Terms & Conditions
SEADUST CANCUN FAMILY RESORT LEGAL NOTICE
1. GENERAL INFORMATION
To comply with that which is established in the Federal Law for the Protection of Personal Data in the Possession of Third Parties (LFPD), especially in Article 15th therein, as well as in the Law of Industrial Properties, the general information data of this website is indicated below:
Owner: SEADUST CANCUN FAMILY RESORT
Address: BOULEVARD KUKULCAN KM 17 ZONA HOTELERA , CANCUN QUINTANA ROO, MEXICO
Contact Information: [email protected]
Registration Data: In accordance with the laws of the republic of the United Mexican States.
For practical purposes, Seadust Cancun Family Resort shall henceforth be known as "SEADUST".
Access and/or usage of the website gives whoever gains it the condition of user, accepting, from this moment forth, fully and without any limitation whatsoever, the terms and conditions herein as well as the particular conditions which, if applicable, complement, modify, or substitute the general conditions with regard to certain services and content on the website. Therefore, prior to using the services offered by the website, the user must also carefully read the corresponding specific conditions.
Additionally, usage of the website is likewise subject to all of the notices, regulations on usage and instructions that Seadust makes the user aware of in the degree that it substitutes, completes and/or modifies the legal notice herein. In order to gain greater agility in website functionality, and to the benefit of the users, Seadust may modify the services rendered and any substantial aspect of the page herein, as well as the operational, technical, and usage conditions of the website.
Additionally, Seadust may modify these general conditions of the specific conditions which apply to a service or content which shall be published on the website by means of the corresponding notice. Modifications shall not be applied retroactively and shall enter into effect beginning on the date of their publication. If you do not accept the modified conditions of a [...]
[...] service, you should cease using said service. We recommend you consult, periodically, the usage conditions of the website.
3. USAGE OF THE WEBSITE, ITS SERVICES AND CONTENTS
The user is committed to using the website and its services and contents in a manner concordant with the legislation in current effect, morals, and good customs and public order, as well as to not contravening that which is set forth in the legal notice herein and those conditions which complement, modify, or substitute it. Consequentially, the user is obligated to not use the website or its services and contents for purposes that are illicit or detrimental to Seadust's interests and/or rights, or those of third parties which can damage the normal functioning of the website or of the services accessible through it, for the rest of the users, Seadust and/or its image.
Generally, the rendering of the services does not demand a prior subscription or registration of the users. Regardless, Seadust can condition the use of some of the services to the prior completion of the corresponding user registration or to the completion of forms. In any event, registration shall be performed in the manner expressly indicated in the service itself or in the particular conditions regulating it, and the user must facilitate veracious information and keep the information it facilitates updated at all times. The user shall be the sole party responsible for false or inexact statements that they make and of the detriments caused to Seadust or third parties by the information provided.
Regarding the contents (information, texts, graphics, sound and/or image files, photographs, designs, etc.), the following is forbidden:
* Playback, copying, distribution, diffusion, public communication, transformation or modification, unless you have the authorization of its legitimate owners or is legally allowed.
* Any stripping of the rights of Seadust or of the legitimate ownership thereof.
* Using it for all sorts of commercial or advertisement purposes that differ from those strictly allowed.
* Any attempt to obtain the contents of the website by any means differing from that which is employed on the network, so long as no damages are caused to the Seadust website and/or to the services or contents.
4. RESPONSIBILITY OF THE USE FOR DAMAGES AND DETRIMENTS AND REASONS FOR EXCLUSION
Use of the website shall be made under the sole and exclusive responsibility of the user, leaving Seadust expressly exonerated from the damages and/or detriments caused to the user or to third parties due to said usage against that which is established in the legal notice herein and the particular conditions applicable to each case.
Notwithstanding the above, Seadust reserves the right to deny access to the website at any time and with no need for prior warning, to those users who fail to comply with these general conditions, or the particular ones applicable to each case, as well as due to incompliance with laws, morals, and/or public order.
Exclusion of the user will not signify a waiver on Seadust's behalf to institute the corresponding legal actions or the indemnifications corresponding by right.
5. "HYPERLINKS" or "HIPERENLACES"
The website may place connections and links to other websites managed and controlled by third parties. Said links have the sole function of facilitating the users in the search for information, content and services on the internet, without it ever being able to be considered a suggestion, recommendation, or invitation to visit them. Seadust does not commercialize, nor direct, nor previously control, nor does it make its own content, services, information, and manifestations available on said websites.
Therefore, Seadust does not assume any sort of responsibility, not even in an indirect or subsidiary manner, for the damages and detriments of any sort which might arise from access, maintenance, use, quality, legality, dependability and utility of the contents, information, communications, opinions, statements, products and services in existence or being offered on the websites not managed by Seadust and which end up being accessible through the website.
The people or entities who wish to make or who make a hyperlink from a webpage on another internet website to any of the pages of the Seadust website must submit to the following conditions:
* Total or partial copying of any of the services or content on the website is not allowed.
* Neither deep-links nor img or image links, nor frames on the pages of the Seadust website are allowed without prior express authorization from Seadust.
* No false, inexact, or incorrect statements about the pages of the Seadust website, its employees, or the services or contents of the website shall be included.
* Excepting the symbols contained in the "hyperlink", the web page upon which it is established shall not contain any brands, trade names, commercial signs, names, logos, slogans, or other distinctive marks belonging to Seadust, unless express authorization is obtained thereof.
* The establishment of the "hyperlink" shall not imply the existence of relationships between Seadust and the owner of the webpage or website from which it is made, nor Seadust's acknowledgement and acceptance of the services and content offered on said website.
* Seadust shall not be responsible for the contents or services made available for the public on the webpage or website from which the "hyperlink" is made, nor for the information and statements included therein.
* The webpage upon which the "hyperlink" is established shall not contain information or content that is illicit, contrary to morals and good customs that are generally accepted and to the public order, as well should it not contain content contrary to the rights of any third parties.
* Any "hyperlink" to the website shall be to its main webpage or main pages of the sections it contains.
6. INTELLECTUAL PROPERTY
All of the brands, trade names, or distinctive symbols of any sort which appear on the website are property of Seadust or its licensees, with no way to interpret usage or access to the website and/or to the services offered therein as granting the user any right whatsoever to the aforementioned brands, trade names and/or distinctive symbols. In effect, the brands included on the website are subject to the applicable legislation regarding industrial property, and it is forbidden to copy or use them without authorization from the owner.
Additionally, the contents and information appearing on the website are the intellectual property of Seadust or of its licensees, with no way to interpret it as having ceded to the user any of the exploitation rights which exist or which might come to exist over said content and information, beyond that which is strictly necessary for the correct use of the website and of the services offered therein.
Seadust maintains a firm commitment to the protection of intellectual and industrial property on the network. With this goal, Seadust states that it applies and implements high standards of security to protect the content exposed on its website. However, despite this, there can be extraordinary events which are not ascribable to Seadust, which escape its control. In this regard, with the goal of preserving the industrial and intellectual property rights in the event any user or a third party considers there has been a violation of their legitimate rights due to the introduction of specific [...]
[...] content on the website, they must notify Seadust of this circumstance via the mailing address indicated above.
The intellectual property rights of the website www.seadustcancun.com, as well as of any of the elements susceptible to being considered work in accordance with intellectual property regulations, belong solely and exclusively to Seadust, who is the owner of all of the intellectual property rights.
As sole owner of the intellectual property rights of the website, Seadust has exclusive right to exercise the rights derived from ownership of the www.seadustcancun.com domain and, consequently, grant any authorization for exercising any activity derived of the exploitation rights thereof, and, particularly, the right to copy, the right to public communication, the right to distribute, the right to be made available to the public, or the right to transform, whichever format is used.
Any citation or reference to third-party industrial property rights included on the website implies acknowledgement by Seadust of the owners of the corresponding industrial and intellectual property rights, and their inclusion or reference on the website does not imply the existence of any rights or responsibility on behalf of Seadust regarding such, having duly authorized their inclusion and citation in accordance with that which is set forth in current laws, and said inclusion must not be considered as a sponsorship or recommendation by Seadust of the referenced brands.
The legitimacy of the intellectual or industrial property rights corresponding to the content uploaded by third parties is their own exclusive liability.
Internet users who access the website may view the information contained therein and perform downloads or private copies on their computer system, so long as the elements copied are not ceded afterward to third parties or installed on a server connected to the internet or to a local network. Notwithstanding that which is garnered in the legal notice herein, the distribution, modification, transfer, public communication, or any other act, of part or all of the information published on the website, without prior authorization from Seadust, is not allowed.
The user must use the content and information garnered on the website in a diligent, correct, and legal manner and, concretely, solely for personal use and not commercial, so long as the contents or any mention of sources, copyright and other data identifying Seadust and other third parties' rights is not eliminated, that is to say, respecting the original form. Any reproduction or copy, distribution or publication of any sort of the contents of the information published on the portal is forbidden without prior and written authorization from Seadust.
7. LIMITS OF LIABILITY AND WARRANTIES
Seadust does not grant any sort of warranty nor does it make itself responsible in any event for the reliability, availability, or continuity of the services offered to the user through the website, due to which it excludes any sort of responsibility for damages and/or detriments which might derive of the lack of availability, reliability or continuity of the website or its services, although it shall try, in the measure possible, to facilitate technical assistance to the person affected, as well as attempt to immediately restore the interruption, making available alternate means in the degree possible. Seadust shall under no circumstance be liable for losses, damages, or detriments of any kind derived of the access and/or use of the website and the reservation system. The client may get in touch in order to make any claims through the reception desk at the hotel itself, or rather via the email address: [email protected]
Seadust is not obligated to control, and in fact does not control the absence of viruses or elements in the content which might produce alterations to the software or hardware of the users or persons who visit the website, due to which it shall not be liable for damages and detriments of any nature which might be derived of the above.
Likewise, Seadust does not grant any sort of warranty nor does it make itself responsible, in any event, for damages and detriments of any nature which might be caused by:
* A lack of utility, adequacy, or validity of the website and/or of its services or contents in the satisfaction of necessities, activities, or concrete results or expectations from the users.
* Users receiving, obtaining, storing, broadcasting or transmitting the contents and the violation of intellectual, industrial, branding, honor, personal and familial intimacy, data protection, image, property, or any third-party rights as a consequence thereof.
* Illicit, negligent, fraudulent, contrary to the general conditions herein, to good faith, to the generally accepted uses or to public order, use of the website, its services or contents by the users.
* The lack of legality, quality, reliability, utility, updating and availability of the services rendered by third parties and made available to the users on the website and/or of the content.
* Third-party breach of obligations or commitments related to the services rendered unto the users through the website.
* The knowledge that un-authorized third-parties might have regarding the type, conditions, characteristics and circumstances of the usage the users make of the website and of the services and/or contents.
Due to the characteristics of the activity itself and the services that Seadust offers and in seeking the perfect development and attainment of its objectives, it is necessary to handle the users' personal data which is facilitated for the rendering of the services offered through the website, as well as transfers of this data to third parties, including international transfers. For such, said data shall be collected and treated in an automated contacts list owned by Seadust Cancun Family Resort. In this sense, Seadust guarantees that it shall confidentially handle your personal data, as well as apply the strictest security measures demanded by Spanish law regarding the protection of data for handling and storage thereof.
In any event, the purposes for which the data facilitated by the users is collected and handled are specified at the time the concrete service is offered through the website in a particular privacy clause that the user will at all times have to accept in order to complete the contracting of the service.
Additionally, the owners of the data at all times have the right to access the datasheet and are able to exercise the rights of rectification, cancellation, and opposition under the terms gathered from the law for the protection of data, getting in touch with the general department of marketing via the mailing address indicated above, or rather by means of an email addressed to [email protected], conveniently identified (regarding the protection of data). Additionally, the user's consent for the handling and transfer of their personal data shall be revocable at all times with no retroactive effect, in accordance with applicable law.
9. APPLICABLE LEGISLATION AND JURISDICTION
The general conditions shall be governed by Mexican legislation.
Seadust and the user, expressly waiving any other jurisdiction which might correspond them, submit to the jurisdiction of the courts and tribunals of the domicile of the user for as many questions as might arise or actions might be exercised through the rendering of the website service and of its services and contents and on the interpretation, application, fulfillment or unfulfillment of that which is established herein.
The purpose of the document herein is to establish the policy for usage of cookies on the websites of Seadust Cancun Family Resort, having residence at Boulevard Kukulcan KM 17 Zona Hotelera, Cancun, Quintana Roo, Mexico (henceforth, Seadust). The terms "you" and "user" are employed here to refer to all of the individuals and/or entities who for any reason access the Seadust websites use the services. Use of these services shall imply full and limitless acceptance of this cookies policy.
Seadust may collect information through files like cookies or database logs regarding the users' navigation on the website it owns. Cookies are files sent via web and stored on the user's browser by means of a web server for keeping the navigation session by storing your ip (of your computer) and other possible navigation data. Thanks to cookies, it is possible for the Seadust server to recognize the browser of the computer used by the user with the purpose of making navigation more simple as well as to measure the audience and traffic parameters, control the progress and number of entries, making use of the information contained in the cookies in a disassociated manner with regard to any other data of a personal nature which the user might provide.
Seadust uses web analytics cookies to measure and analyze the users' navigation on the websites. Analytics cookies are those which allow those in charge of them to follow-up and analyze the behavior of the users of the websites to which they are linked. Seadust uses the data obtained with the purpose of introducing improvements with regard to the analysis of usage data created by the users. Web analytics does not allow for the collection of information on the name, last names, or email or mailing address of the user. The information obtained is relative to the number of users who access the web, the number of pages visited, the frequency and repetition of the visits, their duration, the browser used, the operator rendering the service, the language, the terminal used or the city to which the ip is assigned.
Seadust uses behavioral advertisement cookies for the management of publicity spots based on determined criteria and complementary cookies (plug-in) to [...]
[...] exchange social content. Behavioral publicity cookies are those which allow for the management of publicity spots that the website editor has included therein in the most efficient manner possible. These cookies store information about the users' behavior obtained through continued observation of their navigation habits, which allows for showing advertisements based thereon.
On the following table you can check which cookies are used on the Seadust website, the information thereby obtained, and its purpose:
|Strictly necessary||User session, registration details, reservations.||Management of user enrollment and session maintenance, personalization of navigation, load balancing.|
|Google Analytics||Webs visited, frequency, number and repetition of visits, navigation time, searches performed, links visited, browser used, operator who renders the service, location linked to the ip address.||Measuring and analyzing user navigation, follow-up and analysis of user behavior, creation of anonymous user navigation profiles, introducing improvements in the analysis of usage data made by users.|
|Analytics Foxmetrix||Acxiom online adform admeld adspirit adtech amgdgt appnexus atemda atlas solutions creative serving criteo doubleclick spotlight emediate facebook himediadx infojobs rfihub right media rubicon smart adserver sojern tribal fusion valueclick mediaplex smadex s.l. quancast sociomantic sizmek|
|Publicity||Users' navigation interests, manifested preferences, manner of interacting with the websites, ads shown and opened, web pages visited.||Optimization of the advertisement space offered on the websites in order to offer ads of interest to the users, identify the effectiveness of ad campaigns and improve them.|
To revoke the consent granted, the user has the possibility of disabling the cookies by modifying browser behavior. Via the links contained below, the user can find more information regarding which cookies they have installed, how to allow their installation, block them or eliminate them from their equipment. Depending on which browser is used, the user may use the following links: