Diaspora Travelers Terms of Use

TERMS OF USE

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By accessing or using this web site, the mailing list invitation on this website, the PayPal shopping cart connected to this website, and any online web pages Diaspora Travelers, LLC creates on Eventbrite.com (the “Site”), you hereby accept and agree to comply with the following Website Terms of Use governing your access and use of the Site, which includes any information, data, tools, products, services, and other content (together, “Content”) available on or through the Site. 

1.         Limited Right to Use the Site

Diaspora Travelers, LLC (“Diaspora Travelers”) grants you a limited right to use the Site.  At any time and for any reason, Diaspora Travelers may revoke your right to use all or any portion of the Site.  You may not, nor may you allow others to, violate or attempt to violate the security of the Site.  You may not, nor may you allow others to, delete any Content on the Site.  You may not, nor may you allow others to, collect or attempt to collect any information about other persons, including without limitation passwords, login information, account information or other information.  You represent and warrant that you have not and will not enter into any agreement or perform any act that may contravene the purposes and/or effects of the Term of Use.

2.         Ownership of the Site and Content

The Site is the property of, and is maintained by, Diaspora Travelers. The Site and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Diaspora Travelers, its affiliates and/or third parties.  Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo, service mark, or other intellectual property on the Site. You may not modify, copy, distribute, transmit, display, reproduce, repackage, publish, license, create derivative works from, transfer, commercially exploit or sell all or any portion of the Site without the written permission of the author and Diaspora Travelers.   You also may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. 

3.         No Reliance

Diaspora Travelers provides the Site to the public for general information purposes only and the Content contained in the Site should not be construed as official advice and/or opinion on any facts or circumstances.  Although we try to keep our web site current and accurate, the Content speaks only as of the date indicated and are subject to change at any time without notice. 

4.         Disclaimer of Warranty

Diaspora Travelers provides the web site and/or links to other web sites, e-mail addresses, articles, events, and other Content "As Is" without warranty of any kind to the fullest extent permissible pursuant to applicable law. In other words, we do not make any express or implied warranty, representation, or undertaking of any kind (nor does Diaspora Travelers assume any direct or indirect legal liability or responsibility whatsoever) that the information on the Site is applicable to your circumstances, correct, complete, or up-to-date.  Diaspora Travelers disclaims all representations and warranties, express or implied, oF any kind with respect to the site and the Content, including without limitation warranties of merchantability, fitness for any particular purpose, NON-INTERFERENCE, ACCURACY OF DATA, and non-infringement of intellectual property or proprietary rights.

5.         Third-Party Information and Web Sites

Diaspora Travelers does not intend any third-party information on the Site to be referrals to, or endorsements of, the named persons, entities, or information that they make available.  Any third-party names, titles, as well as any and all associated graphics and/or logos, are registered intellectual property rights of their respective owners. The use of any logos, words, trademarks, trade names, copyrights or photos are used on the Site for informational purposes only and not used to show permission to use, promote, or to acquire a financial gain from such use on the Site. 

In addition, Content and opinions expressed by third parties, not associated with Diaspora Travelers, in any corresponding articles, links to other web sites, or other communications are the personal Content and opinions of the original authors, not of Diaspora Travelers. Accordingly, Diaspora Travelers has no more editorial control over such Content than does a public library, bookstore, or newsstand. .

Moreover, Diaspora Travelers is not sponsored by (or associated with) any particular person or entity on the Site unless so stated in truth by that named person or entity. Diaspora Travelers is not affiliated with Essence Magazine or Essence Music Festival Organization.

6.         Intellectual Property Complaints

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright, trademark, or other intellectual property infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your intellectual property rights, you may notify Diaspora Travelers by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) by email here as set forth below:

A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Diaspora Travelers, or its third party service providers, to locate the material;

D. Information reasonably sufficient to permit Diaspora Travelers, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.         Technological Problems

Diaspora Travelers cannot promise that your access to the web site will be available at all times, uninterrupted, or that material accessible from the Site is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Although Diaspora Travelers takes reasonable security precautions when using the Internet or other means to transport data or other communications, Diaspora Travelers disclaims liability for any interception of data or communications. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the web site for the reconstruction of any lost data. Diaspora Travelers is not liable for any technological problem with the Site, any damage or injury caused by the performance or failure of performance of all or any portion of the Site, or any defect, delay, or error in or resulting from your use of the Site.

8.       Monitoring

Diaspora Travelers has the right, but not the obligation, i) to monitor the Site to determine compliance with these Terms of Use or other policies governing the Site; ii) to investigate any complaint or reported violation of these Terms of Use or other policies governing the Site; iii) to report any activity that may violate any law or regulation to regulators, law enforcement officials or other persons or entities that Diaspora Travelers deems appropriate; and iv) to issue warnings, suspend, or terminate use of the Site, deny access to all or any portion of the Site, delete and remove defamatory communications to the Site, or take any other action that Diaspora Travelers deems appropriate.

9.       Privacy Policy

All private personal information acquired by Diaspora Travelers through the Site will be governed by its Privacy Statement, a copy of which is available here.

10.       Social Media Pages

Our Facebook, Pinterest, YouTube, Instagram, Google Plus, and Twitter Social Media Pages ("Social Media Pages") are a means by which Diaspora Travelers offers travel related content to visitors of the Site.  The Social Media pages are a free service offered by Diaspora Travelers for non-commercial use.  Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Social Media Pages Content, are strictly prohibited.  You must use the Social Media Pages Content as provided by Diaspora Travelers, and you may not edit or modify the text, Content, or links supplied by Diaspora Travelers.  Diaspora Travelers retains all ownership and other rights in the Social Media Pages.  In addition, Diaspora Travelers reserves the right to discontinue providing any or all of the Social Media Pages at any time and to require you to cease displaying, distributing, or otherwise using any or all of the Social Media Pages for any reason including, without limitation, your violation of any provision of these Terms of Use.  Diaspora Travelers assumes no liability for any of your activities in connection with the Social Media Pages or for your use of the Social Media Pages in connection with your web site or your own Social Media Pages.
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11.       Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE CONTENT, SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE CONTENT AND THE SITE.

IN NO EVENT WILL DIASPORA TRAVELERS OR ANY OF ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF THESE TERMS OF USE, THE SITE, OR CONTENT CONTAINED ON THE SITE. THIS LIMITATION OF LIABILITY APPLY TO ALL DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE.  THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12.       Indemnification

You shall indemnify, defend, and hold harmless Diaspora Travelers from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising from, relating to, or resulting from i) your use of the Site; ii) your breach of these Terms of Use or any representation, warranty, or covenant made by you in these Terms of Use; iii) your violation of any applicable law, statute, ordinance, or regulation or of any rights of a third party; or iv) claims asserted by third parties which, if proven, would place you in breach of any representation, warranty, covenant, or other provision contained in these Terms of Use.

13.       Modifications of these Terms of Use

The Site is offered to you conditioned on your acceptance without modification of these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.  Diaspora Travelers reserves the right to change this website Terms of Use statement at any time without notice and you will be legally bound by each revised version of these Terms of Use that Diaspora Travelers posts on the Site, and modifications will be effective immediately upon posting on the Site unless Diaspora Travelers indicates otherwise.  Your use of the Site indicates your full acceptance of these Terms of Use in their then-current form each time you use the Site.  Therefore, you should read these Terms of Use from time to time for changes.

14.       Miscellaneous Terms

These Terms of Use constitute the entire agreement between the parties relating to the Site and supersedes any and all other agreements, oral or in writing, with respect to the Site.  The failure of Diaspora Travelers to insist upon strict compliance with any term or provision of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.  If any provision in these Terms of Use is invalid or unenforceable under applicable law, then that provision shall be enforced to the maximum extent possible and the remaining provisions shall continue in full force and effect.  These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the State of New York, without regard to its conflict of law rules, as if these Terms of Use were a contract wholly entered into and wholly performed within New York State.  For any suit, action, or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the federal and state courts located in the County of New York in the State of New York. All rights not expressly granted herein are reserved.

                                                                                    Last Updated: January 15, 2015