TERMS OF SERVICE

TERMS AND CONDITIONS

Users are informed of the following Terms and Conditions of Use, which are applicable to them for the simple use of the Web platform and the functions, applications and services, so we understand that you accept them, and agree to be bound by them.

In the event that you do not agree to the Terms and Conditions of Use you must refrain from accessing or using the Web Platform.

Molusc™, reserves the right to modify the content of the Portal at its discretion at any time, without prior notice.

The user, understood as the person who uses or accesses by means of computer and/or communication equipment (hereinafter the “User”), agrees not to use devices, software or any other means tending to interfere in the activities and/or operations of the Web Platform or in the databases and/or information contained therein.

USE AND RESTRICTIONS

By accessing or using the Web Platform, the User fully and unreservedly accepts these Terms and Conditions. Through the Web Platform, Molusc™, makes available to the User technical linking devices (such as links, banners, buttons, among others) and search tools. Molusc™, shall have the right to deny, restrict or condition the User’s access to the Platform, in whole or in part, at its sole discretion, as well as to modify the Services and Content of the Platform at any time and without prior notice.

By accepting these terms of use and conditions, the User acknowledges that, he/she is at least 18 years of age, or the legal age required in his/her country to be considered as of legal ageand therefore has the legal capacity to be bound by the terms of use and conditions that concern us, so that Molusc™ is not responsible for the use of the Web platform by minors, dissociating itself from this moment from any dispute that may arise in this regard.

The use of the Services and Content of the Web Platform is the sole responsibility of the User, who in any case must use them according to the functionality allowed in the Web Platform itself and the uses authorized in these Terms and Conditions of Use, so the User agrees to use them in a way that does not violate the rules of use and coexistence on the Internet, the laws of the United Mexican States and the laws in force in the country in which the User is to use them, good customs, dignity of the person and the rights of others. The Web Platform is for the individual use of the User and therefore the User may not commercialise the Services and Content in any way.

the registered trademark “Molusc™”, and its creator Carlos Jiménez Velado, are excluded from any liability that may be attributed to them for the dissatisfaction that the User may experience in the event that the services offered through the digital platforms fail to meet the User’s expectations, since the content offered is not created or offered in a particular way, but in a general way and its use is strictly limited to the nature of the service.

The User does not have the right to place hyperlinks within the Platform, to use the links contained in the Web Platform for a purpose other than that set forth in these Terms of Use, nor the right to place or use the Services and Content on its own or third party sites or pages without prior written authorization from Molusc™. Likewise, the User shall not have the right to limit or prevent any other User from using the Portal.

LINKED THIRD PARTY GOODS AND SERVICES

The fact that information is offered on the Web Platform or other links or links does not imply a recommendation, warranty, sponsorship or endorsement by Molusc™ of such information, goods and/or services. The availability of goods and/or services offered by third parties or by linked or connected sites owned by third parties is not the responsibility of Molusc™. In view of the foregoing, Molusc™ shall not be liable to any authority of any nature whatsoever for any matter relating to the use, sale, consumption, distribution, delivery, availability or performance with respect to any of the goods and/or services offered by third parties or by linked sites through the Web Platform.

With respect to the Services and Content provided by third parties through links to the Web Platform (such as links, banners and buttons), Molusc™, is limited exclusively, for the convenience of the User, to making them available to the User, without being liable for any damage or harm suffered by the User as a result of the same.

INTELLECTUAL PROPERTY

The intellectual property rights regarding the Services and Contents and the distinctive signs of the Web Platform, as well as the rights of use and exploitation thereof, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of Molusc™, as well as of the registered trademark “Molusc™” and its creator Carlos Jiménez Velado.

The User does not acquire any intellectual property rights by simply using or accessing the Services and Content of the Web Platform and at no time shall such use be considered as an authorisation or licence to use the Services and Content for purposes other than those contemplated in these Terms and Conditions of Use.

APPLICABLE LAWS AND JURISDICTION

For the interpretation, compliance and execution of these Terms and Conditions of Use, the User agrees that the Federal laws of the United Mexican States shall be applicable and that the courts of the city of Guadalajara, Jalisco shall have jurisdiction, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles or for any other reason. 

PRIVACY NOTICE FOR THE PROTECTION OF PERSONAL DATA.

Molusc™, domiciled in Guadalajara, Jalisco, Mexico.

In terms of the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals, your provision of your Personal Data to Molusc™ constitutes your acceptance of these Terms and Conditions:

The purpose of this Notice is to protect your personal data, through its legitimate, controlled and informed processing, in order to guarantee your privacy, as well as your right to informational self-determination. In accordance with article 3, section V, of the Federal Law for the Protection of Personal Data in Possession of Individuals, Personal Data is understood to be: Any information concerning an identified or identifiable natural person.

Molusc™, in accordance with the provisions of Section I of Article 16 of the Law, will be responsible for the personal information of Users (Personal Data). Molusc™, will use the data for the sole purpose of storing information that will help us to provide a better service in terms of content and design of our platform. To carry out the purposes described in this privacy notice, we will use the following information: name, telephone, email or address.

If you require any of the changes mentioned in the previous article, you must send an email to contacto@molusc.com. In compliance with article 29 of the Federal Law for the Protection of Personal Data in Possession of Individuals, said request must contain the following information: a) Your name and address or other means of communicating the response to your request; b) Documents proving your identity or, where appropriate, the legal representation of the person making the request on your behalf; c) A clear and precise description of the personal data in respect of which you seek to exercise any of the rights mentioned in the preceding paragraph, and d) Any other element or document that facilitates the location of your personal data. In the event of requesting the rectification of personal data, you must additionally indicate the modifications to be made and provide the documentation supporting your request. The response to your request will be communicated to you within twenty working days, counted from the date on which it was received in accordance with the provisions of Article 32 of the Federal Law on Protection of Personal Data Held by Private Parties, which may be extended to twenty more days in the cases established by the aforementioned Law; in order that, if appropriate, the measures adopted to comply with your request are carried out, which will be carried out within fifteen working days following the date on which the response is communicated.

We suggest you to know and analyse the content of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (Federal Law for the Protection of Personal Data in Possession of Individuals) as there may be regulatory changes to which we are subject.

Molusc™, uses various technologies to improve the efficiency of its websites, including your experience when you browse those sites. Other technologies include the use of cookies. Cookies are physical files of personal information stored in the user’s own terminal so that the server can remember certain information that it can then use. This information makes it possible to identify you and save your personal preferences in order to provide you with a better browsing experience. The user has the possibility of configuring their browser in such a way as to prevent the creation of cookie files or to warn of their creation.

In compliance with the provisions of article 16, section VI, any changes to this privacy notice will be published on the Platform, so it should be read constantly to keep informed of such changes.

If you choose to leave our Web Platform through links, banners or buttons to websites that do not belong to our company, Molusc™ will not be responsible for the privacy policies of these websites or for the cookies that they may store on the user’s computer.