Terms And Conditions Of Use
Afrolatino Festival of New York, Inc. (“ALF”) owns and operates this website (hereafter, the "Site(s)," which, for purposes hereunder, shall also include any other websites owned or operated by ALF, ALF branded media players, services related to such operation, or any communications related to ALF). All references hereafter to ALF shall include, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of ALF.
By using the Site, you, the user of the Site ("you" or "user"), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the "Agreement") and all modifications hereto. ALF reserves the right, at its discretion, at any time, to change or modify the terms and conditions of this Agreement applicable to you, or any part thereof and to impose new conditions. Users of the Site should periodically check for changes to this Agreement. Such changes, modifications, additions or deletions shall be effective immediately. Your continued use of the Site after such changes have been posted will constitute acceptance of and agreement to be bound by those changes to this Agreement.
Please e-mail any questions regarding this Agreement using the "Contact Us" section of the Site. You may have this same information sent to you by e-mail by sending a letter to email@example.com
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
ALF RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.
ALF SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR THE CONTENT OF THE SITES AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMENT
1. Intellectual Property/Scope of Use. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by ALF or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of ALF and protected by U.S. and international copyright laws. All software used on the Sites are the property of ALF or commercial software suppliers and are protected by U.S. and international copyright laws. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please notify us in the Contact Us section of the Sites.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site ("Site Materials") subject to the following conditions:
The Site Materials may only be used for your personal, non-commercial use;
The Site Materials may not be modified
All copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted and the following notice must appear on each copy of Site Materials: "Copyright © 2015 Afrolatino Festival of New York, Inc . All rights reserved. Protected by the copyright laws of the United States and international treaties" must appear on each copy of Site Materials.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Sites including, but not limited to, the design or layout of the Sites, individual elements of the Site's design, or the ALF logo or other "Trademarks" as defined below, without the express written permission of ALF, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other websites or networked computer environment is prohibited.
2. User Submissions. Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by Users ("Submitted Materials") shall become, and remain, the property of ALF. You agree that any Submitted Materials, in whole or in part, may be used by ALF or any of its affiliates for any purpose including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio broadcasts affiliated with the Site. You additionally agree that ALF is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting You are assigning and transferring any and all right, title and interest in Submitted Materials to ALF, including any moral rights,
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to those (collectively, the "Trademarks") displayed on the Site is the trademark of ALF and other parties. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ALF or the third party that owns the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Sites, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Any other trademarks appearing on ALF which are not the property of the Site are the property of the respective owners.
4. User Responsibilities. You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you shall use the Sites for lawful purposes only.
By accessing/using the Site or submitting Submitted Materials:
(1) You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights,
(2) You agree not to transmit any illegal, unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.
(3) You shall not, without the express written approval of ALF submit any materials which contains advertising or any solicitation with respect to products or services, including any on-line information services competitive with ALF,
(4) You represent and warrant that you are at least 13 years of age,
(5) You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password mining, or any other means; and
(6) You will not attempt in any way to: (a) bypass or circumvent the Ticket services of this site without appropriate payment to ALF or an authorized third party billing entity, (b) download, copy or otherwise permanently record any live stream audio or video content on the Site, and (c) use any images, logos, trademarks or other content contained on the Site other than as contained in Section 3 above, without the express written permission of ALF.
Further, you agree not to use any facilities or resources available on or through the Site to perpetrate illegal or prohibited conduct, whether against ALF, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, postings which are deemed excessive in number or deemed to be initiated to harm the business of ALF, or other communication that creates a nuisance or is otherwise offensive to the recipient or the ALF audience. If you engage in prohibited conduct and/or if your behavior leads to complaints from other users, is deemed in the discretion of the employees, management or staff of ALF to be harassing or objectionable, or you provide any information that is untrue, inaccurate, not current or incomplete, or ifALF has reason to believe such information is untrue, inaccurate, not current or incomplete, ALF has the right to suspend or terminate your account and refuse you any or all current and future use of any of the Sites, or the services ALF offers, without any further obligation to you, other than as provided in Section 7 below.
Further, you agree that by using, uploading or submitting Submitted Materials to the Site, you give ALF (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Sites, and to develop new ones. This license continues even if you stop using our Sites.
6. Limits on Liability. You agree that at no time during or after the term of this Agreement shall ALF be liable for:
The contents of any communication, message, or other information sent by you or third parties to ALF, or posted by you or other third parties on any part of the Sites;
The contents of any websites not controlled, owned, or operated by ALF that is accessed from or linked to any part of the Sites;
Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
The results of any interpersonal interactions to which you are exposed or in which you become involved through the Sites or other ALF services, and
Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Sites or related services, or download any of the software through any of the Sites, even if ALF has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Sites, any services or products, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Sites.
BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
7. Third Party Websites and Links. ALF may include links to other internet sites, both related and unrelated to the Sites. Additionally, other sites may link to the Sites with or without the permission of ALF. Descriptions of or references to individuals, companies, products, services or publications not owned by ALF on the Sites or any linked websites do not imply any endorsement of such individuals, companies, products, or publications by ALF. ALF shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Sites.
8. Termination. In addition and without prejudice to any other legal or equitable remedies available to ALF, ALF may terminate your right to use the Sites at any time and for any reason whatsoever.
9. Indemnification. You agree to indemnify and hold ALF, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of ALF harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of any parts of the Sites, Sites Materials or related services or any information posted by you on the Sites; (b) your use of any Submitted Materials, products or services offered by third-parties through the Sites, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Sites; (d) your alleged breach of this Agreement; or (e) the suspension or termination of your Membership as provided in this Agreement.
10. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Sites and provided by third parties) included on any part of the Sites may include inaccuracies, typographical errors, and other problems.
ALL OF THE SITE MATERIALS, CONTENT, PRODUCTS AND SERVICES ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALF DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITES, ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITES AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, AVAILABLE ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ALF IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF ALF OR ANY CLAIM FOR VIOLATION OF PUBLICITY OR PRIVACY RIGHTS.
USE OF THE SITES, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITES IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
11. Choice of Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the New York City, New York area will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys' fees) resulting from any claim or dispute arising from this Agreement.
The Sites are intended for use by U.S. residents only. ALFmakes no representation that the content on any part of the Sites is appropriate or available for use in other locations. Those who choose to access any part of the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Sites may contain references to products or services not available in all countries. ALF does not market all of its products or services in all countries. Software from any part of the Sites may be subject to U.S. and Canadian export controls.
12. Miscellaneous. This Agreement constitutes the entire agreement between you and ALF and its affiliates, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement but be set forth in writing and acknowledged by an authorized representative of ALF. Sections 1, 2, 3, 6, 7, 8, 9 10, 11, and 12 of this Agreement shall survive any termination of use of the Sites. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by ALF at any time.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Equal Opportunity Employer. ALF reserves the right to post information about employment opportunities with the company on any part of the Sites. ALF is an equal opportunity employer, employing people without regard to race, sex, religion, nationality, age or disability.
14. The Sites is owned and operated byAfrolatino Festival of New York, Inc.. For further information about Afrolatino Festival of New York, Inc or the Sites, please visit the "Contact Us" section of the Sites. You may have this same information sent to you by e-mail by sending a letter to Afrolatino Festival of New York, Inc firstname.lastname@example.org. with your e-mail address and a request for this information.
Copyright ©2015 Afrolatino Festival of New York, Inc. All rights reserved.