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Terms and Conditions

Last Updated: January 2025

Welcome to VIVA ("we," "us," or "our"). By accessing or using our website and services, you agree to be bound by these Terms and Conditions. Please read them carefully before using our platform.

Important: If you do not agree with any part of these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing and using the VIVA website (the "Site"), you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. These terms apply to all visitors, users, and others who access or use the Site.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Description of Services

VIVA is a free community guide and directory that connects local businesses in San Miguel de Allende with customers by featuring exclusive offers, discounts, and business information. Our services include:

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.

3. User Obligations

When using our Site, you agree to:

4. Business Listings

Listing Submission

Businesses may submit their information for inclusion in our directory. We reserve the right to accept or reject any listing at our sole discretion. Acceptance of a listing does not guarantee placement in featured positions.

Accuracy of Information

Businesses are responsible for ensuring that all information provided (including business details, contact information, offers, and descriptions) is accurate, current, and truthful. Businesses must promptly notify us of any changes to their information.

Featured Listings

Featured placements (Hot Deals, ONG of the Month, Entrepreneur of the Month) are selected at VIVA's discretion. We do not guarantee any specific placement, duration, or visibility for any business listing.

Removal of Listings

We reserve the right to remove or modify any business listing at any time for any reason, including but not limited to: violation of these Terms, inaccurate information, customer complaints, business closure, or editorial decisions.

5. Offers and Discounts

Validity and Terms

All offers, discounts, and promotions featured on VIVA are provided by the listed businesses, not by VIVA. Each business is solely responsible for honoring the terms of their offers. VIVA is not responsible for:

Customer Responsibility

Customers should verify offer details, terms, and conditions directly with businesses before making purchases or visiting establishments. Offers may be subject to availability, expiration dates, and specific terms set by individual businesses.

6. Intellectual Property Rights

VIVA Content

All content on the Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of VIVA or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

Business Content

By submitting content (photos, descriptions, logos, etc.) for your business listing, you grant VIVA a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display that content for the purpose of operating and promoting the Site.

Prohibited Uses

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site without our express written permission.

7. Third-Party Links and Services

Our Site may contain links to third-party websites, social media pages, or services (including listed businesses' websites). These links are provided for your convenience only. We do not control, endorse, or assume responsibility for:

Your interactions with third-party sites and businesses are solely between you and those third parties.

8. Disclaimers and Limitations of Liability

No Warranties

The Site and all information, content, and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

Limitation of Liability

To the fullest extent permitted by law, VIVA, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

9. Indemnification

You agree to indemnify, defend, and hold harmless VIVA, its owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:

10. User Conduct and Content

Users may submit content (reviews, comments, business information) to the Site. You are solely responsible for any content you submit. You agree not to submit content that:

We reserve the right to remove any content that violates these Terms or that we deem inappropriate for any reason, without notice.

11. Termination

We reserve the right to terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site will immediately cease.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Mexico. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in San Miguel de Allende, Guanajuato, Mexico.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VIVA regarding your use of the Site and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms or need to report a violation, please contact us.

Questions About These Terms?

We're here to help clarify any questions or concerns you may have.

Email: julsdg@gmail.com

Website: Contact Form

By using VIVA, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.