Disclaimer

  • Credits:

    AFRIKIN, Afrikin Fest, Afrikin LLC in this disclaimer represents the website and all intellectual property known or unknown in the future.

    Anything authored by the team at AFRIKIN by AFRIKIN is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

    Based on a work at http://afrikin.org/, http://afrikin.org/.

    Permissions beyond the scope of this license may be available at http://afrikin.org/. The work on this site is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. To view a copy of this license, visit Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

  • No Warranties:

    The trademark AFRIKIN , as well as certain logos and other marks used in the Site (the Marks) are owned by Brooks Creative Agency, Inc., a wholly owned subsidiary of Brooks Music Group, Inc., and used under license by its affiliated companies. You may not use the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms and Conditions. Any other use is strictly prohibited and Brooks Music Group, Inc. will take all necessary action to enforce its rights. This website is provided as is without any representations or warranties, express or implied. AFRIKIN, Afrikin Fest, Afrikin LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

    You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms and Conditions. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark or other proprietary notice. If you modify or use the materials for any other purpose you will be violating the intellectual property rights of Brooks Music Group, Inc., which it vigorously protects.

    The Site provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics or other material, to AFRIKIN, Afrikin Fest, Afrikin LLC through the Site or otherwise will be treated as non-confidential and nonproprietary. Anything you submit, transmit or post becomes the property of Brooks Music Group, Inc. or its affiliates (hereinafter Brooks Music Group, Inc.) and Brooks Creative Agency, Inc. is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.

    AFRIKIN, Afrikin Fest, Afrikin LLC has used reasonable efforts to include accurate and up-to-date information on the Site, however it makes no warranties or representation as to the accuracy of its contents. AFRIKIN, Afrikin Fest, Afrikin LLC assumes no liability or responsibility for any errors or omissions in the contents of the Site. Without prejudice to the generality of the foregoing paragraph, AFRIKIN, Afrikin Fest, Afrikin LLC does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, although true can be frequently updated, accurate or non-misleading.

    Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.] If you seek to hire us for any services mentioned you must book a consultation.

  • Limitations of Liability

    AFRIKIN, Afrikin Fest, Afrikin LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: [to the extent that the website is provided free-of-charge, for any direct loss;], for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

    AFRIKIN, Afrikin Fest, Afrikin LLC and Brooks Music Group, Inc. are not liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Further, Afrikin Fest assumes no responsibility for and shall not be liable for any damages to, or viruses that may infect your computer equipment on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. Your use of this Site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you. Under no circumstance shall Afrikin Fest its parent, subsidiaries or affiliates and each of the foregoing directors, officers, employees, agents, contractors, counsel, successors and assigns be liable for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from the use of or inability to use this Site or any portion thereof including, without being limited thereto, any offering that may be made therein. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Afrikin, Afrikin Fest, Afrikin LLC had been advised of the possibility of such liability. The total liability of AFRIKIN, Afrikin Fest, Afrikin LLC to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access the Site. You may bring no claim against AFRIKIN, Afrikin Fest, Afrikin LLC more than one (1) year after the action arose. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of AFRIKIN, Afrikin Fest, Afrikin LLC in such jurisdiction shall be limited to the extent permit by the law thereunder.

  • Exceptions

    Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit AFRIKIN, Afrikin Fest, Afrikin LLC, Diaspora Festival, iBFF, International Black Food Fest, Inity Weekly, Rockers Movement, Rockers Apparel, Brooks Creative Agency, iBFF Miami, Nelson Mandela Day Denver or other companies now known or unknown involving Afrikin, Afrikin Fest, Afrikin LLC liability in respect of any: death or personal injury caused by AFRIKIN, Afrikin Fest, Afrikin LLC or companies negligence; fraud or fraudulent misrepresentation on the part of AFRIKIN, Afrikin Fest, Afrikin LLC or matter which it would be illegal or unlawful for AFRIKIN, Afrikin Fest, Afrikin LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

  • Reasonableness

    By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. AFRIKIN makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, AFRIKIN does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the AFRIKIN Site without first obtaining its written permission.

    You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. AFRIKIN will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

  • Other Parties

    You accept that, as a limited liability entity, AFRIKIN, Afrikin Fest, Afrikin LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against AFRIKIN, Afrikin Fest, Afrikin LLC officers or employees in respect of any losses you suffer in connection with the website.

    This Site is controlled by AFRIKIN, Afrikin Fest, Afrikin LLC from its offices within the United States of America. AFRIKIN, Afrikin Fest, Afrikin LLC makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of Florida without regard to its conflict of law principles.

    Any failure by AFRIKIN, Afrikin Fest, Afrikin LLC to enforce any of its rights under these Terms and Conditions or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms and Conditions shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms and conditions contain the entire agreement between you and AFRIKIN relating to your use of the Site.

    [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect, AFRIKIN, Afrikin LLC, Afrikin Fest, Rockers Movement, Rockers Apparel, Brooks Creative Agency, iBFF Miami, International Black Food Fest LLC, iBFF, Nelson Mandela Day Denver, BB Arts Center LLC, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Alfonso D’Niscio Brooks.

  • Unenforceable provisions

    AFRIKIN, Afrikin Fest, Afrikin LLC may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.