Terms of Service
Introduction
The Ganax web sites (collectively, the "Web Sites", "Sites", or "Site") operated by Iniciativas de Éxito, S.A. de C.V. (doing business as Ganax®) or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents ("Ganax” or "we") are comprised of various web sites and web pages. The terms, conditions, and notices contained herein (collectively, the "Terms") apply to all Ganax Web Sites and are supplemented by our other policies (such as privacy) and related terms and conditions applicable to our different types of users, such as Influencers or Brands (the “Supplemental Terms”). Capitalized terms have the meaning given in these Terms or any other applicable Supplemental Terms, unless otherwise defined within these Terms.
Acceptance of Terms
Access to and use of the Site is subject to the terms and conditions described herein and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING OR USING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THESE TERMS. Ganax reserves the right to change these Terms from time to time by updating this posting. If you do not agree to these Terms, do not use this Site or any other Ganax-affiliated Site.
Supplemental Policies
Use of the Ganax Web Sites is also subject to the Ganax Privacy Policy, Cookie Policy, and other Supplemental Terms & Conditions applicable to our various users, including but not limited to Influencers, Brands, and general site visitors.
Personal and Noncommercial Use
Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site ("Content"), including without limitation text, graphics, photographs, images, sound, illustrations, information, software, products, services, or the arrangements thereof, except as expressly permitted herein. The Content is the property of Ganax or its licensors and is protected by copyright, trademark, and other laws.
You acknowledge that any unauthorized use of any Content could cause irreparable harm to us, and you agree that in the event of any such unauthorized use, we will be entitled to seek an injunction in addition to any other remedies available at law or in equity. Any other use of Content, including modification, reproduction, distribution, republication, display, or transmission of any Content, without our prior written permission, is strictly prohibited.
Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES WHICH ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER GANAX NOR ANY OF ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THIS SITE.
Third-Party Content
GANAX IS IN NO WAY RESPONSIBLE FOR ANY THIRD-PARTY CONTENT THAT IS POSTED, UPLOADED, CREATED ON, SHARED THROUGH, OR THAT OTHERWISE EXISTS ON ANY WEB PRESENCE OF GANAX TO WHICH THESE TERMS APPLY. GANAX HAS NO LIABILITY TO YOU OR ANY OTHER PARTY FOR THE EXISTENCE OF OR THE TAKING DOWN OF ANY SUCH THIRD-PARTY CONTENT. THIRD-PARTY CONTENT DOES NOT REFLECT THE OPINIONS, BELIEFS, STATEMENTS, OR ACTIONS OF GANAX, AND GANAX SPECIFICALLY DISCLAIMS ALL LIABILITY ARISING THEREFROM.
Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of Mexico City. Any action or claims relating to the enforcement, interpretation, or otherwise relating to these Terms will be brought in the courts of Mexico City. You irrevocably and unconditionally waive any objection to the laying of venue of any action, suit, or proceeding arising out of these Terms or your use of the Site in the courts of Mexico City and further irrevocably and unconditionally waive and agree not to plead or claim that any such action, suit, or proceeding brought in any such court has been brought in an inconvenient forum.
