Agreement between user and kpayacarnival.com
Welcome to K-Paya Inc. The kpayacarnival.com website (the “Site”) is comprised of various web pages operated by K-Paya inc. (“K-Paya Inc.”). kpayacarnival.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Term”). Your use of kpayacarnival.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Kpayacarnival.com is an Event Production Company based in Miami, Florida and targeted towards promoting Caribbean Culture in South Florida and around the world.
Visiting kpayacarnival.com or sending emails to K-Paya Inc. (email@example.com) constitutes electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
K-Paya Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use kpayacarnival.com only with permission of a parent or guardian.
Should the event or the production of the band be delayed or prevented by reasons including acts of government at the exclusion of any and all decree(s)/decision(s)/notice(s) or regulation or interdiction declared or undeclared risks, riots, strikes, lockouts, civil commotion, hurricane, earthquake, floods, fire, official declaration of plague infection etc. war and/or hostilities and/or consequences, or by the consequences of such occurrences or for any other cause not the cause of K-Paya inc., K-Paya inc. will notify participants within seven (7) working days from the date of occurrence of event by e-mail or phone. If the event is prevented by any of the above causes, K-Paya inc. will not be held responsible and in the case of a FORCE MAJEUR there will be No Refunds.
If event is cancelled due to Miami Broward One Carnival Association (MBOC), it is at the fault of Miami Broward One Carnival Association (MBOC) and not K-Paya inc. Therefore, K-Paya inc. will not be held responsible and will not issue any refunds unless event is cancelled 4 months prior to event date.
All Purchases are Non Refundable and Final. Absolutely no refunds.
Links to third party sites/Third party services
Kpayacarnival.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of K-Paya inc. and K-Paya inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. K-Paya inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by K-Paya inc. of the site or any association with its operators.
Certain services made available via kpayacarnival.com are delivered by the third party sites and organizations. By using any product or service or functionality originating from the kpayacarnival.com domain, you hereby acknowledge and consent that K-Paya inc. may share such information and data with any third party with whom K-Paya inc. has a contractual relationship to provide the requested product, service or functionality on behalf of kpayacarnival.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as compilation thereof, and any software used on the Site, is the property of K-Paya inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. K-Paya inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of K-Paya inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of K-Paya inc. or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your K-Paya Inc. account to third party accounts. By connecting your K-Paya Inc. account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by K-Paya inc. from our office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the K-Paya Inc. Content accessed through kpayacarnival.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless K-Paya Inc. Inc, its Officers, directors, employees, agents, section leaders and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. K-Paya Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with K-Paya Inc. in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. K-PAYA INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
K-PAYA INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. K-PAYA INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
In consideration of the Band’s consent to allow me to participate in any or all recreational or other activities related to Miami Broward One Carnival (including without limitation, King and Queen Presentation, Kids Carnival, the Parade of Bands or J’ouvert festivities), I hereby knowingly, freely and voluntarily agree to waive, release and discharge any and all claims for damages for death, personal injury, or property damage that may have, or that may subsequently accrue to me as a result of my participation in recreational or other activities offered, afforded, or sponsored by the Band.
Assumption of Risk: I understand that the Miami Broward One Carnival, by its very nature, includes certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary, and may range from: 1) minor injuries such as scratches, bruises, sprains, and the like, to 2) major injuries such as loss of hearing, eye injuries, loss of vision, loss of limb, joint or back injury, heart attack, and concussions, to 3) catastrophic injuries including death. I understand and appreciate that these and other risks are inherent in the above-listed events and activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I further understand that I am ultimately responsible for my own safety.
Hold Harmless and Indemnification: I agree, for myself, my heirs, personal representatives or assigns, to defend, hold harmless, and indemnify, the Band, its officers, directors, employees, agents, volunteers, and affiliates, from and against any and all claims, demands, actions, suits, procedures, causes of action, damages, costs (including reasonable attorneys fees) and expenses that may result from or is in any way related to my participation in the Miami Broward One Carnival. This indemnity includes claims based on the negligence (whether sole, active, passive, or gross) of the Band, its officers, employees, agents, affiliates, and volunteers, but expressly does not include claims based on their intentional misconduct.
Release and Waiver: I hereby release, waive, and covenant, not to sue the Band, its officers, directors, employees, agents, volunteers, and affiliates, from and for any and all claims and/or liability resulting from any personal injury, accident or illness (including death), and/or property damage or loss, however caused by, arising from, or in any way related to, my participation in the Miami Broward One Carnival. This release includes claims based on the negligence (whether sole, active, passive, or gross) of the Band, its officers, employees, agents, affiliates, and volunteers. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue.
Conduct: I agree to follow all instructions, procedures, measures and directions given to me by the Band or any of its staff or representatives and understand that my failure to do so may result in property damage or injury or death to me or to a third party. I understand that my invitation to participate in recreational or other activities on the Properties may be revoked at any time for any reason by the Band or any of its agents, managers, employees or representatives.
Permission to Use Likeness/Name: The undersigned further agree to allow, without compensation, Participant’s likeness and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting the Miami Broward Carnival or the Band, and/or its, events and activities, including those of its representatives, assigns, and licensees.
Severability: I understand that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect and be binding on myself, my spouse, my heirs and personal representatives.
I UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMINTY IS INTENDED TO WAIVE, RELEASE, DISCHARGE AND INDEMINIFY IN ADVANCE THE BAND AND ITS AFFLIATES, SUBSIDIARIES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INSURERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITY TO ME ARISING FROM MY PARTICIPATION IN ANY AND ALL RECREATIONAL OR OTHER ACTIVITIES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL, INCLUDING ANY DEMAND, RIGHT OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE ON THE PART OF THE BAND), CONTRACT, WARRANTY, OR ANY OTHER THEORY OF RECOVERY, AT LAW OR INEQUITY, VESTED OR CONTINGENT, THAT I OR MY SPOUSE, FAMILY, PARENTS, CHILDREN, ESTATE, HEIRS, AGENTS, INSURERS, SUCCESSORS OR ASSIGNS MAY AT ANY TIME HAVE AS A RESULT OF MY PARTICIPATION IN RECREATIONAL OR OTHER ACTIVITIES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LIABILITY (INCLUDING CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES) ARISING FROM INJURY OR DAMAGE THAT I SUFFER OR CAUSE DURING MY PARTICIPATION IN RECREATIONAL OR OTHER ACTIVITES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL, WHETHER SUCH INJURY OR DAMAGE IS FORESEEN OR UNFORESEEN OR WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE.
K-Paya Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effort to all provisions of these Terms, including, without limitation this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and K-Paya Inc. as a result of this agreement or use of the Site. K-Paya Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of K-Paya Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to gathered by K-Paya Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effort.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and K-Paya Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and K-Paya Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Change to Terms
K-Paya Inc. reserves the right, in its sole discretion, to change the Terms under which kpayacarnival.com is offered. The most current version of the Terms will supersede all previous versions. K-Paya Inc. encourages you to periodically review the Terms to stay informed of our updates.
954-638-5978 / 954-213-5557
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Effective as of January 01, 2019