Terms of Use

July 12, 2023

 

Terms and Conditions

 

This website is operated by Gabriela Issa Chacón for the project commercially known as Trazo Sacro (“Trazo Sacro” or the “Author”).

 

These terms of use (“Terms”) govern the access, browsing and use by the users (“User” or “Users”, as applicable) of https://www.https://trazosacro.com/, including any of its subdomains and/or sections (“Website” or “Platform”); as well as the services rendered through the Website (“Service” or “Services”, as applicable) which include the download and use of certain content.

 

Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms, the User must not use the Website.

 

The Author may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.

 

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by the Author or by third parties. Such specific conditions shall apply in addition to the Terms and, in case of conflict, shall supersede the Terms. Accordingly, the User must read and accept such specific conditions before the provision of the relevant Service.

 

1. Services Offered

 

Through the Website, it is offered to the User visual content, like vectors and illustrations. The Services may offer contents owned by the Author (“Trazo Sacro Own Content”). Trazo Sacro Own Content can be downloaded through the Website.

 

2. Authorized Use

 

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased the content or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Author and the obligation for the User to indemnify the Author for all damages suffered as a result of the User’s breach of this undertaking, without the right of reimbursement of any of the amounts paid.

 

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties.

 

The User undertakes not to use the visual material obtained from our Platform for offensive, defamatory, obscene, abusive, illegal purposes, or that in any way could harm good customs and morality. This includes, but is not limited to, the prohibition of using the audiovisual material to generate or propagate hate content, discrimination, harassment or violence against individuals or groups, based on race, religion, gender, age, nationality, disability, sexual orientation, or any other characteristic or circumstance protected by law.

 

The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Author. The use of robots, spiders or any other mechanism, mobile application, program, or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website, or which infringes the Author’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Author or which is not the ordinary method of accessing the Website is also strictly prohibited.

 

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

 

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express, and written consent from the Author.

 

When providing the Services, the Website can publish advertising either related or not to the contents displayed or the Services, which is expressly accepted by the User.

 

3. Content

 

The Services allow Users to search for content that may result in Trazo Sacro Content and Sponsored Content, according to his or her preferences, and download such Trazo Sacro Content.

 

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Author as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.

 

3.1. Sponsored Content

 

Regarding Sponsored Content, the Website’s role is limited to displaying content offered by the sponsored website with which the Author has reached an affiliation agreement or similar. Therefore, the Author will display a link to the sponsored website which offers the Sponsored Content, together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a frame corresponding to the Website, which can be removed by the User at any time.

 

The Author is not the provider of the Sponsored Content and does not present itself as owner of such contents.

 

The Author does not select, examine, control, guarantee, approve, sponsor, or identify itself in any form with the Sponsored Content displayed to the Users according to their preferences. The Sponsored Content are the sole responsibility of the third parties that make them available to the public over their own websites or Internet.

 

The User will be able to access the corresponding third party sponsored websites and download Sponsored Content under the terms and conditions established by such third parties. The Author shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of Sponsored Content.

 

The Author is not a party and does not take part in the relationship between the User and the third party that offers the Sponsored Content, and it is not directly or indirectly responsible for the performance, omissions, errors, negligence, or breaches of the Users or such third parties. Any claim from the Users regarding the Sponsored Content must be addressed to the relevant third parties through the linked website.

 

3.2. Trazo Sacro Own Content

 

Trazo Sacro Own Contents are offered under the conditions stated from time to time on the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.

 

 

4. Liability

 

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Author does not accept any responsibility for misuse or use in breach of these Terms.

 

The User will be responsible for any damages to the Author resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Author and its directors, employees, agents, and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.

 

The Author does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

 

As way of example and without limitation, the Author shall not be liable for any damages that may result from:

 

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Author’s responsibility.

 

• Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.

 

• Third-party actions.

 

• Unavailability of the Website and the Services due to maintenance or software updates.

 

• Any other event beyond the Author’s direct control.

 

Except for the Author’s willful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the Author shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.

 

In accordance with Section 3 above regarding Sponsored Content, the Author exclusively limits itself to the provision of links to the content provided by the Author that owns the Sponsored Content, based on the Users’ preferences, without assuming any responsibility for search results.

 

The insertion of links in the Services does not imply any relationship, recommendation, or supervision by the Author of the linked website and, accordingly, the Author does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by the applicable law.

 

The Author will make reasonable commercial efforts to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or equivalent. However, the Author neither warrants nor makes any representation regarding any keyword, title or description, or the identification or lack of identification of any content as exclusively for editorial use. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Author shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles, or descriptions, or from the use of the visual content identified as exclusively for editorial use.

 

5. Intellectual Property

 

All intellectual property rights over the Website, the Services, and/or the Trazo Sacro Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, etc.) belong or are licensed to the Author.

 

Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Trazo Sacro Content, or any of its parts, is strictly forbidden.

 

The Sponsored Content is/could be/will be protected by intellectual property rights, as appropriate, and belong to their owners. Regarding the Sponsored Content, although the Services can locate and provide access to these contents, its download and use is subject to the conditions set by the relevant third party. The Author is not the owner and cannot grant any license or authorization in relation to Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Sponsored Content, which are stated in the relevant website, from which the User will be able to download the Sponsored Content.

 

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Author as set forth in these Terms.

 

6. License Agreement for Trazo Sacro Content

 

The Author authorizes the User to download and use the Trazo Sacro Content under the terms of this Section (see Section 3 in relation to Sponsored Content). The Author and its licensors reserve all rights over the Trazo Sacro Content not expressly granted in this license to the User.

 

Subject to the fulfillment of these Terms, the Author authorizes the User in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the Trazo Sacro Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

 

The User may use the Trazo Sacro Content (including any derivative work), either using the Trazo Sacro Contents in its entirety or using only some or some of its elements, either using the Trazo Sacro Contents without modification, combining them with other contents or having previously modified them, being the license granted with respect to the Trazo Sacro content, provided that it:

 

• Does not involve collective use;

 

• The Trazo Sacro Content is not used in a manner that suggests an association or endorsement of any kind by the Author or the Website;

 

• The Trazo Sacro Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website;

 

• Does not resell, assign, transfer or sublicense the Trazo Sacro Content or any derived work from the Trazo Sacro Content;

 

• Does not use the Trazo Sacro Content in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the Trazo Sacro Content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element);

 

• Does not use the Trazo Sacro Content (totally or partially) in any trademark, or part of the same, which may be used by any other means to guarantee or to imply a guaranty of any product and/or service, unless the Trazo Sacro Content used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original Trazo Sacro Content or implies a use of the Trazo Sacro Content as a template or test, and not as a final item or material;

 

• Does not use the Trazo Sacro Content (including any caption information, title, keywords, or other metadata associated with the Trazo Sacro Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.

 

• Does not make any use of the Trazo Sacro Content which might be considered defamatory, libelous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the Trazo Sacro Content in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and;

 

• Does not make any use of the Trazo Sacro Content to slander, libel or to vilify a person, race, sex, culture, sexual orientation, religion, country, region, town, village or any other place, or any other human group.

 

When any Trazo Sacro Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events, or images taken in places where recognizable persons appear in the background, the User shall only be entitled to use it for such editorial use. In such cases, the User undertakes not to use that content in any manner that entails any connection with any business activity, the use in economic traffic or advertising, marketing or commercialization of any product or service. The User shall be directly liable, and the Author shall not assume any liability as a result of the use for commercial purposes by the User of any content belonging to the Trazo Sacro Content, which according to this paragraph should be for editorial use only.

 

In order to benefit from the Service or to use the Trazo Sacro Content without acknowledging the Author/Website, the User must purchase the Trazo Sacro Content (hereinafter, the “Purchased Content”) on the Website and download the Trazo Sacro Content during the term of any such Purchased Content. Conditions in Section 7 shall apply to the purchase of the Purchased Content.

 

As a general rule, it is forbidden for a User to authorize any third parties to use the Trazo Sacro Content (or any modification of any content in the Trazo Sacro Content). As an exception to the prohibition, the User may allow third parties to use the Trazo Sacro Content, when each and every of the following conditions are met:

 

• The third party has professionally instructed the User to produce goods or provide services to it/him/her and the User uses a limited number of items within the Trazo Sacro Content to produce such goods or provide such services to the instructing third party;

 

• The authorization granted by the User to the third party is in writing and complies with every restriction of the User’s authorization to use the relevant Trazo Sacro Content and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant content in the Trazo Sacro Content (i.e., the third party is the final user of the relevant content in the Trazo Sacro Content);

 

• None of the contents in the Trazo Sacro Content which are subject to the authorization are used as the main element (because of size, relevance or any other cause; in case of doubt about whether the content is the main element, it shall be deemed as the main element) in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold by the third party;

 

• The production of goods or provision of services by the User to the third party is not done by automatic means, it is tailor-made for the third party (and therefore its use is not authorized by the User to any other third party) and requires a specific substantial human intervention from the User in relation to each third party; and

 

• The User -and not the third party- chooses the specific items within the content of the Trazo Sacro Content to be used in the production of goods or provision of services for the third party.

 

When all of the above conditions are met, the User shall be entitled to authorize a third party to use the relevant content in the Trazo Sacro Content. This exception refers only to the prohibition for the User to authorize third parties to use the content in the Trazo Sacro Content without affecting or limiting in any way the remaining conditions of the User’s right to use the Trazo Sacro Content. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the content in the Trazo Sacro Content are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.

 

The User does not acquire any right as a result of the use of the content in the Trazo Sacro Content. In particular, the User is not authorized to distribute, resell, or rent any content in the Trazo Sacro Content (or any modification of any content in the Trazo Sacro Content).

 

The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Trazo Sacro Content and will destroy every copy, whether total or partial, thereof.

 

7. Conditions for the Purchased Content Subscription

 

The terms in this Section (“Purchased Content Terms”) govern any purchase of the Purchased Content on the Website.

 

For the avoidance of doubt, the Purchased Content Terms are additional to the Terms which will continue to apply to Users who have acquired a Purchased Content unless it is expressly provided otherwise in relation to specific provisions in the Purchased Content Terms.

 

These Purchased Content Terms are available to the User before the purchase of the Purchased Content and may be stored or reproduced on a durable medium.

 

The Purchased Content are offered on the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Author can modify the Purchased Content offered at any time, offering with new Services (to which, unless otherwise stated, these Purchased Content Terms shall apply) or ceasing to offer any of the Services. The Purchased Content are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Trazo Sacro Content (including as third parties, for these purposes, affiliates, or entities part of the same group of companies).

 

The price for the Purchased Content is stated in the relevant currency on the Website and includes, if applicable, the relevant Value Added Tax. The Author is entitled to modify the price for any Purchased Content at any time. The Author shall apply the price stated on the Website at the time of the submission of the Purchased Content order by the User.

 

The User shall pay the Purchased Content in advance through PayPal, credit/debit card or any other valid payment method offered by the Author, as stated on the Website. To purchase and pay the Purchased Content, the User shall follow the instructions stated on the Website. The processing of the payment information and data through PayPal or credit/debit card is made within third-party sites. When ordering any Purchased Content, the User authorizes the Author to collect the corresponding price through the chosen payment method. The Purchased Content shall not be delivered until the Author has received the payment or the payment has been authorized by the relevant financing entity. After that, the Purchased Content shall be in force for the term purchased by the User.

 

Once the User purchases the Purchased Content, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.

 

8. Changes and Closure of the Website

 

The Author may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Author will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law.

 

9. General and Contact Information

 

The use of the Website and the Services and the interpretation and application of these Terms shall be governed by the laws of Mexico. Except for those cases in which the applicable law imposes a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Chihuahua, Chihuahua, Mexico, and the parties expressly waive any other applicable jurisdiction.

 

If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.

 

You may contact the Author for any query or claim in trazosacro@proton.me