Use of the Folkcuba.com, L.L.C. ("Folkcuba.com")
Internet web site (this "Site") signifies your agreement to
the Terms and Conditions of use set forth below:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. If you do not agree to these Terms and Conditions of use, you may
not access or otherwise use this site. By accessing and using this Site, you
acknowledge and agree to these Terms and Conditions.
(2) This Site might contain links and pointers to other World Wide Web Internet
sites and resources. Links to and from this Site to other sites, maintained
by affiliates of Folkcuba.com or by third parties, do not constitute an endorsement
by Folkcuba.com of any third party resources, or the contents of such other
(3) Folkcuba.com does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed or distributed
through tis Site or any linked sites. You acknowledged that any reliance upon
any such advice, opinion, statement, memorandum, or information shall be at
your sole risk. Folkcuba.com reserves the rite, in its sole discression, to
correct any errors or omissions in any portion of this Site, without notice
to users of such correction.
(4) Folkcuba.com may change, suspend or discontinue any aspect of this Site
at any time, including the availability of any Site feature, adatabase, or
content. Folkcuba.com may also impose limits on certain features and services
or restrict access to parts or all of this Site without notice or liability.
(5) Folkcuba.com may monitor your use of this Site. However,, any information
collected through your use of this Site will be used solely for internal purposes.
(6) By engaging in any form of communication to this Site (individually or
collectively "Communications"), you hereby grant to Folkcuba.com
a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free
license to use, copy, license, sublicense, adapt, distribute, display, publicly
perform, reproduce, transmit, modify, edit and otherwise exploit such Communications,
in all media now known or hereafter developed. You hereby waive all rights
to any claim against Folkcuba.com for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral rights,
and rights of attribution in connection with such Communications. In transmitting
the Communications, you represent, warrant and covenant that the Communications
do not (i) violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or publicity
or any other proprietary right; or (ii) contain a virus or other harmful component.
(7) You acknowledge that transmissions to and from this Site are not confidential
and your Communications may be read or intercepted by others. You acknowledge
that by submitting Communications to Folkcuba.com, no confidential, fiduciary,
contractually implied or other relationship is created between you and Folkcuba.com
other than pursuant to these Terms and Conditions.
(8) This Site is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and other copyright
laws. All materials contained on this Site, including underlying software,
code and intellectual property rights, are protected by copyright, and are
owned or controlled by Folkcuba.com or the party credited as the provider
of the content. You will abide by any and all additional copyright notices,
information, or restrictions contained in any contgent on this Site. You may
download and make copies of the content and other downloadable items displayed
on this Site for personal, noncommercial use only, provided that you maintain
all copyright and other notices contained in such content. Copying or storing
any content for other than personal, noncommercial use is expressly prohibited
without prior written permission from Folkcuba.com and/or the copyright holder
identified in the individual content's copyright notice, if appropriate.
(9) FOLKCUBA.COMTM is a trademark of Folkcuba.com. No use of this mark or
any other trademarks of Folkcuba.com may be made withouth the specific prior
written authorization of Folkcuba.com, except to identify the products or
services of Folkcuba.com. (10) THIS SITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH
THIS SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, FOLKCUBA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THIS SITE OR THE MATERIALS , INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS SITE, FOR
ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO OR FROM THIRD PARTIESOR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANASMISSION OF SENSITIVE INFORMATION
THROUGH THIS SITE OR ANY LINKED SITE. FURTHER, FOLKCUBA.COM DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOLKCUBA.COM DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE OR ANY MATERIALS OR CONTENT
CONTAINED HERIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. FOLKCUBALCOM SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER
DAMAGES ARISING OUT OF OR RELATING TO USE OF THIS SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS OR OMISSIONS CONTAINED THEREIN.
(11) You hereby agree to indemnify, defend and hold Folkcuba.com and all
its officere, directors, owners, agents, employees, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of these
Terms and Conditions or the representations, warranties and covenants contained
herin or otherwise relating to your use of this Site, including, without limitation,
attorneys' fees and costs. You shall cooperate as fully as requested by the
Indemnified Parties in the defense of any claim which may be covered by this
provision. Folkcuba.com reserves the right to assume the exclusive defense
and control of any matter subject to indemnification by you and you shall
not in any event settle any matter without the written consent of Folkcuba.com.
(12) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAWS OR
PRINCIPLES. BY USING THIS SITE YOU AGREE THAT THE STATE AND FEDERAL COURTS
LOCATED IN THE STATE OF NEW JERSEY SHALL BE THE APPROPRIATE FORUM FOR ANY
ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE USE OF THIS SITE AND
YOU CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION OF SUCH COURTS OVER YOU.
(13) These Terms and Conditions constitute the entire agreement between Folkcuba.com
and you with respect to your use of this Site. If for any reason a court of
competent jurisdiction finds any provision of these Terms and Conditions,
or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of these Terms
and Conditions, and the remainder of these Terms and Conditions shall continue
in full force and effect.
(14) Follkcuba.com reserves the right, in its sole discretion, to change,
modify, add or remove any portion of these Terms an dConditions, in whole
or in part, at any time. Notification of changes in these Terms and Conditions
will be posted on this Site.
ADDITIONAL TERMS AND CONDITIONS
All photographs exhibited and for purchase on this site were taken
in public places in Cuba, and do not way violate Cuban restrictions on the
taking of photographs. Where taken in private places, e.g., homes, the photographs
were taken with the explicit verbal permission of the owners and/or subjects.
All such photographs were taken with the explicit verbal permission of the
subjects, who were aware that the results would be published.
(c) 2000 Folkcuba.com, L.L.C.