AFRIKIN® 2018 “Black is Beautiful” — will present an evening of current culture through art, fashion, talks, food, innovation and performance – ways to connect, communicate and experience the lives and perspectives of our brothers and sisters, our AFRIKIN® family across the Diaspora.
Our evening of pride and love for all things of Black culture involves: Ethiopian, Caribbean and Latin Cuisine • Curated Open Bar • Curated Chocolate Dessert Bar • Art Exhibit • Dance • Drumming • Film Screening • Fashion Runway • Virtual Reality (VR) and Augmented Reality (AR) Pop Up • Mingling with Beautiful People.
In addition we keep the evening informative with our AFRIKIN® Talks segment: “Crafting the Narrative”, is our topic for 2018. It delves into ways society has been psychologically trying to dismantle us and ways we must work to strategically empower ourselves. We will be hosting a diverse group for our panel discussion with notable keynote speaker.
AFRIKIN® assists startup, non-profit organizations by bringing artists, influential leaders and humanitarians to its events to speak, host, and promote causes related to philanthropic endeavors.
Our upcoming celebration coincides with the born day of the Honorable Malcolm X who said it best: The future belongs to those who prepare for it today. Be ready to join us at: May 19th at Zenith Art & Fashion at 1440 Biscayne Blvd, Downtown Miami.
AFRIKIN® promotes connectivity, culture, oneness, racial and social justice as expressed through the arts.
The mission of AFRIKIN® is to curate creative programming and positive media based on transcultural exchange that highlights our fight for racial, economic, and social equality.
People from various parts of the earth provide a perspective on how different cultures occupying the same space and time, converge. The result of this combining of communities gives life to a new hybrid form of culture – embraced and shared for cultural convergence. #AFRIKIN
Discover how the evening will unfold by subscribing to our movement.
Download our One Sheet here for more info.
Interested in becoming a Sponsor learn more.
“A race of people is like an individual man; until it uses its own talent, takes pride in its own history, expresses its own culture, affirms its own selfhood, it can never fulfill itself.” — Malcolm X
AFRIKIN® is a collaborative arts platform for the presentation of conscious culture and positive media through events. The transformative effect of creative people on societal progress is the key feature being presented in the AFRIKIN® programming platform. We assist startup, non-profit organizations by bringing influential leaders and humanitarians to its events to speak, host, and promote causes related to philanthropic endeavors.
1440 Biscayne Blvd
Miami, Fl 33132
The venue is located in the Atlantis University building in Downtown Miami — Between Adrienne Arsht Center and The Omni.
Zenith Art & Fashion is a unique Art & Design platform that unites Cultures through the fusion of the
Arts, bringing you the best creations by emerging and mid-career artists & designers from around the world.
If there is a question you have that is not answered on this site please email or call us at: [email protected] / (305) 900-5523
Definitely arrive several hours earlier to be on the safe side. CARPOOL, CARPOOL, CARPOOL!!! Please be prepared for significant delays if you choose to not obey all event signage and staff. For the easiest and fastest arrival and departure, take a shuttle.
Yes, pedestrian access is available.
The event usually ends around 11:30 pm-ish. Give or take a few.
Yes. Set times will be posted here a couple days before the event and will also be on the event guide that is passed out upon entrance.
We are working in conjunction with state & city law enforcement and in coordination with multiple government agencies to work towards delivering the safest event environment possible.
Please visit our contact info page:
Yes, Please visit our volunteers page: https://www.afrikin.org/volunteer/
No. Please try and use less paper. Plus, marketing is totally over rated.
Yes! People lock them all over. Don’t lock it to an entrance or art piece though or you may never see it again. Park/Lock at your own risk. Tons of people bike every year. Look for designated bike parking.
No. The AFRIKIN® trademarks, intellectual property, tickets and wristbands may NOT be used for advertising, promotions, contests, sweepstakes or any commercial purpose. The only exception is for the event’s official sponsors.
If you don’t have vending approval from the AFRIKIN® your items will be confiscated.
Miami International Airport (MIA)
2100 NW 42nd Ave,
Miami, FL 33126
Hollywood International Airport (FLL)
100 Terminal Dr,
Fort Lauderdale, FL 33315
Palm Beach International Airport (PBI)
1000 James L Turnage Blvd,
West Palm Beach, FL 33415
Miami Executive Airport (TMB)
12800 SW 145th Ave,
Miami, FL 33186
By now, you should have heard of companies like Uber and Lyft and have one or both of their apps on your smartphone (this is an innovation event, people!). We’ll have a special area designated for Uber and Lyft drop-offs and pick ups. Make sure to sign up for our newsletter, as we’ll also have special offers as you plan your ride to AFRIKIN®!
For the most up to date shuttle information, please contact Super Shuttle Miami at (305) 871-2000.
GO AIRPORT SHUTTLE
LOCAL TAXI SERVICE
Miami Downtown Yellow Taxi (786) 766-9044
South Beach Taxi (305) 595-7522
Miami Limos & Town Car Service (786) 372-7133
Coral Gables Yellow Cab Taxi (305) 897-2222
Super e-Z TAXI (305) 885-5555
Airport Taxi (305) 556-6666
Robert’s Taxi Service (786) 277-1227
OnCabs Miami (786) 296-0917
Miami Beach Taxi Cab Yellow co (786) 224-3333
Yellow Cab Taxi Key Biscayne Brickell (786) 766-9044
MIAMI-DADE METRO BUS
I-95 North to Biscayne Blvd.
Turn right onto NE 14th St
Turn left at the 1st cross street onto Biscayne Blvd
Destination will be on the left
Take turnpike South to I-95 Express
Take exit 2D toward I-395/Miami Beach
Continue on Exit 2B and follow signs for US-1/Biscayne Blvd/Arenas/Pac
Turn left onto NE 2nd Ave (signs for US-1/Biscayne Blvd)
Turn right onto NE 14th St
Turn left at the 1st cross street onto Biscayne Blvd
Take MacArthur Causeway to Biscayne Blvd in Miami
Continue onto NE 13th St
Turn right onto Biscayne Blvd
Head southwest on I-195 W
Take exit 2B for US-1 toward Biscayne Blvd
Keep right to continue on NE 38th St
Keep left to continue on NE 37th St/NE 38th St
Continue to follow NE 38th St
Turn left onto Biscayne Blvd
Destination will be on the right
Head southeast on I-395 E
Use the left lane to take exit 2A for NE 2nd Ave toward US-1/Biscayne Blvd/Arenas/Pac
Turn right onto NE 2nd Ave
Turn left at the 1st cross street onto NE 11th Terrace
Use the left 2 lanes to turn left onto Biscayne Blvd
Destination will be on the left
Take FL-836 E to NE 2nd Ave in Miami. Take exit 2A from I-395 E
Turn left onto NE 2nd Ave
Turn right onto NE 14th St
Turn left at the 1st cross street onto Biscayne Blvd
Destination will be on the left
The location has adjacent parking — 1400 Biscayne Center Parking Garage. Located at 1400 NE 2nd Ave, Miami FL, 33132. There is also metered street parking across.
Standard Parking Rules
Carpool to help lessen traffic congestion and to ease up on the environment!
You may provide information to us when you visit one of our websites, including any website where this Policy is posted, and any subdomains or mobile versions (collectively, the Site), use one of our mobile applications (the Mobile App), or interact with our other on-site or web-enabled technologies, such as on premise WiFi, Bluetooth beacons and interactive kiosks. We may refer to the Mobile App, Site, and these related web-enabled technologies, electronic and/or digital products or services collectively as our Digital Services.
Please note: This Policy does not apply to information collected by third parties, for example, when you purchase a ticket from a third party ticketing provider through links on our Digital Services, visit a third party website, or interact with online advertisements. Please take a moment to review the privacy policies of third-party sites before you disclose information to them, as we cannot be held responsible for their actions with regard to your information.
We may collect personal and other information about you when you use any of the Digital Services, as described below. Personal Information is information which can be used to distinguish or trace an individual’s identity, such as their name, mailing address, email address, etc. whether used alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual.
We typically collect Personal Information and other data from you, and use that information in the following ways and as otherwise set forth in this Policy or otherwise communicated to you from time to time (subject to your consent when required by applicable laws). Please note, any information collected under this Policy may be associated with other information about you, whether by user a third party service provider. For example, we may from time to time obtain data from third parties such as business partners or other companies and append it to existing user data to add more detail to the information we have about you.
Some of our Digital Services may enable you to buy tickets or make other purchases. Some purchases on our Digital Services or on our premises are handled directly by the Company and others are managed and processed by a third party service provider. We or third party service providers may collect Personal Information when you make purchases through our Digital Services, by telephone, or at our events and venues. For example, we or our third party service providers may collect your name, email address, phone number, mailing address, payment account information, security codes, other Personal Information that may be required to process your transaction, and other information depending on the purpose for which the Personal Information was provided. If you are purchasing tickets through third parties on our Digital Services, some or all of your purchase may be processed by a third party, tickets may be issued and managed by that third party, and your Personal Information will be subject to the policies of that third party.
We or the third party service provider use purchase information in order to administer, manage and correspond with you about your purchase, and may also add your Personal Information to either of our databases in order to inform you of upcoming events, offers or other information that may be of interest to you. We or a third party service provider may also collect and store your purchase information and associate it with other Personal Information held about you in order to personalize the services and relevant offers.
Many of the Company’s venues or events have Mobile Apps associated with them. If you download and use our Mobile App, we or third party service providers may collect information through that Mobile App, including the Personal Information and other registration, login, or payment information you choose to provide; information about your device (such as your IP address, OS, device model, your device’s proprietary advertising identifier;) and information relating to how you use the Mobile App (such as the content you view, ads you click, and purchases you make.) When you consent to our Mobile App’s use of location services, or otherwise depending on the settings on your mobile device, we or third party service providers may collect the precise location information provided by your device, including data provided by your GPS, WiFi, or otherwise obtained when the Mobile App or your device interacts with a beacon at our locations or events, and/or at selected third-party locations.
We collect the information primarily to facilitate the functionality of our Mobile App and deliver valuable, entertaining content to you. For example, we collect your registration and payment information so we can show you content that interests you and to process transactions on your behalf. We may collect your device’s location in order to show you offers or features available near you at our venues or events , to deliver more relevant information and ads, and to better understand how users interact with our venues or events . We may combine data we collect through our Mobile App with other information we hold about you so that we can personalize or improve the relevance and quality of the services we provide you.
Our Digital Services may enable users to post comments or other content online. We typically collect your name, email address, and website when you post content on our Digital Services. We may use this information in connection with your postings, or to contact you about a post you have made. Please be aware that your name, website and any other information you provide in a comment box or similar field on our Digital Services, including any additional Personal Information, may be made public as soon as you post it on our Digital Services. We do not screen comments or other postings for personal or inappropriate information.
If you post a comment or content to social media that references our official accounts, your comment or content may appear on our Digital Services. We may receive certain Personal Information or other data if and to the extent provided to us by the social media platform. See those third party providers for more information.
We may allow you to use our Digital Services to apply to be a vendor, volunteer, or employee at one of our venues, events or festivals. If you choose to apply, we will collect the Personal Information and other information required to process your application; typically, your name, address, telephone number, email address, and certain additional information relevant to the position or placement (such as your work history, information about your products/services, etc.). A third party service provider may collect this information on our behalf and share it with us, so please be aware of any additional policies that may apply to the information you provide in the application. We will use this information as necessary to process your application, contact your regarding this or other future application/vendor/work opportunities, and other related matters.
If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative atwww.networkadvertising.org/optout_nonppii.asp. Please note, most modern browsers include a do not track feature that may help protect your privacy. However, because there is not yet a defined response to do-not-track requests, our Site does not respond to your browser’s do-not-track request.
We may log click-stream or similar data for purposes of system administration, to improve our Digital Services, to report aggregate information to our advertisers, and other uses related to the Digital Services. Click-stream data is information collected when you request pages from our Digital Services, and may include information such as the page served, the time, the source and type of browser making the request, the most recent page view, what you clicked on in order to arrive at our Site, and other non-Personal Information. This data helps us analyze how visitors arrive at our Digital Services, what type of content is most popular, what type of visitors are interested in particular kinds of events, content, advertising, and the like. We may associate click-stream, shopping cart, ticket purchase (whether complete or incomplete) and other similar data with other information we hold about you so that we can personalize or improve the relevance and quality of the services or information provided.
As part of our effort to provide an unparalleled customer experience, we may provide on-premise WiFi for use by our guests. This WiFi network is provided on our behalf by a third party service provider, which may request your email address in order to access the WiFi service. When you use the WiFi network, our service provider may collect information included in http headers and other common routing, device and network information such as your: MAC address; IP address; the model/version of your device and associated hardware and software (including your browser, OS, and other applications); URL requests sent over HTTP; the domains you access; mobile app servers with which you connect; as well as other unique identifiers used to determine whether you are a unique or return user, and other information about your use of the WiFi network. The service provider may share with us a list of such information in raw or aggregate form. We and our service provider may use this information to: understand the usage dynamics of the service; to improve the quality of service and for other network/performance management functions; and to determine which sites and applications are most used by our guests. Further, we may use any such information as part of our marketing and promotional activities, including by linking such information to other information we may hold about you.
Please note, we do not collect the contents of the communications you send or relating to activity within the applications you use. You may be able to limit the information you make available through the use of encryption, for example, by connecting through a VPN or over HTTPS. By using our wireless network, you consent to our collection of the information described in this section. If you do not consent, you may not use our on-premise WiFi network.
We may collect data from physical proximity beacons, RFID bracelets, or similar tracking technologies located in or near our venues or events, or (through partnerships with local businesses or entities) in other locations visited by users of our Digital Services. Proximity beacons emit radio signals and detect when a device enters a specific area. RFID bracelets (such as those worn by attendees at our festivals) each have a unique electromagnetic tag that can be read by a scanner. Through our use of RFID or beacon technologies, we may collect data about your location and other contextual data when you are near a beacon or when your RFID bracelet is scanned. Further, if your device preferences allow us or our Mobile App access to location services, we may collect information about the precise location of your device in or near our festivals, programs, and/or other events, including data from each of our or our partnersâ€™ beacons, WiFi access points, or other location services with which you interact. This information may be collected when you are using one of our Mobile Apps and, periodically, in the background.
We typically use this information to send you relevant, targeted advertisements or offers (for example, a discount on food purchases near our event;) to analyze and improve our guests experience at our events; and to determine which events and services guests visit. We and any third parties enabling these features may store location data and combine it with other information we hold about you, including your customer profile. You may disable your mobile device’s communication with location services or proximity beacons by disabling the appropriate network interface (such as WiFi or Bluetooth,) modifying your preferences for location services through your OS, or as otherwise described below.
Other sources of Personal Information or data
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We reserve the right to share your Personal Information with any of our current or future affiliated entities, subsidiaries, and parent companies. We may also share your Personal Information and other information with trusted third parties for marketing, advertising, or other commercial purposes, and we may occasionally allow third parties to access certain Digital Services for marketing purposes. In addition, if you purchase a ticket on our Digital Services or through links we provide, your Personal Information may be shared with trusted third parties in accordance with this Policy.
We may, without your consent, share Personal Information and other data with service providers who provide certain services on our behalf, or in the other circumstances noted below. For example, we may share certain Personal Information we collect with third parties such as providers of data hosting or processing services, payment processors, or other service providers. We also reserve the right to share any information we possess or data derived from it with service providers or others if such information has been reasonably de-identified.
In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, customer data, including Personal Information, will, in most instances, be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
It is possible for you to use some of our Digital Services without providing any Personal Information, but you may not be able to access certain features or view certain content. You may, to the extent such information is shared, opt out of having your information provided to third parties for marketing or other commercial purposes, and opt out of additional marketing or promotional communications from us. Please note, if you do not wish for us to provide certain information to one or more of our service providers, we may be unable to complete a transaction you request.
You can unsubscribe from all email newsletters or similar communications by clicking on the unsubscribe link in every email. You can instruct us not to provide your personal information to these third parties by sending an email to [email protected] with REMOVE THIRD PARTIES in the subject line. If you receive a communication from a third party and you do not wish to receive future communications from that party, you should also tell them to remove you from their marketing list. You may control or limit information we collect using proximity beacons or other location services and networks by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use to interact with our Digital Services. However, please note that use of RFID bracelets or other devices may be required in order to attend or participate in certain events.
Please note, if you do not wish for us to provide certain information to one or more of our commercial service providers, we may be unable to complete a transaction you request. You can unsubscribe from all email newsletters or similar communications by clicking on the unsubscribe link in every email. You may opt out of all information sharing with third parties for marketing purposes (if any) by contacting us at the address or email below.
You may access or update any Personal Information we hold about you by sending a letter or email using the contact information listed below. We will respond to reasonable requests for access or revision and will provide access to the extent required or allowed by law. However, we may decide not to grant access or make revisions where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in any given case, or when the rights of others would be violated by granting the access.
To obtain a list of the Personal Information that the Company holds about you, or for residents of California (as required by California law) any Personal Information the Company has disclosed about you to third parties for direct marketing purposes during the preceding calendar year, please send a written, signed request to: AFRIKIN®, LLC Attn: Marketing Department, 6815 Biscayne Blvd #103365, Miami, FL 33138.
We have implemented reasonable security measures to safeguard the Personal Information you provide us. However, please keep in mind that we cannot be liable for the actions of third parties to whom we may transfer your Personal Information in accordance with this Policy, or third parties to whom you directly provide your Personal Information (such as when you purchase a ticket from a third party through links on our Digital Services). Furthermore, please remember that perfect security does not exist on the Internet, and accordingly we cannot provide any guarantee that your Personal Information or any other information you provide us will remain secure.
Our Digital Services are neither directed at nor intended for use by minors. Further, we do not knowingly collect Personal Information from minors. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Digital Services unless you are 18 years old or older or under the supervision of your parent or guardian.
By providing us with any Personal Information you expressly and unconditionally release and hold harmless the Company, its parents, subsidiaries, affiliates, related companies and their respective shareholders, owners, members, directors, officers, employees and agents (collectively, the Releases) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, we cannot be held liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your Personal Information by any third parties who receive your Personal Information. We make no representations or warranty regarding any third-party’s use, collection or disclosure of your Personal Information.
By using any of our Digital Services, you consent to the terms of this Policy. We may change this Policy from time to time. Any changes will be posted on this page (including the effective date for any revised policy). Accordingly, we recommend that you consult this page frequently so that you are aware of our latest Policy. Your continued use of our Digital Services constitutes your acceptance of any revised Policy.
If you have any questions about this Policy, our privacy practices, or your dealings with our Digital Services, please contact:
6815 Biscayne Blvd #103365,
Miami, FL 33138
Under California Civil Code Section 1789.3, California the Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Welcome to the website or mobile application of AFRIKIN®. This website or mobile application is owned and operated by AFRIKIN®, LLC (the Company), a subsidiary of Bayside Rocks Inc. (BSR).
Our Digital Services are intended primarily for informational purposes. We enable you to inquire about the various services and events promoted or hosted by Company and certain third parties. We may also provide links for you to purchase tickets through third party ticketing services, some of which may be operated by a third party, not Company.
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will 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 operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use our Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.
You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to use the Digital Services to:
Further, without our written consent, you may not:
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, THEIR RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE COMPANY PARTIESâ€) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES.
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 AVAILABLE BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY 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 CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY 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 OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO 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 have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the Florida Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEESâ€™ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Company with all rights reserved. In some cases, such content may be licensed to Company by third parties. This content is protected by the intellectual property rights of Company or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with 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 Company. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App.
Any use of content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Company. You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties which is available on the Digital Services, without the express consent of those third parties.
You are hereby licensed to create hyperlinks to content on the Digital Services, provided that the hyperlink accurately describes the content to which it links. If you include links to our Digital Services on your website, when the link is clicked, the applicable page within our Digital Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Digital Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Company. Under no circumstances may you frame all or any portion of the Digital Services or copy portions of the Digital Services to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
If you access our Digital Services on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the store through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app store must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
Company, not Apple, is responsible for:
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on our Digital Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact Company’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (DMCA):
Please send your notice of alleged infringement to us:
By Mail addressed to:
6815 Biscayne Blvd #103365,
Miami, FL 33138
E-mail: [email protected], subject line DMCA Notice
In accordance with the DMCA, it is the policy of Company to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Digital Services, including without limitation blog comments, message board posts, and any other content which does not originate with Company (User Content), is the sole responsibility of the person who made such User Content available on the Digital Services. Under no circumstances will Company be liable in any way for any User Content made available through this Digital Services by you or any third party.
Since Company does not control the User Content posted on the Digital Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Digital Services, you may encounter content that you may consider to be objectionable. Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Digital Services.
User Content is owned by the author thereof, and Company does not claim ownership of original works created and posted by individual visitors to this Digital Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Digital Services, you are granting Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sub-licensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Digital Services. You agree that the exercise by Company of such discretion shall not convert or transform User Content to content owned or provided by Company, and the user who made such User Content available on the Digital Services will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on our Digital Services. To request the removal of content or information you have posted on our Digital Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Digital Services.
We welcome your comments and feedback about our Digital Services. All information and materials submitted to Company through the Digital Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Digital Services or the business of Company (collectively, Feedback), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Company reserves the right to treat any such Feedback as the confidential information of Company.
By submitting Feedback to Company, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
6815 Biscayne Blvd #103365,
Miami, FL 33138
AFRIKIN®, AFRIKIN® Fest, AFRIKIN® LLC in this disclaimer represents the website and all intellectual property known or unknown in the future.
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.
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® OR 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.
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®, FRIKIN® 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.
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®, AFRIKIN® Fest, AFRIKIN®, LLC 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.
You accept that, as a limited liability entity, AFRIKIN®, AFRIKIN® Fest, AFRIKIN®, LLChas 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 Fest 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® Fest, AFRIKIN®, LLC, Rockers Movement, Rockers Apparel, Brooks Creative Agency, Brooks Music Group, Inc, Inity Weekly, iBFF Miami, International Black Food Fest LLC, iBFF, Nelson Mandela Day Denver officers, BB Arts Center LLC, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Alfonso D’Niscio Brooks.
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.
PURCHASE OF TICKETS
ROCKERS MOVEMENT® acts as an intermediary for the various venue operators and/or promoters (“Promoters”) of the events featured on this website. All sales made through this website are subject to the terms of this Agreement.
TERMS OF SALE
Tickets sold through this website grant to the Customer only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. Customer assumes all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a transaction initiated on this website are subject to any and all terms imposed by the applicable Promoter. In order to be admitted to an event, each Customer must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.
RELEASE OF LIABILITY
THE HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT THE HOLDER EXPRESSLY RELEASES THE EVENT FACILITY, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS.
NO REFUNDS OR EXCHANGE
EVENT DATE AND TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH THIS TICKET IS ISSUED IS RESCHEDULED OR CANCELLED, THE HOLDER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE HOLDER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THIS TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THIS TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT. This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. This ticket is not subject to exchange except as expressly provided above. If issued as a complimentary ticket, this ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce this ticket in any form. Management reserves all rights not expressly granted to the holder by these terms.
RESERVATION OF MANAGEMENT’S RIGHTS
Management reserves the right to refuse admission to or eject any person whose conduct or hygiene is deemed by Management, at Management’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the holder. The exercise of management’s ejection rights hereunder does not entitle the holder to a refund of the ticket price or any part thereof. This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at management’s discretion. Unlawful resale or attempted resale is grounds for seizure and cancellation of the ticket, without compensation, at management’s discretion.
TRANSMISSION OR REPRODUCTION PROHIBITED
The holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the event, performance, exhibition or game for which this ticket is issued. The holder acknowledges that the event may be broadcast or otherwise publicized, and grants permission for holder’s image or likeness to be used in any live or recorded transmission or reproduction of such event, performance, exhibition or game in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
COMPLIANCE WITH FACILITY RULES
The holder agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind from being brought into the event premises.
Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available). TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
RESELLING AND PROMOTIONAL USE PROHIBITED
The Ticket Holder agrees not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling) in any media now or hereafter existing, any description, account, picture, video, audio or other form of reproduction of the event or any surrounding activities (in whole or in part) for which this invitation is issued (the “Event”). This invitation may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests or sweepstakes, without the express written consent from Promoters.
Breach of any of the terms of this license or the failure to comply with venue rules shall automatically terminate any rights that the Ticket Holder may have hereunder; shall render illegal and unauthorized the Ticket Holder’s use of the invitation for any purpose; and shall authorize Promoters to withdraw the invitation, refuse admission to the Event, or eject the Holder from the Event. Breach of any of the terms of this license shall also subject the Holder to all legal remedies available to Promoters. Sale or attempted sale of this invitation to this private Event is grounds for seizure or cancellation without refund or other compensation.
The Holder and the Holder’s belongings may be searched upon entry into the Event, and the Holder consents to such searches and waives any related claims that might arise against Promoters. If the Holder elects not to consent to these searches, the Holder will be denied entry into the Event.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to [email protected]. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Payment Plan.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
CONSENT TO ELECTRONIC COMMUNICATIONS
By purchasing a ticket, you consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 305-900-5523. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 305-900-5523.
By purchasing a ticket, you agree to these terms and conditions and you agree to the Arbitration Agreement, and the Consent to Electronic Contracting and Communications. If you do not agree to these terms and conditions, or the Arbitration Agreement, or the Consent to Electronic Contracting and Communications do not purchase a ticket. As used in the Arbitration Agreement and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean ROCKERS MOVEMENT and AFRIKIN® and its successors, assigns and agents.