duMonde LLC (“duMonde”, “Us”, “Our” or “We”) provides the website media.dumonde.co (“Website”) as a service to the public. The information contained in this Website is for general information purposes only and is provided on an “as is”, “as available” basis without any warranties or representations, whether express or implied, oral or written, of any kind or nature, including, but not limited to, any warranties of quality, performance, merchantability or fitness for any particular purpose. We hereby expressly exclude any such warranties or representations or implications that Website and/or Website Content will be error-free or complete. While We endeavor to keep the information up to date and correct, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the the Website and/or Website Content (including but not limited to all text, articles, photographs, images, graphics, illustrations, logos, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, polls, surveys, comics, cartoons, the Website design, layout, look and appearance , software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information and materials) for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.
LIMITATION OF LIABILITY
(a) We will not be liable to any person for any loss, damage, cost, expense or other claim (including consequential, direct, indirect, special, punitive or other damages or loss of data or profits) resulting from or relating to the Website and/or Website Content, including, without limitation:
- Any use or reliance on the Website and/or Website Content by a person (including the form and content of any errors in and/or omissions from any information contained in the Website and/or Website Content);
- Any delay, interruption or other failure in the provision of the Website and/or Website Content; or
- Any change in the form or content of the Website and/or Website Content.
(b) In no event will duMonde’s aggregate liabilities under any claims arising out of this Agreement exceed the fees paid by You under this Agreement in the six (6) month period immediately preceding the date on which You first asserted any such claim.
(c) duMonde is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the Website and/or Website Content. This includes, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the loss of data or profits arising out of, or in connection with, the use of the Website and/or Website Content.
(d) We promote a policy of honest and respectful exchange of ideas based on facts. The views expressed in the Website and/or Website Content are those of the speakers, artists and/or authors and do not necessarily reflect views held or endorsed by Us. We do not accept responsibility in any way for the views expressed in the Website and/or any Website Content. We accept no liability for the actions of third parties which may have been influenced by the Website and/or any Website Content.
Although the Website and/or Website Content may include links providing direct access to other internet resources and/or third-party websites, such sites are not under the control of duMonde. duMonde is not responsible for, nor does duMonde have any control over the accuracy, nature, availability or content of information contained in such sites. Your connection to any linked, third-pary site is at Your own risk. duMonde does not warrant that such sites’, content, information, products, or services are free from any claims of copyright, trademark or other infringement of the rights of third parties. We not warrant that such sites’ content, information, products, or services are devoid of viruses or other contamination. duMonde makes no warranties, either express or implied, concerning the content of such sites’ or any information, products or services located therein, including the accuracy, completeness, reliability or suitability thereof for any particular purpose.
Links to third-party websites does not imply a recommendation or endorsement of the products and services sold, any text, video, podcast or other presentation of any information in any form, nor the views expressed within such websites. Likewise, the appearance on the Website and/or Website Content of advertisements and product or service information does not constitute an endorsement by duMonde, and duMonde has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers. We have and accept no responsibility to review any link to any site that may be provided within the Website and/or Website Content.
REPRESENTATIONS AND WARRANTIES
(a) duMonde represents and warrants to the best of Our knowledge and belief that the Website and/or Website Content does not and will not knowingly contain any information or computer code that:
- Is designed to disrupt, disable, harm, modify, spy on, delete or otherwise impede in any manner, including aesthetic disruptions or distortions, the operations of any of Your software, firmware, hardware, computer systems or networks (sometimes referred to as “viruses” or “worms”);
- Would disable the Website and/or Website Content or Your internal systems, or impair its operation based on the elapsing of a period of time; or
- Permits duMonde or any third party to access Your or any third party’s systems, whether or not to cause disablement or impairment (sometimes referred to as “trap doors,” “access codes” or “back door” devices).
(b) duMonde represents and warrants to the best of Our knowledge and belief that:
- We have obtained all rights, approvals and consents necessary to perform Our obligations and grant all rights to You under this Agreement;
- We are authorized to distribute, sell or perform, as the case may be, the Website and/or Website Content;
(c) Every effort is made to keep the Website and/or Website Content up and running smoothly. However, duMonde takes no responsibility for, and will not be liable for, the Website and/or Website Content being temporarily unavailable due to technical issues beyond Our control.
(d) duMonde does not warrant that the Website and/or Website Content is error-free or that it will operate without interruption, nor do We make any warranty or representation with respect to the quality, reliability, timeliness or security of any aspect or component of , the Website and/or Website Content.
(e) duMonde makes no guarantee as to the availability of the Website and/or Website Content, and We shall not be responsible for any loss resulting from loss or deletion of any data or information resulting from the use of the Website and/or Website Content, or any network or system outages, file corruptions, or for any other alleged consequences of having used , the Website and/or Website Content.
(f) The Website and/or Website Content may contain specialized data, ads and content provided by third parties. We do not warrant or guarantee the accuracy, availability or completeness of this information and/or content. We shall not be liable for any errors, omissions or inaccuracies in the content contained in or referenced by You or third parties which may appear within the Website and/or Website Content.
(g) duMonde shall not be liable for any non-conformance under this Agreement of which it had no actual knowledge.