Terms of Use

Effective January 2017

Description of Living Mexico Survivor Guide and Acceptance of Terms of Use
Welcome to Living Mexico Survivor Guide

Living Mexico Survivor Guide updates the site and its services for your personal enjoyment and entertainment. By visiting the Site (whether or not you are a registered member) or using Living Mexico Survivor Guide, you accept and agree to be bound by this Terms of Use Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. Living Mexico Survivor Guide may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or Living Mexico Survivor Guide services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of Living Mexico Survivor Guide services immediately. You may receive a copy of this Agreement by emailing us at: info@livingmexicosurvivorguide.com Subject: Terms of Use Agreement. Your access to and use of certain Living Mexico Survivor Guide services may require you to accept additional terms and conditions applicable to such Living Mexico Survivor Guide services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND Living Mexico Survivor Guide UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND Living Mexico Survivor Guide WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.

Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify Living Mexico Survivor Guide immediately if you suspect any unauthorized use of, or access to, your account or password.
Termination:This Agreement remains in full force and effect while you use Living Mexico Survivor Guide services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing info@livingmexicosurvivorguide.com. Subject: Terminate My Account. Living Mexico Survivor Guide may terminate your account and/or access to Living Mexico Survivor Guide services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to Living Mexico Survivor Guide services is terminated, this Agreement will remain in effect. You agree that your account is non – transferable and any rights to your account terminate upon your death.
Purchasing Site Services or Products: If you purchase any service or product on the Site, (“Site Product”), you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third party company (or companies) selected by, but not affiliated with, Living Mexico Survivor Guide (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.
Living Mexico Survivor Guide makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Living Mexico Survivor Guide provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Living Mexico Survivor Guide will in no way be responsible or liable to you for any such breach.
Living Mexico Survivor Guide will not store any record of Personal Financial Information related to purchases or other transactions you make through Living Mexico Survivor Guide Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Living Mexico Survivor Guide Content: The Living Mexico Survivor Guide site contains information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of Living Mexico Survivor Guide. Living Mexico Survivor Guide content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Living Mexico Survivor Guide, Living Mexico Survivor Guide owns and retains all rights in Living Mexico Survivor Guide content and its Living Mexico Survivor Guide Services. You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Living Mexico Survivor Guide services.
Except as explicitly and expressly permitted by Living Mexico Survivor Guide, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on – line postcards, montages, mash – ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Living Mexico Survivor Guide Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web – based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo – filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from Living Mexico Survivor Guide. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Living Mexico Survivor Guide by emailing: info@livingmexicosurvivorguide.com. Subject: Content Request.
Your Use of Living Mexico Survivor Guide Services: The Living Mexico Survivor Guide Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from Living Mexico Survivor Guide. Living Mexico Survivor Guide reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with Living Mexico Survivor Guide Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with Living Mexico Survivor Guide Services. You understand that Living Mexico Survivor Guide does not control the User Content posted by users via Living Mexico Survivor Guide Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Living Mexico Survivor Guide assumes no responsibility or liability for this type of Content. If you become aware of misuse of Living Mexico Survivor Guide Services, please report this immediately to Living Mexico Survivor Guide by emailing info@livingmexicosurvivorguide.com. Subject: Misuse of Living Mexico Survivor Guide Services. Living Mexico Survivor Guide assumes no responsibility for monitoring the Living Mexico Survivor Guide Services for inappropriate Content or conduct. If at any time, Living Mexico Survivor Guide chooses in its sole discretion to monitor Living Mexico Survivor Guide Services,Living Mexico Survivor Guide nonetheless assumes no responsibility for Content other than Living Mexico Survivor Guide Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the Living Mexico Survivor Guide Services to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
– Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Living Mexico Survivor Guide Services, including Living Mexico Survivor Guide’s servers, networks or accounts;
– Cover, remove, disable, block or obscure advertisements or other portions of Living Mexico Survivor Guide Services;
– Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from Living Mexico Survivor Guide Services, or to circumvent or modify any security technology or software that is part of Living Mexico Survivor Guide Services;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through Living Mexico Survivor Guide Services. If you do so, you acknowledge you will have caused substantial harm to Living Mexico Survivor Guide, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Living Mexico Survivor Guide $500 pesos for each actual or intended recipient of such communication;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Living Mexico Survivor Guide’s prior written consent;
– Use the Living Mexico Survivor Guide Services to advertise or promote competing services;
– Use the Living Mexico Survivor Guide Services in a manner inconsistent with any and all Applicable Law;
– Attempt, facilitate or encourage others to do any of the foregoing.
Living Mexico Survivor Guide reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Living Mexico Survivor Guide in its sole discretion. You acknowledge Living Mexico Survivor Guide reserves the right to investigate and take appropriate legal action against anyone who, in Living Mexico Survivor Guide’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Living Mexico Survivor Guide may access, preserve or disclose information you provide to the Site, including User Content, when Living Mexico Survivor Guide has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Living Mexico Survivor Guide, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of Living Mexico Survivor Guide services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Your Proprietary Rights: Living Mexico Survivor Guide does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with Living Mexico Survivor Guide Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by Living Mexico Survivor Guide or any Affiliated Company. By posting any User Content on, through or in connection with Living Mexico Survivor Guide Services, you hereby grant to Living Mexico Survivor Guide and our Affiliated Companies, licensees and authorized users, a perpetual, non – exclusive, fully – paid and royalty – free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Living Mexico Survivor Guide is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Living Mexico Survivor Guide Services. Living Mexico Survivor Guide’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Living Mexico Survivor Guide reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Living Mexico Survivor Guide Services. You hereby appoint Living Mexico Survivor Guide as your agent with full authority to execute any document or take any action, Living Mexico Survivor Guide may consider appropriate in order to confirm the rights granted by you to Living Mexico Survivor Guide in this Agreement.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with Living Mexico Survivor Guide Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with Living Mexico Survivor Guide Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through Living Mexico Survivor Guide Services or Third Party Services. If you delete your User Content from any Living Mexico Survivor Guide Service, Living Mexico Survivor Guide’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Living Mexico Survivor Guide back-up copies of the applicable Living Mexico Survivor Guide Service, which are not publicly available. Furthermore, to the extent that Living Mexico Survivor Guide made use of your User Content before you deleted it, Living Mexico Survivor Guide will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from Living Mexico Survivor Guide Services will not result in, and Living Mexico Survivor Guide assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from Living Mexico Survivor Guide Services, and (ii) termination of your account or your use of the Living Mexico Survivor Guide Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Copyrights and Other Intellectual Property: Living Mexico Survivor Guide respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Living Mexico Survivor Guide has a policy of terminating repeat infringers’ access to the Living Mexico Survivor Guide Services in appropriate circumstances.
Third Party Links and Services: Living Mexico Survivor Guide Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with LMSG. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Living Mexico Survivor Guide is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on Living Mexico Survivor Guide Services does not imply approval or endorsement of the Third Party Service. Living Mexico Survivor Guide is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using Living Mexico Survivor Guide Services, you acknowledge and agree that Living Mexico Survivor Guide is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. Living Mexico Survivor Guide encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact Living Mexico Survivor Guide at info@livingmexicosurvivorguide.com. Subject: Request for Permission to Link to Site, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or Living Mexico Survivor Guide, including its respective employees, agents, directors, officers or shareholders.
Member Disputes: You are solely responsible for your interactions with other Living Mexico Survivor Guide users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with Living Mexico Survivor Guide Services. Living Mexico Survivor Guide reserves the right, but has no obligation, to become involved in any way with these disputes.
Privacy: Use of Living Mexico Survivor GuideServices is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers: Living Mexico Survivor Guide Services are provided “AS – IS” and “as available” and Living Mexico Survivor Guide does not guarantee or promise any specific results from use of Living Mexico Survivor Guide Services. Living Mexico Survivor Guide expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non – infringement. In particular, Living Mexico Survivor Guide makes no warranty that your use of Living Mexico Survivor Guide Services will be uninterrupted, timely, secure or error – free or that any information obtained by you on, through or in connection with Living Mexico Survivor Guide Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Living Mexico Survivor Guide be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of Living Mexico Survivor Guide Services, problems or technical malfunction in connection with use of Living Mexico Survivor Guide Services, attendance at a Living Mexico Survivor Guide event, any material downloaded or otherwise obtained in connection with Living Mexico Survivor Guide Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with Living Mexico Survivor Guide Services, or the conduct of any users of Living Mexico Survivor Guide Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Living Mexico Survivor Guide.
Limitation on Liability: IN NO EVENT WILL Living Mexico Survivor Guide BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE Living Mexico Survivor Guide SERVICES, EVEN IF FOX NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Living Mexico Survivor Guide’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Living Mexico Survivor Guide FOR Living Mexico Survivor Guide SERVICES DURING THE TERM OF YOUR USE OF Living Mexico Survivor Guide SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF Living Mexico Survivor Guide’s ACTS OR OMISSIONS OR YOUR USE Living Mexico Survivor Guide SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF Living Mexico Survivor Guide SERVICES.
Arbitration Agreement: Living Mexico Survivor Guide, including its Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and Living Mexico Survivor Guide may have against the other that arise out of or relate to Living Mexico Survivor Guide Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Living Mexico Survivor Guide agrees to give up the right to sue in court. Each of you and Living Mexico Survivor Guide also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Living Mexico Survivor Guide.
Disputes: This Agreement will be governed by, and construed in accordance with, the laws of the State of Quintana Roo, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Living Mexico Survivor Guide agree to submit to the exclusive jurisdiction of the courts located in Cancun, Quintana Roo to resolve any dispute arising out of this Agreement or Living Mexico Survivor Guide Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS – CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, LMSG SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity: You agree to indemnify and hold Living Mexico Survivor Guide, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Living Mexico Survivor Guide Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with Living Mexico Survivor Guide Services.
Unsolicited Submissions: Living Mexico Survivor Guide does not knowingly accept, via Living Mexico Survivor Guide Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Living Mexico Survivor Guide’s policy is to simply delete any such submission without reading it or forwarding it to other Living Mexico Survivor Guide staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Living Mexico Survivor Guide or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Living Mexico Survivor Guide via the Living Mexico Survivor Guide Services (including but not limited to any public forum), however, such submissions and copyright become the property of Living Mexico Survivor Guide and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Living Mexico Survivor Guide sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Living Mexico Survivor Guide or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.