Legal Advice & Copyright

PROMOTORA PUNTA NIZUC, S.A. DE C.V.

LEGAL ADVICE AND COPYRIGHT

This document establishes the terms and conditions by the once yourself (herein and after “The User”) may use the web site (herein and after “The Site), property of PROMOTORA PUNTA NIZUC, S.A. DE C.V., (herein and after “HOTEL NIZUC RESORT & SPA). This terms and conditions establish an agree between HOTEL NIZUC RESORT & SPA, as a property of all right in the Site. Therefore, it’s recommended to read carefully this legal advises.

THE SIMPLE USE OF THE SITE REPRESENTS YOUR TOTAL AGREEMENT TO THE PRESENT TERMS AND CONDITIONS, IF YOU DO NOT AGREE ON THIS TERMS AND CONDITIONS, YOU SHALL NOT USE THE SITE, IN THAT CASE, PLEASE ABSTAIN FROM USING THE SITE. ALSO THE USER CLAIMS TO BE A FULL AGE PERSON WHIT CAPACITY IN FULL AWARENESS OF RESPONSIBILITY FOR USING THE SITE.

The User will be fully response for any damages and prejudice caused to HOTEL NIZUC RESORT & SPA as a consequence for the use of the Site by committing any breach of any of the provisions herein, in that case the User commit to indemnify and hold harmless to HOTEL NIZUC RESORT & SPA and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors in respect of any claims and damages, including, but not limited to, all reasonable costs, expenses and attorneys’ fees incurred thereby, incurred by the User for the use of the Site.

GENERAL TERMS AND USE OF THE SITE  

HOTEL NIZUC RESORT & SPA provide to the User the access and/or the use of several resources and contents on line through the Internet, included but not limited: On line texts, contacts information, maps, promotions, quiz, image and video galleries, among others, through the Site. HOTEL NIZUC RESORT & SPA reserves the right to modify, aggregate or delete, at any time whit out no further notice the content in the Site, as well any required conditions to access and use it, unless the establish in the Privacy Notice. The Site it’s only for personal use of the User and cannot be used in relation to commercial activities. Illegal and / or unauthorized uses of the Site will be investigated and the corresponding legal action will be initiated. HOTEL NIZUC & SPA will keep the User informed, so the User accepts and acknowledges that HOTEL NIZUC RESORT & SPA may send information, releases and / or advertising through any digital source it deems appropriate, in accordance of its Privacy Notice that you can visit at https://www.nizuc.com/en/privacy-notice/. When registering, the User accepts that all the information provided to HOTEL NIZUC RESORT & SPA is true, accurate, updated and complete. The Site cannot be used in any way that is not expressly permitted by these Terms.

RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY OF THE SITE AND OF THE SHARES AND CONTRIBUTIONS THAT THE USER MADE TO THE SERVICE.

The information contained on this website is the exclusive property of HOTEL NIZUC RESORT & SPA. This information is confidential and should not be copied, distributed, disclosed or revealed without the prior written authorization of HOTEL NIZUC RESORT & SPA.

It is forbidden the use and / or total or partial reproduction of the information contained in the site by any of the verbal, written or graphic means (mechanical or digital) known or to be known, in any form or for any purpose, without prior knowledge or express and written authorization of HOTEL NIZUC RESORT & SPA. Any use and / or total or partial reproduction of the information contained in this site without the authorization of HOTEL NIZUC RESORT & SPA, could constitute a transgression of the applicable Mexican laws applicable to the matter.

The information contained in this site contains various brands, which are exclusive property of HOTEL NIZUC RESORT & SPA, such as: LAS BRISAS NIZUC ®, NIZUC ®, PUNTA NIZCU ®, among others, which are in force and supplying all legal effects and are protected by the Industrial Property Law.

In case of non-compliance with any of the provisions described above, HOTEL NIZUC RESORT & SPA shall be entitled to exercise the actions, claims, complaints, reclaims and other judicial or administrative actions it deems appropriate, without prejudice to demand compensation for damages.  PROHIBITED BEHAVIORS The User acknowledges and accepts that HOTEL NIZUC RESORT & SPA can (but is not obliged to) review the content that is published and, if applicable, delete or refuse to put it online.

The User accepts that he is the only responsible for the content that publishes on the Site or transmits to other Users. By posting content in any area of the Site, the User assures and guarantees that they have the right to grant HOTEL NIZUC RESORT & SPA an irrevocable, perpetual, non-exclusive, worldwide, fully paid license to reproduce, distribute, publicly display, interpret, or otherwise use the Content, and make derivative works or incorporate the Content in other works, as well as grant and grant sub-licenses of all the above.

The User declares that he will not publish illegal or prohibited content and will not violate, embezzle, infringe or contravene any Third Party right (including, without limitation, any intellectual and personal property right) on the Site.

The User will refrain from carrying out any conduct in the use of the Site that violates the rights of third parties.

In particular and without limitation, the User will refrain from carrying out the following by using the Site:

• Do not introduce or disseminate content that is racist, xenophobic, pornographic, that advocates terrorism or that violates human rights.
• Do not introduce or spread data programs (viruses and harmful software) on the network that could cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
• Not to spread, broadcast or make available to third parties any type of information, element or content that violates fundamental rights and public freedom recognized constitutionally and in international deals.
• Not to spread, broadcast or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
• Not to broadcast unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramidal structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
• Do not introduce or spread any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
• Do not impersonate other users using their registration keys to the different services and / or contents of the Portals.
• Not to spread, broadcast or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Portals or to third parties.
• Not to spread, broadcast or make available to third parties any type of information, element or content that supposes a violation of the secrecy of the communications and the legislation of personal data.

 In case of a verify a breach by the User to these Terms and Conditions, HOTEL NIZUC RESORT & SPA may deny or withdraw access to the Site immediately.

CONSENT The User who is in full exercise of the capabilities conferred by the applicable Mexican legislation, expressly manifest his consent to be subject to the content and hold on of these Terms and Conditions of Use, so The User acknowledges and accepts that each time use the Site reiterate and confirm your consent with this instrument and / or with the latest published version of it.

PERSONAL INFORMATION In some cases, within the Site, you may request and explicitly ask the User when they require information that personally identifies them (hereinafter “personal information”) such as name, address, email, telephone number, etc. This information will be necessary so that users can access certain functions of the Site. HOTEL NIZUC RESORT & SPA is not responsible for the veracity of the information, because it is information provided by users who access this website. Likewise, HOTEL NIZUC RESORT & SPA reserves the right to exclude from the use of the Site any user who has provided false information, without prejudice to the other actions that proceed according to law.

PRIVACY POLICY HOTEL NIZUC RESORT & SPA considers that personal information is private and confidential, so it is stored in a safe and accessible place only for personnel specifically designated by HOTEL NIZUC RESORT & SPA and used only and exclusively for the purposes for which it was provided. For more information regarding our Privacy Notice, we ask you to review our Notice addressed to the holders of personal data held by PROMOTORA PUNTA NIZUC, S.A. DE C.V., which can be found at: https://www.nizuc.com/es/privacy-policy/.

APPLICABLE LAW AND JURISDICTION By using the Site, the User expressly accepts, in case of any dispute, the jurisdiction of the competent courts of the City of Mexico, as well as the applicable laws for the specific case in force in said place, expressly renouncing any another jurisdiction that due to its nationality or domicile may correspond.