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Terms of use

 

  1. ACCEPTANCE

NixxCommerce, a company incorporated under Colombian law that operates the platform, offers a series of online resources that includes classified ads, forums and different communication services (hereinafter, “the Services”), all of them subject to these Terms of Use ( “Conditions” or “Terms”). The use of this website or the mobile application (app.) (hereinafter both, the “site”), in any way, means that the User agrees to accept and be bound by these Conditions. In addition to this, when using the NixxCommerce services, the User agrees to follow the published guidelines applicable to all NixxCommerce services. NixxCommerce reserves the right to modify these guidelines from time to time. In the event that the User does not agree with any of the Conditions, some guideline or one of its modifications; or is dissatisfied with NixxCommerce for any reason, User may immediately stop using NixxCommerce. NixxCommerce reserves the right to update these Terms at any time. The User understands and agrees that he is solely responsible for reviewing the Conditions periodically. NixxCommerce may notify you of material changes to the Terms by posting such notice of change on the NixxCommerce site. The User understands and agrees that he is solely responsible for reviewing the Conditions periodically. NixxCommerce may notify you of material changes to the Terms by posting such notice of change on the NixxCommerce site. The User understands and agrees that he is solely responsible for reviewing the Conditions periodically. NixxCommerce may notify you of material changes to the Terms by posting such notice of change on the NixxCommerce site.

By accepting these Conditions, the User understands and accepts that they may receive communications from NixxCommerce or from those NixxCommerce designates, including, but not limited to notices, queries, surveys and/or notifications required or not by the current legal system. If you choose to opt out of our list of recipients of direct marketing communications, you may exercise such choice by notifying NixxCommerce.

  1. CONTENT POLICY

You understand that NixxCommerce does not control, and is not responsible for, all articles, messages, comments, files, images, photographs, videos, sounds and all other material (“Content”) posted or otherwise transmitted through the Service or obtained from it, and that by using the site you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. In addition, the NixxCommerce site and the Content made available through the site may contain links to other sites, sites that are not related to or controlled by NixxCommerce. NixxCommerce makes no representations or warranties as to the accuracy or authenticity of the information contained on such sites. The connection that the User makes with other websites is entirely under the responsibility of said User. The User agrees to evaluate and assume the risks related to the use of the Content. User agrees that User may not rely on such Content and that under no circumstances shall NixxCommerce be liable for Content or any loss or damage User may suffer as a result of the use of Content posted, emailed or that otherwise the User would have been able to access through the Service. User acknowledges that NixxCommerce does not pre-screen or approve any Content, however, that NixxCommerce retains the right (but not the obligation) in its sole discretion to reject,

1. You will be solely responsible for all content posted, transmitted, or linked from the Service and the consequences of posting or having posted it. More specifically, you are solely responsible for all content that you upload, email or otherwise make available through the service. With respect to Content posted, transmitted, or linked from the Service by you, you affirm, represent and/or warrant that: (i) you own or have the necessary patents, rights, permissions, to use and authorize NixxCommerce to use any patent, trademark, trade secret, copyright or other proprietary rights in and to any Content permitting the inclusion and use of the Content in the manner contemplated by the site and these Terms; and (ii) you have the written consent and/or permission of each individually identified person in the Content to use the name or likeness of each such identified individual; to enable your inclusion and use of the Content in the manner contemplated by the site and these Terms. To clarify, you retain all proprietary rights in your Content. However, by submitting Content to NixxCommerce, you grant NixxCommerce a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display and display, in all cases for any purpose, format, and device known or to be known, the Content in connection with the NixxCommerce site and the NixxCommerce business (and its successors), including the promotion and distribution of part or all of the NixxCommerce site (and derivative works) in any media format and through any media channel. You also grant each user of the NixxCommerce site a non-exclusive license to access your Content through our site. The license you grant expires once you remove or delete the Content from the site.

2. NixxCommerce does not share or endorse any Content or opinion, recommendation, or advice given on the Site, and NixxCommerce expressly disclaims any and all liability in connection with Content posted by users of the Site. NixxCommerce does not allow any copyright and/or intellectual property rights infringement activity on the Site, and NixxCommerce if properly notified will remove all Content that infringes the copyright and/or property rights of a third party. . NixxCommerce reserves the right to remove Content without prior notice. NixxCommerce will block access to the site to the user who is reliably determined to be a repeat offender. A repeat infringer is a user who has been notified of violating one and/or more of the Terms more than 2 times and/or who has had ads removed from the site on more than 2 occasions as long as NixxCommerce can reliably determine that they are. It’s about the same person. NixxCommerce reserves the right to decide whether the Content is appropriate and whether or not it complies with the Terms with respect to other violations not related to the violation of copyright and/or intellectual property, such as, but not limited to, pornography, obscenity or defamatory material, or of excessive length. NixxCommerce reserves the right to remove such content and/or remove the user’s ability to upload such material in violation of the Terms at any time, without notice and at its sole discretion.

  1. CONDUCT

The User agrees not to post, email or otherwise make available content that:

  • is contrary to the law,
  • violates a patent, trademark, trade secret, copyright, or other proprietary right of any person, or Content that User does not have a right to make available to the public under any statutory, contractual, or fiduciary relationship.
  • is harmful, unlawful, threatening, abusive, harassing, defamatory, adult content, prostitution, pornographic, pedophilia, gambling-related, defamatory, invades the privacy of others, or harms minors in any way;
  • harasses, demeans, intimidates, or is hateful to an individual or group of individuals because of their religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates another person or entity, including an employee, representative or agent of NixxCommerce, or that falsely represents or in any way misrepresents the User’s relationship with a person or entity;
  • includes personal or identifying information of another person, without the express consent of the mentioned person;
  • is false, misleading, misleading, misleading, deceptive about the information or constitutes a form of “pull and then change what is offered”;
  • constitutes or contains “affiliate marketing”, a “link reference code”, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or unsolicited commercial advertising.
  • constitutes or contains any form of advertising or promotion if (1) it is posted in areas or categories of the NixxCommerce Sites that are not designed for that purpose; or (2) emailed to NixxCommerce users who have requested not to be contacted regarding other services, products, or business interests.
  • include links to merchant services or Web sites, except as specifically permitted by NixxCommerce;
  • advertises illicit services or the sale of items whose sale is prohibited or restricted by applicable law as the case may be;
  • contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interrupt the normal flow of dialogue with an excessive number of messages (mass attack) to the Service, which in any way negatively affects the ability of Users to use the Service;
  • uses confusing email addresses, or in any way uses NixxCommerce branding or false headers or otherwise manipulates identifiers in order to disguise the origin of Content transmitted through the Service.

In addition to this, the User agrees to:

  • not contacting people who have asked not to be contacted;
  • not to “stalk” or otherwise harass others;
  • not collect personal data about other users for commercial purposes or contrary to the law;
  • not to use automated means, including spiders, robots, crawlers, data attack tools, or the like to download information from the Service or the site, except Internet search engines (for example, Google) and non-commercial public archives ( for example, archive.org) that comply with our robots.txt file;
  • not post Content that is not local or otherwise unrelevant, post the same or similar Content repeatedly, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • not advertise the same item or service in more than one classification category or forum, in more than one metropolitan area; either
  • not attempt to gain unauthorized access to NixxCommerce computer systems or engage in any activity that disrupts, degrades, interferes with the performance, or impairs the functionality of the Service or the NixxCommerce website.
  • not carry out illegal activities according to the legislation that is applicable in the specific case.

NOTIFICATION OF CLAIMS BEFORE VIOLATIONS BY THIRD PARTIES OR USERS

If you are an intellectual property rights owner or a representative agent thereof and you believe that certain Content on our site violates such intellectual property rights, you may send a notification under the Digital Millennium Copyright Act (“DMCA”) to the submitter notice of copyright claims and other violations of NixxCommerce’s intellectual property rights with the following information (see 17 USC 512(c))(3) for details):

(i) A physical or digital signature of the person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed;

(ii) Identification of the work protected by intellectual property rights that has been allegedly infringed, or in the event that a notification covers multiple works listed on the same site, submit a representative list of such works;

(iii) Identification of the material that is allegedly infringing or is part of the activity that infringes said copyright and that must be removed or access to it that must be disabled and information reasonably sufficient to allow NIXXCOMMERCE to locate said material.

(iv) Information reasonably sufficient to permit NixxCommerce to contact you, such as an address, telephone number, and email address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not permitted by the copyright owner, its agent, or by law;

(vi) A statement that the information in the notification is true, and under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.

NixxCommerce has an Agent for claims of copyright and other violations of intellectual property rights, who can be contacted at the following email address:  [email protected]

PRIVACY POLICY AND DISCLOSURE OF INFORMATION

By using the Website, User acknowledges and agrees that NixxCommerce may in its sole discretion indefinitely retain or disclose User Content as well as User information such as email addresses, IP addresses, time data and time, and other information of the User, about his activities or access and use of the site, whenever he considers that it is necessary by law or believing in good faith that said conservation or disclosure is reasonably necessary for the following: comply with a legal process; require compliance with these Terms; respond to claims of infringement of third party rights under the Content; respond to claims that contact information (for example, phone number, address, street) of a third party was posted or broadcast without their consent or as a form of harassment; protect the rights, property, or personal safety of NIXXCOMMERCE, claims, warranties, its users, or the general public.

  1. INTELLECTUAL PROPERTY RIGHTS

The material on the NixxCommerce site, except material that has been posted by our users (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and similar things (“Materials”) and the trademarks, service marks and logos contained therein (“Trademarks”), are owned by or have been licensed to NixxCommerce, and are subject to intellectual property rights under Colombia, foreign laws and international conventions. The Materials contained in NixxCommerce are provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purpose, without the prior written permission of their respective owners. NixxCommerce reserves all rights not expressly given in and to the site and the Materials. You agree not to engage in the use, copying, or distribution of any of the Materials except as expressly permitted herein, including the use, copying, or distribution of User Posted Content about third parties obtained through the Site for any commercial purpose. . If you download or print a copy of the Materials for personal use, you must retain all trademark and other proprietary notices contained herein. You agree not to circumvent, disable, or interfere with any security features of the NixxCommerce site or features that prevent or restrict the use,

  1. USER POSTS

You understand that by using NixxCommerce, you will be exposed to Content from various sources, and that NixxCommerce is not responsible for the accuracy, usefulness, security, or intellectual property rights of or related to such Content. You further understand and agree that you may be exposed to Content that may be inaccurate, offensive, indecent, or objectionable, and that you agree to waive any legal or equitable rights or remedies that you may or may have against NixxCommerce with respect thereto. .

  1. INDEMNITY

By means of this, the User agrees that NixxCommerce, its officers, affiliates, successors, assigns, directors, agents, service providers, providers and employees are responsible for indemnification, to keep it harmless from claims or demands, with inclusion of reasonable attorneys’ fees and court costs incurred by third parties arising out of or in connection with Content you submit, post or otherwise make available to others through the Service, your use of the Service, your violation of the Terms, or breach of the representations and warranties set forth herein, or violation of the rights of others.

  1. ANTI SPAM POLICY

The user understands and agrees that the sending of unsolicited advertising to NixxCommerce email addresses or through NIXXCOMMERCE’s computer systems is expressly prohibited by the provisions of these Conditions. Any unauthorized use of NixxCommerce’s computer systems is a violation of these Terms and certain national laws. Such violations may subject the sender or sender’s representatives to civil and criminal penalties.

  1. NEGOTIATIONS WITH ORGANIZATIONS AND INDIVIDUALS

NixxCommerce is not responsible for Users’ relationships with other organizations and/or individuals that User encounters on the Site or through the Service. This includes, but is not limited to, the payment and delivery of goods and services, and any other terms, conditions, warranties or representations related to such dealings. These negotiations are only between the User and said organizations and/or individuals. User agrees that NixxCommerce shall not be liable for any losses or damages User may incur as a result of such dealings. In the event of a conflict between the participants of this site, between the Users and a third party, the User understands and agrees that NixxCommerce has no obligation to become involved in the matter.

  1. LIMITS AND CANCELLATION OF SERVICE

User acknowledges that NixxCommerce may place limits on the use of the Service, including, among other things, the maximum number of days that Content will be retained by the Service, the maximum number and size of advertisements, email messages , or any other Content that may be transmitted or stored through the Service, and the frequency with which the User may access the Service. User agrees that NixxCommerce is not responsible for the deletion or failure to store any Content maintained or transmitted through the Service. The User understands that NixxCommerce reserves the right, at any time, to modify or discontinue the Service (or any part thereof) with or without notice, and that NixxCommerce shall not be liable to User or any third party for any modification, suspension or discontinuation of the Service. User agrees that NixxCommerce, in its sole discretion, has the right (but not the obligation) to delete or deactivate User’s account, block User’s email or IP address, or otherwise terminate access. or the use of the Service (or part of it) by the User, immediately and without prior notice. In addition, NixxCommerce may remove or discard Content within the Service, for any reason, including, but not limited to, when NixxCommerce believes that the User acted contrary to the letter or spirit of the Terms. Added to it, User agrees that NixxCommerce shall not be liable to User or any third party for termination of User’s access to the Service. Furthermore, User agrees not to attempt to use the Service after termination by NixxCommerce. 

PROPERTY RIGHTS

The Service is protected to the fullest extent permitted by copyright laws and international treaties. The Content displayed on the Service or through the Service is protected by copyright law as a collective work and/or compilation, in accordance with copyright law and international conventions in this regard. You may not reproduce, modify, create derivative works of, or redistribute the Sites or the collective work. Copying or reproducing the Sites or portions thereof on another server or location for subsequent reproduction or redistribution is prohibited. The User also agrees not to reproduce, duplicate or copy the Content of the Service, including the notices, the structure and organization of the site and the computer code. Likewise, You agree to be bound by all copyright notices posted on the Service. The User may not decompile or disassemble or reverse engineer or otherwise attempt to discover the source codes that may be found on the Service. The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for commercial purposes any aspect of the Service. Although NixxCommerce does not claim ownership of the content published by its users, by posting Content in the public areas of the Service, the User automatically grants, represents and guarantees that he has the right to grant in favor of NixxCommerce an irrevocable, lifetime, non-exclusive, fully paid and worldwide scope to use, copy, execute, display and distribute such Content and to prepare derivative works from it or incorporate it into other works, and grant and license sub-licenses (through multiple tiers) of the foregoing. We need to have these rights to host and display User content.

  1. DISCLAIMER OF WARRANTIES

THE USER EXPRESSLY AGREES THAT THE USE OF THE NixxCommerce SITE AND THE SERVICES WILL TAKE PLACE EXCLUSIVELY AT THEIR RISK. THE NixxCommerce SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, NIXXCOMMERCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND ITS USE. NIXXCOMMERCE DOES NOT WARRANT OR REPRESENT THE ACCURACY, ACCURACY OR TIMELINESS OF THE CONTENT ON THE SITE, OR OF THE SITES OR THE SERVICE ACCESSED THROUGH LINKS ON THE NIXXCOMMERCE SITE AND ASSUMES NO RESPONSIBILITY FOR (I) ERRORS, INACCURACIES, OF THE CONTENT, ( II) PERSONAL INJURY OR PROPERTY DAMAGE, OR DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS AND/OR USE OF THE SITE (III) UNAUTHORIZED ACCESS AND/OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE (V) ANY BUGS, TROJAN VIRUSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY A THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE CONTENT OR FOR ANY LOST OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF CONTENT POSTED ON THE SITE, EMAIL SENT THROUGH THE SITE, TRANSMITTED OR MADE AVAILABLE THROUGH OUR SITE. NIXXCOMMERCE DOES NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH NIXXCOMMERCE OR SITES ACCESSED THROUGH LINKS ON THE NIXXCOMMERCE SITE, OR WHICH MAY BE ADVERTISED IN ANY POSTERS OR IMAGES WITHIN THE SITE, AND NIXXCOMMERCE SHALL NOT BE INVOLVED OR IN ANY WAY RESPONSIBLE TO MONITOR ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY THAT OFFERS PRODUCTS OR SERVICES. OR WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEANS OR IN ANY CIRCUMSTANCES, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION IF NECESSARY. AND NIXXCOMMERCE SHALL NOT BE INVOLVED IN OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THAT OFFERS PRODUCTS OR SERVICES. OR WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEANS OR IN ANY CIRCUMSTANCES, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION IF NECESSARY. AND NIXXCOMMERCE SHALL NOT BE INVOLVED IN OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THAT OFFERS PRODUCTS OR SERVICES. OR WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEANS OR IN ANY CIRCUMSTANCES, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION IF NECESSARY.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL NIXXCOMMERCE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (EVEN IF NIXXCOMMERCE HAS BEEN ADVISED OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF USER’S USE OF THE SITE OR THE NIXXCOMMERCE SERVICE. , WHETHER ARISING FROM USE OR MISUSE OF THE NIXXCOMMERCE SITE OR SERVICE, FROM YOUR INABILITY TO USE THE NIXXCOMMERCE SITE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE SITE OR THE NIXXCOMMERCE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED AS A RESULT OF ANY OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR POSTED IN CONNECTION WITH THE SITE OR THE NIXXCOMMERCE SERVICE OR LINKS ON THE NIXXCOMMERCE SITE, OR AS A RESULT OF INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NIXXCOMMERCE SITE OR SERVICE OR ONE OF THE LINKS ON THE NIXXCOMMERCE SITE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. You specifically acknowledge that NIXXCOMMERCE shall not be liable for content posted by users, nor for the offensive, defamatory or illegal conduct of any third party and that the risk of harm from the foregoing rests entirely with you.

  1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

These terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NIXXCOMMERCE without restriction.

  1. ABILITY TO ACCEPT THESE TERMS OF USE

You affirm that you are either over 18 years of age, or an emancipated minor or that you have legal permission from your parents and/or guardian and that you are fully authorized and competent to enter into these terms, conditions, obligations, affirmations, representations, and guarantees established in these Terms, and to respect and comply with these Terms. In any case, you affirm that you are 18 years of age or older, since the NIXXCOMMERCE site is not designed for children under 18 years of age. If you are under 18, then please do not use the NIXXCOMMERCE site – there are many other great sites for you. Talk to your parents about which sites are right for you.

  1. GENERAL INFORMATION

These Conditions and the other policies published in NIXXCOMMERCE constitute the total and complete understanding and everything agreed between the User and NIXXCOMMERCE. Likewise, they govern the use of the Service and prevail over all previous understanding, proposal, agreement, negotiation and discussion between the parties, whether in written or verbal form. The Conditions and the existing relationship between the User and NIXXCOMMERCE will be governed by the laws of the Republic of Colombia, regardless of the provisions on conflict resolution herein. The User and NIXXCOMMERCE agree to submit to the personal and exclusive jurisdiction and competence of the courts of Colombia. NIXXCOMMERCE’s failure to exercise or require compliance with a right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction decides that one of the provisions of the Conditions is invalid, the parties agree that the court shall endeavor to ensure that the intentions of the parties as reflected in the provision and in the other provisions of the Conditions maintain their validity. effect and validity. The User agrees that, regardless of legal prescriptions or laws to the contrary, claims or actions arising from or in relation to the Service or the Conditions must be initiated within one (1) year after the claim or the action originated, otherwise, the right will be considered prescribed.

  1. VIOLATION OF THE CONDITIONS AND PENALTY CLAUSE

Please report violations of the Terms by flagging the ad(s) for review using the Contact Us link at the bottom of the NIXXCOMMERCE home page or contact NIXXCOMMERCE about legal issues. Our failure to act with respect to a breach by a User or others does not waive our right to act with respect to subsequent or similar breaches. User understands and agrees that, because damages are generally difficult to quantify, if actual damages cannot be reasonably calculated, then User must pay NIXXCOMMERCE liquidated damages as detailed below.

1. if the User sends a message (1) in which he imitates another person or entity; (2) in which he makes a false statement or otherwise misrepresents his affiliation with a person or entity; or (3) that includes personal or identifying information of another person without the express consent of the latter, the User agrees that in its sole discretion NIXXCOMMERCE may disclose the User’s identifying information to the victim, and if NIXXCOMMERCE initiates an action against the User in court, the User will pay NIXXCOMMERCE the sum of one thousand dollars ($1,000) for each message of the type described in this point.

2. If NIXXCOMMERCE places limits on how often User may access the Service, or terminates User’s access to or use of the Service, User agrees to pay NIXXCOMMERCE one hundred dollars ($100) for each message sent that exceeds said limit and for each day that the User accesses NIXXCOMMERCE in excess of said limit, the amount that is greater.

3. In the event User sends unsolicited email advertisements to NIXXCOMMERCE’s email addresses or through NIXXCOMMERCE’s computer systems, User agrees to pay NIXXCOMMERCE twenty-five dollars ($25) for each such email. type you send

4. If the user posts messages in violation of these Terms of Use, in a manner other than those described above, the User agrees to pay NIXXCOMMERCE the sum of one hundred dollars ($100) for each such message. NIXXCOMMERCE, in its sole discretion, may elect to issue a warning prior to calculating damages.

In any case, the User agrees to pay NIXXCOMMERCE for actual damages suffered by it to the extent that such actual damages can be reasonably calculated.

By posting ads on NIXXCOMMERCE, the user understands and agrees that the ads and content are public and accessible by any third party, and may also appear in search results displayed by Internet search engines (such as Yahoo!, MSN, Google , AltaVista, and other browsers) and in such browsers’ caches, feeds, and other sites through co-branding agreements and that it is the sole responsibility of each such browser, Internet site, and RSS feed to keep the content of its results or to remove it from the search engine’s index or cache without the company having any possibility of influencing the search engine to correct or remove said advertisement or content.

  1. RULES ON PERSONAL DATA AND PRIVACY

DATA COLLECTION

NIXXCOMMERCE only collects personal data that the User sends us voluntarily and for a specific purpose. The User can provide us with data as a form of registration for a service, or when making calls or inquiries by telephone or any other means of communication. The data will be used so that the Internet User, who publishes information on the NIXXCOMMERCE site, can be contacted by the interested party in acquiring goods or services related to the published information. Likewise, the data may be used for NIXXCOMMERCE to contact Users in order to provide information about changes and/or news and/or request information about the experience in using the website. These data will not be used for any other purpose than that for which they were collected on each occasion, except where otherwise required by law. If the User has given permission, their data may be shared with other subsidiary or affiliated companies of NIXXCOMMERCE. The User is not required to provide personal information as a condition of using this Site, unless it is necessary to provide you with additional information that the User requests. When the User uses this Site, we store data on our servers to enable the connection and for security reasons. This data may include the name of your Internet service provider, the website that the User has used to link to this Site, the NIXXCOMMERCE websites that the User has visited, the websites that the User visits from our this Site , your Internet Protocol (IP) address, the date and duration of your visits to this Site. This data could possibly lead to your identification, but we generally do not. We use the data periodically for statistical purposes, but we maintain the anonymity of each individual user in such a way that the person cannot be identified. Personal data is collected exclusively if the User provides it to us, through registration, filling out forms or emails, as part of a request for more information, queries or requests about this Site and similar situations in which the User has chosen to provide us with that information. We will maintain control of and responsibility for the use of any personal data that the User provides to us and we will only use them to contact him by electronic means or telephone. Some or all of this data may be stored or processed on computers located in other jurisdictions, whose data protection laws may differ from the jurisdiction of the User’s domicile. The User’s data may be shared with third parties, as well as with other subsidiaries or affiliates of NIXXCOMMERCE. If all NIXXCOMMERCE assets are sold or merged with another company, the acquiring company may access the User’s personal information without their consent. If a part of NIXXCOMMERCE’s business is sold, the acquiring entity must have access to the User’s personal information without their consent. In the event that the User uses the means of communication of messages provided by NIXXCOMMERCE, NIXXCOMMERCE may store and access said messages,

DATA STORAGE

The personal data that the User may have provided to NIXXCOMMERCE will be stored for the time required for the purpose for which they may have been requested by NIXXCOMMERCE or provided by the User. These data will be used solely for the purpose of providing the information or evacuating the query that the User has requested or for other purposes for which the User gave his consent outside of this the data of the users may be provided to third parties such as clients in case of an established process for a guarantee of a product or service as long as NixxCommerce so decides, and unless the law provides otherwise.

RIGHT OF ACCESS, RECTIFICATION AND DELETION 

  1. The User as owner of the personal data has the power to exercise the right of access to them free of charge at intervals of no less than six months, unless they prove a legitimate interest to that effect. Likewise, the User has the right to correct inaccurate personal data and withdraw the consent given to NIXXCOMMERCE for their use, requesting that they be removed from the records in which they are stored. To access your personal data, please contact our Privacy and Personal Data Protection Officer through an email message where such requests the owner of the data must, in any case, previously prove identity by attaching a copy of the national identity document. identity. For inquiries to the email marketing department,[email protected] to validate your current status of data processing, you must wait for notification via email from NixxCommerce.
  1. SECURITY

NIXXCOMMERCE is aware of the importance for the User of the confidentiality and security of their personal data generated by the use of this Site. To this end, we take technical and organizational security precautions to protect your personal data from manipulation, loss, destruction or access by unauthorized persons. Our security procedures undergo continual revision based on the development of new technology.

MINORS

In view of the importance of protecting the privacy of minors, we do not collect, process or use on this Site any information related to any individual that we know to be a minor without the prior and verifiable consent of their legal representative. Such legal representative has the right, at her request, to see the information provided by the minor and / or request that it be deleted or corrected.

GOOGLE ANALYTICS

NIXXCOMMERCE implements Google Analytics functions based on display advertising (“Remarketing”), to publish online ads.

The User can disable Google Analytics for display advertising and thus personalize the ads of the Google display network through the use of the “Ad Settings” tool (for more information about this tool, go to  https://www. google.com/intl/en/policies/technologies/ads/ ).

In addition, the User is informed that: (i) other providers, including Google, may display their advertisements on Internet sites; and (ii) NIXXCOMMERCE and other vendors, including Google, use first party cookies and third party cookies in combination to inform, optimize and serve ads based on previous visits to the website.

Users are also informed that NIXXCOMMERCE must comply with Google’s Advertising Policy, which can be found at:  https://support.google.com/adwordspolicy/answer/143465#sensitive . In particular, it must comply with the provisions for sensitive categories.

  1. LINKED SITES

The Site may contain links and/or references to third party websites (“Linked Sites”) over which NIXXCOMMERCE has no control. NIXXCOMMERCE makes technical link devices available to the User (such as links, banners, buttons, among others) that allow the User to access web pages belonging to third parties. The installation of these links on the NIXXCOMMERCE site is limited to facilitating the User’s search for and access to the information available on the linked sites and does not imply that there is any kind of link or association between NIXXCOMMERCE and the operators of the third-party sites that link. If you decide to leave the NIXXCOMMERCE website and access “Linked Sites”, you understand that you do so at your own risk. The connection that the User makes with other websites is entirely under the responsibility of said User. NIXXCOMMERCE makes no representations or warranties as to the accuracy or authenticity of the information contained on such sites. NIXXCOMMERCE has not controlled in any way the “Linked Sites” and is not responsible for the content, accuracy or authenticity expressed in these websites. The inclusion of these links on our website does not imply approval or endorsement by NIXXCOMMERCE of the “Linked Sites”, their entities or products and services. The User agrees that in case of non-compliance or defective provision by the third party, the User will only claim the third party, leaving NIXXCOMMERCE unscathed. Also,

 

  1. TERMINOLOGY

For the purposes of these terms and conditions, the following terminologies are used.

  1. NixxCommerce: Company that provides a contact service between users and customers for commercial purposes through a web portal for product advertisements and product sales services.
  2. User: Provider who advertises their products and/or services on the NixxCommerce platform, where they agree to comply with the terms and conditions set forth above and in this document and who, when making a publication, claims to have read and agree with the terms and conditions contained herein.
  3. Client: Person who voluntarily enters the platform and decides to contact a user to make some type of purchase, by contacting a User the client claims to have read and agree to the terms and conditions contained herein.
  4. Product: Article of material goods published on the platform and is available for sale.
  5. Service: represents a set of actions which are performed to serve someone, something or some cause. The services are functions carried out by the Users towards the Clients in order that they comply with the satisfaction of receiving them.