The terms “You” and “Your” refer to the person accessing, a user or viewer of the Website.
- This Website contains material which is owned by or licensed to us. Among other things, this Agreement governs 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 (“Website Content”).
- You must be age 18 or older to use this Website.
- Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this Website is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
- All trade marks or other licensed material reproduced in the Website which are not the property of, or licensed to Us are acknowledged on the Website. ALL logos used to identify a company, business, organization or person belong to that company, business, organization or person are only used on the Website for identification and acknowledgement purposes.
- Unauthorized use of this Website may give rise to a claim for damages (including without limitation attorney’s fees) and/or be a criminal offense.
- From time to time this Website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that we endorse any of the other website(s) referenced or linked to. We accept no responsibility for the content of any website(s) We may reference or to which we may provide a link.
PROHIBITED USES AND RESTRICTIONS
(a) The Website may be used for lawful purposes only and You shall only use the Website in accordance with all local and international applicable laws or regulations that may apply in Your jurisdiction. Transmission, storage, or distribution of any information, data, or material in violation of any such applicable law or regulation is expressly prohibited. You must not, in Your use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
(b) You must not, without the express prior written consent of duMonde LLC (which may be withheld without cause):
- Decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive such information from the Website and/or Website Content;
- Sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine readable form the Website and/or Website Content, or any portion or derivative of the Website and/or Website Content, whether in whole or in part;
- Vary or amend any portion of this Agreement without Our prior written approval;
- Publish, promote, broadcast, circulate or otherwise seek to make any commercial use of Our name, trade name, trademarks, service marks, domain and sub-domain names or logo, without Our prior written consent; or
- Commit any malicious act or permit any such act, by action or omission, the likely result of which would be that Our reputation might be brought into disrepute or which act or omission could reasonably be expected to have or a material or adverse effect on Our interests.
(c) The Website contains proprietary content which is owned either by Us or a third party exclusively. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell all or part of the Website and/or Website Content.
Media duMonde ORIGINAL CONTENT
Media duMonde may invite and work with third parties to create original content (“Product”), including but not limited to, for promotional purposes. Such content may be, but is not limited to, interviews, conversations and advertisements. By accepting an invitation, being physically present and/or clicking a link to participate in any Product with Media duMonde, third parties (“You”) acknowledge and agree:
- That all Product, including but not limited to, the content of any interview and/or conversation, including the final Product in its entirety and all intellectual property rights related to Product belong to Media duMonde and parent company, duMonde LLC, (together the “Company”) entirely and that all pre-production, production, post-production and final editing decisions rest with the Company.
- These Terms and Conditions are applicable to any Product, whether digitally created or recorded or hand written, including, but not limited to, video, voice recorded via smart phone or other handheld recording device, hand or type written articles or podcasts.
That You may not reproduce, reuse, sell, grant permissions or license Product in any way to any Third Party without the express permission of Company. Permissions may be withheld or, if granted, incur a fee at the sole discretion of Company.
UNAUTHORIZED USE, REPRINTING OR DISTRIBUTION
Except as set forth herein, You:
- Are required to report the discovery of any such violations mentioned above to Us – in writing – within twenty-four (24) hours of discovering any such unauthorized use or distribution. You may contact Us via email: firstname.lastname@example.org
Any of the aforementioned violations will entitle duMonde LLC, in addition to any other rights or claims that We may have against You or other third parties, to retroactively charge You a fee calculated on the basis of the number of prohibited distributions or uses multiplied by the respective list prices that duMonde LLC charges and/or incurs for Website Content.
You agree that in the event of any dispute between Us, You will first contact Us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You agree that all disputes will be resolved individually via mediation (for which You will bear Your own costs regardless of the outcome) without resort to any class action, and You specifically waive Your right to a trial by jury. Furthermore, You agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, You waive any right to bring such cause of action and such cause of action is permanently barred.