Terms and Conditions

This web site and the materials and information on this web site are provided by Cubaña and may be used for informational purposes only. By using this web site, you represent that you have read and understand these terms and conditions and agree to be bound by these terms and conditions. Furthermore, by using this web site, you represent that (i) you have the capacity to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use this web site or download any materials from this web site. Cubaña may amend or revise these terms and conditions at any time. By using this web site, you agree to be bound by these terms and conditions as in effect from time to time. Please review these terms and conditions regularly as these terms and conditions may change.

 

OWNERSHIP OF MATERIALS

Except as otherwise indicated, this web site and its entire contents (collectively, the “Materials”), including, but not limited to, the text, information, material, software and graphics contained on this web site, are owned by Cubaña. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. Cubaña makes no proprietary claim to any third party names, trademarks or service marks appearing on this web site. Any third party names, trademarks, and service marks are the properties of their respective owners.

USER COMMENTS

We welcome your comments, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively Comments) at or otherwise through the Website, you:

grant to Cubaña the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;

represent and warrant to Cubaña that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by Cubaña (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and,

acknowledge that the Comments may not be treated confidentially.

Cubaña is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website as Comments are those of such third parties and not of Cubaña, and Cubaña does not endorse any such opinions, statements, or materials.

 

USER CONTENT

By sharing photos, videos, information, text, messages, files, music, sounds, messages or other content or materials (“User Content”) on third party platforms and websites such as Instagram, Twitter, Facebook, with a hash tag designated by Cubaña or directly uploading User Content to the Website (“Submissions”), you are agreeing to the following:

As between you and us, you own all User Content. You grant Cubaña a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Website and for other Cubaña marketing purposes, including but not limited to marketing campaigns via any medium including but not limited to social media and print campaigns, customer communications, store materials and signage, social media, and any other form of marketing currently known and used or not yet known or developed. Cubaña may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Cubaña or the Website. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

Cubana may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Website for any reason. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Cubaña to be used, it may be displayed for other users to see, together with your name and associated third party website profile information (such as your handle and profile picture). Cubaña is under no obligation to display, feature or use any Submission, but may do so at its sole discretion. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

DISCLAIMER AND LIMITATION ON LIABILITY

By using this web site, you assume all responsibility and risk for the use of this web site and the Internet generally. The materials are provided “as is,” without any express or implied warranty of any kind, including, without limitation, warranties or merchantability, fitness for a particular purpose, non-infringement of intellectual property, and freedom from errors, viruses, bugs, or other harmful components. In no event shall Cubaña be liable for any damages whatsoever (including without limitation any special, indirect, or consequential damages, and damages resulting from loss of use, data, or profits, or business interruption) arising out of the use of or inability to use the materials or any hyperlinked web site, even if Cubaña or its affiliates have been advised of the possibility of such damages. Cubaña will not be responsible for any errors or omissions in the Materials or information provided on this Web Site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this web site or in a hyperlinked site.

LINKS TO THIRD PARTY SITES

This web site may contain links to third party sites. These links are provided for convenience purposes and are not under the control of Cubaña. Cubaña does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by Cubaña with respect to any third party, any third party’s web site, the content of any third party’s web site, or any products or services provided by a third party.

GOVERNING LAW AND JURISDICTION

These terms and conditions of use shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than South Africa.

COPYRIGHT POLICY

(A) Cubaña respects the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may remove or disable access to material on our Website that may be infringing or the subject of infringing activity.

(B) We will respond promptly to claims of copyright infringement that are reported to us and request that all such alleged infringements are reported to legal@cubana.co.za.

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your copyright has been infringed, please report your notice of infringement to us by providing us with a written notification of claimed infringement.

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