Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF USE (“AGREEMENT“). YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF THE ASCENCION.MX SITE BY ACCESSING ANY SERVICE OR PORTION THEREOF UNDER THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. ASCENCION.MX RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES. THIS AGREEMENT IS NOT INTENDED TO MODIFY THE TERMS AND CONDITIONS OF ANY LICENSE AGREEMENT YOU MAY HAVE WITH ASCENCION.MX, ITS SUBSIDIARIES OR AFFILIATES, AND IN THE EVENT OF ANY CONFLICT, THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT SHALL PREVAIL.
- OWNERSHIP The Site is owned and operated by Alfredo Ascención. All images on the Site are the property of ascencion.mx or its partners/collaborators and are protected by international copyright laws and international treaty provisions. ascencion.mx retains all rights not expressly granted by this Agreement. The license contained in this Agreement will terminate automatically without notice from ascencion.mx if you fail to comply with any provision of this Agreement. Upon termination, you must remove and destroy all materials obtained from the Site, copies and related documentation. In addition, ascencion.mx reserves the right to terminate the Site without notice.
- AUTHORIZED USE ascencion.mx hereby grants you a non-exclusive, limited, non-transferable, revocable license to use and access the Site, subject to the terms of your purchase.
- LINKS TO THIRD PARTY SITES aascencion.mx provides links to third party sites for your convenience. ascencion.mx does not control third party sites or links to third party sites. aascencion.mx is not responsible for the content of any linked site.
- LIMITED WARRANTY ascencion.mx represents that it has the right to enter into this Agreement and has the right to grant this Agreement under these terms. ascencion.mx warrants that the Content will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date you download or receive it. EXCEPT AS NOTED ABOVE, THE CONTENT AND SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ascencion.mx DOES NOT WARRANT THAT THE CONTENT AND SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SITE IS WITH YOU. IF THE CONTENT IS DEFECTIVE, YOU (AND NOT ascencion.mx OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER VENDOR) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
- YOU REPRESENT, WARRANT AND COVENANT THAT:
- You are at least sixteen (16) years old (if you reside in the EU) / eighteen (18) years old (if you reside elsewhere outside the EU) and have the right to enter into this Agreement;
- Your use of the Content and the Site will not violate and/or cause the violation of any rights, including, but not limited to, copyrights, intellectual property rights, trademarks, privacy or any other applicable laws or regulations of any country, state, other governmental entities or third parties;
- The information you provide to ascencion.mx is accurate and truthful, including, without limitation, all credit card information.
- DMCA NOTICE If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, you may notify our copyright agent as provided in the Digital Millennium Copyright Act of 1998 (“DMCA“). To be effective under the DMCA, a notice of claimed infringement must be a written communication provided to ascencion.mx’s designated agent that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ascencion.mx to locate the material; and information reasonably sufficient to permit ascencion.mx to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- DMCA Countermeasure Notices If you believe in good faith that your content was wrongfully removed in response to a copyright complaint, you may send a counterclaim notice to our Designated Agent, as mentioned in Section 6 above, containing the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access was disabled (it is recommended that specific URLs be provided);
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number and e-mail address;
- A statement that (i) you consent to jurisdiction in the Federal District Court for the judicial district in which your address is located.
- Repeater Policy and Take Down Policy ascencion.mx is committed to complying with the DMCA and requires all users of the site to comply as well. To protect the rights of copyright holders.
- INCORRECT PRICES AND INFORMATION ascencion.mx ensures that the information and prices stated on the Site are accurate; however, there are possibilities due to a genuine error that the information of the Content is incorrect or that the Content has an incorrect price, in such a situation ascencion.mx has the right to cancel the transaction and refund the payment, if the transaction has been made.
- SOLUTION LIMITATION
- Cancellation/Expiration: In the event that this Agreement is not terminated, but the subscription period has been cancelled or has expired, you may continue to use the Content you have downloaded until the date of cancellation or expiration, provided that such use is in accordance with the terms of this Agreement, EULA and other relevant license agreements.
- Under no circumstances will ascencion.mx be liable to you for any damages, including, without limitation, lost profits or revenues, lost savings or other special, general, punitive, incidental or consequential damages, arising out of the use or inability to use the Content and the Site, even if ascencion.mx or an authorized ascencion.mx distributor has been advised of the possibility of such damages, or for any claim by any other party.
- INDEMNIFICATION You agree to defend and hold harmless ascencion.mx, its employees, directors and officers, and any other person associated with ascencion.mx, as well as its successors, licensees and assigns, from any and all claims, liabilities, costs, losses, damages or expenses, including attorneys’ fees and expenses, arising from your breach of the foregoing warranty or the terms of this Agreement.
- USO ascencion.mx reserves the right to change and modify the prices of any photo or file, the provision of any associated services and/or tools, the bundling of such services and/or tools, and download sizes without prior notice to you. However, ascencion.mx will always try to notify you of any impending price changes.
- RESTRICTIONS CANNOT:
- use or attempt to use any automated means to download Content and/or access the Site;
- disclose your account details and password to any unauthorized person;
- license, sell, rent, lease, transfer, assign, distribute, host or commercially exploit any portion of the Site, or any content displayed on the Site without the prior written authorization of ascencion.mx;
- modify and/or alter any part of the Site;
- access the Site through any technology or medium other than the technology provided by ascencion.mx;
- use or launch any automated system, including, without limitation, “robots”, “spiders”, or “offline readers” that access the Site in a non-humanly possible manner;
- collect or harvest any personally identifiable information, including Site account names or use the communication systems provided by the Site for any solicitation purposes;
- solicit, for commercial purposes, any user of the Site with respect to your content on the Site.
- FAIR USE ascecnion.mx may, in its sole discretion, restrict and/or disable any person or entity from using the Site if it determines that such use adversely affects the behavior of the Site and/or the performance of the servers.
- TERMINATION ascencion.mx reserves the absolute right to block, restrict, suspend and/or terminate your access to the Site or any part thereof, and/or the Content at any time without notice or liability to you.
- LEGAL EXPENSES If ascecnion.mx has to go to court to enforce its rights or collect any fees, you agree to reimburse ascencion.mx for its legal fees, costs and disbursements if ascencion.mx is successful.
- You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and ascencion.mx, superseding any prior proposal or agreement, oral or written, and any other communication between you and ascencion.mx relating to the subject matter of this Agreement. The explanations to the FAQ and other explanations and content provided on the Site are for your information only and are not, and shall not be construed as, part of this Agreement.
- SEVERABILITY If any provision of this Agreement is declared void or invalid, that fact shall not affect any other provision, and the remainder of this Agreement shall be construed to approximate as nearly as possible the intentions of the parties.
- PRIVACY POLICY We only use your information as described in the Privacy Policy which is incorporated into this Agreement by reference. You further agree that by your continued use of the Site, you accept the terms of this Agreement and the Privacy Policy. If you do not agree to your information being used in the manner indicated in our Privacy Policy, please refrain from using the service(s) provided by the Site.
- Last update: November 24, 2023