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IN PUNTA CANA

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General Terms of Use

1.OBJECT

Please read these terms and conditions carefully before using our Web Site. By accessing or using our Website, you agree to be legally bound by these terms and conditions, and that these may be modified and posted on our Website from time to time and without notice. If you have any questions or concerns about how to use this Web Site, please send us an email with a brief description of your question or problem at contact@citymagdr.com.

The following Terms and Conditions (hereinafter referred to as the “General Conditions”) govern the access and use of the CITY MAG DR website and its specific services, as well as the responsibilities arising from the utilization of its contents.

This Website, any content hosted on it as a result of use of this Website are governed by and construed in accordance with the law of the jurisdiction specified in the clause below and the parties with respect to any such contract agree to submit to the exclusive jurisdiction of the courts as specified.

Access to CITY MAG DR by Users is offered free of charge and without restrictions. However, certain services and content provided by CITY MAG DR, or by third parties through CITY MAG DR, may be subject to prior contracting, involving the payment of a specific amount. In such cases, detailed information about the terms and conditions of the contract will be clearly announced.

When it is necessary for the User to register or provide personal data to access any of the services, the collection and processing of personal data will be governed by the provisions of the Privacy Policy found on CITY MAG DR.

2.DEFINITIONS

Conditions’ means these terms and conditions. Web Site’ means the Web Site located at www.citymagdr.com or any subsequent URL that may replace or be next to it.

3.WEB SITE

We try to ensure that the information available on this website is up to date at all times. However, we assume no liability for errors or omissions. We make every reasonable effort to correct errors and omissions as soon as possible after they are noted or notified. We may also change, suspend or discontinue any aspect of the Web Site, including the availability of features, information, database or content or restrict access to parts or the entire Web Site without notice and without assuming any liability. We reserve the right to: modify or remove, early or permanently, this Website (or any part thereof) with or without notice to you and you confirm that this does not represent any liability to you or any third party on account of any modification or removal of the Website; and/or change the Terms and Conditions frequently, and your continued use of this Website (or any part thereof) and it is assumed that such changes are accepted by you. It is your responsibility to check regularly to determine whether the Terms and Conditions have changed.

You may not use the Website for any of the following purposes: to disseminate any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; to transmit material that encourages conduct that would constitute a criminal offense, childhood harm, give rise to civil liability or otherwise; Violate any relevant laws, regulations or codes of practice; gain unauthorized access to other computers or systems; interfere with another person’s use or enjoyment of the Website; violate laws relating to the use of public telecommunications networks; interfere with or disrupt networks or websites connected to this Website; and Make, transmit or store electronic copies of copyrighted materials or content without the consent or permission of the respective owner. We reserve the right to refuse to post or to remove any material posted on the Website.

4.LIABILITY AND INDEMNIFICATION

Notwithstanding any other provision in the Terms and Conditions, nothing in these Terms and Conditions shall affect or limit your statutory right. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties, whether express or implied, in connection with the Website, or any transaction which may be entered into on or through the Website including, without limitation, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranties arising out of a course of dealing or usage or custom of trade.

You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must assume the risk associated with your use of the Internet. We will make all reasonable efforts to verify the accuracy of any information on the website, but we make no representations or warranties of any kind whether legal or implied, express or implied, regarding the content or availability of the website or that it is timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs.

We will not be liable to you for any loss of content or material uploaded or transmitted through the website and we do not accept any liability of any kind for any loss or damage to actions taken in reliance on the material or information contained on the website. We will use all reasonable endeavors to carry out our obligations within a reasonable period of time but we will not be liable to you, the user and/or purchaser, for any loss, cost or expense arising directly or indirectly from any delay in doing so and we will not be responsible. You will be deemed to be in breach of these Conditions by reason of any delay in performance, or any failure to perform any of your obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise for: any economic loss (including, without limitation, loss of income, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect loss suffered or incurred arising out of or in connection with the provision of any matter under the Terms. You agree to indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liability arising out of your use of this Website or by any other person accessing the Website using your personal information with your authority.

5.REGISTRATION

You warrant that: The personal information you are required to provide when you register is true, accurate, current and complete in all respects; You do not impersonate another person or entity; and You will promptly notify us of any changes to your personal information by email or telephone to our customer service representatives.

6.PRIVACY POLICY

You can find full details of our Privacy Policy on the website.

7.THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no right to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists.

8Generated Contents by CITY MAG DR

CITY MAG DR owns contents that are the exclusive property of CITY MAG DR. These contents are protected by applicable legislation, and CITY MAG DR holds all rights to the content, retaining such rights. Through these General Terms of Use, CITY MAG DR grants the USER a limited, revocable, and non-transferable license to reproduce and display the content of CITY MAG DR (excluding the source code) solely for personal purposes related to viewing CITY MAG DR and using the Services, provided that these are accessible on CITY MAG DR. Any third-party trademarks or service marks present in the contents of CITY MAG DR are the property of their respective owners.

USERS are not allowed to copy, modify, translate, publish, broadcast, transmit, distribute, display, or sell content that does not belong to them or for which they do not hold intellectual property, image, or other rights, either through the author’s license or sub-license from CITY MAG DR, without the prior written authorization of CITY MAG DR or its licensors. All rights not expressly granted concerning the content are reserved by CITY MAG DR.

9.EXTERNAL LINKS

To provide greater value to our users, we may provide links to other websites or resources like  social media Channels of other Users  (Instagram, Facebook, LinkedIn pages..) for you to access in your sole discretion. You acknowledge and agree that because you have chosen to access the linked ressources, we are not responsible for the availability of such external sites or content resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for: The privacy practices of such websites/resources; the content of such websites/ressources, including (without limitation) any advertising, content, products, goods or other materials or services on such websites or resources available or provided; or The use by others of such websites or resources, or for any damage, loss or offence caused or alleged to be caused by or in connection with the use of or reliance on any such advertising, content, products, goods or other materials or services available on such websites or resources.

To CITY MAG DR

If any user, entity, or website wishes to establish any type of link to CITY MAG DR, they must comply with the following conditions and requirements:

The link must point to the specific URL of CITY MAG DR. Under no circumstances should the entity creating the link reproduce, in any way, the content of CITY MAG DR.

On the page establishing the link, there should be no claim that CITY MAG DR has authorized such a link unless CITY MAG DR has expressly and in writing provided authorization. If the entity creating the link wishes to include in its webpage the brand, name, trade name, label, logo, slogan, or any other identifying element of CITY MAG DR, prior express and written authorization must be obtained.

CITY MAG DR does not authorize the establishment of a link to CITY MAG DR from those web pages that overtly promote hatred, disdain, or discrimination based on birth, race, sex, religion, nationality, opinion, harmuful child or any other personal or social circumstance, and, in general, those that contravene morals, public order, or generally accepted social norms.

Services Provided by Third Parties

CITY MAG DR does not guarantee the legality, reliability, and usefulness of the services offered by third parties through this platform, whether CITY MAG DR acts as an advertising medium or as an intermediary for services. CITY MAG DR will not be liable for damages of any kind caused by the services provided by third parties through our page.

10. INTELLECTUAL PROPERTY RIGHTS

CITY MAG DR is the owner of the intellectual property rights of CITY MAG DR. CITY MAG DR uses different databases, images, videos, video assembly platforms from Adobe, Motion Array, Pexels, Capcut, Canva, among others. Similarly, CITY MAG DR uses various free or licensed fonts.

Under no circumstances will the User’s access and navigation be construed as a waiver, transmission, granting of a license, or total or partial assignment of the legal rights held by CITY MAG DR. The removal, circumvention, or manipulation of the copyright notice and any other rights identification information associated with CITY MAG DR or its respective owners, integrated into the contents, is expressly prohibited. Altering technical protection devices, digital fingerprints, or other mechanisms of information and/or identification present in such contents is strictly forbidden. Additionally, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way the whole or part of the contents included in CITY MAG DR without the express written authorization of CITY MAG DR or, where applicable, the owner or owners of the corresponding rights.

11.USER ACCOUNTS

CITY MAG DR opens its pages to external users to publish content but under certain conditions. To access certain sections of the website, it may be necessary to create a user account. These creations are either managed by CITY MAG DR or directly by the user. You can proceed to create such an account using your email address or through a social media account. If you choose to log in or create a user account through a social media account, CITY MAG DR will request authorization from the designated application to access specific data necessary for the service’s operation. These data will be stored by us in your profile, and you have the option to select which personal information you want to display on the website.

If you choose to deactivate your user account, we will proceed to delete all your data except for the comments you have posts that are perpetuals and outside our scope of responsability.

CITY MAG DR grants the USER access to the Internet Contents owned by CITY MAG DR or its licensors. The USER assumes full responsibility for the use of the Website. This responsibility extends to the registration process necessary to access and/or publish certain Services or Contents. During this registration, the USER commits to providing truthful and lawful information. As a result of this process, the USER will obtain an identifier set consisting of a username and a password, for which they will be responsible.
CITY MAG DR reserves the right to remove any content that violates the respect for human dignity, is discriminatory, xenophobic, racist, pornographic, or that undermines the well-being of youth or childhood, public order, or public safety, or that, in the judgment of CITY MAG DR, is not suitable for publication. In any case, CITY MAG DR will not assume any responsibility for the opinions expressed by USERS. CITY MAG DR will in no way be responsible for third-party content published in this manner.

The responsibility for the use of the Contents published on CITY MAG DR, which are not owned by CITY MAG DR, rests solely with the USERS. They acknowledge that the use of the Services and Contents is their sole and exclusive responsibility. Given the nature of these services, the messages posted through the tools provided by CITY MAG DR solely express the opinions of their authors. CITY MAG DR does not guarantee the accuracy, completeness, or usefulness of any message and, therefore, will not assume any responsibility for the content of such messages or comments for the use that USERS make of the rest of the contents published on CITY MAG DR.

The content supplied by third parties will not, under any circumstances, be considered as content offered by CITY MAG DR. The exclusive responsibility lies with the users.

CITY MAG DR reserves the right to remove, without prior notice and for any reason, any information or content generated in participation spaces. CITY MAG DR expressly rejects all responsibility derived from the contents provided by users. However, it commits to taking appropriate measures to detect and address claims regarding possible illicit activities by users. CITY MAG DR expressly reserves the right to temporarily or permanently interrupt the participation service offered to any user whose contents are deemed illegal, prohibited, defamatory, or simply inappropriate, without prior notice.

In the event that the User submits any type of content to CITY MAG DR, they declare, warrant, and accept that they have the full right to do so freely. They ensure that such information does not violate any intellectual property rights, trademarks, servicemarks, patents, trade secrets, or any other rights of third parties. Furthermore, they state that the information is not confidential and does not harm third parties.

The User acknowledges their responsibility and releases CITY MAG DR from any damage that may arise from the communications they provide personally or on their behalf. This responsibility includes, without restrictions, the truthfulness, legality, originality, and ownership of such communications. In the event that the contents submitted by Users include images, videos, or web links, the User declares to be the author or holder of the rights to the images, ensuring that they have the right to send them and that they do not infringe any intellectual property, trademark, or other rights of third parties. They affirm that the images or videos were created with the consent of the individuals appearing in them, and in the case of minors, assert that consent has been granted in writing by their legal representatives.

The User grants CITY MAG DR, without exclusivity, the rights of reproduction, distribution, and public communication of the submitted contents as free with no compensation. This assignment is made worldwide, during the maximum period currently established by intellectual property law, with the express ability to make assignments to third parties.Top of Form

12.FORCE MAJEURE

We will have no liability for delays or failures in delivery or performance resulting from force, including but not limited to war, demands or requests by government authorities, strikes, shortages of labor, fuel, energy, raw materials, late or defective performance inability to send or other causes, beyond our reasonable control.

13. JURISDICTION The relationship between CITY MAG DR and the User shall be governed by the competent jurisdiction in the DOMINICAN REPUBLIC.