Preamble

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BY ACCESSING AND USING THIS INTERNET PORTAL www.magnifiquemakeup.com.com, WHICH IS CREATED AND SUPPORTED BY THE BRAND: Magnifique Makeup and Hair Los Cabos (THE COMPANY), YOU (THE USER) ARE ACCEPTING THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND EXPRESSLY DECLARE YOUR ACCEPTANCE USING ELECTRONIC MEANS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1803 OF THE FEDERAL CIVIL CODE.

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IF THE USER DOES NOT ABSOLUTELY AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEY MUST REFRAIN FROM ACCESSING, USING, AND VIEWING www.magnifiquemakeup.com.com IN THE EVENT THAT THE USER CONTINUES TO USE www.magnifiquemakeup.com.com, SUCH ACTION SHALL BE CONSIDERED AS THEIR ABSOLUTE AND EXPRESS ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

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SOLELY USING THE INTERNET PAGE GRANTS THE PUBLIC THE STATUS OF USER (HEREINAFTER REFERRED TO AS "USER" OR "USERS") AND IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE OF EACH AND EVERY GENERAL AND PARTICULAR CONDITION INCLUDED IN THESE TERMS AND CONDITIONS IN THE VERSION PUBLISHED BY Magnifique Makeup and Hair Los Cabos, AT THE VERY MOMENT THE USER ACCESSES THE PAGE. ANY MODIFICATION TO THESE TERMS AND CONDITIONS WILL BE MADE WHEN Magnifique Makeup and Hair Los Cabos DEEMS IT APPROPRIATE, AND IT IS THE EXCLUSIVE RESPONSIBILITY OF THE USER TO ENSURE AWARENESS OF SUCH MODIFICATIONS.

 

AGREEMENT ADHERENCE AGREEMENT FOR THE USE OF THE INTERNET PAGE www.magnifiquemakeup.com.com ENTERED INTO BY AND BETWEEN Magnifique Makeup and Hair Los Cabos, HEREINAFTER REFERRED TO AS "THE COMPANY," AND, ON THE OTHER HAND, THE USER, BOTH PARTIES SUBJECT TO THE PROVISIONS SET FORTH IN THIS AGREEMENT.

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LICENSE By virtue of entering into this agreement, "THE COMPANY" grants the User a non-exclusive, revocable, and non-transferable right to view and use www.magnifiquemakeup.com.com in accordance with the terms and conditions stipulated in this Agreement. For the purposes of this agreement, the parties agree that a user shall be understood as any person of any nature who accesses www.magnifiquemakeup.com.com and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said Internet page. b. The user may only print and/or copy any information contained or published on www.magnifiquemakeup.com.com exclusively for personal, non-commercial use. In the case of a legal entity, the provisions of Article 148, Section IV of the Federal Copyright Law shall apply. The user is reminded that all photographs, applied artworks, and catalogs thereof are duly protected by copyright. c. Reproduction, republication, distribution, assignment, sublicensing, sale, electronic reproduction, or any other means of any information, document, or graphic from or appearing on www.magnifiquemakeup.com.com in whole or in part, for any purpose other than personal non-commercial use, is expressly prohibited to the User unless "THE COMPANY" has granted prior written authorization.

 

RULES FOR THE USE OF www.magnifiqueglamour.com

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The User and THE COMPANY agree that the use of www.magnifiquemakeup.com.com shall be subject to the following rules:

• Information on www.magnifiquemakeup.com.com: The User acknowledges and accepts that the information published or contained on www.magnifiquemakeup.com.com, whether generated by "THE COMPANY" or by providers, users, and/or professionals, shall be clearly identified in such a way that it is recognized as originating from "THE COMPANY," providers, users, and/or professionals.

• The information, advice, concepts, and opinions published on www.magnifiquemakeup.com.com do not necessarily reflect the position of "THE COMPANY" or its employees, officers, directors, shareholders, licensees, and franchisees (hereinafter "the Affiliates"). For this reason, Magnifique Makeup and Hair Los Cabos is not responsible for any information, advice, opinions, and concepts expressed on www.magnifiquemakeup.com.com. Likewise, "THE COMPANY" is not responsible for third-party information contained on the Internet page, including subpages, under the understanding that the use and follow-up thereof are at the user's own risk and responsibility.

• "THE COMPANY" reserves the right to block access or partially or completely remove any information, communication, or material that, in its sole discretion, may be: (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of copyright, trademarks, confidentiality, trade secrets, or any intellectual property rights of a third party, (iv) offensive, or (v) in any way contravenes the provisions of this Agreement. If the User wishes to obtain additional information regarding the blocking or partial or complete removal, they should consult directly with each of them and/or with a specialist in the field.

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• The User acknowledges that "THE COMPANY" does not control or pre-censor the content available on the Internet Page, including tips, advice, recommendations, and opinions generated by professionals and/or Users. Therefore, "THE COMPANY" assumes no responsibility for content provided to the Internet Page by independent providers unrelated to "THE COMPANY."

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Under no circumstances shall "THE COMPANY" be liable for any direct or indirect damage and/or harm caused by the User's reliance on information obtained through this Internet Page.

 

 

"THE COMPANY" reserves the right to delete or modify the content of the Internet Page that, in the sole discretion of "THE COMPANY," does not comply with "THE COMPANY's" standards or that could be contrary to current legal regulations. However, "THE COMPANY" shall not be responsible for any failure or delay that may arise from the deletion of such material.

 

Privacy Policy Regarding the Use of Information and Database. "THE COMPANY's" Privacy Policy is available on www.magnifiquemakeup.com.com under the corresponding Privacy Notice tab.

 

The User may learn about the treatment that "THE COMPANY" gives to their personal data in said Privacy Notice, as well as the procedures for exercising their ARCO rights.

 

"THE COMPANY" will announce on www.magnifiquemakeup.com.com any changes made to its Privacy Notice, and these changes will be published on the mentioned Internet Page in the corresponding Privacy Notice section, so that you can always be informed about the information that "THE COMPANY" collects from the User, how such information may be used, and the treatment that will be given to their personal data.

 

Returns and Refunds Policy. "THE COMPANY's" Returns and Refunds Policy for its customers can be consulted on the following Internet page: www.magnifiquemakeup.com.com /notice-of-privacy

 

 

Formats

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Users acknowledge that by providing the personal information required in any of the services provided on this website, they grant "THE COMPANY" the authorization specified in Article 109 of the Federal Copyright Law. In all cases, users shall be responsible for the accuracy of the information provided to "THE COMPANY."

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Copyright and Industrial Property Rights

"THE COMPANY," www.magnifiquemakeup.com.com , their logos, and all material appearing on the mentioned Internet page are trademarks, domain names, and/or trade names owned by their respective holders, protected by international treaties and applicable laws regarding intellectual property and copyright.

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Copyrights to the content, organization, compilation, information, logos, photographs, images, programs, applications, or generally any information contained or published on www.magnifiquemakeup.com.com are duly protected in favor of "THE COMPANY," its Affiliates, Suppliers, and/or their respective owners, in accordance with applicable intellectual property legislation.

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The user expressly prohibits modifying, altering, or deleting, either in whole or in part, notices, trademarks, trade names, signs, advertisements, logos, or generally any indication referring to the ownership of information contained on www.magnifiqueglamour.com.

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In the event that the User transmits to "THE COMPANY" any information, programs, applications, software, or any material that requires licensing through www.magnifiqueglamour.com, the User hereby grants "THE COMPANY" a perpetual, universal, royalty-free, non-exclusive, worldwide, and sublicensable license, including the right to sublicense, sell, reproduce, distribute, transmit, create derivative works, display, and publicly perform them.

The provisions in the above clause shall also apply to any other information that the User submits or transmits to "THE COMPANY" (including, without limitation, ideas to renew or improve the www.magnifiquemakeup.com.com site), whether they have been included in any space on www.magnifiquemakeup.com.com , through other known or future developed means or modes of transmission.

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Therefore, the User expressly waives any attempt to take action, demand, or make claims against "THE COMPANY," its Affiliates, or Suppliers for any actual or potential violation of any copyright or intellectual property rights arising from the information, programs, applications, software, ideas, and other materials that the User submits to www.magnifiquemakeup.com.com .

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It is our policy to take action against violations of intellectual property rights that may arise in accordance with applicable legislation and other applicable intellectual property laws, including the removal or blocking of access to material subject to activities that infringe the intellectual property rights of third parties.

 

In the event that any User or third party believes that any of the Content found on or introduced into www.magnifiquemakeup.com.com , and/or any of its Services, violate their intellectual property rights, they must send a notification to www.magnifiquemakeup.com.com at the physical or email address provided below, including at least the following information: (i) true personal data (name, address, telephone number, and email address of the claimant); (ii) the handwritten signature or electronic signature, depending on the medium through which the communication is made, along with the personal data of the intellectual property rights holder; (iii) precise and complete identification of the Content(s) protected by the allegedly infringed intellectual property rights, as well as their location on www.magnifiquemakeup.com.com ; (iv) an express and clear statement that the introduction of the indicated Content(s) has been made without the consent of the owner of the allegedly infringed intellectual property rights; (v) an express, clear statement, and under the responsibility of the claimant, that the information provided in the notification is accurate and that the introduction of the Content(s) constitutes a violation of their intellectual property rights.

 

Advertising Material

The User acknowledges and accepts that "THE COMPANY" is an independent organization from third-party sponsors and advertisers whose information, images, advertisements, and other advertising or promotional material (the "Advertising Material") may be published on www.magnifiquemakeup.com.com .

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The User acknowledges and accepts that the Advertising Material is not part of the main content published on www.magnifiquemakeup.com.com . Likewise, the User hereby acknowledges and accepts that the Advertising Material is protected by applicable laws regarding intellectual and industrial property.

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Disclaimer of Warranties

THE USER AGREES THAT THE USE OF www.magnifiquemakeup.com.com IS DONE AT THEIR OWN RISK, THAT THE SERVICES AND PRODUCTS PROVIDED AND OFFERED ON www.magnifiquemakeup.com.com ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Magnifique Makeup and Hair Los Cabos DOES NOT GUARANTEE THAT www.magnifiquemakeup.com.com WILL SATISFY THE USER'S REQUIREMENTS ONE HUNDRED PERCENT, OR THAT THE SERVICES OF www.magnifiquemakeup.com.com WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

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"THE COMPANY" DOES NOT GUARANTEE OR ENDORSE IN ANY WAY THE TRUTH, ACCURACY, LEGALITY, MORALITY, OR ANY OTHER CHARACTERISTIC OF THE CONTENT OF THE MATERIAL PUBLISHED ON www.magnifiquemakeup.com.com "THE COMPANY" DISCLAIMS ALL LIABILITY AND CONDITIONS, BOTH EXPRESS AND IMPLIED, REGARDING THE SERVICES AND INFORMATION CONTAINED OR AVAILABLE ON OR THROUGH www.magnifiquemakeup.com.com , INCLUDING, WITHOUT LIMITATION:

 

 

• THE AVAILABILITY OF USE OF www.magnifiquemakeup.com.com , DUE TO TECHNICAL PROBLEMS ATTRIBUTABLE TO COMMUNICATION AND DATA TRANSMISSION SYSTEMS.

• NOTWITHSTANDING THE ABOVE, Magnifique Makeup and Hair Los Cabos OR ITS SUPPLIERS MAY UPDATE THE CONTENT OF www.magnifiquemakeup.com.com CONSTANTLY. THEREFORE, USERS ARE ADVISED TO TAKE INTO ACCOUNT THAT SOME ADVERTISED OR CONTAINED INFORMATION ON OR THROUGH www.magnifiquemakeup.com.com MAY HAVE BECOME OUTDATED AND/OR CONTAIN INACCURACIES OR TYPOGRAPHICAL OR SPELLING ERRORS.

 

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, Magnifique Makeup and Hair Los Cabos SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OR RELATED TO:

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• THE USE OR PERFORMANCE OF www.magnifiquemakeup.com.com , INCLUDING DELAYS OR LACK OF AVAILABILITY OF USE OF www.magnifiquemakeup.com.com .

• THE PROVISION OR LACK OF PROVISION OF SERVICES OF ANY INFORMATION OR GRAPHICS CONTAINED OR PUBLISHED ON OR THROUGH www.magnifiquemakeup.com.com .

• THE UPDATING OR LACK OF UPDATING OF INFORMATION.

• THIRD-PARTY INFORMATION THAT HAS BEEN ALTERED OR MODIFIED, IN WHOLE OR IN PART, AFTER BEING INCLUDED ON www.magnifiquemakeup.com.com .

• ANY OTHER ASPECT OR CHARACTERISTIC OF THE INFORMATION CONTAINED OR PUBLISHED ON www.magnifiqueglamour.com OR THROUGH LINKS EVENTUALLY INCLUDED THEREIN.

• THE PROVISION OR LACK OF PROVISION OF SERVICES, EVEN IN CASES WHERE Magnifique Makeup and Hair Los Cabos HAS BEEN NOTIFIED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

International Access

This site can be accessed from countries other than the United Mexican States (Mexico). This site may contain products or references to products that are not available outside of the United Mexican States. Any such references do not imply that these products will be available outside of the United Mexican States. If the user accesses and uses this site outside of the United Mexican States, they are responsible for complying with local laws and regulations.

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Minors

To use the Portal and Services, minors must obtain prior permission from their parents, guardians, or legal representatives, who will be considered responsible for all acts performed by the minors under their care. The full responsibility for determining the content and Services that minors access lies with the adults in charge of them. The fact that minors browse and/or use the Portal implies that they have obtained the mentioned authorization, releasing "THE COMPANY" from any responsibility.

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Modifications to www.magnifiqueglamour.com

"THE COMPANY" may, at any time and at its discretion, without notice to the User, make corrections, additions, improvements, or modifications to the content, presentation, information, services, areas, databases, and other elements of www.magnifiquemakeup.com.com, without giving rise to any claims or compensation, and without implying any acknowledgment of responsibility in favor of the User.

 

 

Modifications to the Agreement

"THE COMPANY" reserves the right to modify the terms and conditions of this Agreement at any time, with such modifications becoming effective immediately:

• Through the publication of the modified Agreement on www.magnifiqueglamour.com, or • By notifying the User of such modifications.

The User agrees to periodically review this Agreement to stay informed of such modifications. Notwithstanding the above, each time the User accesses www.magnifiquemakeup.com.com , it will be considered as an absolute acceptance of the modifications to the Agreement.

 

 

Disclaimer

Occasionally, "THE COMPANY" may add terms and conditions to this Agreement with additional provisions related to specific areas or new services provided on or through www.magnifiquemakeup.com.com ("Additional Terms"), which will be published in specific areas or new services on www.magnifiquemakeup.com.com for reading and acceptance. The User acknowledges and accepts that such Additional Terms are an integral part of this Agreement for all legal purposes.

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www.magnifiquemakeup.com.com is not obligated to monitor and does not control the use that Users make of the Portal, Services, and Content. In particular, www.magnifiquemakeup.com.com does not guarantee that Users will use the Portal, Services, and Content in accordance with these General Conditions and, where applicable, the Special Conditions, nor that they will do so diligently and prudently. www.magnifiquemakeup.com.com also does not have the obligation to verify and does not verify the identity of Users, nor the accuracy, validity, completeness, and/or authenticity of the data that Users provide about themselves to other Users.

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www.magnifiquemakeup.com.com ASSUMES NO LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY ARISE FROM THE USE OF THE SERVICES AND CONTENT BY USERS OR THAT MAY ARISE FROM THE LACK OF TRUTH, VALIDITY, COMPLETENESS, AND/OR AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE TO "THE COMPANY" AND/OR OTHER USERS ABOUT THEMSELVES. IN PARTICULAR, BUT NOT EXCLUSIVELY, www.magnifiquemakeup.com.com ASSUMES NO LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY ARISE FROM THE IMPERSONATION OF THE IDENTITY OF A THIRD PARTY BY A USER IN ANY FORM OF COMMUNICATION MADE THROUGH THE PORTAL.

 

 

Assignment of Rights

"THE COMPANY" may, at any time and at its discretion, assign in whole or in part its rights and obligations arising from this Agreement. As a result of such assignment, "THE COMPANY" will be released from any obligation in favor of the User established in this Agreement.

Indemnification

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The User agrees to indemnify "THE COMPANY," its Affiliates, Suppliers, Sellers, and Advisors from any action, demand, or claim (including attorney's fees and court costs) arising from any breach by the User of this Agreement, including, without limitation, any arising from:

• Any aspect related to the use of www.magnifiquemakeup.com.com ; • The information contained or available on or through www.magnifiquemakeup.com.com ; • Defamation, libel, or any other conduct in violation of this Agreement by the user in the use of www.magnifiquemakeup.com.com ; • Violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on or through  www.magnifiqueglamour.com.

Termination

"THE COMPANY" reserves the right, at its sole discretion, and without the need for notice or notification to the User, to:

• Terminate this Agreement definitively; • Discontinue or permanently cease the publication of www.magnifiquemakeup.com.com without any liability to Magnifique Makeup and Hair Los Cabos, its Affiliates, or Suppliers.

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Survival

These terms and conditions, as well as the Additional Terms, constitute the entire agreement between the parties and supersede any other agreement or covenant entered into previously. Any clause or provision of this Agreement, as well as the Additional Terms, legally declared invalid, shall be deleted or modified, at the option of "THE COMPANY," in order to correct its defect or deficiency. However, the remaining clauses or provisions shall remain in full force, effect, and validity.

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No Waiver of Rights

The inactivity on the part of "THE COMPANY," its Affiliates, or Suppliers in exercising any right or action arising from this Agreement shall not be construed as a waiver of such rights or actions at any time.

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Applicable Law and Jurisdiction

In the event of a dispute arising from or related to this contract, the parties agree to attempt to reach an amicable settlement of the dispute through mediation; this shall take place in accordance with the Mediation Rules of the National Chamber of Commerce of Mexico City, in effect at the time of the start of the mediation. If this is not successful, the parties may bring the matter before the Courts of Los Cabos, Mexico, waiving any other jurisdiction that may correspond to them, with this Agreement being interpreted in accordance with the laws of the United Mexican States.