Terms of Service
This site is operated by ModestDog.
When you purchase any product on this website, you agree to the following terms and conditions. In the following paragraphs, the terms "we," "our," and "us" refer to ModestDog.
USER AGREEMENT.
This Agreement (hereinafter the "User Agreement") governs the use of the services provided by ModestDog, through the website or the pages or sites hosted, located, or linked to or within it, located at www.modestdog.shop (hereinafter "ModestDog" or the "Portal"). Each time a person accesses the Website or uses the services provided by ModestDog detailed below, they become a user of ModestDog (hereinafter the "User"). By accessing ModestDog or using the services provided through the Portal, the User tacitly and unconditionally agrees to be bound by the terms and conditions contained in this User Agreement, including the version published online by ModestDog from time to time at the time the User accesses ModestDog. Therefore, the User is advised to carefully read the User Agreement each time they use ModestDog's services, as it may be updated and/or modified by ModestDog at any time without direct personal notice to the User. In connection with the foregoing, the User may review the updated version of the User Agreement at any time by clicking on the User Agreement text located at the bottom of the login page.
SERVICE
ModestDog provides Users, directly or indirectly, with access to and/or use, as applicable, a range of online resources, services, and content through the global information system or network known as the "Internet" (World Wide Web or www), including, but not limited to: Product and service information for electronic purchases through the Portal's intermediation services (hereinafter the "Services"). ModestDog reserves the right to unilaterally modify, add, or remove, at any time and without prior notice, the services, the presentation and configuration of ModestDog and any of the Services, as well as the conditions required to access and/or use any of the Services. Likewise, the acquisition, purchase, sale, or obtaining of any item through any of the Services is at the sole and exclusive risk of the Users and
3. ACCESS TO MODESTDOG AND USE OF THE SERVICES
3.1 FREE SERVICE
The Services provided to Users by ModestDog are provided free of charge, except for certain Services that may only be used upon payment of a fee and which ModestDog will identify for User use from time to time. ModestDog provides its Users only with the ability to use the Services, and Users are responsible for having the necessary equipment to establish a connection and access the Internet through any telephone or other connection using known or unknown technology. Users shall be responsible at all times for any costs associated with such access.
3.2 PROPER USE OF MODESTDOG
The User agrees to use and access ModestDog and the Services in accordance with the laws, moral standards, good customs, and public order applicable in the country in which they are located when accessing the Services, and in accordance with the provisions of this User Agreement. Therefore, they agree to refrain from using ModestDog and the Services or from performing acts for illegal purposes or effects, harmful to the rights and interests of third parties, contrary to the User Agreement, or for seditious or clandestine purposes, or that in any way may damage, disable, overload, or impair ModestDog and the Services or prevent Users from using them normally. In this case, ModestDog may, upon becoming aware of such use, suspend the Services to the User immediately after ModestDog has obtained such knowledge. The User will have five days to remedy such use or notify ModestDog of any action it deems appropriate.
3.3 MODESTDOG CONTENT
The User acknowledges and is aware that all information, data, text, software, sound, photographs, graphics, videos, messages, or other materials contained on ModestDog, as well as the Portal itself and its page design (hereinafter the "Content"), whether published to the general public or transmitted privately, is the exclusive property of the owner of said Content and the sole responsibility of the person who originated the Content and not of ModestDog, except when expressly stated otherwise. Therefore, ModestDog is not responsible of the Content and its publication nor does it in any way represent the opinion of ModestDog. The User or the person who generates the Content will be solely responsible for it, whether it has been entered, published, sent by email or in any other way transmitted through ModestDog or the Services. Since ModestDog does not control the Content that is transmitted, stored or published through the Services, it does not guarantee its accuracy, truthfulness, suitability, timeliness, completeness, usefulness or quality. When using the Service, the User may be exposed to Content that is offensive, indecent, or unacceptable to the User, or illegal under the laws applicable in the User's country of residence or the country in which the User is located when accessing the Services. Therefore, ModestDog shall not, under any circumstances, be liable to the User or any third party for any Content, including, but not limited to, errors of any kind or omissions in any Content, or for any losses, damages, penalties, and/or fines of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted through the Portal.
3.4 PROPER USE OF MODESTDOG SERVICES
In cases where the User uses those Services that, by their nature, allow Users to enter Content into ModestDog and make them accessible to other Users, such as, among others, email services or online purchases (collectively, hereinafter "Online Services"), the User agrees to use them in accordance with applicable laws, morality, good customs, public order, and the User Agreement. By way of example, but not limited to, the User agrees and undertakes not to use the Services to:
(a) Introduce, publish, email, or otherwise transmit any Content that violates applicable law, morality, or good customs, that harms, threatens, abuses, attacks, defames, slanders, violates the privacy of others, generates racial and/or ethnic and/or religious hatred, or that is otherwise contrary to the provisions of this User Agreement, in which case ModestDog may, upon becoming aware of such use, suspend the Services to the User immediately after ModestDog has obtained such knowledge, and the User will have five days to remedy such use or notify ModestDog of any action it deems appropriate;
(b) Impersonate any person or entity, introduce false, altered, or distorted information that causes error, confusion, misunderstanding, or deception;
(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d) Introduce, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Introduce, post, copy, exploit, and/or email or otherwise transmit any Content that infringes any copyright, patent, trademark, trade secret, copyright, or other intellectual property right of any third party and/or ModestDog;
(f) Introduce, post, email, or otherwise transmit any advertising, promotional materials, junk mail, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of ModestDog that are expressly designated for that purpose (such as, in your case, the shopping areas).
(g) Introduce, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Disrupt the normal flow of dialogue, cause rapid scrolling at a speed at which other users of the Services are unable to type, or otherwise act in a manner that adversely affects other users' ability to interact in real time (real-time exchanges);
(i) Interfere with or disrupt the Services and/or the servers or internal networks connected to the Services;
(j) Violate any applicable law in United States, the User's place of residence, and/or the place in which
The User is located when accessing the Service, regardless of whether such municipal, provincial, local, state, federal, or international law applies, including, but not limited to, regulations promulgated by any stock exchange on which stock transactions are specifically conducted and/or any similar regulations; as well as any regulations having the force of law, whether intentional or unintentional;
(k) Stalking or otherwise harassing another person;
(l) Collecting or storing personal data about others; and
(m) Any other activity that is contrary to public decency.
(n) Hacking into the personal Services of others and accessing their personal information, email account, etc.
Although ModestDog does not conduct reviews or pre-screenings of Content, both ModestDog and its designees shall have the right (but not the obligation) at their discretion, at any time and without prior notice to Users, to review, refuse, delete, modify, replace, and/or move any Content available through the Services, and ModestDog may suspend access to or any service to the User for such reason. ModestDog shall have the same authority and right to remove any Content that violates the User Agreement or that otherwise constitutes or implies an objection and/or contradiction to the Agreement. ModestDog represents, and the User agrees, that it is the User's sole responsibility to evaluate and bear the risk associated with the use of any Content, including with regard to the accuracy, completeness, or usefulness of the Content. Therefore, the User represents and expressly acknowledges that the Content accessible through ModestDog may not be relied upon.
The User acknowledges and agrees that ModestDog may maintain and retain personal information and User Content for its own records, and may also disclose such information if required by law and/or a competent authority, or in the good faith belief that such maintenance or disclosure is reasonably necessary to: (i) comply with legal process, whether administrative or judicial; (ii) comply with the User Agreement; (iii) respond to claims involving any Content that infringes the rights of third parties; or (iv) protect the rights, property, or safety of ModestDog, its Users, and the public at large.
The User acknowledges that in order to provide the Services, the technical processing and transmission of the Services, including the Content, may involve (a) transmissions over various networks; and (b) changes to adapt and conform to technical requirements for connecting networks or devices.
With respect to the use of specific Services contained on ModestDog, the User must abide by this User Agreement.
3.5 APPROPRIATE USE OF MODESTDOG CONTENT.
The User must refrain from obtaining or even attempting to obtain Content through ModestDog or the Services using means or procedures other than those, as the case may be, made available for this purpose or indicated for this purpose on the Portal web pages where the Content is located, or in general those commonly used on the Internet for this purpose.
The User undertakes to use the Content diligently, correctly, and lawfully. Otherwise, ModestDog may suspend the Services to the User immediately after ModestDog becomes aware of such use. The User will have five days to remedy such use or notify ModestDog of any action it deems appropriate.
Likewise, the User, in particular, agrees to refrain from:
(a) Using the Content in a manner, for purposes, or with effects contrary to the applicable laws of United States, the User's place of residence, and/or the place from which the Services are accessed, morality, good customs, and/or public order;
(b) Reproducing, copying, distributing, allowing public access through any form of public communication, transforming, or modifying the Content without prior authorization from the corresponding rights holder;
(c) Deleting, circumventing, or manipulating the copyrights, trademarks, patents, and other identifying data of ModestDog's rights or those of its owners incorporated into the Content, as well as any technical protection devices, digital fingerprints, or any information mechanisms that the Content may contain; and
(d) Use the Content and, in particular, information of any kind obtained through ModestDog or the Services, to send advertising, communications for direct sales purposes or for any other type of commercial purpose, unsolicited messages addressed to a plurality of persons regardless of its purpose, as well as to refrain from marketing or otherwise disclosing such information. Any Content downloaded by the User through the Services is at their own discretion and risk, and they will therefore be solely responsible for any damage to their computer, equipment, or system, as well as for the loss or damage to any data contained therein.
INTELLECTUAL PROPERTY RIGHTS.
The User acknowledges that the Service and any software necessary for use in connection with the Service may contain proprietary and confidential information that may be protected by intellectual property and other applicable laws. The User declares that they are aware and agree that the Content contained in sponsors' or advertisers' advertising and/or information presented to them through the Service or by sponsors or advertisers may be protected and/or its use restricted by copyright, trademark, patent, or other proprietary rights and laws.
Except as expressly authorized and specifically indicated by ModestDog, its sponsors, or advertisers, Users agree not to modify, copy, reproduce, rent, lend, sell, distribute, or create works from the Service and/or derivative works based on or based on the Service, in whole or in part.
All Content on the Services is protected by intellectual property rights. All rights reserved. Reproduction in whole or in part is prohibited." or by third-party Content providers, which are also protected by international intellectual property laws. ModestDog, www.modestdog.shop, and each and every one of the names used in the Service and in ModestDog in general that include the word ModestDog in their name are registered trademarks owned by ModestDog. Likewise, the ModestDog logo is registered and owned by ModestDog. The User agrees not to reproduce, duplicate, sell, or exploit for commercial reasons, all and/or any portion of the Services or the Content under any circumstances.
PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.
In the event that any User or third party considers that any of the Content found or introduced in ModestDog and/or any of its Services violates their intellectual property rights, they must send a notification to ModestDog indicating, when less: (a) personal data (name, address, telephone number and email address of the claimant); (b) the autograph signature with the personal data of the owner of the intellectual property rights or of the person duly authorized to act on behalf and on behalf of the owner of the intellectual property rights that are allegedly infringed and/or violated; (c) the precise and complete indication of the Content(s) protected by the intellectual property rights that are allegedly infringed, as well as their location on ModestDog or any of the Services; (d) an express and clear statement that the introduction of the indicated Content(s) has been made without the consent of the owner of the intellectual property rights that are allegedly infringed; (e) an express, clear statement, under the claimant's responsibility, that the information provided in the notification is accurate and that the introduction of the Content(s) constitutes a violation of their intellectual property rights; (f) a simple copy of the document that proves the ownership of the alleged right infringed.
ADVERTISING.
Should the User so choose, they may enter into correspondence with or participate in promotions of sponsors or advertisers that display their products and/or services on the Services. Any such correspondence or promotions, including the delivery of and payment for products and/or services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the applicable User and the advertiser and/or sponsor. Therefore, ModestDog shall not be responsible for the accuracy, functionality, content, or quality of such products and/or services or for any payment made to such person.
For the foregoing, ModestDog does not and will not assume any responsibility or obligation in this regard, nor can it and will not be liable for any such correspondence or promotions, nor shall it be liable for any loss incurred as a result of such dealings or as a result of the presence of such sponsors or advertisers on the Service. ModestDog makes no warranties regarding its own information and/or any of its content. third parties.
LINKS TO THIRD-PARTY SITES (LINKS)
In some cases, ModestDog provides links to other Internet sites and/or other third-party resources. Since ModestDog has no control over such sites or their resources, the User acknowledges and agrees that ModestDog is not and will not be responsible for the availability of such external and non-ModestDog sites or for access to them, or for the resources used by them, nor does it guarantee that the site contains legitimate and/or lawful information, and does not and will not accept liability for the inability to access them or for any Content, advertising, products, or other materials on or available from such sites or resources. Likewise, ModestDog will not be liable for any loss or damage caused or allegedly caused by or in connection with the use or security of such Content, products, or services available on or through any such sites or resources.
INDEMNIFICATION.
In all cases mentioned below and/or those arising therefrom, the User agrees to be responsible and agrees to indemnify, hold harmless, and hold ModestDog, its directors, officers, employees, collaborators, suppliers, agents, and/or shareholders harmless from and against any claim and/or demand, including reasonable attorneys' fees and court costs and expenses, made by third parties due to or arising from: (a) the Content you submit, post, email, or send to other ModestDog Services or otherwise transmit through the Services; (b) your use of the Service; (c) your connection to or use of the Services; (d) any violation of the User Agreement or Specific Agreements; or (e) any infringement and/or violation of any intellectual property rights or other rights of any person or entity.
TERMINATION.
All Service Users accept and agree that ModestDog, at its sole discretion and without prior notice, may terminate or suspend the use of all or part of the Services for any reason or cause. Therefore, they acknowledge that ModestDog will not be liable to Users or any third party for such termination or suspension.
POLICY FOR USE OF THE SERVICES.
Users accept and acknowledge that ModestDog may establish, at any time and without prior notice to Users, general and specific practices and policies, as well as limitations concerning the Services, provided that these are published on the Portal, after which they will be applicable to Users.
VIOLATION OF THE USER AGREEMENT.
ModestDog requests that all Users report any violation of the User Agreement or the Specific Agreements as soon as they become aware of it through any type of communication.
LIMITATION OF LIABILITY.
ModestDog cannot in any way guarantee that the Services: (a) meet the appropriate, required, or expected requirements for or by each User; (b) will not be interrupted; (c) will arrive on time; (d) will arrive at a certain level of speed; (e) will be error-free; (f) or that the results obtained from their use will be accurate and/or reliable.
ModestDog does not guarantee that any errors in the Services' software will be or can be corrected in whole or in part, and therefore ModestDog will not be obligated to make any concessions. ModestDog will not be liable for direct, indirect, moral, special, or consequential damages resulting from the use of the Service or the inability to use it.
The price, quality, quantity, and delivery times will be established on the site and may vary without prior notice. Therefore, the conditions in effect at the time of purchase will apply. Likewise, ModestDog is not responsible for timely delivery due to force majeure, weather conditions, road conditions, etc., or for services provided by third parties. Therefore, the user releases ModestDog from any liability.
LEGISLATION.
By accessing ModestDog, the User expressly and irrevocably accepts that this User Agreement, as well as the User's relationship with ModestDog, will be governed by and construed in accordance with the laws of the United Mexican States. In the event of a dispute, the User and ModestDog expressly submit to the jurisdiction of the Courts of the City of Guadalajara, Jalisco. Both Users and ModestDog waive any other jurisdiction that may apply to them based on their current or future domicile.
WAIVER.
ModestDog's failure to exercise or enforce any right or provision of the User Agreement or the Specific Agreements shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by ModestDog.
VALIDITY AND INTERPRETATION.
In the event that any of the provisions of the User Agreement or any of the Specific Agreements is found invalid or unenforceable by a court of competent jurisdiction, both parties agree to request that court or tribunal endeavor to give effect to the parties' intention(s) as reflected in those provisions. However, the other provisions of this User Agreement shall remain in full force and effect.
COMPLAINTS.
Any claim or action arising out of or related to the User Agreement or the use of the Services must be filed within two months immediately following the date on which the event giving rise to the claim or legal action arose, or such right shall be forever lost. The User expresses his or her acceptance of the foregoing, notwithstanding anything established or provided in any legislation to the contrary.