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:
(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.