Terms Of Service

1. Terms And Conditions Of Use

1.1 Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and The Kwakwaduam Association, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by The Kwakwaduam Association and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to The Kwakwaduam Association and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

By using kwakwaduam.org you agree to be legally bound by these terms, which shall take effect immediately on your first use of kwakwaduam.org. If you do not agree to be legally bound by all the following terms please do not access and/or use kwakwaduam.org.

kwakwaduam.org may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by kwakwaduam.org. Your continued use of kwakwaduam.org after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

1.2 Intellectual Property And Acceptable Use

1. All Content included on the Website, unless uploaded by Users, is the property of The Kwakwaduam Association, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website, you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

2. You may, for your own personal, non-commercial use only, do the following:

a. retrieve, display and view the Content on a computer screen
b. print one copy of the Content

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of The Kwakwaduam Association.

1.3 Prohibited Use

1. You may not use the Website for any of the following purposes:

a.in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

1.4 Registration

1. You must ensure that the details provided by you on registration or at any time are correct and complete. We allow you access to the registration areas of the site on the basis that:

a. your email address and password are personal to you and may not be used by anyone else to access kwakwaduam.org;
b. you will not do anything, which would assist anyone who is not a registered user to gain access to any registration area of kwakwaduam.org;
c. you do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user.
d. If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of kwakwaduam.org immediately and without giving you any advance notice.

2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

1.5 Links To Other Websites

1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Kwakwaduam Association or that of our affiliates.

2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

1.6 Privacy Policy And Cookies Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following link: https://kwakwaduam.org/privacy-policy.

1.7 Availability Of The Website And Disclaimers

1. Any online facilities, tools, services or information that The Kwakwaduam Association makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Kwakwaduam Association is under no obligation to update information on the Website.

2. Whilst The Kwakwaduam Association uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

3. The Kwakwaduam Association accepts no liability for any disruption or non-availability of the Website.

4. The Kwakwaduam Association reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

1.8 Limitation Of Liability

1. Nothing in these terms and conditions will:

a. limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
b. limit or exclude our or your liability for fraud or fraudulent misrepresentation; orc. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

2. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. kwakwaduam.org does not warrant that functions contained in kwakwaduam.org content will be uninterrupted or error free, that defects will be corrected, or that kwakwaduam.org or the server that makes it available are free of viruses or bugs.

4. To the maximum extent permitted by law, The Kwakwaduam Association accepts no liability for any of the following:

a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.

5. kwakwaduam.org content, including the information, names, images, pictures, logos and icons regarding or relating to kwakwaduam.org, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

1.9 General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

7. These terms and conditions will be governed by and interpreted according to the laws of the State of New York. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of New York.

8. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

9. These terms shall be governed by and interpreted in accordance with the laws of the State of New York.

1.10 Contributions To kwakwaduam.org

1. Where you are invited to submit any contribution to kwakwaduam.org (including any listings, text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant kwakwaduam.org a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the kwakwaduam.org Privacy Policy. We may also remove your contribution at any time at our strict discretion. If you do not want to grant to kwakwaduam.org the rights set out above, please do not submit your contribution to kwakwaduam.org.

2. By submitting your contribution to kwakwaduam.org, you:

a. warrant that your contribution is your own original work and that you have the right to make it available to kwakwaduam.org for all the purposes specified above;
b. is not defamatory; and
c. does not infringe any law; and
d. indemnify kwakwaduam.org against all legal fees, damages and other expenses that may be incurred by kwakwaduam.org as a result of your breach of the above warranty; and
e. waive any moral rights in your contribution for the purposes of its submission to and publication on kwakwaduam.org and the purposes specified above.

1.11 Advertising

You may see advertising material submitted by third parties on kwakwaduam.org. Individual advertisers are solely responsible for the content of advertising material that they submit to us, including ensuring that it complies with relevant legislation. kwakwaduam.org accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

1.12 The Kwakwaduam Association Details

The Kwakwaduam Association is a company incorporated in the State of New York whose registered address is 1409 Webster Avenue, Bronx, NY 10456 and it operates the website www.kwakwaduam.org.

You can contact The Kwakwaduam Association by email on info@kwakwaduam.org.