Terms & Conditions

Description of Service

Our Digital Services primarily provide information about our festivals, events, concerts and other content we think would be of interest to you. To the extent new services, content or features are added to our Digital Services in the future, your use thereof is subject to these Terms of Use.

Third-Party Services and Content

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.

Your use of these features and other content or services provided by third parties including third-party links to other websites on the Internet are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties.

Your Representations

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.

Restricted Activities

You may not engage in any of the following with regard to the Digital Services, and you agree not to use the Digital Services to:

• Violate or encourage the violation of any local, state, national, or international law or regulation
• Collect or store personal data about other users of our Digital Services or solicit personal information from any individual
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
• Send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, or profane
• Infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party
• Promote or distribute any unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes
• Disrupt or interfere with the security or use of the Digital Services or any websites or content linked to them
• Interfere with or damage the Digital Services through viruses, harmful code, or similar methods
• Attempt to obtain unauthorized access to the Digital Services or restricted portions thereof
• Use any automated means to access the Digital Services or monitor or copy our web pages

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, THEIR RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE COMPANY PARTIES) 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.

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.

Indemnification

You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Digital Services, or other use of our Digital Services in a manner not permitted by these Terms of Use.

Copyright and Trademark Information

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.

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.

Permitted Use of Mobile Application

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.

Permitted Use of Content

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.

You may use the content solely for your personal, non-commercial use. 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.

Mobile Devices & Third-Party Restrictions

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 (e.g. the Apple App Store or Google Play Store).

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 that store.

Content Complaints

If you believe that any content on our Digital Services violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on our Digital Services, or send an email to privacypolicy@afrikin.org.

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.

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):

• Your name, address, telephone number, and email address
• A statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner
• A detailed description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of the infringing material and the URL where such material is located on the Digital Services
• Your written statement that you believe, in good faith, that the use of the work on our Digital Services has not been authorized
• A statement that all of the information you have provided is true

User-Submitted Content

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Digital Services (User Content), is the sole responsibility of the person who made such User Content available on the Digital Services.

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.

Providing Feedback to Company

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 (collectively, Feedback), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you.

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.

Dispute Resolution

Any dispute arising out of or relating in any way to your use of our Digital Services or any products, services, or information you receive through our Digital Services, shall be submitted to confidential, binding arbitration in Los Angeles, California before one arbitrator.

The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Governing Laws

The laws of the state of Florida and the United States govern these Terms of Use and any claims arising out of or relating to use of the Digital Services, without giving effect to any choice of law rules.

We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Miami, Florida will serve as the venue for any actions brought, or claims made, arising out of your use of our Digital Services.

Compliance with Laws

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.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use.

Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications.