Contractual relationship

These Terms of use (hereinafter the “Terms” and / or “Conditions”) regulate the access or use that you make, as a person, from the United Mexican States of the Onda MX digital platform, composed of an application for mobile devices, a web page and the newsletter (hereinafter “the service” or “the services”), made available by Joséphine Marie Dorr domiciled at Doctor ATL 252, Santa María la Ribera, Cuauhtemoc, Mexico City, Mexico, owner of the Onda MX trademark (hereinafter “Onda MX”).

READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

These Terms of use regulate the access and use of the Services and establish a contractual relationship between you and Onda MX If you decide to use our services. If you do not accept these Terms of use, you may not access or use the Services. These Terms of Use expressly replace the previous agreements or commitments made between the parties. Onda MX may modify the Terms of use relating to the Services when it deems appropriate. The modifications will be effective after the publication by Onda MX of the so-called Terms of use updated here or the modified policies or supplementary conditions on the applicable Service. Your access or continued use of the Services after such publication constitutes your consent to be bound by the Terms of use and their modifications. The collection and use that Onda MX makes of personal information in relation to the Services is made in accordance with the Onda MX Privacy Policy available on https://ondamx.art/privacidad

Definitions

Visitor: person who examines the website or the Onda MX app

Subscriber: person who subscribed to the Onda MX newsletter

User: person who created an account through the Onda MX application.

Client: any person who uses Onda MX’s Services. The term "Client" refers altogether to Visitors, Subscribers and Users.

Art space: space, project or allied medium that we disseminate through the Services

Cookies: Text strings sent virtually that are stored by the use of the Platform by Onda MX in order to consult the activities and preferences of the users.

Personal Data: It is all information that allows the identification of a natural person.

Data Messages: The information generated, sent, received, stored or communicated by electronic or similar means, such as, among others, Electronic Data Interchange (EDI), Internet, email, telegram, telex or the fax.

Advertising: It is any form of communication made by Onda MX, in order to provide information on commercial activities and communicate strategies or advertising or marketing campaigns, own or third parties; made as a reference mechanism and not as a public offer.

Object of the terms of use

These Terms of use regulate the authorization of use granted by Onda MX, so that users can enter the Digital Platform, and be informed about the Mexico City’s art scene.

Onda MX, through the Platform, carries out, in a limited way, the following actions: (i) disseminates artistic and cultural events and activities that take place in Mexico City; (ii) facilitates encounters between Clients and Art spaces; (iii) publishes critical contents about the artistic scene of Mexico City; (iv) it serves as a means of sending communications between the Art Spaces and the Clients.

Onda MX is a platform that allows its free use by various means, namely: i) web portal www.ondamx.art and ii) application that can be downloaded to mobile devices form app stores of Apple (“App Store”) and Google (“Google Play”), means that from now on and for the purposes of these terms will be jointly called the “Platform”.

Services

Through the Platform and it other channels Onda MX promotes and provides information about the art that takes place in Mexico City - exhibitions, events and cultural activities - and offers a map of galleries, independent spaces and museums.

The application gives users the ability to save spaces, events and articles, plan visits, receive notifications and suggestions according to their interests. It also gives access to the archive of local projects, exhibitions and art events.

Object of the services

The Client acknowledges and agrees to using the Platform as a means of information and connection with Art Spaces.

User account

The Users in case of having accounts in the social networks Facebook and Google +, will be able to create their User Account with the use of the credentials defined there, for which the Platform will communicate this option. Once the information necessary for the use of the Platform has been provided, the username and password to access and / or use the Platform will be validated by Onda MX. In case of forgetting the data of validation or usurpation of these, it is the responsibility of the User to inform Onda MX through communication sent to the email: info@ondamx.art . The user’s account will be managed by Onda MX at its discretion or by the person it designates, having full power to preserve or not the account. With the creation of the User Account, Users are expressing their willingness and unequivocal acceptance of these Terms of use of use of the Platform. Upon acceptance of these Terms of use, the Client expressly authorizes the use of Cookies by Onda MX in any use activity carried out on the Platform.

Information management

The information collected by Onda MX is provided by the Customers freely and voluntarily, so that it is managed by Onda MX which implies its collection; storage on servers or repositories of Onda MX; circulation thereof within the Onda MX organization; Communication of advertising and marketing information to Clients.

The data collected will be analyzed for the purpose of improving the strategy of the Platform, supported by business intelligence tools and data analysis, which allow to acquire prospective knowledge for prediction, classification and segmentation purposes.

The Client may exercise his right to know, update, modify and delete the Personal Data existing in the databases associated with the Platform. To do this you must make the request for consultation, claim or cancelation to the following email address: info@ondamx.art detailing by writing the modifications you wish to be made.

Onda MX is responsible for the treatment of personal information collected through the Platform, a responsibility that may be delegated to a third party, as the person responsible for the information, ensuring contractually adequate treatment of it.

By accepting these Terms of use, the Client expressly states that they have read and accepted the Onda MX Privacy Policy available at this electronic address: https://ondamx.art/privacidad

Copyright Policy

The Client may not place, modify, distribute or reproduce in any way the copyrighted materials, trademarks, or other proprietary information belonging to third parties without obtaining the prior written consent of the owner of the mentioned proprietary rights.

Disclaimer of liability

Onda MX is not responsible for any incorrect or inaccurate Content placed on the Platform or in relation to the Onda MX Services provided by the Art Spaces. The Platform may contain links to other Internet sites. Onda MX is not responsible for the Content, accuracy or opinions expressed on these websites

Total acceptance of the terms

The Client expressly and unequivocally declares that he has read, that he understands and that he accepts the totality of the aspects foreseen and regulated in the present written of Terms of use of the Platform, for which he commits himself to the total fulfillment of the duties, obligations, actions and omissions expressed herein. In the event that Clients from other countries use the Platform, they are fully subject to these Terms of use of the Platform.

Address and applicable legislation

For what is not provided in these Terms of use, Clients and Onda MX agree to submit to the applicable laws of Mexico City, Federal District. For the interpretation and execution of these Terms of use, the Client agrees to submit to the jurisdiction and competence of the competent courts of Mexico City, Federal District expressly waiving the jurisdiction that may correspond to him because of his present or future domicile, recognizing that its solution, where appropriate, must be done by commercial means, applying the Commercial Code and additionally the Federal Civil Code.

Please contact us at: info@ondamx.art regarding any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED THEREOF.