Rhythm makes no representations about the reliability of the features of this Website, the Content, or any other Website feature, and disclaims all liability in the event of any service failure to the fullest extent permitted under applicable law. You acknowledge that any reliance on such material or systems will be at your own risk. Rhythm makes no representations regarding the amount of time that any Content or User Content will be preserved.
THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF NY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. RHYTHM DOES NOT WARRANT THAT THE CONTENT OR THE WEBSITE WILL BE FIT FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RHYTHM ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED IN THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, RHYTHM SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR, OR OMISSION, WHETHER OR NOT CAUSED BY EVENTS BEYOND RHYTHM’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE’S RECORDS, PROGRAMS, OR SERVICES, OR FOR ANY DAMAGES RESULTING THEREFROM. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RHYTHM NOR ANY OF ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS, OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RHYTHM OR ANY OF ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.
Applicable Law: These Terms or Use are governed by and will be construed in accordance with the laws of the Netherlands. Without prejudice to any provisions of mandatory law, any disputes arising under or in connection with these Termsshall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.