TERMS & CONDITIONS
Welcome to the RANDEM community! You are reading these Terms because you are using a RANDEM web site, digital experience, social networking platform, mobile application, or one of our other products or services, all of which are part of the RANDEM Platform ("Platform"). You may access the Platform through a computer, cell phone, tablet, console, or any other technology, which we refer to here as a "Device". Your operator's normal rates and charges apply to your Device.
These Terms constitute a binding contract between you and RANDEM and its affiliates (which we may refer to as "RANDEM," "we," or "our") in connection with your use of the Platform. RANDEM is managed and operated by GRUPO ENAMEC ENLACE NACIONAL DE COMERCIO ESTRATEGICO, SOCIEDAD DE RESPONSABILIDAD LIMITADA DE CAPITAL VARIABLE which is a commercial company constituted in accordance with the laws of the United States of America; and by Mr. José Saúl Gutiérrez Márquez and Mr. José Paulo Gutiérrez Márquez both residing in Mexican territory.
- Our Terms may change. Some jurisdictions do not allow unilateral modifications or updates to the terms applicable to consumers, so this paragraph may not apply to you. We may update these Terms from time to time. In the event of a material change, we will post a notice on the Platform or send you a notice. Please read the changes and if you do not agree to them, please stop using the Platform. If you continue to use our Platform after we have notified you of the changes, we will treat you as having accepted the updated Terms, except to the extent prohibited by applicable law.
- Terms of Sale. By making any purchase from us, you also agree to the Terms of Sale applicable in your country or region.
1. BASIC RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have the consent of your parents or legal guardian. There may be age-specific limitations to specific Platform services in various countries.
Registration rules. When you register for an account with us, the following rules apply:
Be truthful: Provide accurate and current registration information.
Be you: Keep your registration personal. Do not register for more than one RANDEM account, do not register a RANDEM account on behalf of another person, or transfer your account.
Be safe: Keep your user name, password, and any other access credentials safe and do not allow anyone else to use your account.
Be responsible: Report immediately to RANDEM any unauthorized use of your RANDEM account. You are responsible for everything that happens through your RANDEM account, with or without your permission. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RANDEM IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all content on our Platform, including text, software, scripts, code, designs, graphics, photographs, sounds, music, videos, applications, interactive features, articles, news, drawings, animations, labels, artwork in general, and any other content ("Content"), is the property of RANDEM or other persons from whom we license the Content, and is protected by copyright, trademark, patent, and other laws. RANDEM reserves any rights not expressly described in these Terms.
- All trademarks, service marks, and trade names (e.g., the name RANDEM and its designs) are the property of RANDEM, are registered and/or licensed by RANDEM. You are not acquiring any license or ownership rights to the trademarks, service marks or trade names through access to or use of the Platform or Content.
- You agree not to modify or remove any proprietary notices from materials downloaded or printed from the Platform.
- To the extent that RANDEM approves the downloading or use of Content consisting of copyrighted or copyrighted works, RANDEM grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use such copyrighted or copyrighted works solely for the intended purpose and only for as long as RANDEM makes such Content available to the general public. You are not acquiring a proprietary right in the Content (including any trademarks or other intellectual property included in the Content), and all Content is intended for personal, non-commercial use. RANDEM reserves the right to monitor your use and to modify or revoke this license or your access to the Content at any time and for any reason. RANDEM reserves the right to remove any Content that violates these terms or RANDEM's intellectual property rights. The fact that RANDEM's permitting such limited use does not constitute a waiver of RANDEM's rights in the Content.
- Apart from the specific rights of use that have been granted to you by RANDEM in connection with the Platform, you agree not to use, copy, edit, translate, reproduce, distribute, download, transmit, sell, create derivative works, or in any way exploit the Content, including the User Content (except for your own User Content legally posted on the Platform), without the prior written consent of RANDEM. Unauthorized use of the Content may constitute a violation of copyright, trademark or other intellectual property laws and could subject you to criminal or civil charges and penalties.
3. PUBLICATION OF CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform allow you to post photos, videos, comments and other content, which we refer to as "User Content". RANDEM is not responsible for User Content that others publish on the Platform. User Content is owned by you or by the person who created it but at the time you publish User Content, you are granting RANDEM a license as described below:
- You declare that you have the right to publish your User Content and you grant RANDEM a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you publish on the Platform or in connection with the Platform, including the image of any person appearing in the User Content, or any concept or idea included in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works from, sublicense, distribute and assign these rights. RANDEM may, in its sole discretion, remove any User Content at any time.
- You understand that User Content may remain in RANDEM's systems and on the Platform as long as your User Content has been published or shared with others who have not removed it, unless you or the appropriate person requests the removal or blocking of the personal data in accordance with applicable law.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS You understand that any comments, feedback, or ideas you submit to us are provided on a non-confidential basis and you grant RANDEM a perpetual, worldwide license to use all comments, feedback, and ideas you have shared with us, without notice, compensation, or acknowledgment to you, for any purpose, including but not limited to, developing, producing, and marketing products and services and creating, modifying, or improving products and services.
4. USER CODE OF CONDUCT
We are happy that you are contributing to the RANDEM community. Below are some basic guidelines:
- Be original. Only post User Content on the Platform if you have all necessary permissions and rights to make such User Content available to the User, as well as to any individual who appears or is mentioned in your User Content.
- Be safe. Do not do anything that may expose RANDEM or its users to any type of damage, including anything that may interrupt, damage, disable, manipulate, overload or limit the functionality of the Platform.
- Do not publish User Content that contains software viruses, programs or other computer code, and do not circumvent or circumvent any Platform security software or technology.
- Do not use data mining, robots, "scraping" or similar data collection methods.
- Unless otherwise stated, our Platform is a public site. Do not post personal information on the Platform, whether it is yours or anyone else's.
- Be personal.
- Do not post any advertisement, request or commercial content on the Platform or accept payments from third parties in exchange for performing any commercial activity on the Platform.
- Do not collect or request personal information from other users of the Platform or send unwanted messages.
- Do not use any automated technology to interact with the Platform.
- Be respectful. Respect the community and do not post User Content, create a link to a website or perform actions that are illegal, misleading, malicious, harassing, inaccurate, discriminatory, or that are objectionable or inappropriate or violate any applicable law. RANDEM has the right to pre-screen, monitor or remove User Content, but we are under no obligation to do so.
- Being you. Do not impersonate any person or organization, including employees of RANDEM.
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before submitting a notice to us, because there may be penalties for false claims. RANDEM may close the account of those Platform users who infringe third party copyrights.
If you believe that your work has been improperly copied to the Platform, constituting an infringement, please provide us with the following information:
(1) name, address, telephone number, e-mail address and a physical or electronic signature of the owner of the copyright or the person authorized to act on its behalf; (2) a description of the copyrighted work that you believe has been infringed;
(3) description of where on the Platform the infringement that you claim has occurred has taken place
(4) written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner in question or authorized to act on the copyright owner's behalf.
Please notify the alleged copyright infringement to firstname.lastname@example.org
6. PARTNERS IN THE PLATFORM
7. IMPORTANT DISCLAIMERS
USER INTERACTIONS. To the extent permitted by applicable law, we are not responsible for your interactions with other users on the Platform or any damages you may suffer because of those interactions.
Be responsible and take precautions when interacting with other users (including those users who do not know) on the Platform. Before meeting someone in person, consider researching, bringing a friend, choosing a public site and informing someone of your whereabouts. RANDEM is under no obligation to become involved in disputes between users, but may do so at its sole discretion.
DISCLAIMER OF WARRANTIES. Some jurisdictions do not allow certain limitations or exclusions of liability, warranties, or remedies, so these exclusions and limitations may not apply to you.
The Platform, the Content and the materials and products on this Platform are provided "AS IS". We make no promises of any kind, including about the accuracy, suitability, usefulness or reliability of the Platform. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RANDEM IS NOT RESPONSIBLE FOR ANY USER CONTENT PUBLISHED ON THE PLATFORM.
- RANDEM does not warrant that the Platform will be uninterrupted or error free, that all defects will be corrected, or that the Platform is free of viruses or other harmful elements.
- To the extent permitted by law, RANDEM disclaims any liability, express or implied, in connection with the Platform, the Content, the User Content, and any other product or service you obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
- You are solely responsible for any damage to your Device resulting from access to the Platform, unless otherwise provided by applicable law.
- We hope you enjoy and get the maximum benefit from the Platform, although we do not guarantee any results.
RANDEM may terminate or modify any RANDEM Platform, member program, product or service at any time without notice.
RANDEM may terminate or suspend your account, delete your profile or your User Content, and restrict your use of all or part of the Platform at any time and for any reason, without any liability on your part, and subject to applicable law.
- You understand and agree that some of your User Content, in particular that which has been displayed in the course of an activity or on a public site of the Platform, continue to be published even after your account has been closed, without prejudice to your right to remove your User Content if requested in accordance with applicable law.
- These Terms will remain in effect even after you cancelled your account or ceased to use the Platform.
9. INDEMNIFICATION/LIMITATION OF LIABILITY
We want you to enjoy the Platform, but RANDEM must also protect itself from any damage you may cause.
INDEMNIFICATION AND EXONERATION.
LIMITATION OF LIABILITY. NONE OF RANDEM'S PARTIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT OR DATA, RESULTING FROM THE USE OF, OR YOUR INABILITY TO USE, THE PLATFORM, THE PLATFORM OR THE PERFORMANCE OF PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER USERS OF THE PLATFORM (ONLINE OR OFFLINE), OR ATTENDANCE AT A RANDEM OR RANDEM'S PARTNER EVENT, OR ANY USER CONTENT OR ACTIVITY IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF RANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY RECOURSE AGAINST RANDEM IN CONNECTION WITH ANY DAMAGE SUFFERED FROM YOUR USE OF THE PLATFORM OR THE CONTENT IS TO STOP USING THE PLATFORM. IF RANDEM WERE TO BE LIABLE FOR ANY DAMAGE OR LOSS SUFFERED BY YOU IN ANY WAY RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT, RANDEM'S LIABILITY WILL NOT EXCEED THE AMOUNT OF US$50.00
10. APPLICATION MARKETS: You understand that this agreement is signed only between you and RANDEM, and not with the Application Marketplace where you downloaded RANDEM's application (e.g., for iOS users, the App Store operated by Apple Inc. and for Android users, the Google Play Store operated by Google Inc.)
11. DISPUTES AND ADDITIONAL TERMS
Applicable law and jurisdiction
- You agree that this Platform is a passive platform based in Leon, Guanajuato, Mexico, which does not give rise to any personal jurisdiction over RANDEM in jurisdictions other than Leon, Guanajuato.
- Except where prohibited by applicable law, and without limitation to the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Platform (including, but not limited to, the purchase of products from RANDEM) will be resolved individually, without being able to recourse in any way of collective action, and exclusively in the competent courts of Leon, Guanajuato, Mexico.
- You agree to waive all defenses of "lack of personal jurisdiction" and "inconvenient forum" with respect to the jurisdiction and venue of the state and federal courts in Leon, Guanajuato, Mexico.
- All claims must be filed within one (1) year from the date the claim arose, except to the extent applicable law requires a longer period.
- By using the Platform, you agree to receive certain electronic communications from RANDEM, subject to applicable law.
- You agree that any notice, agreement, disclosure or other communication that RANDEM sends to you electronically will satisfy any legal requirement for communication, including that such communications be in writing.
Right of Assignment, Non-Waiver and Severability
- RANDEM may assign its rights and duties under these Terms to any party at any time without notice to you, unless applicable law requires notice to you, without affecting your rights or our obligations under these Terms.
- RANDEM's failure to insist upon or enforce strict performance of these Terms does not constitute a waiver of these Terms or of RANDEM's rights. The User shall always assume that these Terms apply.
- If any provision of these Terms are considered invalid or unenforceable, the remaining Terms shall remain enforceable.