autograph signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of said violations in the corresponding Content; iv) express and clear statements that the introduction of the content(s) indicated has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear statement and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of said rights; vi) information, under oath to tell the truth, that the information provided is accurate and that the claimant is the owner of the intellectual property rights that are deemed violated; vii) any evidence that allows to corroborate the ownership of the intellectual property right that is invoked as violated (for example, trademark registration, in the event that an industrial property right of this type is considered violated).
For his part, if the Participant receives a notification of infringement of intellectual property rights that he considers erroneous or believes that he is authorized to use the content, he can directly contact the interested party who filed the procedure to request him to withdraw it.
He can also challenge such notification through the Site. If he does not include the necessary information, our ability to analyze his allegations may be limited and we may dismiss his challenge. For such purposes, he must provide the following information: i) true personal data (name, address, telephone number, and email address of the Participant); ii) autograph signature with the owner’s personal data; iii) precise and complete indication of why it is believed that the Participant’s Content has been incorrectly reported; iv) express, clear declaration and under the responsibility of the Participant that the information provided in the challenge is accurate and that the introduction of the content(s) constitutes a violation of said rights; v) information, under oath to tell the truth, that the information provided is accurate and that the Participant is the owner of the disputed intellectual property rights; vi) any evidence that allows corroborating the ownership of the intellectual property right that is invoked as being violated (for example, trademark registration, in the event that an industrial property right of this type is considered violated).
Any violation of these Requirements, any false registration, or wrongful and/or malicious conduct of the Participant shall result in the immediate deletion of the Content of the Participant from the Site, at the complete discretion of LUAN, all privileges in their capacity as Participant shall be terminated immediately.
The Participant and, where appropriate, his representatives acknowledge and accept that the information provided as a result of their participation in the Forum, is granted in terms of article 109 of the Federal Law of Copyright of the United Mexican States in force, in the sense that the private information contained in the database that LUAN conforms due to the organization of the Forum, cannot in any way be disclosed, or made public, without the prior consent granted in writing by the Participant through their representatives.
Consequently, and to comply with the provisions of the preceding paragraph, with the acceptance of these Requirements, the Participant expressly agrees to grant his written consent for the indicated information to be used by LUAN, for direct and indirect purposes of the Site. The above restrictions shall not be applicable in the event of an order from the competent administrative or judicial authority requiring access to the aforementioned information, in accordance with the applicable and current legislation.
LUAN undertakes to use the Participant’s information only for proper participation in the Forum. In order to comply with the foregoing, LUAN undertakes to make its best efforts to keep its security systems updated to protect the integrity and confidentiality of its databases.
The contents of each of the applications and functionalities corresponding to the Site, its programs, databases, networks, the files that allow the Participant to access the Site and his respective account, are LUAN’s property and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial design matters. The improper use and total or partial reproduction of said contents are prohibited, punishable by law with civil and criminal penalties, and shall be the subject of all pertinent legal actions.
The Participant (or the Participant’s licensor) shall continue to own the copyright of the Content he submits, but by submitting Participant’s Content through the Forum, he hereby grants LUAN an unconditional, non-exclusive, royalty-free, fully transmissible license for fifteen years, worldwide[1] for the reproduction, public communication[2], public transmission[3], transformation and disclosure of derivative works, in any of its modalities, such as translation, adaptation, paraphrase, arrangement and transformation, and, in general, any form of public use.
In addition, the Participant grants free-of-charge authorization, to use his username, image, voice, and likeness to identify him as the source of any Content that he owns.
For the avoidance of doubt, the rights granted in the previous paragraphs of this Section include but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of musical works incorporated in said sound recordings) and to reproduce publicly and communicate to the public the sound recordings (and the musical works incorporated in them), that are royalty-free. This means that he grants us the right to use his Content without the obligation to pay royalties or any remuneration to any third party, including, but not limited to, an ancillary rights owner of phonograms, a copyright owner of musical works (for example, an editor of musical works), a collective management society of organization with interpreting rights, of phonogram producers, any unions or guilds or other royalty participants involved in the creation of the Content.
In addition to what is established in the previous section, the Participant expressly states his consent so that LUAN, free of charge and without payment of any consideration, includes, within the space designated for such purpose in the Site, the logos, names, designs, trademarks or commercial notices that distinguish in particular and allow the Participant to be clearly identified regarding other providers of Forum participants. In this regard, LUAN undertakes in relation to the aforementioned industrial property rights of the Participant, to respect the colors, proportionality, conjunction, and specifications, refraining from modifying or altering them in any way, within what is technically possible.
This Forum may be suspended, canceled, or totally or partially modified, at any time by giving notice to the Participants, as well as by publishing it on this Site and/or in the means where this Forum is published.
LUAN reserves the right to modify at any time the content and scope of these Requirements, as well as any other document that complements them, being bound to notify the Participant 10 business days in advance, through the Site and making it available to the Participant by means of the functionality designated for this purpose a copy of the terms and conditions that shall govern the Participant’s participation in the Forum from said modification.
In the event that the Participant carries out any type of transaction through the Site, once the term for the entry into force of the modifications to this agreement and any other complementary documents have elapsed, it shall represent the express acceptance by the Participant regarding said modifications and, where appropriate, new terms and conditions; with the understanding that in the event that said modifications are not acceptable to the Participant, he may choose to terminate this instrument without liability, being bound to notify LUAN in writing at least 5 business days prior to the entry into force of any modifications to this contract and its complementary documents.
This Forum shall be considered issued in accordance with the laws of the Mexican Republic, complying with the jurisdiction and competence of the courts of Mexico City.
TRAZANDO ÉTICA, S.A.P.I. DE C.V. which address is located at Jaime Balmes 11, TB-Loc108B, Colonia los Morales Polanco, C.P. 11510, Mexico City, is responsible for the personal data of the participants, so it makes a permanent effort to safeguard them.
We inform the Participants that the personal data that was requested (email and name) shall be used exclusively to contact the Participant in case LUAN pretends to use the Content differently as authorized by virtue of these Requirements.
For the purpose of keeping the records of TRAZANDO ÉTICA, S.A.P.I. DE C.V. in order to be able to answer Participants’ questions; carry out advertising activities such as offering you products, services, and information from TRAZANDO ÉTICA, S.A.P.I. DE C.V. and/or commercial prospecting and statistical and market analysis. The Participant has the right to access, rectify and cancel the processing of their personal data, as well as to oppose its processing, limit its use or revoke the consent that for this purpose they have been granted.
Therefore, the personal data provided to participate in this Forum is governed by the privacy policy of TRAZANDO ÉTICA, S.A.P.I. DE C.V. For more information, please contact admin@luanmuseoemocional.com
from Monday to Friday from 9:00 am to 6:00 pm.
The Participant and his representatives, where appropriate, shall provide personal data for identification at their own risk and expense, stating under oath to tell the truth that they are true, and must at all times be responsible for their veracity; Without prejudice to the criminal consequences that may arise against the Participant due to falsehood in any of its statements, LUAN shall not be obliged to accept the request of any person when the information provided is inaccurate or false; in turn, LUAN may definitively suspend the Participant from accessing the Site, when it is proven that he has incurred in falsehood or inaccuracy regarding the content of the information and data provided.
The parties submit for the resolution of any controversy that may arise in relation to this document, to the jurisdiction of the Courts and Tribunals of Mexico City
In case there are questions or clarifications regarding the Forum, please call: +52 55 3952288
from Monday to Friday from 9:00 am to 6:00 pm
[1] By any means, whether printed, phonographic, graphic, plastic, audiovisual, electronic, photographic, or other similar.
[2] Through the following forms: Public representation, recitation, and performance in the case of literary and artistic works; b) Public exhibition by any means or procedure, in the case of literary and artistic works; c) Public access through telecommunication, including broadband and Internet, and; d) Making their works available to the public, in such a way the members of the public can access these works from the place and at the time that each of them chooses.
[3] By a) Cable; b) Optical fiber; c) Microwave; d) Via satellite or e) Any other known or unknown means.