Welcome to the website or mobile application of AFRIKIN®, Afrikin, Afrikin Fest, Afrikin Foundation. This website or mobile application is owned and operated by Afrikin, LLC (the Company), a subsidiary of Bayside Rocks, Inc (BSR).
These Terms of Use (Terms of Use) contain the Terms of Use under which you are entitled to use one of our Websites, including any website on which these Terms of Use are posted, as well as all subdomains and mobile versions (collectively, the Site), one of our mobile applications (the mobile app) or interact with our other technologies on site or on the Internet. , such as on-premise WiFi, Bluetooth beacons and interactive kiosks. Together, we may designate the Mobile App, the Website and these related web-enabled technologies as our digital services.
By using our digital services, you agree to the practices described in these Terms of Use.
To the extent that additional rules or policies affect your use of our Digital Services, these rules and policies (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using our digital services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Digital Services.
Our digital services primarily inform about our festivals, events, concerts and other content that we believe would be of interest to you. To the extent that new services, content or features are added to our digital services in the future, your use is subject to these Terms of Use.
Our digital services are primarily intended for information purposes. We allow you to inquire about the various services and events promoted or hosted by companies and certain third parties. We may also provide you with links to purchase tickets through third-party ticketing services, some of which may be operated by a third party and not by company.
Your use of these features and other content or services provided by third parties, "including third-party links to other websites on the Internet, is not subject to these Terms of Use. You acknowledge and agree that we are not responsible for the availability or content on or through a third party website or service, or for the use of your information by such third parties. They further acknowledge that any reliance on representations and warranties provided by any party other than the Company is at their own risk. You expressly agree to indemnify us for any damage resulting from content, products or services provided by third parties or the use of your data by such third parties. Your use of these third-party websites and services is subject to the terms of use and privacy policies posted on any website or service, and we encourage you to review these Terms of Use and Privacy Policy.
We reserve the right to modify or discontinue all or part of our digital services with or without prior notice. We shall not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services or that the operation of our Digital Services is uninterrupted or error-free. You understand that the use of our Digital Services may be affected or impaired by numerous factors or circumstances beyond our control.
As a condition of your right to use our Digital Services, you declare that you have the legal age to enter into a binding contract and that you are not a person who is excluded from access to the Digital Services under the laws of the United States or any other country.
You may not participate in the following bodies with respect to the Digital Services (including the publication or transmission of Content through the Digital Services) and agree not to use the Digital Services to:
violating or promoting the violation of local, state, national or international law
s or regulations; collect or store personal data about other users of our digital services or request
personal data from a natural person or entity; embody or otherwise misrepresent the
ir affiliation with a person or entity;to send or promote a message that is unlawful, defamatory, defamatory, abusive, sexually explicit. , threatening, vulgar, obscene, profane, derisive, derisive information relating to racial, gender or ethnic background, any statement you have reason to know is
false or misleading, or otherwise objectionable news as determined by the company in its sole discretion; violation of any patents, trademark, trade secret, copyright, right to publicity or privacy, or other rights of any p
arty, to be labeled in accordance with any law or under contractual advertising, promotional material or material that may be identified as junk mail, spam, chain letters, pyramid schemes or similar material, any request or acquisition of money, goods or services for private purposes or information published primarily for adv
ertising, advertising or other commercial purposes;interfere or interfere with the security or use of
the digital services or the websites or content associated with them; , including, but not limited to, the use of viruses, Trojan horses, malicious code, denial-of-service attacks, packet or IP spoofing, fake routing or e-mail address information or similar methods or technologies, or disregard ingesulartos, the requirements, procedure
s, policies or regulations of networks connected to our digital services; attempt to use someone else's account, imitate yourself as another person or entity, misrepresent your affiliation to any pers
on or entity, including (without limitation) companies, our third parties, or create or use a false identity;a
ttempt to gain unauthorized access to the Digital Services or parts thereof that are restricted by general access; use any meta ta
gs or other hidden text that uses the name, brand or product name of the Company (or a third party or sponsor); a
ttempt to reverse engineer the code or otherwise derive or obtain it. in the case of activities that affect the ability of third parties to use or use the digital services; or assis
t third parties in participating in activities prohibited by these Terms of Use. In addition, you may not use, reproduce, duplicate, copy, sell, resell or use corporate conten
t or any use or access to the Digital Services for commercial purposes without our written consent; use any large amount, automated or electronic means (including, without limitation, robots, spiders, scripts or other automated devices) to access the digital services or to monitor or copy our websites or the content contained therein; a deep link to digital services for each purpose; or frame the digital services, place pop-up windows over any content, or otherwise influence the display of digital services."] [pt_accordion_item name="DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY" text="TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, THEIR RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE COMPANY PARTIES)
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN AS-IS AND AS AN AVAILABLE BASIS. THE COMPANY PARTIES ARE NOT FOR THE TIME OF CONTENT, EVERY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES. UNDER NO CONDITIONS, EVERY OF THE COMPANY PARTIES WILL BE TO YOU OR TO A PERSON OR ENTITY THAT YOU ARE FOR EVERY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH DIES IS A COMPREHENSIVE LIMITATION OF , WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS DISCLAIMER IS INDEPENDENT OF THE RESPONSIBILITY ON CONTRACT, RESPONSIBILITY, INDEPENDENT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF THE COMPANY HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF EVERY PART OF THIS LIMITATION OF LIABILITY IS INVALID, ILLEGAL OR UNENFORCEABLE FOR EVERY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER THE CONDITIONS TO YOU OR A PERSON OR ENTITY THAT YOU ARE FOR LIKEITS, THE SONST, WILL NOT BE ABOUT A HUNDRED U.S.
SOME JURISDICTIONS NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may or may have claims against us that you do not know or suspect exist in your favor if you have agreed to these Terms and, if known, may materially affect your acceptance of these Terms. You expressly waive all rights you have under Section 1532 of the Florida Civil Code, which states:
A GENERAL RELEASE DOES NOT PROLONG THE CLAIMS THAT THE CREDITOR DOES NOT KNOW OR TO THE IS IN THE TIME OF EXECUTION OF THE RELEASE, WHICH IS AFFECTED BY HIM'S SETTLEMENT WITH THE DEBTOR MATERIALLY.
IF THIS CLAUSE IS RELEVANT LAWS IN A RESPONSIBILITY OR LESS FOR NOT THROUGHS, OUR OR THE TOTAL RESPONSIBILITY OF THE RESULTS WILL BE IN NO CASE OF THE TOTAL ITY, OR THE RESULTS IN THE SECHS (6) MONTHS NOTHING IN THIS CLAUSE LIMITS OR INCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO NEGLIGENCE."] [pt_accordion_item name="INDEMNIFICATION" text="You agree to indemnify and indemnify the Parties from any claims or claims, including reasonable attorneys' fees, that may be indemnifyed by third parties as a result of or from your publication of content on our Digital Services or any other use of our Digital Services in a manner not permitted by these Terms of Use. , including, but not limited to, your actual or alleged breach of these Terms of Use or the infringement of the intellectual property of third parties or other rights by you or any other user of our digital services that use your computer, mobile device or account.
All content, copyrights and other intellectual property rights in the content available on our digital services, including but not limited to design, text, graphics, interfaces and their selection and agreement, are the property of the Company, all of which are reserved. In some cases, such content may be licensed to companies by third parties. This content is protected by the intellectual property rights of the company or its owner. All content that is eligible for protection under U.S. federal copyright law is subject to the exclusive jurisdiction of the Federal Court of Justice, regardless of whether it is registered or not. All trademarks displayed on our digital services are trademarks of their respective owners and do not constitute an endorsement or recommendation by such parties. In addition, such use of trademarks or links to third-party websites is not intended to imply, directly or indirectly, that such third parties support or are related to the Company.
Our Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public or part of a derivative work created by you without the express written consent of the Company. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App or in any way compromise the security of the data stored or transmitted by our Mobile App.
Any use of Content on the Digital Services, including, but not limited to, reproduction for purposes other than those specified herein, modification, distribution, replication, any form of data extraction or data mining, or any other commercial use of any kind, without the prior written permission of an authorized representative of the Company, is strictly prohibited. With the exception of search engines, you agree that you will not use a robot, spider, or other automatic device or manual process to monitor or copy our websites or the content contained therein, without the prior written permission of an authorized agent of the Company. You may only use the Content for your personal, non-commercial use, unless described herein. You may download or print a single copy of any part of the Content solely for your personal, non-commercial use, unless you remove any trademark, copyright or other notice from such content. You may not use third-party content available on the Digital Services without the express consent of such third parties.
You are hereby entitled to create hyperlinks to content on the digital services, provided that the hyperlink accurately describes the content to which it refers. When you post links to our digital services on your website, the relevant page must be fully displayed within our digital services (including all trademarks, brands, advertising and promotional materials) without having to load an accompanying frame, an edge, a margin, a design, brand, brand, advertising or promotional materials that were not originally displayed on the site within the respective digital service, and without having to load any interlocking pop-ups or websites before accessing the appropriate landing page. The page on which such links are displayed must be accessible to the general public and may not be provided through a subscription service or for a fee, unless the Company has expressly agreed otherwise in writing. Under no circumstances may you frame all or part of the digital services or copy portions of the digital services to a server except as part of the random caching of pages by an IsP. We reserve the right to revoke these licenses in general or your right to use certain links or feeds at any time, with or without reason.
If you access our digital services on mobile devices or in our mobile app, you understand that your carrier's standard charges apply. When you download our Mobile App, you are also subject to all terms and conditions imposed by the Store under which you receive the Mobile App, if any (e.B. the Apple App Store or Google Play Store or others).
Any mobile app installed in the Apple App Store, Google Play Store, or any other App Store must be installed on a device that you control or own and must be used in accordance with the applicable terms of the Apple App Store or another Store. The following terms and conditions are required by Apple and apply when you install our Mobile App from the Apple App Store:
The company, not Apple, is responsible for:
The content in the mobile ap
p; maintenance or support of the mobile app; Any product warranties, whether express or implied; Consideration of claims of the End User or any third party in connection with the Mobile App or the possession and/or use of this Licensed Application by the End User, including, but not limited to: (a) Product Liability Claims; (b) any claim that the Mobile App does not comply with applicable legal or regulatory requirements; and (c) claims under consumer protection o
r similar legislation; and,The investigation, defense, billing and discharge of third parties claim that the Mobile App or your ownership and use of this Mobile App infringes the intellectua
l property rights of a third party. If you install our Mobile App from the Apple App Store, you also acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use and that, after accepting these Terms of Use, Apple has the right (and you are deemed to be accepted) to enforce the Terms of Use against you as a third party beneficiary.
If you believe that content on our digital services violates these Terms of Use or is otherwise inappropriate, please report the content by filling out the contact form on our Digital Services or sending an email to privacypolicy@afrikin.org.
REPORT OF THE RELATED COPYRIGHT
In the event that you find content that is posted on our Digital Services and that you believe constitutes a violation of the copyright or other intellectual property rights of your company or third parties, you will be asked to contact the Company's copyright officer immediately as described below. To report an alleged breach, please contact us in writing by submitting a signed statement with the following information under the Digital Millennium Copyright Act (DMCA):
your name, address, telephone number and email address, and if you act on behalf of the owner of the intellectual property, the name of the owner;
a declaration, under penalty of perjury, that you are the owner of the copyright or are entitled to act on behalf of the owner; a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; if your application is based on a registered work, registration number and the date of issue of the registration; a description of the infringing material and the URL where that material is located on the digital services, or a description of where you found that material on ou
r digital services; Your written statement that you believe in good faith that the use of work on our digital services has not been authorized by the true owner of the work, its agent or i
n law; and a statement that all information you provide is true.
Please send us your notification of an alleged bre
ach:By mail to:Afrik
in®Copyr
ight Agent6815
Biscayne Blvd #103365,Mia
mi, FL 33138E-
mail: privacypolicy@afrikin.org, Subject line DMCA Message
In accordance with the DMCA, the Company's policy is to stop the use of our digital services by repeated violators in appropriate circumstances.
If you have any questions about these Terms of Use, please contact
:Afrikin
®Marketing Departmen
t6815 Biscayne Blvd #103365
,Miami, FL 3313
8privacypolicy@afrikin.org
All content uploaded, posted, transmitted or otherwise made available by individual users of the Digital Services, including, but not limited to, blog comments, non-corporate posts, and other content (User Content) is the sole responsibility of the person who provided such User Content on the Digital Services. Under no circumstances shall the Company be liable in any way for User Content provided by you or third parties through these digital services.
As the Company does not control the User Content published on the Digital Services, it does not guarantee the veracity, integrity, suitability or quality of such User Content and does not endorse such User Content. You also agree and understand that by accessing the Digital Services, you may encounter content that you may find objectionable. The Company assumes no responsibility for User Content, including, but not limited to, errors or omissions therein. The parties to the company shall not be liable for any loss or damage of any kind caused by User Content on the Digital Services.
User Content is the property of the author, and the Company does not claim ownership of original works created and published by individual visitors to these digital services. However, by uploading, posting, transmitting or otherwise making User Content available on or through the Digital Services, you grant the Company and its parent companies, subsidiaries, affiliates and other affiliates an irrevocable, non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploits and derivative works (including your name) , which you have made publicly available in this regard) in any way, media or format that now exists or is designed below, without any obligation to announce, apnotment or compensation to you.
The Company reserves the right (but is not obligated) to pre-review, edit, reject, postpone or remove User Content published on the Digital Services in its sole discretion. You agree that the Company's exercise of this discretion will not transform or transform User Content into content owned or provided by a corporate entity, and the user who has made such User Content available on the Digital Services retains ownership of it as described below.
Under California law, we allow minors under the age of 18 to request the deletion of content or information that the minor has posted on our digital services. To request the removal of content or information that you have posted on our digital services, please send a letter or email to the address below with (i) your name, (ii) a full description of the content you wish to remove, and (iii) the web address(s) of the content you wish to remove. Please note that our compliance with this request does not warrant the complete or comprehensive removal of the content or information you have posted on our digital services.
We appreciate your comments and feedback on our digital services. Any information and materials provided to the Company through the Digital Services or otherwise, such as comments, feedback, ideas, questions, designs, data or the like relating to the Company's digital services or business (collective lyre), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with respect to you, but the Company reserves the right to treat such feedback as confidential information of the Company.
By providing feedback to the Company, you assign to the Parties, free of charge, all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such feedback. The Parties may use any feedback you submit and any ideas, concepts, know-how or techniques contained in such feedback for any purpose, including, but not limited to, the development, manufacture and marketing of products and services that incurs such feedback without limitation and without inany way incurring it. You are responsible for the information and other content contained in any feedback you provide to us, including, but not limited to, its veracity and accuracy.
Any dispute arising out of or in any way relating to your use of our digital services or products, services or information you receive through our Digital Services will be submitted to a confidential, binding arbitration in Los Angeles, California, before an arbitrator. The arbitration is administered by JAMS in accordance with its streamed arbitration rules and procedures. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be associated with any other arbitration in connection with the subject matter thereof. Notwithstanding the foregoing arbitration obligation, we may seek injunctive relief in respect of any actual or possible violation of our intellectual property rights in the absence of any jurisdiction in Los Angeles, California, and you hereby agree to the exclusive jurisdiction of these courts and waive all objections. We agree that all dispute resolution procedures are carried out only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim goes to court and not in arbitration, we waive any right to jury trial.
The laws of the State of Florida and the United States govern these Terms of Use and any claims arising out of or in connection with the use of the Digital Services without any legislation taking effect. We make no representation that our digital services are suitable, legal or available for use outside the United States. Except for matters subject to arbitration as described above, the state and federal courts in Miami, Florida, will serve as the place of jurisdiction for any action or claim arising out of your use of our digital services.
You accept all knowledge of applicable law and are responsible for compliance with such laws. You may not use our Digital Services in a manner that violates applicable state, federal, or international laws, regulations, or other government regulations.
We reserve the right to change, change or update these Terms of Use at any time without notice. You will be asked to review this page regularly for changes to the Terms of Use. Changes will take effect immediately as soon as they are sent to our digital services without notice. Your continued use of our Digital Services after the publication of such changes constitutes your acceptance and acceptance of such changes, and you may not change these Terms of Use.
If any provision of these Terms of Use is found by a court to be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected and shall remain valid and enforceable as far as possible, and the ineffective provision shall be amended as far as necessary to make it valid and enforceable while complying as closely as possible with the Company's original intentions. You agree that these Terms of Use and any other agreements referred to herein may be assigned by us to third parties in our sole discretion in the event of a merger or acquisition or otherwise. These Terms of Use are in addition to and will not be replaced by any other written agreement between us with respect to your participation as a contributor to our Digital Services. You agree and understand that these Terms of Use, together with any other applicable click-through agreements you have entered into with respect to our Digital Services, constitute the entire agreement between you and the Company with respect to your use of the Digital Services and that any other prior agreements between you and the Company will be superseded by these Terms of Use. Any failure by the Company to exercise its rights under these Terms of Use or to enforce the terms of these Terms of Use shall not constitute a waiver of such rights. You agree that any claim or cause of action arising out of or in connection with the use of our Digital Services or in connection with these Terms of Use must be filed or must be excluded for good, regardless of one (1) year after such claim or cause of action has occurred.