DINKcard Terms and Conditions 

A) Terms

A.1 DINKtravelers

1. Agrees to publish an advert of the Participating Company on DINKtravelers' website

2. Agrees to add to DINKtravelers' website a link to the Participating Company's website           

3. Agrees to publicize the Participating Company on DINKtravelers' social networks and website

4. Agrees to publish the Participating Company's advert in all the languages DINKtravelers uses on its website

A.2 Participating Company

1. Agrees to offer a year-round valid benefit to clients who present their DINKcard or voucher either in print or electronic format

2. Authorizes DINKtravelers to use the Participating Company's logo, location and contact information, its web address and descriptive information to promote said company

3. Authorizes DINKtravelers to publish the advert in DINKtravelers' social networks, e-mails and website

B) Conditions

1. This agreement will be valid from July 1st 2016 onwards. From that day on, the Participating Company and DINKtravelers commit to honoring this agreement

2. The agreement will be valid until one of the parties chooses to end it

3. If there is any intention of ending this commercial agreement, both parties commit to giving notice to the other party THREE MONTHS prior to ending the agreement  

4. The Participating Company may change the benefit they offer to clients who have a DINKcard or voucher as many times as desired, but it must give notice to DINKtravelers THREE MONTHS prior to doing so

5. Both parties agree that the information used for the development of this agreement is strictly confidential and can't be shared without previous notice and consent from both parties

6. By sending this form to any DINKtravelers e-mail address containing the domain dinktravelers.com the Participating Company manifests its agreement with the terms and conditions established here                                                                                                          

 

Terms and Conditions for the Use of this Website

The following terms and conditions (the “Terms and Conditions”) regulate the use you’ll give the website www.dinktravelers.com (the “Website”) and any of the contents available on or through this Website, including any content that derives from it. Gestores Culturales Ramsa (“RAMSA” or “We”) has put this Website at its disposal. We can change the Terms and Conditions at any moment without prior notice, by simply publishing the changes on the Website. BY USING THIS WEBSITE YOU ACCEPT THAT YOU AGREE WITH THESE TERMS AND CONDITION IN ALL THAT REFERS TO THE USE OF THIS WEBSITE. If you don’t agree with these Terms and Conditions, you may no access the Website or use the Website in any other way.

  1. Copyright. Ramsa is the only and exclusive owner of the rights to all titles, content (including, for example, audio, photography, illustrations, graphics, other visual contents, videos, copies, texts, software, titles, shock wave archives, etc.) codes, data and materials used in the Website, as well as the appearance, environment, design and organization of the Website, the compilation of contents, codes, information and materials used in the Website, including but not limited to, authors copyright, brand copyright, patent rights, database rights, moral rights, sui generis rights and other intellectual property, property rights and, in general, the whole Website. The use of this Website does not grant any type of property of content, codes, data or materials to those who have access to it or to those who visit it.

  2. Limited License. You may (i) access and read/watch the content found in this Website from your computer or any other electronic device, and unless you are told otherwise in these Terms and Conditions or in the Website, you may (ii) copy or print single pieces of the information contained in this Website for personal and internal use only. Therefore, the use of this Website and of the services that are offered in or through the Website is intended for your personal, non-commercial use.

  3. Prohibited Use. Any distribution, publication or commercial or promotional exploitation of this Website or of any of the contents, codes, data or materials found in the Website is strictly prohibited, unless you have received previous permission, in written form, from an authorized representative of Ramsa or from another applicable right holder. Unless it’s done as established in the present agreement, you may not download, inform, exhibit, publish, copy, reproduce, distribute, transmit, modify, execute, promote, transfer, create derived works from, sell or exploit in any other way any of the contents, codes, data or material found in or available through this Website. You also agree not to alter, edit, erase, take or change in any way the meaning or appearance of, or change the purpose of, any of the contents, codes, data or materials found in or available through the Website, including but not limited to the alteration or withdrawal of any commercial brand, registered brand, logo, service brand or any other content of property of notification of copyright. You acknowledge that you do not acquire any ownership by downloading any copyrighted material or through the Website. If you make any other use of this Website or of the contents, codes, data or materials found in it or available through it, unless you do it as established before, you may infringe copyrights laws and other laws of the United Mexican States (“Mexico”) and of other countries, as well as applicable state laws, and you may be subject to a personal legal responsibility for their unauthorized use.

  4. Commercial Brands. The commercial brands, logos, service brands, trademarks (jointly, “Commercial Brands”) exhibited in this Website or in the contents available through this website that are registered and not registered Commercial Brands by Ramsa, as well as others, may not be used for products and/or services that are not related, associated or sponsored by their right holders and that may cause confusion in customers, or that may defame or discredit its right holders. All Commercial Brands that don’t belong to Ramsa and appear in the Website or through the Website’s services, if any, are the property of their rightful owners. Nothing that is published or used in this website must be interpreted as given, implied or dismissed, or in any other way, as a right or license to use any Commercial Brand exhibited in the Website without the permission from Ramsa, in written form, or the permission of third parties that may own said Commercial Brand. The inappropriate use of the Commercial Brands exhibited in the Website or through any of the Website’s services is strictly prohibited.

  5. User Information. Throughout the use you give the Website and/or the services you are offered in or through the Website, you may be asked to provide certain personal information (hereafter “User Information”). The policies of use and collection of information by Ramsa in relation with the privacy of said User Information are established in the Privacy Policy of this website, which is incorporated to this agreement as reference for all purposes. You acknowledge and accept being solely responsible for the accuracy of the content provided as User Information.

  6. User Account. If you have a user account in DINKtravelers’ Website, you will protect your account information and you will supervise and be fully responsible for the use of said account any other person who is not you may give it. You declare that you are 13 years or older in order to register a user account and participate in our website. Ramsa does not knowingly accept any information from any person younger than 13 years of age. We reserve the right, to our own criteria, to deny access to any person to this Website and to the services we offer, at any moment and for any reason, which includes, among others, violating this agreement.

  7. Presented Materials. Unless we specifically request it, we do not ask or wish to receive any confidential, secret or patrimonial information about you through our Website, e-mail or any other way. Any information, creative work, demonstration, idea, suggestion, concept, method, system, design, plan, technique or other materials that you have sent or presented (including, for example and not limited to, that which you present or send our chat groups, message boards and/or our blogs, or that you send via e-mail) (“Presented Materials”) will be considered as non confidential or secret and may be used by us in any way that is consistent with the Website’s Privacy Policy. By presenting or sending Presented Materials, you: (i) represent and guarantee that the Presented Materials are originally yours, that no other person has any right on them, and that any “moral right” on the Presented Materials has been waived, and (ii) you grant us and our affiliates, royalty free, without restriction, worldwide, perpetual, irrevocable, non exclusive and completely transferable rights and licenses that can be relinquished or sublicenses, to use, copy, reproduce, modify, adapt, publish, translate, create works derived from, distribute, execute, exhibit and incorporate in other works and of the Materials Presented (as a whole or in part) in any form, means or unknown technology or technology that is to be developed, including promotional and/or commercial purposes. We cannot be responsible for preserving and Presented Material provided by you and we may erase or destroy said Presented Material at any moment.

  8. Forbidden User Behavior. You guarantee and agree in that, while using the Website and the diverse services and articles offered in or through the Website, you will not: (a) impersonate another person or entity or distort your affiliation to any other person or entity; (b) upload your own promotional material, brand advertisement or any other promotional content or that of a third party in any of the contents, materials or services or materials of the Website, and you will not use, redistribute, republish or exploit said contents or services with any other additional commercial or promotional purpose; nor (c) try to gain unauthorized access to other computer systems through the Website. You will not: (i) participate in net surfing, “screen scraping”, “database scraping”, gathering e-mail addresses, wireless addresses or any other personal or contact information, or any other automatic way of getting user lists or other information belonging to or through the Website or the services offered in or through the Website, including but not limited to, any information that is found in any server or database related with the Website or the services offered in or through the Website; (ii) obtain or try to obtain unauthorized access to computer systems, materials or information by any means; (iii) use the Website or the services offered in or through the Website in any way with the intention of interrupting, damaging, disabling, overloading or deteriorating the website or said services, including, but not limited to sending unsolicited massive messages or “flooding” servers with requests; (iv) use the Website or the services or articles found in the Website in violation of intellectual property or  other legal rights or patrimonial rights of Ramsa or of any third party; nor (v) use the Website or the services offered in or through the Website in violation of any applicable law. Also, you commit to not intending to (or promoting or helping someone else’s attempt) trick, destroy, decode or in any other way alter or interfere with the Website or the Website’s services, or with any of its contents, or make any unauthorized use of it. You agree not to use the Website in any way that could harm, disable, overload or deteriorate the Website or interfere with any other person wanting to use or enjoy the Website or any of its services. You will not obtain or try to obtain any material or information through any means that have not been stipulated or offered to the public willingly through the Website.

  9. Debate Forums. Ramsa may, from time to time, have messenger services, chat services, news forums, blogs, other forums and other services available in or through the website. Apart from any other rules and regulations we can publish in relation to any given service, you agree not to upload, inform, transmit, distribute or any other way publish through the Website or any service or article put at your disposal or through the website, any material that (i) restricts or impedes any other user from using and enjoying the Website or the Website’s services, (ii) is a fraud, illegal, threatening, abusive, harassing, libelous, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or alienates conducts that could constitute a criminal offense, provoke civil liability or in any way violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights or third parties including but not limited to author copyright, commercial brands, commercial secrets, confidentiality, contracts, patents, privacy rights, advertisement or any other property right, (v) contains a virus, element for espionage or another harmful component, (vi) contains fixed links, advertisement, chain mail or pyramidal graphics of any kind, or (vii) constitutes or contains false or deceiving indications of origin, endorsements or statements. Also, you agree not to impersonate any other person or entity, whether real or fictitious, including any members of Ramsa. You may not offer to buy or sell any product or service in or through the comments you publish in our debate forums. You are solely responsible for the content and consequences of any of your activities.

  10. Monitoring Right and Editorial Control. Ramsa reserves the right, but is not obliged, to monitor and/or revise all the materials sent by users to the Website or through the services or articles belonging to the Website, and Ramsa is not responsible for said materials sent by users. However, Ramsa reserves the right to, at any moment, distribute any information it deems necessary in order to abide by any law, policy or government request, or to edit, refuse to publish or eliminate any information or material, as a whole or in parts, that Ramsa deems reprehensible or that violate these Terms and Conditions of Use, Ramsa’s policies or the applicable law. We can also impose limits on certain articles included in the forums or restrict your access to some or all the forums without previous notification or sanction, if we consider that you are not abiding by the regulations established in this paragraph, in our Terms and Conditions or the applicable law, or for any other reason, without notification or responsibility.

  11. Private or Delicate Information in Public Forums. It’s important to remember that all the comments presented in a forum may be registered and storage in multiple places, both in our Website and in other areas of the Internet, and they may become accessible for a long time without having control over who will eventually read them. Therefor, it’s important that you mind and select the personal information you publish about yourself and others, and in that sense, you must not publish delicate, personal or confidential information in the comments you write in our public forums.

  12. Links on our Website. You agree that if you include a link of any other website in our Website, said link will open in a new window and will link to the complete version of a formatted HTML page of this Website. You are not allowed to link directly to any image stored in this Website or in our services by using an “on-line” linking method that causes our stored image to be exhibited in another website. You agree not to download or use the images stored in this Website or in another website with any purpose, including, but not limited to, publishing said images in another website. You agree not to link to this Website from another website in such a way that the Website or any other page that is part of this Website is “framed”, surrounded or clouded by the contents, materials or brand advertisements of any third party. We reserve all our rights under the law to insist that any link to our Website be discontinued and to revoke your right to link to the Website from any other website, at any moment in which we send a notification in written.

  13. Compensation. You agree to compensate, set free and hold harmless Ramsa and its subsidiary companies of any lawsuit, responsibility, cost and expense of any nature, including lawyer fees, that it could pay resulting from the use of the Website, its placement or the transmission of any message, content, information, software or other materials through the Website, or the noncompliance or violation of the law or of these Terms and Conditions. Ramsa reserves the right, at its own cost, to obtain the defense and exclusive control of any matter that would otherwise be subject to compensation from its part, and in said case, you agree to cooperate with Ramsa in the defense of said lawsuit.

  14. Products and Services Orders. We may offer certain products to our visitors and to the people who have subscribed to the Website. If you order any product, you admit and guarantee through this document that you are 18 years of age or older. You are obliged to pay the total amount of the prices set for any article you purchase, either with credit or debit card according to your online order or with any other accepted form of payment established by Ramsa. You are obliged to pay all applicable taxes. If we don’t receive the payment from the bank institution that issued your credit or debit card or from your agents, you agree to pay all the due amounts as soon as we make the claim. Some products that you shop and/or download through the Website may be subject to additional terms and conditions that you will be presented at the moment you make said purchase or download.

  15. Third party Websites. You may link the Website to third party websites and third parties may link to the Website (“Linked Websites”). You acknowledge that you agree that we are not responsible for the information, content, products, services, advertisements, codes or other materials that may or may not be provided by or through the Linked Websites, even if they are property of or are directed by our affiliates. The links to Linked Websites do not constitute a guarantee, sponsor or recommendation of that website. Ramsa rejects any responsibility over the links (1) of another website to this Website and (2) to another website from this Website. Ramsa is unable to guarantee the standards of any website whose link is found in this Website, and Ramsa will not be responsible for the contents found in said sites, or for any subsequent link. Ramsa does not represent or guarantee that the contents of a third party website are accurate, that they abide by the state or federal law, or that they abide by the laws of author copyright or the laws of intellectual property. Ramsa is also not responsible for any way of transmission received from any linked website. Any trust you put on the contents of a third party’s website is under your own risk and you assume all the responsibilities and consequences that result from said trust.

  16. Copyright Agent. In case any User or third party considers that any of the Contents has been introduced in the Portal violating their intellectual property they must send an email to Ramsa containing the following elements: (a) personal information: name, address, phone number and email address of the claimant; (b) authentic form or equivalent, with the intellectual property rights owner’s personal data that was supposedly infringed or of its authorized representative appointed to act in the name of and on behalf of the intellectual property rights supposed holder; (c) precise and complete indication of the Contents protected by intellectual property rights that were supposedly infringed, as well as their location in the Portal; (d) explicit and clear statement that the introduction of said Contents has been made without the holder’s consent under the responsibility that the claimant that the information provided in the notification is accurate and that the introduction of the contents constitutes a violation of their intellectual property rights. These notifications must be sent to the email address legal@dinktravelers.com. Please include the subject: “Violation of Author Copyright”.

  17. The provided email is to be used for topics related with the violation of author copyright. Any other topic including complaints, questions or costs will not be dealt with through this process. If in the email and information provided we found that someone’s intellectual property is being violated, Ramsa will immediately suspend public access to said information and will put it at the owner’s disposal.

  18. WAIVER OF WARRANTIES. THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL THE SERVICES, CONTENTS, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS THEY ARE”, “AS THEY ARE SHOWN”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, DATA, DATA PROCESSING SERVICES, AND UNLIMITED OR UNINTERRUPTED ACCESS WARRANTY, ANY WARRANTY REGARDING AVAILABILITY, INTERPRETABILITY, NON INTERPRETABILITY, PRECISENESS, ACCURACY, RIGHTFULNESS, PERFECTION, CONCLUSION, USEFULNESS OR CONTENT OF THE INFORMATION, AND ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WE RENOUNCE THROUGH THIS DOCUMENT TO ANY AND TO ALL SAID WARRANTIES, EXPRESSED OR IMPLIED. WE DO NOT GUARANTEE THAT THE WEBSIDE OR SERVICES, CONTENTS, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE OPPORTUNE, SAFE, UNINTERRUPTED OR FREE OF ERROR, OR THAT THE ERRORS WILL BE CORRECTED. WE DO NOT GUARANTEE THAT THE WEBSITE OR THE SERVICES PROVIDED WILL ABIDE BY THE USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, BOTH IN WORDS OR IN WRITTEN, THAT YOU OBTAIN FROM US THROUGH THE WEBSITE WILL CREATE ANY GUARANTEE THAT HAS NOT BEEN EXPRESSLY STATED IN THE PRESENT DOCUMENT. ALSO, RAMSA DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT HELD RESPONSIBLE FOR ANY DAMAGE OR ANY VIRUS THAT MIGHT INFECT YOUR EQUIPMENT AFTER ACCESSING, USING OR SURFING THE WEBSITE OR FOR DOWNLOADING ANY OF THE MATERIALS, DATA, TEXTS, IMAGES, VIDEO CONTENTS OR AUDIO CONTENTS OF THE WEBSITE. IF YOU ARE NOT SATISFIED WITH THE WEBSITE, YOUR ONLY SOLUTION IS TO DISCONTINUE USING THE WEBSITE. WE TRY TO MAKE SURE THAT THE INFORMATION PUBLISHED IN THE WEBSITE IS ACCURATE AND UPDATED. WE RESERVE THE RIGHT O CHANCE OR MAKE CORRECTIONS TO ANY PIECE OF INFORMATION PROVIDED IN THE WEBSITE AT ANY MOMENT AND WITHOUT PREVIOUS NOTICE. RAMSA DOES NOT VALIDE OR IS RESPONSIBLE FOR THE ACCURACY OR VERACITY OF ANY OPINION, ADVICE OR STATEMENT FOUND IN THE WEBSITE OR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, ILLEGAL OR VIOLATING PUBLICATION  MADE TRHOUGH THE WEBSITE BY ANY PERSON UNLEZ IT’S A SPOKESPERSON AUTHORIZED BY RAMSA IN ITS OFFICIAL CHARACTER (INCLUDING, BUT NOT LIMITED TO, OTHER WEBSITE USERS). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, CONCLUSON OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK PROFESSIONAL ADVICE ACCORDINGLY REGARDING THE ASSESSMENT OF ANY PIECE OF INFORMATION, OPINION, ADVICE OR OTHER SPECIFIC CONTENT, INCLUDING BUT NOT LMITED TO, INFORMATION, OPINION, ADVICE OR OTHER TRAVEL, HEALTH OR LIFESTYLE CONTENT. WITHOUT LIMITING THE FOREGOING, RAMSA AND ITS AFFILIATES, PURVEYORS AND PEOPLE WHO GRANT LICENSES DO NOT OFFER WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCT OR SERVICE SHOWN OR PRESENTED THROUGH THE WEBSITE AND PRESENTLY RENOUNCE, AND YOU PRESENTLY WAIVE ANY AND ALL WARRANTIES AND REPRESENTATIONS DONE IN THE LITERATURE INCLUDED IN PRODUCTS OR SERVICES, FREQUENTLY ASKED QUESTIONS FOUND IN DOCUMENTS AND IN ANY OTHER WAY IN THE WEBSITE OR IN CORRESPONDENCE WITH RAMSA OR ITS AGENTS. ANY PRODUCT OR SERVICE ORDERED OR PROMOTED THROUGH THE WEBSITE IS PROVIDED BY RAMSA “AS IT IS”, EXCEPT TO THE DEGREE, IF CASE IS GIVEN, OF BEING OTHERWISE ESTABLISHED IN WRITTEN IN A LICENSE OR PURCHASE CONTRACT CELEBRATED SEPARATELY BETWEEN YOU AND RAMSA OR YOUR SUPPLIER OR THE PERSON WHO GRANTS THE LICENSE.

  19. LIMITATION OF LIABILITY. IN NO CASE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL RAMSA OR ANY OF ITS DIRECTORS, AUTHORITIES, EMPLOYEES, AGENTS OR SUPPLIERS BE RESPONSIBLE FOR THE CONTENT OR THE SERVICES (JOINTLY, THE “PROTECTED ENTITIES”), OF ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RESULTING, UNIQUE OR PUNITIVE DAMAGE THAT RESULTS FROM OR IS DIRECTLY OR INDIRECTLY RELATED WITH THE USE OF, OR THE INCAPACITY TO USE THE WEBSITE OR THE CONTENTS, MATERIALS AND FUNCTIONS RELATED WITH IT, THE INFORMATION PROVIDED THROUGH THE WEBSITE, LOST OR BUSINESSES OR LOST SALES, EVEN WHEN SAID PROTECTED ENTITY HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SAID DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR INDIRECT DAMAGES SO SOME OF THE AFOREMENTIONED LIMITATIONS DO NOT APPLY TO SOME USERS. IN NO CASE WILL THE PROTECTED ENTITIES BE RESPONSIBLE FOR OR RELATED WITH THE PUBLISHED, TRANSMITTED, EXCHANGED OR RECEIVED CONTENT BY OR IN NAME OF ANY USER OR OTHER PERSON IN OR THROUGH THE WESITE. IN NO CASE WILL THE TOTAL SUM OF RESPONSIBILITIES OF THE PROTECTED ENTITIES FROM YOU FOR ALL THE DAMAGES, LOSSES AND CAUSES OF LEGAL ACTION (EITHER BY CONTRACT OR DAMAGE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) THAT RESULT FROM THE TERMS AND CONDITIONS OR THE USE YOU GIVE THE WEBSITE WILL EXCEED IN TOTAL THE AMOUNT, IF ANY, THAT YOU WILL PAY RAMSA FOR THE USE OF THE WEBSITE OR THE PURCHASE OF PRODUCTS THROUGH THE WEBSITE.

  20. Photosensitive Epileptic Seizures. A very small percentage of people may have a seizure after being exposed to certain visual images including lights or flashing drawings that may appear in videogames or in other electronic contents or online. Even people who do not have a history of seizures or epilepsy may suffer from an undiagnosed condition that may cause these “photosensitive epileptic seizures” while watching videogames or other electronic contents. Said attacks include a variety of symptoms including dizziness, light-headedness, confusion, momentary loss of consciousness, frayed nerves in eyes or face, altered vision or involuntary jerks or shaking of arms or legs. If you experiment any of these symptoms or if you or your family have a history of seizures or epilepsy, stop using the Website and consult your physician.

  21. Validity. The Website’s service and other Services have an indefinite duration. However, Ramsa may end, suspend or interrupt the Website services and/or any other Services (including Services Open for Users) at any moment and without needing to give previous notice.

  22. Applicable Law and Jurisdiction. For the interpretation, effectiveness and execution of these Terms and Conditions of Website Use, Ramsa and the User agree to submitting to the jurisdiction of the courts located in Mexico City, renouncing the jurisdiction which for reasons of their address may correspond now or in the future, or that for any other reason may correspond to them and that they shall be governed by the provisions that are applicable to the Mexican laws. 

Last updated: June 1st, 2016