Terms and Conditions
1. ACCEPTANCE OF THE TERMS.
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Welcome to OverDrive Inc Garage (hereinafter the "Site") of (hereinafter the "Company") will provide you services in accordance with the following Terms and Conditions (hereinafter "TYC"). All user guides, rules, and information are incorporated by reference into the TYC. The use of the Site attributes to you, the condition of user (hereinafter the "User") and implies the full and unreserved acceptance of each and every one of the provisions included in this "TYC" in the version provided by the Company at the same time that the User accesses the Site.
Consequently, the User must carefully read this TYC on each of the occasions in which he intends to use the Site, since it may be modified without prior notice.
The use of certain services offered to Users through the Site, on site (Workshop), (Company) is subject to their own particular conditions that, depending on the case, replace, complete and / or modify this "TYC". Therefore, prior to using said services, the User must also carefully read the corresponding Particular Conditions. Likewise, the use of the Site is also subject to all notices, use regulations and instructions, made known to the User by the Company, which replace, complete and / or modify this "TYC" document.
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2. DESCRIPTION OF THE SERVICE.
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Through the Site, the Company provides Users with access and use of various services, products and content (hereinafter, the "Services") made available by the Company or by third parties. Unless expressly stated otherwise, any new application that augments or improves the current Services, including the launch of new properties on the Site, will be subject to these "T&C". The User agrees and accepts that the Company will not be responsible for the delay, deletion, wrong delivery or failure to save any communication from the user, or its customization criteria by virtue of the fact that the Service provided by the Company is as available.
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In general, the provision of the Site service by the company is free for Users and does not require prior subscription or registration by the User. However, the use of certain Services can only be done by subscription or registration of the User and / or payment of a price, in the way that is expressly indicated in their corresponding Particular Conditions.
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3. PRIVACY POLICY.
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Registration Data and other information are subject to our privacy policy, which is fully described in: Privacy Policy (Privacy Notice)
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4. USER ACCOUNT, PASSWORD AND SECURITY.
If required, the User will be assigned a password and an account after completing the Service registration process, for which the User will be responsible for maintaining confidentiality and in turn will be fully responsible for all activities that occur under their password. or account. By virtue of the foregoing, the user agrees to: (a) immediately notify the Company of any unauthorized use of the password or account or any other security breach, and (b) ensure that the account is closed at the end of each session. The Company will not be responsible for any loss or damage that results as a consequence of your breach of the provisions of this Section.
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5. USER CONDUCT.
The user knows and accepts that all the information, data, texts, software, music, sound, photographs, graphics, video, messages or other materials ("hereinafter the Content"), whether publicly announced or privately transmitted, are the sole responsibility of the person who originated such Content. This means that the user, and not the Company, is fully responsible for all Content that you upload, post, email or otherwise transmit via the Service.
The User must refrain from obtaining and even attempting to obtain information, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material accessible through the Site or the Services using means or procedures other than those that, depending on the case, have been made available for this purpose or have been indicated for this purpose on the web pages where the Contents are found or, in general, those that are used usually on the Internet for this purpose as long as they do not entail a risk of damage or disablement of the Site, the Services and / or the Contents.
The User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (a) using the Contents in a manner, for purposes or effects contrary to the law, morals and good customs. generally accepted or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (c) delete, evade or manipulate the "copyright" and other identifying data of the rights of the Company or its owners incorporated into the Contents.
6. LIMITATION OF WARRANTIES and LIABILITY.
THE COMPANY EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE WHICH MAY BE DUE TO THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEIPT, OBTAINING OR ACCESS TO THE CONTENTS, AND IN PARTICULAR DAMAGES, NOT IN PARTICULAR AND DAMAGES THAT MAY BE DUE TO:
NON-COMPLIANCE WITH THE LAW, MORALITY AND GOOD CUSTOMS GENERALLY ACCEPTED OR PUBLIC ORDER AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENTS.
THE INFRINGEMENT OF THE RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY, OF THE BUSINESS SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF THE RIGHTS TO HONOR, TO PERSONAL AND FAMILY PRIVACY AND TO THE IMAGE OF PEOPLE AND PROPERTY RIGHTS OF ALL OTHER NATURE BELONGING TO A THIRD PARTY AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEIVING, OBTAINING OR ACCESSING THE CONTENTS;
THE PERFORMANCE OF ACTS OF UNFAIR COMPETITION AND ILLICIT ADVERTISING AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEIVING, OBTAINING OR ACCESSING THE CONTENTS;
THE LACK OF TRUTH, ACCURACY, COMPLETENESS, RELEVANCE AND / OR TIMELINESS OF THE CONTENTS;
THE INADEQUACY FOR ANY KIND OF PURPOSE OF AND THE DEFRAUDING OF THE EXPECTATIONS GENERATED BY THE CONTENTS;
THE BREACH, DELAY IN COMPLIANCE, DEFECTIVE COMPLIANCE OR TERMINATION FOR ANY CAUSE OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND CONTRACTS MADE WITH THIRD PARTIES THROUGH OR AS A RESULT OF ACCESS TO THE CONTENTS;
THE VICES AND DEFECTS OF ALL KINDS OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE OR OTHERWISE TRANSMITTED OR MADE AVAILABLE, RECEIVED, OBTAINED OR ACCESSED THROUGH THE SERVICES OR THROUGH THE SITE.
OVERDRIVE INC GARAGE SHALL NOT BE LIABLE TO YOU OR TO THIRD PARTIES FOR THE NON-PROVISION AND / OR COMPLIANCE OF A SERVICE AND / OR OTHERWISE AGREED BY AN OVERDRIVE INC GARAGE PERSON. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL OVERDRIVE INC GARAGE, ITS DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OR IN ANY WAY RELATED TO THE USE OR INABILITY OF THE USE OF, WEB, INCLUDING WITHOUT LIMITATION THE DAMAGES CAUSED BY THE CONFIDENCE DEPOSITED WITH THE USER IN ANY INFORMATION OBTAINED FROM OVERDRIVE INC GARAGE, OR AS A RESULT OF ERRORS, OMISSIONS, INTERRUPTIONS, DELETING OF FILES OR EMAIL, ERRORS, DEFECTS IN OPERATION OR TRANSMISSION OR ANY FAILURE TO OPERATE, WHETHER CAUSED BY NATURAL DISASTERS, FAILURE OF COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY / COMPANY RECORDS. IN NO EVENT WILL OVERDRIVE INC GARAGE LIABILITY, ARISING FROM A CONTRACT, WARRANTY, OBJECTIVE LIABILITY OR OTHERWISE, ARISING IN RELATION TO THE USE OR INABILITY TO USE THE SERVICES MAY EXCEED THE COMPENSATION PAID IN YOUR CASE TO OVERDRIVE INC GARAGE FOR ACCESSING OR USING THE SERVICES.
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED AND AS "AVAILABLE" and "AS IS", THEREFORE THE COMPANY MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS PARTICULAR, AND NO VIOLATION OF USERS.
THE COMPANY DOES NOT GUARANTEE THAT:
THE SERVICE WILL BE ADJUSTED TO YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE TRUE OR RELIABLE,
THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL BE ADJUSTED TO YOUR EXPECTATIONS AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED ("DOWNLOADED"), ("DOWNLOADED") OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ABSOLUTELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS. DATA RESULTING FROM THE DOWNLOAD OF ANY OF THESE MATERIALS.
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NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, PRINTED AND / OR DIGITAL OBTAINED FROM THE COMPANY BY THE USER, OR THROUGH THE SERVICE SHALL CONSTITUTE ANY WARRANTY, UNLESS EXPRESSLY STATED IN THE TYC.
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THE LIMIT OF LIABILITY THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT DIRECT DAMAGE, AS A RESULT OF:
THE USE OR INABILITY TO USE THE SERVICE;
THE COST OF OBTAINING REPLACEMENT GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED, OR MESSAGE RECEIVED, OR TRANSACTIONS CARRIED OUT THROUGH THE SERVICE, OR FROM THE SERVICE
UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS, OR ALTERATION OF THEM, OR YOUR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
ANY OTHER MATTER RELATED TO THE SERVICE.
7. COPYRIGHT AND TRADEMARKS.
The Site and the Contents generated by the company or by third parties that have provided them legally or through a business relationship, are protected by applicable legislation and international copyright treaties. The overall design, layout and graphic arrangement of the Site, and the Services, are the exclusive property of the Company.
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The Company does not grant any license or authorization of use of any kind on its industrial and intellectual property rights or on any other property or right related to the Site, the Services or the Contents.
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08. WITHDRAWAL AND SUSPENSION OF SERVICES.
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The Company may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who fail to comply with the provisions of the present T&C.
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09. DURATION AND TERMINATION.
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The provision of the service of the Site and of the other Services has, in principle, an indefinite duration. The Company, however, is authorized to terminate or suspend the provision of the Site service and / or any of the Services at any time, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. When reasonably possible, The Company will give prior notice of the termination or suspension of the provision of the Site service and of the other Services.
10. APPLICABLE LAW AND JURISDICTION.
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These terms and conditions are governed by the laws of Mexico, regardless of the provisions related to conflicts of laws. Any legal procedure that derives from or is related to this Contract will be settled in the competent courts of the City of Monterrey, Nuevo León. The parties to this Agreement expressly waive any other jurisdiction that may correspond to them by reason of their present or future domicile or for any other reason.
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