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Terms of Service

Last Updated: February, 2021.

Please read these terms of use carefully. By accessing or using any UPFRONTPICS website or mobile application (or any content, digital product, service, or feature available through the website or mobile application, including the embedded viewer) (collectively, the “site”), you agree to abide by and be bound by the terms described herein and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific digital product, service or feature (collectively, the “site terms”). If you do not agree to all of these terms, do not use the site.
These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with UPFRONTPICS, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify UPFRONTPICS for violations of these Site Terms.
Privacy Policy

UPFRONTPICS is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Services and/or virtual goods (PHOTOS, IMAGES)
Our services are available exclusively online through the website. These services may have limited quantities and are subject to cancellation and refund only in accordance with our Cancellation and Refund Policy.

We have made every effort to display as accurately as possible the colors and images of services or virtual goods that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our virtual products and/or services to any person, geographic region or jurisdiction. We may exercise this right in each case. We reserve the right to limit the quantities of any virtual products or services that we offer. All descriptions of virtual products or prices of virtual products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any digital product and/or service at any time. Any offer for any virtual product and/or service made on this site is void where prohibited.

We do not warrant that the quality of any virtual product, service, information or other digital material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Use of the Site

The Site and the UPFRONTPICS’ Content are intended for customers of UPFRONTPICS. You may not use the Site or the UPFRONTPICS’ Content for any purpose not related to your business with UPFRONTPICS. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the UPFRONTPICS’ Content without, or in violation of, a written license or agreement with UPFRONTPICS; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the UPFRONTPICS’ Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any UPFRONTPICS digital product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the UPFRONTPICS’ Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the UPFRONTPICS’ Content without specific written authorization from UPFRONTPICS; and (h) using the Site or the UPFRONTPICS’ Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Mexico or the country in which you reside.

Ownership of the Site and its Contents

The Site is owned by UPFRONTPICS. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“UPFRONTPICS’ Content”), is owned by UPFRONTPICS, its licensors, or its third-party image partners. All elements of the Site, including the UPFRONTPICS’ Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Your intellectual property
As between UPFRONTPICS and you, you must own all intellectual property related to your User Content and any other materials created by you, including that of any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artwork, code, interfaces, text, and literary works. UPFRONTPICS does not claim ownership of its content. For the sole purpose of providing the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content to our platform, including the cloud services and CDNs, to make display settings, to duplicate them for backup purposes and to perform any other technical action and/or uses required to provide your services, as we deem necessary.

Intellectual property of UPFRONTPICS

All right, title and interest in and to the UPFRONTPICS including any and all copyrightable materials or any other content therein that is or may be subject to intellectual property rights under any applicable law (including art, graphics, images, website templates and widgets, literary works, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof the “look and feel” of UPFRONTPICS methods, products, algorithms, data, features and interactive objects, advertising and procurement tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered or capable of registration (collectively, “Intellectual Property”), and any derivations thereof, are owned by or licensed to UPFRONTPICS.
Subject to your full compliance with UPFRONTPICS’ Terms of Service and timely payment of all applicable fees, UPFRONTPICS hereby grants you, upon creation of your User Account and for as long as you desire UPFRONTPICS to offer the Services, a non-exclusive, non-transferable, non-sub licensable license, limited and fully revocable to use the UPFRONTPICS’ Services and Licensed Content for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) on it, only as expressly permitted under the UPFRONTPICS’ Terms, and only within the UPFRONTPICS‘ Services.
UPFRONTPICS’ Terms do not convey any right or interest in or to the UPFRONTPICS’ intellectual Property (or any part thereof), except for the limited license expressed above. Nothing on UPFRONTPICS’ terms constitutes an assignment or waiver of UPFRONTPICS’s Intellectual Property rights under any law.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, UPFRONTPICS has adopted a policy of terminating, in appropriate circumstances and at UPFRONTPICS sole discretion, account holders who infringe the intellectual property rights of UPFRONTPICS or any third party.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

UPFRONTPICS
Av. Homero, Despacho. 804, Col. Polanco V Secc., C.P. 11560, Miguel Hidalgo, CDMX.
Phone: +1-800-527-0584 /  +52-1-55-2120-8017
info@upfrontpics.com

Trademarks

UPFRONTPICS’ Trademarks, the UPFRONTPICS’ logo, and any other digital product or service name or slogan contained in the Site are trademarks of UPFRONTPICS and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of UPFRONTPICS or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “UPFRONTPICS” or any other name, trademark or digital product or service name of UPFRONTPICS without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of UPFRONTPICS and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, digital products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use a UPFRONTPICS logo or other proprietary graphic of UPFRONTPICS to link to the Site without the express written permission of UPFRONTPICS. Further, you may not frame any UPFRONTPICS trademark, logo or other proprietary information, including the UPFRONTPICS’ Content, without UPFRONTPICS’ express written consent.
UPFRONTPICS makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of UPFRONTPICS and UPFRONTPICS is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. UPFRONTPICS provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by UPFRONTPICS of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods, digital goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that UPFRONTPICS shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Embedded Viewer

Where enabled, you may embed UPFRONTPICS’ Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all UPFRONTPICS’ Content will be available for embedded use, and availability may change without notice. UPFRONTPICS reserves the right in its sole discretion to remove UPFRONTPICS’ Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or UPFRONTPICS’ Content. You may only use embedded UPFRONTPICS for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded UPFRONTPICS’ Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
UPFRONTPICS (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded UPFRONTPICS’ Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to UPFRONTPICS, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify UPFRONTPICS immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to UPFRONTPICS.

Payment method

All payments must be paid in US dollars. You can pay with any credit and/or debit card, Visa or Master Card. This will notify us by e-mail when you have made your payment. From the notification, in a period of no more than 48 hours your payment will be validated to start processing your order.

Indemnification

You agree to defend, indemnify and hold harmless UPFRONTPICS, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the UPFRONTPICS Content, or your violation of any rights of another.

Disclaimer

THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE UPFRONTPICS’ CONTENT, ARE PROVIDED “AS IS” AND UPFRONTPICS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. UPFRONTPICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE UPFRONTPICS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT UPFRONTPICS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE UPFRONTPICS’ CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE UPFRONTPICS’ CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. UPFRONTPICS uses reasonable efforts to ensure the accuracy, correctness and reliability of the UPFRONTPICS’ Content, but we make no representations or warranties as to the UPFRONTPICS’ Content’s accuracy, correctness or reliability.
UPFRONTPICS offers a search feature within the Site. UPFRONTPICS explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. UPFRONTPICS also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Limitation of Liability

IN NO EVENT SHALL UPFRONTPICS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE UPFRONTPICS CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM UPFRONTPICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UPFRONTPICS RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UPFRONTPICS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO UPFRONTPICS FOR ACCESS TO OR USE OF THE SITE.

Applicable Law

These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Mexico.

Termination

Notwithstanding any of these Site Terms, UPFRONTPICS reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by UPFRONTPICS. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms

UPFRONTPICS reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

en_USEN
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia there live the blind texts.