Please review these terms and conditions of use carefully before using our website, including, without limitation, the following websites:
This document states the terms and conditions („Terms”) under which ytmp3.cc („we” or „us”) will provide services to you on its website, including, without limitation, the websites listed above (collectively the “Websites”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively „using”) Website, you acknowledge your understanding and acceptance of these Terms. As used in this document, the term „you” or „yours” refers to you, any entity you represent, your entity or its entities representatives, successors, recipients and affiliates, and your or their devices. If you do not agree to be bound by these Terms, please exit the Website and stop using it.
- You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is over eighteen (18), 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 grant you a Usage Grant to use the Website in accordance with Section 2 of this Agreement. You acknowledge and agree that these considerations are adequate and that you have accepted them.
2. Usage Grant
- We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display and use the Website, including all content available on it („Content”) (subject to Website restrictions). ) on your computer or mobile device in accordance with these Terms. You may only access and use the Website for your personal and non-commercial use.
- This grant may be terminated by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but are not obligated to: (i) delete or disable your account, (ii) block your email and/or IP address or terminate your use of and ability to use the Website, and/or (iii) delete and /or delete your User Submission (defined below). You agree not to use or attempt to use the Website after such termination. Upon termination, your granting of the right to use the Website will terminate, but all other portions of these Terms will remain in effect. You acknowledge that we are not liable to you or to any third party for the termination of your granting of use.
3. Intellectual Property
- Content on the Website, excluding User Submissions and Third Party Content (defined below), but including other text, graphic images, photos, music, videos, 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 to our Proprietary Material.
- Unless explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works from, or otherwise exploit, in whole or in part, any Content. li>
4. User Posts
- You are solely responsible for any and all material that you upload, transmit, transmit, create, modify or otherwise make available through the Website, including any sound files that you create, modify, transmit, or download via the Website (on a regular basis). collectively, &bdquo ;User Submission”). User Submissions cannot always be withdrawn. You acknowledge that the disclosure of any personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
- You are 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 User Submissions. For any and all of your User Submissions, you affirm, represent and warrant that:
- You own or have the necessary licenses, permits, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and for User Submissions for any and all the intended use of the Website and these Terms;
- You will not post, or allow others to post, any material that depicts any sexually explicit act; and
- You have the written consent, waiver, and/or permission of each identifiable individual in the User Submission to use the name and/or likeness of each such identifiable individual to enable the use of the User Submission for any and all uses intended by Website and these Terms.
- You further agree that you may not upload, transmit, create, transmit, modify, or otherwise make available any material that:
- Be copyrighted, protected by trade secret or trademark laws, or subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of those rights or have explicit permission from the rightful owner to submit material and to grant us all of the license rights granted here;
- obscene, vulgar, illegal, unlawful, libelous, deceptive, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise objectionable as determined by us at at our own discretion;
- Describing illegal activity, promoting or depicting physical injury or injury to any group or individual, or promoting or depicting any act of cruelty to animals;
- Impersonate any person or entity or misrepresent you in any way, including creating a false identity;
- Will constitute, encourage, or give instructions for a criminal offense, violation of the rights of any party, or that would create liability or violate any local, state, national, or international law; or
- Is advertising, promotion, „spam” unsolicited or unauthorized. or other forms of invitation.
- We do not claim ownership of or control over User Submissions or Third Party Content. You or the third party licensor, as appropriate, retain all copyright in User Submissions and it is your responsibility to protect such rights as appropriate. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to reproduce, perform publicly, publicly display, distribute, adapt, modify, publish, translate, create derivative works from and vice versa exploit User Submissions for any purpose, including without limitation any purpose for which the Website and these Terms are intended. You also irrevocably waive and cause waiver against us and any of our users any claims and statements of moral rights or attributions in connection with User Submissions.
- You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to the User Submission. In particular, you represent and warrant that you have the rights to User Submissions, that you have the right to upload, modify, access, submit, create, or otherwise make available User Submissions on the Website, and that uploading User Submissions will not violate the rights of others or your contractual obligations to the other party.
- You acknowledge that we may in 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 remedies herein, you agree to defend us against any claim, request, lawsuit, or proceeding made or brought against us by a third party alleging that your User Submission or your use of the Website violates this The terms violate or abuse any third party's intellectual property rights or violate any applicable law and you must indemnify us for any and all damages against us and for reasonable attorneys' fees and other costs we incur in connection with such claims, demands, suits or continue.
5. Content on the Website
- You understand and acknowledge that, when using the Website, you will see content from various sources including content provided on the Site by other users, services, parties, and through automated or other means (collectively, „ Content Third Party”) 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 objectionable or may cause damage to your computer system and, without limiting other limitations of the terms of liability herein, you agree to waive, and hereby waive, any rights or remedies or justice you may have against us in connection therewith.
- We do not claim ownership or control over Third Party Content. Third parties own all rights to Third Party Content and they are responsible for protecting their rights accordingly.
- You understand and acknowledge that we have no responsibility whatsoever to monitor the Website for inappropriate content or behavior. If at any time we choose, in our sole discretion, to monitor such content, we are not responsible for that content, have no obligation to modify or remove such content (including User Submissions and Third Party Content), and are not responsible for the behavior others who submit such content (including User Submissions and Third Party Content).
- Without limiting the provisions below regarding limitation of liability and disclaimer of warranty, 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 may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose the Content without the prior written consent of the respective owners/licensors of the Content .
- You acknowledge that we may in 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 Behavior
- You represent and warrant that all information and content you provide to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide us with User Submissions , and (iii) take any action required of you under these Terms.
- You hereby expressly consent to us monitoring, recording and recording 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 prohibited by these Terms;
- You agree to comply with all applicable local, state, national and international laws and regulations;
- You agree not to use the Website in any way that makes us criminally or civilly liable;
- 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 of your User Submissions are your property 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 otherwise use data or Content from the Website;
- You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonably or disproportionately large burden on our technology infrastructure or make excessive demands on it;
- You agree not to "stalk" or harass anyone on or through the Website;
- You agree not to forge headers or manipulate identifiers to disguise the origin of the information you submit;
- You agree not to disable, circumvent or interfere with any security-related features of the Website or features that prevent or restrict the use or copying of any content or that impose restrictions 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, files or programs designed to interfere with, destroy, limit or monitor the functionality of any software or device. any computer hardware or any telecommunications equipment;
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute, or in any way commercially exploit or make available the Website or any Content to any third party;
- You agree not to "frame" or „mirror” Website; and
- You agree not to reverse engineer any part of the Website.
- We reserve the right to take appropriate action against any user for unauthorized use of the Website, including civil, criminal and punitive damages and termination of any user's use of the Website. Any use of our Website and computer systems not permitted by these Terms constitutes a violation of these Terms and certain international, foreign and domestic criminal and civil laws.
- In addition to cessation of granting use of the Website, any breach of this Agreement, including the provisions of this Section 6, will indemnify you of ten thousand dollars ($10,000) for each violation. If your breach results in legal action (whether against you or against us by any party) or physical or emotional harm to any party, you will be indemnified in the amount of One Hundred and Fifty Thousand Dollars ($150,000) for each violation. . We may, at our discretion, transfer any claim for damages or any part thereof to a third party that has been harmed by your behavior. This liquidated indemnity provision is not a penalty, but rather an attempt by the Parties to reasonably ascertain the actual amount of damage that could result from the breach. You acknowledge and agree that the amount of this liquidated damages is the minimum and that if the actual indemnity is greater, you will be liable for the greater amount. If a court of competent jurisdiction finds that these liquidated damages are unenforceable to a certain extent, then the liquidated damages will be reduced only to the extent necessary to make them enforceable.
7. Services on Website
- You acknowledge that the Website is a general purpose search engine and tool. Specifically, but without limitation, Website allows you to search multiple websites for music. In addition, Websites are versatile tools that allow you to download audio files from videos and audio from anywhere else on the Internet. The Website may only be used in accordance with the law. We do not encourage, condone, induce or permit the use of any Website which may violate any law.
- We do not store any User Submissions for more than a temporary period to give users the opportunity to download their content.
- You acknowledge that we reserve the right to charge fees 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 right to use the Website due to a violation of these Terms, you will not be entitled to a partial refund of your fees. In all other respects, such fees will be governed by additional rules, terms, conditions or agreements posted on the Website and/or imposed by sales agents or payment processing companies, as may be amended from time to time.
10. Copyright Claim
- We respect the intellectual property rights of others. You may not infringe any copyright, trademark or other proprietary information rights of any party. We may, in our sole discretion, remove any Content that we believe infringes on the intellectual property rights of others and may terminate your use of the Website if you submit such Content.
- Repeat POLICY BREACH. AS PART OF OUR REPEAT INFRINGEMENT POLICY, ANY USER WHOSE USER WE ACCEPT THREE GOOD BONDS AND EFFECTIVE COMPLAINTS WITHIN A CONTINUOUS SIX-MONTH PERIOD WILL BE DISCONTINUED GRANTS FOR USE OF HIS WEBSITE.
- While we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act. Subject to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Website, we have appointed an agent to receive notice of the claimed copyright infringement. Notifications must be emailed to firstname.lastname@example.org
- All notices that are irrelevant to us or legally ineffective will not receive a response or subsequent action. Effective notification of a claimed infringement must be a written communication to our agent that substantially includes the following:
- Identify the copyrighted work that is believed to have been infringed. Describe the work and, if possible, include a copy or location (e.g., URL) of the official version of the work;
- Identify the material believed to be infringing and its location or, for search results, identify the reference or link to the material or activity that is claimed to be infringing. Please describe the material and provide a URL or other relevant information that will allow us to find the material on the Website or on the Internet;
- Information that allows us to contact you, including your address, telephone number and, if available, your email address;
- A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent, or the law;
- A statement that the information in the notification is accurate and that under perjury that you are the owner or authorized to act on behalf of the owner of the work that is allegedly infringed; and
- Physical or electronic signature of the copyright holder or authorized representative.
- If your User Submission or search results to your website are removed based on a claimed copyright infringement notice, you may provide us with a counter notification, which must be a written communication to our agents listed above and satisfactory to us that substantially includes the following: -the following:
- Your physical or electronic signature;
- Identify the material that has been removed or whose access has been disabled and the location where the material appeared before it was removed or access was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material has been removed or disabled as a result of an error or mis-identification of the material to be removed or disabled;
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the courts at the address you provided, Anguilla, and the location where the recognized copyright owner is located; and
- A statement that you will receive processing services from an acknowledged copyright owner or agent.
11. Modify These Terms
- We reserve the right to change these Terms at any time by posting the amended Terms to the Website. No other notice can be given to you of any changes. YOU ACKNOWLEDGE THAT SUCH USE OF THE WEBSITE FOLLOWING THE AMENDMENT WILL BE YOUR ACCEPTANCE OF THE AMENDMENT, INCLUDING WHETHER YOU ACTUALLY READ THEM.
12. Indemnity and Exemption
- You hereby agree to indemnify us and hold us harmless from any and all damages and claims and expenses of third parties, including attorneys' fees, arising from your use of the Website and/or from your breach of these Terms. li >
- If you have a dispute with any of the other users or any third party, you hereby indemnify us, our officers, employees, agents and successors from claims, demands and damages (actual and consequential) of any kind or nature , known and unknown, suspected and unexpected, disclosed and undisclosed, arising out of or in any way related to the dispute and/or the Website.
13. Disclaimer of Warranty and Limitation of Liability
- READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW (BUT NOT FURTHER).
- The website may contain links to third party websites that are independent from us. We are not responsible for the content, privacy policies, or practices and make no representations or warranties as to the accuracy, completeness, or authenticity of the information contained in any third party websites. We do not have the right or ability to edit the content of any third party websites. You acknowledge that we will not be liable for any and all liability arising from your use of any third party websites.
- This website is provided "AS IS" and without warranty or condition of any kind, express, implied or statutory. We specifically disclaim 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 Website. Some jurisdictions do not allow the disclaimer of implied warranties, therefore in such jurisdictions some of the above disclaimers may not apply to you or be limited to the extent of the implied warranties.
- IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXAMPLE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM US, WITHOUT ANY KIND OF ANY i) YOUR USE, ABUSE, OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIABILITY ON ANY CONTENT ON THE WEBSITE, (iii) INTERRUPTION, SUSPENSION, MODIFICATION, CHANGES OR DISCONTINUATION OF OUR COMPLETE WEB SITE (iv) OPEN WEBSITE . THIS LIMITATION ALSO APPLY TO DAMAGES INCURRED BY REASON OF ANY OTHER SERVICE OR PRODUCT RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE ABOVE 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 ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE PRODUCT, SERVICE, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS, OR (v) ANY ERRORS IN THE CONTENT.< /li>
- ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR SOLE DISCRETION AND RISK. YOU ARE ENTIRELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM SUCH CONTENT.
- YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES IF YOU ARE NOT SATISFIED WITH THE WEBSITE OR ANY OTHER COMPLAINTS WILL CONSTITUTE THE TERMINATION OF YOUR USE OF THE WEBSITE. WITHOUT LIMITATION OF THE ABOVE, IN NO EVENT SHALL OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE DOES NOT EXCEED $100.
14. Legal Disputes
- To the maximum extent permitted by law, these Terms and any claim, cause of action or dispute that may arise between you and us, are governed by the laws of Anguilla without regard to its conflict of law provisions. FOR ANY CLAIM YOU HAVE AGAINST US, YOU AGREE TO PRESENT AND AGREE TO ANY PRIVATE AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE COURT IN AGUILLA. FOR ANY CLAIMS WE MAKE AGAINST YOU, YOU AGREE TO PRESENT AND AGREE TO PERSONAL JURISDICTION IN AND LOCAL COURTS IN AGUILLA AND ANYWHERE YOU CAN BE FOUND. You hereby waive the right to search elsewhere due to inappropriate or inconvenient forums.
- YOU AGREE THAT YOU MAY BRING A CLAIM ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A Plaintiff OR A CLASS MEMBER IN A CLASS OR ANY REPRESENTATIVE ACTION.
- You hereby agree that as part of consideration for these terms, you hereby waive any right you may have in a trial by jury for any dispute between us arising out of or relating to these terms or Website. These provisions will survive even in the event that the 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 cannot be changed 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 deemed invalid or unenforceable in accordance with applicable law, then the invalid and unenforceable provision will be deemed to be replaced by a valid and enforceable provision that is most in line with the intent of the original provision. and the rest of the agreement will continue in effect.
- Nothing herein is intended, or deemed to be, to grant any rights or remedies to any third party.
- These Terms are not assignable, assignable or sublicensable by you except with our prior written consent, but may be assigned or assigned by us without limitation.
- You agree that we may provide you with notices by email, regular mail, or posting to the Website.
- Section headings in these Terms are for convenience only and have no legal or contractual effect.
- As used in these Terms, the term „includes” illustrative and non-limiting.
- If this agreement is translated and executed in any language other than English and there is a conflict between the translation and the English version, the English version will prevail.