Terms and Conditions

Thank you for visiting OCTARIN.MX (the "Site"), owned and operated by Ashley Kronemeyer. Your use of the Site indicates that you have read, understood and accepted these terms of use (the "Terms and Conditions"). If you do not agree to these terms, you may not access or use the Site. The provisions contained herein supersede all prior notices or statements about our Terms and Conditions with respect to this Site. By using the Site after any changes to the Terms and Conditions, you agree to be bound by those changes.

Use of the Site

OCTARIN provides you with access to and use of the Site, provided you comply with the Site's Terms and Conditions and Privacy Policy. No material on the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site.

The Site, including all of its contents, such as the text, images and HTML used to generate the pages ("Materials"), are owned by us or our artists, galleries, partners or licensors and are protected by patents, trademarks and/or copyrights under Mexican and/or foreign laws. Except as otherwise provided, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, remove, add to, license, post, transmit or distribute any Materials from this Site, in their entirety. or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive and non-transferable license to access the Site and use the information and services contained herein.

Your Account and access

The Site is available to users over the age of 18, who have not been suspended or removed by OCTARIN for any reason. In consideration of your use of the Site, during registration and on all occasions when you voluntarily enter information into your account, you agree to provide true, accurate, current and complete information about yourself. We reserve the right to terminate your account, refuse service, remove or edit content in our sole discretion for any reason at any time, including as a result of a violation of these Terms of Use, without notice.

Copyright infringement. Notification and cancellation procedures

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright contact with the following information in writing:
(i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on its behalf. Our copyright agent for notification of claims of copyright infringement on the Site may be contacted as follows:

Rules and Limitations on Site Modifications

We reserve the right, for any reason, in our sole discretion, and without notice, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photos, graphics, video, messages or other materials (the "Content"), features and/or hours of availability, and we will not be liable to you or any third party for doing so. We may also impose rules and limitations on the use of the Site or restrict your access to part or all of the Site without notice or penalty. We reserve the right to modify these rules and/or limitations at any time, at our sole discretion.

Specific Prohibited Uses

The Site may only be used for lawful purposes by persons using authorized OCTARIN services. You are responsible for your own communications, content posted on your behalf and are responsible for the consequences of your posting on or through the Site. OCTARIN specifically prohibits any use of the Site, and requires all users to agree not to use it, for any of the following purposes:

• Post any information that is incomplete, false, inaccurate or not your own;
• Pretend to be someone else;
• Constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, state, national, or international law or regulation or that does not comply with accepted Internet protocol;
• Post material that is copyrighted or owned by a third party, unless you are the copyright owner or have the owner's permission to post it;
• Post material that infringes any other intellectual property, privacy, or publicity right of another;
• Attempt to interfere in any way with the Site's networks or network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.
• Abuse special discounts, prizes or incentives offered by OCTARIN.

Safety rules

Violations of system or network security are prohibited and may result in civil or criminal liability.

User Submitted Content

You are responsible for any User Content uploaded on your behalf to the site. By "User Content" we mean any content that you submit to OCTARIN for publication on the site, which may include reviews, comments, image uploads, captions, forum participation, and other similar features that allow you to add content to the site. We are not responsible for any personally identifiable or other information that you choose to submit as User Content and we reserve the right to remove any User Content at our sole discretion. You understand that once you submit User Content, your content becomes public. We are not responsible for maintaining the confidentiality of User Content.

Shop at OCTARIN

Artists, designers and galleries ("Sellers") who market their products on the Site are responsible for determining the authenticity and quality of the products; they together with the users who purchase on the Site ("Buyers") are solely responsible for the due diligence required in the purchase of the Products. 

OCTARIN makes no representations regarding Buyer's ability to pay, Seller's ability to collect the purchase price, or any other representation or warranty of any kind or nature.
All copyrights subsisting in the products shall remain the property of the Artist, unless otherwise agreed in writing.

Buyer Warranties

As a Buyer, you warrant and agree that, with respect to any product shipped to OCTARIN:

• You are responsible for verifying the information provided by the Seller;
• Your use of the Site, the purchase of any product, and any communication or transaction initiated on the Site fully complies with all laws, statutes, ordinances and regulations of Mexico and all international conventions and cultural property laws - including applicable permits, restrictions or prohibition on importing the Product from Seller's jurisdiction to Buyer's jurisdiction; Y
• You are responsible for identifying and paying all taxes applicable to Buyer for the purchase and collection of the Product, including any importation of the Product into Buyer's jurisdiction.
• You agree that by purchasing Products from OCTARIN, OCTARIN will be entitled to remuneration in the form of commission out of any payment due to Seller.

Seller Warranties

As a seller, you warrant and agree that, with respect to each product offered on OCTARIN:

• You have full power and authority to sell the product;

• You are solely responsible for the authenticity, description, identity, condition, nature and quality of the product.

• The product is authentic and all information provided on the description, identity, condition, nature and quality of the product is accurate;

• You own and have full possession of the Product;

• You are responsible for promptly releasing the product for delivery to the Buyer, shipped promptly upon receipt of the offer price (and any taxes due), in accordance with the terms of the offer;

• The ownership of the product is free and marketable, and the sale to any Buyer will be free and exempt from any encumbrance or charge;

• Your use of the Site, each Product you submit, the sale of the Product, and any communication or transaction initiated on the Site fully complies with all laws, statutes, ordinances and regulations of Mexico and with all international conventions and cultural property laws - including any permits, restrictions or prohibitions applicable to the export of the Product from Seller's jurisdiction to Buyer's jurisdiction; Y

• You are responsible for identifying and paying all applicable taxes to Seller on the sale and delivery of the Product, including any export of the Product from Seller's jurisdiction.

• You agree that by selling Products on the OCTARIN Site, OCTARIN will be entitled to remuneration in the form of a commission out of any payments due to you.

Fraud

Although OCTARIN makes every effort to prevent fraud, OCTARIN disclaims liability for product purchases contracted between a Buyer and a Seller.

Copyright

As between you and OCTARIN (or other company whose marks appear on the Site), OCTARIN (or the respective company) is the owner and/or authorized user of any trademarks, registered trademarks and/or service marks that appear on the Site. on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise noted.

Except as otherwise stated, your use of the Site does not grant you a license to any Content, feature or material that you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, function or material, in whole or in part. Any commercial use of the Site is strictly prohibited, except as permitted herein or approved by us. You may not download or save a copy of any of the Content or screens for any purpose, except as otherwise provided by OCTARIN. If you make any use of the Site other than as provided herein, doing so may violate the copyright and other laws of Singapore, other countries, as well as applicable state laws, and you may be subject to liability for such use not authorized. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrighted material or any other intellectual property by including them on the Site.

The information on the Site, including, without limitation, all site design, text, graphics, interfaces, and selection and arrangement are protected by law, including copyright law.

Product names, logos, designs, titles, graphics, words or phrases may be protected by law as trademarks, service marks or trade names of OCTARIN, or other entities. Such trademarks, service marks and trade names may be registered in Mexico and internationally.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrighted material, or any other intellectual property in any manner.

Other claims

The User agrees that he is not entitled to receive, and will not demand, any additional rights, benefits, payments or compensation, including, but not limited to, any claim for benefits, damages, interest, attorneys' fees and costs, other than what is expressly set forth in your Purchase, and you hereby expressly waive any additional rights, benefits or compensation. The User further acknowledges that OCTARIN enters into this Agreement without admitting any liability, and agrees, to the extent permitted by law, that it will not defame, disparage, or make false or misleading allegations against OCTARIN, whether to the press, employees, customers, investors, Vendors or others.

Defamation

You agree that in an action for defamation with respect to words calculated to bring OCTARIN into disrepute at the time of publication, OCTARIN will not be required to allege or prove special harm, regardless of whether the words are spoken about OCTARIN in the exercise. of his position, profession, vocation, trade or business. (i) For the purposes of the libel and slander law, the dissemination of words (publication for general reception) by means of telecommunications shall be considered as a permanent publication.

Compensation

The user agrees to defend, indemnify and hold harmless OCTARIN, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates from any claim, liability, damages, costs and expenses, including reasonable attorneys' fees, in any way arising out of, related to, or in connection with your use of the Site, your violation of any law, your violation of the Terms, or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any claim by third parties that any information or materials you provide infringes any third party's proprietary rights. You agree to cooperate as fully as reasonably possible in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

Disclaimer of warranties

The user understands and accepts that:
The site, including, without limitation, all content, function, materials, and services is provided "as is", without warranty of any kind, either express or implied, including, without limitation, any warranties for information, data, data processing services or uninterrupted access, any warranties regarding the availability, accuracy, completeness, usefulness, or content of the information, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. particular purpose. The company does not guarantee that the site or the function, content or services available on it will be timely, secure, uninterrupted or error-free, or that defects will be corrected. OCTARIN does not guarantee that the site meets the expectations or requirements of users. no advice, results or information, or material, whether oral or written, obtained by you through the site will create any warranty not expressly set forth herein. If you are not satisfied with the site, your only recourse is to stop using it.

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damages that result from the download of any such material.
OCTARIN does not endorse, guarantee or warrant any products or services offered or provided by or on behalf of third parties on or through the site. OCTARIN is not a party to or monitors any transaction between users and third parties without the direct involvement of the company.

Force Majeure

(a) OCTARIN will not be responsible for any failure or delay in the provision of the services expressly indicated in the Purchase, the Receipt, and/or the written communication between OCTARIN and the User, during the period in which said failure or delay is:
(i) is outside the reasonable control of OCTARIN;
(ii) materially affects the performance of any of your obligations under this agreement; Y
(iii) could not have been reasonably foreseen or foreseen;     
(b) If events, issues and/or unexpected and/or unforeseeable causes arise beyond OCTARIN's reasonable control, OCTARIN will be released from fulfilling the affected obligation during the time and to the extent that it is affected, and may have the right to an indemnification.
Unforeseen events, unforeseen events, problems and/or causes include, but are not limited to:
(i) a fortuitous event;
(ii) delays in the production, delivery and/or installation of the Product(s) that arise outside the reasonable control of OCTARIN;
(iii) product damage and/or loss arising out of OCTARIN's reasonable control;
OCTARIN will not be responsible if the points indicated in (a) and (b) prevent, hinder or hinder OCTARIN's ability to comply with said obligations.

Limitation of liability

Sellers and Buyers agree that OCTARIN is not responsible for and makes no representations or warranties (express or implied) as to the Product, including as to its merchantability, fitness for a particular purpose, the accuracy of the description of the Product in any offer, the physical condition, size, quality, rarity, average importance, origin, if the merchandise is subject to export or import permits, restrictions or embargoes, shipping or delivery, packaging or handling, compliance with the purchase conditions , Buyer's ability to pay, Seller's ability to collect the bid price, or any other representation or warranty of any kind or nature.
In no case will OCTARIN, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliated sellers, contractors, galleries, artists, institutions, representatives or providers of content or services shall be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising out of or directly or indirectly related to the use or inability to use the site or the content, materials and function related thereto, including , without limitation, loss of revenue, or anticipated profits, or loss of business, data, or sales, or the cost of replacement services, even if the company or its agent or such person has been advised of the possibility of such damage. Some jurisdictions do not allow the limitation or exclusion of liability, so some of the above limitations may not apply to you. Without limiting the foregoing, in no event shall OCTARIN or its respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damage or loss arising from or occurs in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of OCTARIN.

risk of loss

Products purchased on our Site are shipped by a third-party carrier under a shipping contract. Accordingly, risk of loss and title to such Products may pass to you upon our delivery to the carrier.

Purchase

OCTARIN and its partners strive for complete accuracy in the description and pricing of products on the Site. However, due to the nature of the Internet, occasional crashes, service interruptions, or errors may cause inaccuracies to appear on the Site. OCTARIN has the right to void any purchase showing an inaccurate price. If the displayed price is higher than the actual price, the overprice may be refunded. If the displayed price is lower than the actual price, OCTARIN will cancel the purchase and will try to contact you, either by phone or email, to ask if you want the product at the correct price.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. In addition, we may decide to stop making the Site or any part of it available at any time and for any reason. Under no circumstances will OCTARIN or its suppliers be liable for any damage due to such interruptions or unavailability.

Notices

Notifications to the user can be made by email. The Site may also provide notice of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

How to get in touch with us

To contact us with any questions or concerns regarding this Agreement or the Site, or to send us any notices under this Agreement, please email us at info@octarin.mx.

General information

The Terms and Conditions constitute the entire agreement between you and OCTARIN and govern your use of the Site, superseding any prior agreements between you and OCTARIN. You may also be subject to additional terms and conditions that are applicable to certain portions of the Site.

You agree that no joint venture, partnership, employment or agency relationship exists between OCTARIN and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to OCTARIN or the Site must be commenced within one (1) year after the claim or cause of action arose.

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court must seek to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions will remain in full force and effect.

You may not assign the Terms and Conditions or any of your rights or obligations under them without our express written consent.

The Terms and Conditions inure to the benefit of OCTARIN's successors, assigns and licensees. The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect.