Welcome to the https://showyourfire.com/ website (the “Site” or the “Webpage”), which offers you the chance to access, discover and use different art and literary works that are made public knowledge through the Site (the “Works”), under the terms and conditions indicated below (the “Terms and Conditions”), as well as the policies incorporated by reference in the Terms and Conditions (jointly: (i) Terms and Conditions and (ii) incorporated policies, the “Contract”).
We suggest that you carefully read the Contract before using the Site, as by entering our Site you electronically confirm your understanding and acceptance thereof, in the terms of Articles 2, 78, 80, 81 and other applicable articles of the Commercial Code and Article 1803 and other related articles of the Federal Civil Code; if you do not accept these terms and conditions of use and the incorporated policies, you cannot use the Site.
TRAZANDO ETICA, S.A.P.I. de C.V. will not keep an individualized copy of this agreement made by and between the User and LUAN MUSEO EMOCIONAL, and therefore we recommend that the User save a copy of these Terms and Conditions of Use for their own files.
Terms and conditions
These terms and conditions govern the use of the Site owned by TRAZANDO ETICA, S.A.P.I. DE C.V. (“LUAN MUSEO EMOCIONAL”), domiciled at Jaime Balmes 11, Polanco, in Mexico City, Mexico.
Through the Site, LUAN MUSEO EMOCIONAL offers:
LUAN MUSEO EMOCIONAL is always evolving, and therefore the aforementioned services and products are constantly being updated.
Due to the contents and purpose of the Site, anyone who wants to take advantage of the Products and/or Services must access and use the Site; the status of user assumes the acceptance of the terms and conditions of use (the “User”).
USE OF THE SITE: HTTPS://LUAN.COM.MX
The User and LUAN MUSEO EMOCIONAL agree that:
The User must be at least 18 years of age to use the Site.
LUAN MUSEO EMOCIONAL extends a non-transferrable and revocable license to use the Site. In case of legal entities, these are subject to the stipulations of Article 148, section IV of the Federal Copyright Law. The total or partial reproduction, public communication, radiobroadcasting, distribution and transformation of any information, image, document or graphic that appears on the Site, for any use other than the personal and non-commercial use referred to below, is strictly prohibited for the User, unless with the prior written authorization of LUAN MUSEO EMOCIONAL. Any breach of this Contract, in addition to constituting a violation of the Federal Copyright Law, Industrial Property Law, and other Mexican laws, and of other countries, makes the User liable for such use and will result in the immediate revocation of the licenses granted in this Contract, without prior notice.
LUAN MUSEO EMOCIONAL reserves the right to block access or to partially or totally remove all information, communication or material that, at its sole discretion, may: i) be abusive, defamatory or obscene; ii) be fraudulent, false or misleading; iii) infringe copyrights, trademarks, confidentiality, trade secrets or any third party intellectual property; iv) be offensive, or; v) in any way contravene the stipulations of this Contract.
LUAN MUSEO EMOCIONAL does not presume that the contents of the Site may be legally seen outside of Mexico. Access to the contents may not be legal for certain people or in certain countries. If the User has access to the contents from outside of Mexico, he/she does so at his/her own risk and he/she is responsible for compliance with the laws in the jurisdiction where he/she is located.
Users are prohibited from violating or attempting to violate the security of the Site and of the affiliated websites of LUAN MUSEO EMOCIONAL; the User is prohibited from: (a) accessing the data that the User is not authorized to use or to start a session in a server or account not authorized to the User; (b) attempting to examine, scan or test the vulnerability of a computer system or network or violate security or authentication measures without due authorization; (c) attempting to interfere with the use of any other User, hosting service or network, including, but not limited to, transmitting a virus to the Site or to the affiliated websites of LUAN MUSEO EMOCIONAL; causing a saturation of such sites by means of flooding, spamming, mailbombing or crashing; (d) sending unwanted emails (spam), including offers and/or adverts of products and services, or; (e) falsifying any TCP/IP header packet or any part of the header information in any email or publication in news groups.
The User recognizes that the violations of the computer system or of the network security may constitute infringements of the governing laws and cause damages and losses and, therefore, generate civil and criminal liabilities. LUAN MUSEO EMOCIONAL will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; LUAN MUSEO EMOCIONAL will cooperate with the competent authority in the investigation of such violations in the terms established in the governing laws.
For access to and use of the Site, Users must have the necessary hardware and installations for their Internet connection (PC, telephone, modem, software, etc.), the use thereof being the full responsibility thereof.
LUAN MUSEO EMOCIONAL is exempt from any liability that occurs due to interruptions or suspensions of the Internet access service caused by a fault in the telecommunications systems, in the electricity supply, acts of god or cases of force majeure or third party actions that may disable the hardware that provides access to the network.
In virtue of the above, LUAN MUSEO EMOCIONAL assumes no liability for any damage or loss to the User caused by faults in the system, in the server or Internet. Nor will LOAN MUSEO EMOCIONAL be liable for any virus that may infect the User’s hardware as a consequence of access to, use or surfing of the Site or in virtue of any transfer of data, files, images, text or audio contained thereon. Users may NOT impute any liability thereto or claim the payment of damages or losses, in virtue of technical difficulties or faults in the systems or Internet. LUAN MUSEO EMOCIONAL does not guarantee the continuous or uninterrupted use of or access to the Site. The system may temporarily be unavailable due to technical difficulties or Internet faults, or any other circumstance out of the control of LUAN MUSEO EMOCIONAL; in these cases, it will attempt to reestablish it as soon as possible without being subject to any type of liability as a result. Similarly, LUAN MUSEO EMOCIONAL is not liable for the damages and losses caused by: (i) the unavailability of the Work(s); (ii) unauthorized access to and use of the personal and financial information of the Users stored on the Site’s servers that violate the security and storage systems of the Site; and, (iii) any other problem related to the Services, the Work(s) and the Site.
Through the Site, LUAN MUSEO EMOCIONAL conveys to the public, by means of the publication, communication and transfer, different Works that, from time to time, are available to the User through the Site and, in general, Services and Products are offered in the terms states on the Site and in the Contract.
Access to and use of the Site is aimed at the general public. However, in the case of contracting a Service and purchasing a Product by payment through the Site, this can only be done by adults with full legal capacity. Under-18s and adults who, due to reversable or irreversible illness, or who due to their specific physical, sensorial, intellectual, emotional or mental disabilities or combinations thereof, are unable to manage their affairs, assume obligations or state their will, per se or by any means of substitution, are not authorized to contract the Service.
In the case that the User contracts a Service and/or purchases a Product in exchange for payment, the User states that he/she is over 18 and is not found in any of the cases mentioned in the previous paragraph.
If the User provides false, inexact, out-of-date or incomplete information, or if LUAN MUSEO EMOCIONAL has reason to believe that the information supplied by the User has such status, LUAN MUSEO EMOCIONAL has the right to suspend the Services, rescind or terminate the Contract and to refuse any current or future use of the Service, of the Product and/or of the Site.
The User states that he/she agrees with the security measures and storage of personal and financial information of the User.
When explicitly stated on the Site, the price to access and use the Work(s) on the Site will be that indicated on the Site at the moment of making the purchase and will only be valid for the period indicated on the Site; if no period is stated, it will be understood that LUAN MUSEO EMOCIONAL may change it at any time and without prior notice.
For payment of the consideration, the User will utilize the mechanisms and tools enabled on the Site to this effect. When possible, due to technological implementations, the User authorizes LUAN MUSEO EMOCIONAL to make the corresponding charges to the credit card, debit card or PayPal account for the purchases made by the User, including additional amounts, such as taxes, accordingly.
Payment by means of a credit card or any other online method of payment must be made on the Site.
The User is bound not to reproduce the Work(s) outside of the terms explicitly authorized in the Contract, unless he/she acquires additional licenses to do so. Similarly, the User is bound to not publicly convey, distribute, broadcast or transform the Work(s) by any means.
In those cases in which a consideration has been paid, the User will be liable for the punctual payment of the consideration and for providing LUAN MUSEO EMOCIONAL with correct and valid information related to the method of payment utilized by the User (credit card, debit card, PayPal, etc.) for purchases on the Site.
The User accepts and acknowledges that access to and use of the Work(s) on the Site does not grant additional or different exploitation rights to those expressly granted by this Contract over the respective Work(s).
The User accepts and acknowledges that he/she will be solely and exclusively liable for the payment of the taxes generated regarding the use of the Site thereby and the contracting of Services and purchases of the Products and/or the corresponding licenses.
LUAN MUSEO EMOCIONAL reserves the right to request official documents from its customers, as a means of validation for the product purchase process through the Site.
In case of a lack of recognition by the corresponding bank of the charges made by the respective User using a credit card and derived from transactions performed on the Site, LUAN MUSEO EMOCIONAL reserves the right to take the corresponding legal actions and to file the criminal or civil liabilities, accordingly, or of any other kind, as well as to carry out any internal actions, which may range from repeating the charge to the credit card of such User up to the definitive expulsion of the User from the Site, for which the prior authorization of the User will not be required.
INTELLECTUAL AND INDUSTRIAL PROPERTY AND COPYRIGHTS
Unless stated otherwise on the Site, LUAN MUSEO EMOCIONAL recognizes that it is the holder of the registered or unregistered intellectual property rights of the Site, including, but not limited to: projects, software, source codes, graphics, Works, videos, images, music, sound, text, logos, trademarks, domain names, brand names and data included on the Website. All the contents of our page are also protected by copyrights as a collective work under Mexican copyright law and international conventions. All rights reserved.
Users are warned that such rights are protected by current Mexican and international laws related to intellectual and industrial property and copyright.
If it is believed that any contents published on the Site infringing intellectual or industrial property rights, the User may file a notification using the “Contact” section of the Site. The User must indicate: i) true personal data (full name, address, telephone number and email address of the claimant); ii) handwritten signature with the personal data of the holder of the intellectual property rights; iii) precise and full indication of the content(s) protected by the supposedly infringed intellectual property rights, as well as the location of such infringements on the Site ; iv) explicit and clear statement that the inclusion of the indicated content(s) has been made without the consent of the holder of the supposedly infringed intellectual property rights; v) explicit and clear statement, under the responsibility of the claimant, that the information provided in the notification is exact and that the inclusion of the content(s) constitutes an infringement of such rights; vi) information, under oath to speak the truth, that the supplied information is exact and that the claimant is the holder of the intellectual property rights that are believed to have been infringed; vii) any evidence that allows corroboration of the ownership of the intellectual property right mentioned as having been infringed (for example: trademark registration, in the case that an industrial property right of this type if believed to be infringed).
The Site contains links to third party websites. These links are only provided as an advantage of the Site for the User and do not imply that LUAN MUSEO EMOCIONAL has approved the contents of such third party websites. LUAN MUSEO EMOCIONAL is not liable for the contents of linked third party websites and makes no statement regarding the contents or veracity of the material on such third party websites. If the User decides to access the third party websites using these links, he/she does so under his/her own responsibility and risk.
The User acknowledges and accepts that some parts of the Site may contain information, images, adverts and other advertising material or publicity of third party sponsors and advertisers (hereinafter the “Advertising Material”). The advertisers and sponsors are responsible for ensuring that the Advertising Material submitted for inclusion on the Site complies with the corresponding laws. LUAN MUSEO EMOCIONAL is not liable for any error or inexactness in the Advertising Materials.
Furthermore, the User hereby acknowledges and accepts that such Advertising Material is protected by the applicable intellectual and industrial property laws.
INFORMATION ABOUT DISTINGUISHING MARKS AND WORKS
The information provided about the Works and the brand names, trademarks or distinguishing marks of any kind contained in the Site of LUAN MUSEO EMOCIONAL are provided for purely informative purposes.
CREDITS AND OFFERS
LUAN MUSEO EMOCIONAL will inform the Users subscribed to the newsletter, by e-mail, of all the offers and future opportunities, with the respective dates and conditions.
Offers will have specific terms and conditions, and the Users interested in taking part will be responsible for reading and understanding these terms and conditions.
Any coupons that are given by LUAN MUSEO EMOCIONAL to Users are not accumulable with other coupons from the same store and only one can be used per “shopping cart” or “basket”.
The credits generated by the promotional activities of LUAN MUSEO EMOCIONAL (coupons, etc.) may be exchanged exclusively for Products or Services offered on the Site. Credits cannot be exchanged for other credits.
ACCEPTANCE ORDER AND PRICES
If applicable, all the prices of the products included on the Site include VAT (Value Added Tax) and any other taxes that may apply. However, these prices do not include the costs corresponding to the shipping of the products, which will be detailed separately in each order and must be accepted and paid exclusively by the User prior to shipment.
Prices, offers and availability, subject to change without prior notice.
The User must be aware that cases arise in which an order cannot be processed for different reasons. Consequently, LUAN MUSEO EMOCIONAL reserves the right to refuse or cancel any order for any reason, at any time. Additionally, it must be made clear that the User may be asked for additional information even before the order is accepted.
AVAILABILITY OF PRODUCTS AND SERVICES
All the Products and Services offered on the Site are subject to stocks and availability, and therefore the delivery times may vary by prior notice given by us, or the order may even be cancelled and, if applicable, the charges will be refunded to the User.
If the offered delivery time is not to the full satisfaction of the User, the cancellation of the order may be requested.
CANCELLATION OF THE PURCHASE OF PRODUCTS AND/OR CONTRACTING OF SERVICES
In the case of physical products, the User may cancel the purchase of Products made through the Site, as long as the purchased products have not left the offices of LUAN MUSEO EMOCIONAL. In the case that the Products have already been sent by LUAN MUSEO EMOCIONAL, the User cannot cancel the purchase and will have to follow the procedure described in the “Returns” section of these Terms and Conditions. In the case of contracting Services, the cancellation will be according to the policies issued by LUAN MUSEO EMOCIONAL to this effect. In the case that the Products purchased by the User have not been sent, the cancellation option will be available. In case of cancelation of the purchase made by the User, the amount paid thereby will be refunded in accordance with the “Refunds” section of these Terms and Conditions.
If the payment was made by debit or credit card, the refund will be made by means of a refund of the charge on the same card that was used, as long as no more than 5 (five) business days have passed following the charge. If the payment was made by other means or more than 5 (five) business days have passed since the charge, the refund will be by means of a bank transfer to the account indicated by the User.
LUAN MUSEO EMOCIONAL does not assume nor will it assume liability for the costs caused by those returns made without following the steps established in the procedure described in the “Returns” section.
In case of cancellation of the purchase made by the User in accordance with the “Cancellation of the Purchase of Products” section of these Terms and Conditions, the User must request the refund from LUAN MUSEO EMOCIONAL for the full amount paid by the User within 7 calendar days following the date of the cancellation of the purchase by the User.
USER LIABILITY REGARDING TRANSACTIONS
The User assumes liability for all the costs, rates, taxes and complaints derived from the use of this Site. The data provided from time to time for certain accesses, notified to the User, have been designed exclusively for personal use and must be treated confidentially. All transactions performed by means of the profile account will be imputed to the holder of the respective account profile and will have binding force.
AMENDMENTS TO THE SITE HTTPS://LUAN.COM.MX
LUAN MUSEO EMOCIONAL may, at any time and when it deems it appropriate and without the need to notify the User, make corrections, additions, improvements or changes to the contents, presentation, information, Services, Products, areas, databases and other elements of the Site, without this giving rise or the right to any claim or compensation, nor implying the recognition of any liability in favor of the User.
TERM, TERMINATION AND AMENDMENT OF THE CONTRACT
LUAN MUSEO EMOCIONAL, and the User, acknowledge that the Contract has an unlimited duration and will be effective as of its publication on the Site.
LUAN MUSEO EMOCIONAL reserves the right to make changes to this document without the need for prior notice. For this reason, LUAN MUSEO EMOCIONAL recommends that the User regularly reread this document, so as to be always informed of any changes made hereto. Changes to the Contract will become effective immediately after their publication on the Site. Once the amendments have been made, it will be assumed that the User has full knowledge and has read and consented to the amended Contract by the simple fact of continuing to use the Site. In the case that the User does not agrees to the amended terms and conditions, he or she must stop using the Site.
The termination of this Contract will not imply, under any circumstance, that LUAN MUSEO EMOCIONAL must indemnify the User.
The Contract, as well as the additional terms, represent the full accord between the parties, and replace any other prior agreement or contract. In the case that any clause or stipulation of this Contract, as well as of the additional terms, is legally declared invalid, all the other clauses or stipulations shall continue in effect.
Occasionally, LUAN MUSEO EMOCIONAL may review, update and/or add additional provisions to this Contract related to specific areas or new Products and Services that are provided on or through the Site, which will be published in the specific areas or new Products and Services of such Site for reading and acceptance. The User acknowledges and accepts that such additional terms form an integral part of this Contract for all corresponding legal effects.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be interpreted and governed by the current laws in Mexico City, Mexico, waiving the application of the Convention on Contracts for the International Sale of Goods.
ASSIGNMENT OF RIGHTS
The rights granted to the User may not be assigned or transferred or authorized to any third party for their use in any way. LUAN MUSEO EMOCIONAL may fully or partially assign its rights and/or obligations to any third party, subsidiary or holding company of LUAN MUSEO EMOCIONAL. For the above, the User authorizes LUAN MUSEO EMOCIONAL to assign the obligations derived from this Contract to any third party, subsidiary or holding company of LUAN MUSEO EMOCIONAL. In virtue of such assignment, LUAN MUSEO EMOCIONAL will be released from any obligation in favor of the User established in this Contract.
NON-WAIVER OF RIGHTS
The failure by LUAN MUSEO EMOCIONAL, its affiliates or suppliers to exercise any right or action derived from this Contract must not, under any circumstance, be interpreted as a waiver of such rights or actions.
The User agrees to compensate LUAN MUSEO EMOCIONAL, its affiliates, suppliers, vendors and advisors for any action, complaint or claim (including legal fees and court costs) derived from any breach of this Contract by the User, including, but not limited to those derived from:
LUAN MUSEO EMOCIONAL reserves the right to assume the defense and control of any matter or claim that implies or may imply the payment of compensation associated to any breach by the User. The User is bound to cooperate with LUAN MUSEO EMOCIONAL in the development of the pertinent defenses.
If any stipulation established in the Contract is declared illegal or void in any jurisdiction, it will not affect: (i) the legality, validity or exercise in such jurisdiction of any other stipulation of this Contract; or (ii) the legality, validity or exercise in any other jurisdiction of such or any other stipulation of this Contract.
The headings of the clauses are included solely for convenience and for ease of use, and therefore under no circumstance will they be taken into account for the purpose of the interpretation of this Contract or affect the obligations contained herein.
The Terms and Conditions were amended on May 14, 2020.