Terms of Use
Please review these terms and conditions of use carefully before using our websites, including, without
limitation, the following websites: downloadyoutubemp3.com.
This document states the terms and conditions („Terms”) upon which downloadyoutubemp3.com („we” or
„us”) will provide service to you on its websites, including, without limitation, the above
listed websites (collectively, the „Website”). These Terms constitute a contractual agreement
between you and us. By visiting, accessing, using, and/or joining (collectively „using”) the
Website, you express your understanding and acceptance of these Terms. As used in this document, the terms
„you” or „your” refers to you, any entity you represent, your or its
representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree
to be bound by these Terms, navigate away from the Website and cease using it.
1. Eligibility
- You must be at least eighteen (18) years of age to use the Website, unless the age of majority
in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at
least the age of majority in your jurisdiction. Use of the Website is not permitted where
prohibited by law.
- The consideration for your acceptance of these Terms is that we are providing you the Grant of
Use to use the Website pursuant to Section 2 hereof. You acknowledge and agree that this
consideration is adequate and that you have received the consideration.
2. Grant of Use
- We grant you a non-exclusive, non-transferable and limited right to access, non-publicly
display, and use the Website, including all content available therein (the
„Content”) (subject to the restrictions of the Website) on your computer or mobile
device consistent with these Terms. You may only access and use the Website for your personal
and noncommercial use.
- This grant is terminable by us at will for any reason and at our sole discretion, with or
without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or
deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your
use of and ability to use the Website, and/or (iii) remove and/or delete any of your User
Submissions (defined below). You agree not to use or attempt to use the Website after said
termination. Upon termination, the grant of your right to use the Website shall terminate, but
all other portions of these Terms shall survive. You acknowledge that we are not responsible to
you or any third party for the termination of your grant of use.
3. Intellectual Property
- The Content on the Website, excluding User Submissions and Third Party Content (defined below),
but including other text, graphical images, photographs, music, video, software, scripts and
trademarks, service marks and logos contained therein (collectively „Proprietary
Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to
copyright, trademark and/or other rights under the laws of applicable jurisdictions, including
domestic laws, foreign laws, and international conventions. We reserve all our rights over our
Proprietary Materials.
- Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit,
distribute, participate in the transfer or sale of, create derivative works of, or in any other
way exploit, in whole or in part, any Content.
4. User Submissions
- You are entirely responsible for any and all materials you upload, submit, transmit, create,
modify or otherwise make available via the Website, including any sound files that you create,
modify, transmit or download through the Website (collectively, „User Submissions”).
User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal
information in User Submissions may make you personally identifiable and that we do not
guarantee any confidentiality with respect to User Submissions.
- You shall be solely responsible for any and all of your own User Submissions and any and all
consequences of uploading, submitting, modifying, transmitting, creating or otherwise making
available the User Submissions. For any and all of your User Submissions, you affirm, represent
and warrant that:
- You own or have the necessary licenses, permissions, rights or consents to use and
authorize us to use all trademarks, copyrights, trade secrets or other proprietary
rights in and to User Submissions for any and all uses contemplated by the Website and
these Terms;
- You will not post, or allow anyone else to post, any material that depicts any sexually
explicit acts; and
- You have written consent, release, and/or permission from each and every identifiable
individual in the User Submission to use the name and/or likeness of each and every such
identifiable individual to enable use of the User Submission for any and all uses
contemplated by the Websites and these Terms.
- You further agree that you shall not upload, submit, create, transmit, modify or otherwise make
available material that:
- Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you are
the owner of such rights or have explicit permission from the rightful owner to submit
the material and to grant us all of the license rights granted herein;
- Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful,
harassing, abusive, threatening, invasive of privacy or publicity rights, hateful,
racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by
us in our sole discretion;
- Depicts illegal activities, promotes or depicts physical harm or injury against any
group or individual, or promotes or depicts any act of cruelty to animals;
- Impersonates any person or entity or otherwise misrepresents you in any way, including
creating a false identity;
- Would constitute, encourage or provide instructions for a criminal offense, a violation
of the rights of any party, or that would otherwise create liability or violate any
local, state, national or international law; or
- Is unsolicited or unauthorized advertising, promotion, „spam” or any other
form of solicitation.
- We claim no ownership or control over User Submissions or Third Party Content. You or a
third-party licensor, as appropriate, retain all copyrights to User Submissions and you are
responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide,
non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce,
publicly perform, publicly display, distribute, adapt, modify, publish, translate, create
derivative works of and otherwise exploit User Submissions for any purpose, including without
limitation any purpose contemplated by the Website and these Terms. You also irrevocably waive
and cause to be waived against us and any of our users any claims and assertions of moral rights
or attribution with respect to User Submissions.
- You represent and warrant that you have all the rights, power and authority necessary to grant
the rights granted herein to User Submissions. Specifically, you represent and warrant that you
own the title to the User Submissions, that you have the right to upload, modify, access,
transmit, create or otherwise make available the User Submissions on the Website, and that
uploading the User Submissions will not infringe upon any other party's rights or your
contractual obligations to other parties.
- You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to
any User Submission for any reason, or for no reason at all, with or without notice.
- Without limiting the other indemnification provisions herein, you agree to defend us against any
claim, demand, suit or proceeding made or brought against us by a third-party alleging that your
User Submissions or your use of the Website in violation of these Terms infringes or
misappropriates the intellectual property rights of any third-party or violates applicable law
and you shall indemnify us for any and all damages against us and for reasonable attorney's fees
and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
5. Content on the Website
- You understand and acknowledge that, when using the Website, you will be exposed to content from
a variety of sources including content made available on the Website by other users, services,
parties and through automated or other means (collectively, „Third Party Content”)
and that we do not control and are not responsible for any Third Party Content. You understand
and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or
otherwise objectionable or may cause harm to your computer systems and, without limiting the
other limitation of liability provisions herein, you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you may have against us with respect thereto.
- We claim no ownership or control over Third Party Content. Third parties retain all rights to
Third Party Content and they are responsible for protecting their rights as appropriate.
- You understand and acknowledge that we assume no responsibility whatsoever for monitoring the
Website for inappropriate content or conduct. If at any time we choose, in our sole discretion,
to monitor such content, we assume no responsibility for such content, have no obligation to
modify or remove any such content (including User Submissions and Third Party Content), and
assume no responsibility for the conduct of others submitting any such content (including User
Submissions and Third Party Content).
- Without limiting the provisions below on limitations of liability and disclaimers of warranties,
all Content (including User Submissions and Third Party Content) on the Website is provided to
you „AS-IS” for your information and personal use only and you shall not use, copy,
reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any
other purpose whatsoever the Content without the prior written consent of the respective
owners/licensors of the Content.
- You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to
any Content for any reason, or for no reason at all, with or without notice.
6. User Conduct
- You represent and warrant that all the information and content provided by you to us is accurate
and current and that you have all necessary rights, power and authority to (i) agree to these
Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under
these Terms.
- You hereby expressly authorize us to monitor, record and log any of your activities on the
Website.
- As a condition of your use of the Website:
- You agree not to use the Website for any unlawful purpose or in any way that is
prohibited by these Terms;
- You agree to abide by all applicable local, state, national and international laws and
regulations;
- You agree not to use the Website in any way that exposes us to criminal or civil
liability;
- You agree that you are solely responsible for all acts and omissions that occur as a
result of your use of the Website;
- You agree that all your User Submissions belong to you and that you have the right and
authority to provide them to us and make use of them on or through the Website;
- You agree not to use any automated means, including robots, crawlers or data mining
tools, to download, monitor or use data or Content from the Website;
- You agree not to take any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large load on our technology infrastructure or
otherwise make excessive demands on it;
- You agree not to „stalk” or otherwise harass anyone on or through the
Website;
- You agree not to forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information you transmit;
- You agree not to disable, circumvent, or otherwise interfere with security related
features of the Website or features that prevent or restrict use or copying of any
content or which enforce limitations on the use of the Website or the content therein;
- You agree not to post, link to, or otherwise make available on the Website any material
that contains software viruses or any computer code, file or program designed to
interrupt, destroy, limit or monitor the functionality of any computer software or
hardware or any telecommunications equipment;
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or
otherwise in any way commercially exploit or make available the Website or any Content
to any third party;
- You agree not to „frame” or „mirror” the Website; and
- You agree not to reverse engineer any portion of the Website.
- We reserve the right to take appropriate action against any user for any unauthorized use of the
Website, including civil, criminal and injunctive redress and the termination of any user's use
of the Website. Any use of the Website and our computer systems not authorized by these Terms is
a violation of these Terms and certain international, foreign and domestic criminal and civil
laws.
- In addition to termination of the grant of use of the Website, any violation of this Agreement,
including the provisions of this Section 6, shall subject you to liquidated damages of ten
thousand dollars ($10,000) for each violation. In the event that your violation results in legal
action (whether against you or against us by any party) or physical or emotional harm to any
party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Dollars
($150,000) for each violation. We may, in our discretion, assign any such damage claim or
portion thereof to a third party that has been wronged by your conduct. These liquidated damages
provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the
amount of actual damage that could occur from such a violation. You acknowledge and agree that
the amount of these liquidated damages is a minimum and that if actual damages are greater you
shall be liable for the greater amount. If a court of competent jurisdiction finds that these
liquidated damages are unenforceable to any extent, then the liquidated damages shall be lowered
only by the extent necessary for them to be enforceable.
7. Services on the Website
- You acknowledge that the Website is a general-purpose search engine and tool. Specifically, but
without limitation, the Website allows you to search multiple websites for music. Moreover, the
Website is a general-purpose tool that allows you to download audio files from videos and audio
from elsewhere on the Internet. The Website may only be used in accordance with law. We do not
encourage, condone, induce or allow any use of the Website that may be in violation of any law.
- We do not store any User Submissions for anything longer than a transitory period of time to
give users chance to download their content.
8. Fees
- You acknowledge that we reserve the right to charge for any or all of our services and to change
our fees from time to time in our sole discretion. If at any time we terminate your rights to
use the Website because of a breach of these Terms, you shall not be entitled to a refund of any
portion of your fees. In all other respects, such fees shall be governed by additional rules,
terms, conditions or agreements posted on the Website and/or imposed by any sales agent or
payment processing company, as may be amended from time to time.
9. Privacy Policy
- We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to
the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such
amendments to the Website. No other notification may be made to you about any amendments. Your
continued use of the Website following such amendments will constitute your acceptance of such
amendments, regardless of whether you have actually read them.
10. Copyright Claims
- We respect the intellectual property rights of others. You may not infringe the copyright,
trademark or other proprietary informational rights of any party. We may in our sole discretion
remove any Content we have reason to believe violates any of the intellectual property rights of
others and may terminate your use of the Website if you submit any such Content.
- REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE
MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS
SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE WEBSITE TERMINATED.
11. Modification of These Terms
- We reserve the right to amend these Terms at any time by posting such amended Terms to the
Website. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT
YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF
SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
12. Indemnification and Release
- You hereby agree to indemnify us and hold us harmless from any and all damages and third-party
claims and expenses, including attorney's fees, arising from your use of the Website and/or from
your breach of these Terms.
- In the event that you have a dispute with one of more other users or any third parties, you
hereby release us, our officers, employees, agents and successors-in-right from claims, demands
and damages (actual and consequential) of every kind or nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes
and/or the Website.
13. Disclaimer of Warranties and Limitations of Liabilities
- READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW (BUT NO FURTHER).
- The Website may contain links to third-party websites which are independent of us. We assume no
responsibility for the content, privacy policies, or practices of and make no representation or
warranty as to the accuracy, completeness or authenticity of information contained in any third
party websites. We have no right or ability to edit the content of any third party websites. You
acknowledge that we shall not be liable for any and all liability arising from your use of any
third party websites.
- The Website is provided „AS-IS” and without any warranty or condition, express,
implied or statutory. We specifically disclaim to the fullest extent any implied warranties of
merchantability, fitness for a particular purpose, non-infringement, information accuracy,
integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or
other harmful components in connection with the Websites. Some jurisdictions do not allow the
disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing
disclaimers may not apply to you or be limited insofar as they relate to such implied
warranties.
- UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH
DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON
ANY CONTENT ON THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR
COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US. THESE
LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME
LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS
MAY NOT APPLY TO YOU OR BE LIMITED.
- WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
- ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH CONTENT.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY
OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF
THE WEBSITES EXCEED $100.
14. Legal Disputes
- To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or
dispute that may arise between you and us, are governed by the laws of Anguilla without regard
to conflict of law provisions. FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT AND
CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN
ANGUILLA. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT AND CONSENT TO PERSONAL
JURISDICTION IN AND THE VENUE OF THE COURTS IN ANGUILLA AND ANYWHERE ELSE YOU CAN BE FOUND. You
hereby waive any right to seek another venue because of improper or inconvenient forum.
- YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
- You hereby agree that as part of the consideration for these terms, you are hereby waiving
any right you may have to a trial by jury for any dispute between the us arising from or
relating to these terms or the Website. This provision shall be enforceable even in the case
that any arbitration provisions or any other provisions of this section are waived.
15. General Terms
- These Terms, as amended from time to time, constitute the entire agreement between you and us
and supersede all prior agreements between you and us and may not be modified without our
written consent.
- Our failure to enforce any provision of these Terms will not be construed as a waiver of any
provision or right.
- If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable
law, then the invalid and 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 effect.
- Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third
party.
- These Terms are not assignable, transferable or sub-licensable by you except with our prior
written consent, but may be assigned or transferred by us without restriction.
- You agree that we may provide you with notices by e-mail, regular mail, or postings to the
Website.
- The section titles in these Terms are for convenience only and have no legal or contractual
effect.
- As used in these Terms, the term „including” is illustrative and not limitative.
- If this agreement is translated and executed in any language other than English and there is any
conflict as between the translation and the English version, the English version shall control.