These terms contain herein govern your use of the website and present information on the services provided on the company’s websites, and with no limitation to the Website herein and all terms including („we” or „us”) or („Website”).
a. This website is open for use by users within the age of eighteen (18) and above. The only exception to age requirement is where the age of the majority of user is above eighteen (18) years and you are expected to be at least the age of the majority in your jurisdiction. Where it is forbidden by law the use of this Website is not allowed.
2. Grant of Use
a. The grant of use provides you a non-exclusive right to use the Website. The restriction of access includes a non-publicly display and use of the Website as well as its content and herein subject to limited use of the Website on your computer or other surfing devices as provided by these terms. The Grant of Use gives you to access to use the Website for personal and non-commercial needs only.
b. By accepting these terms, you agree that we can terminate your grant of use permission without prior notice. After the termination, you accept that we are not under obligation to (i) deactivate or delete your account, (ii) block your email and/or IP addresses or prevent you from using the Website, and/or (iii) delete and/or remove any of your User Submissions described as follow. You will not use or try to use the Website at the termination of your right to use. Subject to this agreement, the grant of your right to use the Website shall seize upon termination, while all other parts of these Terms remain valid. You expressly admit our non-responsibility to you or any third party upon for the termination of your grant of use of this Website.
3. Intellectual property
a. The Content on this Website, including text, photographs, graphical images, videos, music and software, and not excluding scripts, trademarks, logos, and service marks contained (collectively „Proprietary Materials”), but not including User Submissions and Third Party Information is our property by ownership and/or license. All Property Materials on this Website are subject to copyright, trademark, and/or other relevant right laws within applicable jurisdictions within domestic, foreign, and international laws. Therefore, within the context of Property Materials, we reserve all rights!
b. The only exclusion are, as otherwise explicitly permitted, you acknowledge it is forbidden to copy, modify, transmit, publish, distribute, and never to participate in the transfer or sale of, make a copy of, or reproduce the Content in any manner in whole or part.
4. User Submissions
a. You agree that User Submissions cannot always be withdrawn, and you agree that any personal information you disclosed in User Submission may help to identify you, and you indemnify us from any confidentiality breach arising from your User Submission. You expressly acknowledge your responsibility for any and/or all materials uploaded by you on this Website, including sound files you create, modify, transmit or download via the Website (collectively, „User Submissions”). Also, you take responsibility for the submission, transmission, and creation or modification of your Content on the Website.
b. You take full responsibility for any or all of your User Submissions consequences arising from uploading, submitting, modifying, transmitting, creating, or otherwise, as you made available through User Submissions. You affirm, represent, and warrant, in respect of all your User Submissions, that:
- i. You agree not to post or allow your access to be used to post any content that is sexually explicit in nature;
- iii. You agree to allow us to use the information on every identifiable person as you have uploaded through your User Submission on the Website according to the stipulated purpose of the Website as expressly stated in these Terms and websites.
c. You further acknowledge and agree to not upload, submit, create, transmit, modify, or be involved in materials that:
- i. Is vulgar, obscene, illegal, defamatory, unlawful, fraudulent, libelous, harmful, harassing, abusive, threatening, hateful, invasive of privacy or publicity rights, racially or ethnically offensive, inflammatory, or otherwise unsuitable as within our sole discretion to decide;
- ii. Is under copyright protection, secured by industry secret or trademark legislation, or in any case subject to outsider restrictive rights, including protection and exposure rights, except if you are the owner of such rights or have express consent from the legitimate owner to present the material and that you concede every right to us granted to you;
- iii. Unfit for use on our Website because it contains illegal activities, capable of inflicting physical injury or harm on others and it encourages cruelty against animals;
- iv. Would make up, assist or provide instructions for aggression against criminal, a violation of any party's rights, or that otherwise would create liability or infringe any local, state, national or international legislation;
- v. It is a misrepresentation of facts and impersonates others and contains the false identity of persons and may affect our purpose and integrity; or
- vi. It is not solicited or not authorized for advertising, promotion, „spam” or any other kind of solicitation.
d. You guarantee the ownership of all the rights, power, and authority necessary to grant the rights granted herein to User Submissions. Expressly, you signify and ensure that you possess the title to the User Submissions that you are authorized to access, upload, modify, transmit, create or 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.
e. We declare no title or authority over User Submissions or Third Party Content. A third-party licensor or you, as applicable, reserve all copyrights to User Submissions, and you take responsibility for the protection of those rights as proper. Without hindrance, you grant us a non-exclusive, worldwide, royalty-free, non-cancelable, perpetual, sub-licensable right to reproduce, publicly display, publicly perform, distribute, adapt, publish, modify, translate and otherwise exploit User Submissions for any purpose, including without limitation any use considered by the Website under these Terms. You also, forever, put aside and cause to be waived against us and any of our users any accusations and contentions of moral rights or attribution concerning User Submissions.
f. You confirm that we have the sole discretion to refuse to publish, remove, or block access to any User Submission as we deem appropriate, or for no reason at all, and we may do so with or without advice to you.
g. You expressly, without limiting the other indemnification provisions herein, agree to indemnify us in any claim, demand, suit or legal proceeding against us by any third-party claiming that your User Submissions or use of the Website in breach of these Terms violates or abuses the intellectual property rights of any third-party or infringes applicable law and you shall protect us for all damages against us and reasonable attorney's expenses and other costs incurred by us in connection with any such claim, demand, litigation or proceeding.
5. Content on the Website
a. We profess no authority or control over Third Party information. Third parties reserve all rights to Third Party Content, and they have the responsibility to defend their rights as proper.
b. You agree that by using the Website, you will be shown Content from different sources including information made available by other users, parties, services and via automation or other techniques (collectively, „Third Party Content”) that we have no control over your activities and are not accountable for any Third-Party Content. Also, you acknowledge that you may be exposed to inaccurate, indecent, offensive or otherwise unacceptable Content that may hurt to your computer and, without restricting the other limitation of liability provisions herein, you admit to surrender, and with this do waive, any legal or equitable rights or remedies against us concerning that.
c. You acknowledge that we are not liable whatsoever for watching the Website for unsuitable Content or behavior. Whenever we choose, in our sole discretion, to observe such Content, we take no responsibility for such Content, and it is not our duty to modify or delete any such information (including User Submissions and Third Party Content). We are not liable for the action of others uploading any such information (including User Submissions and Third Party Content).
d. You admit that we have the sole discretion to decline to publish, remove, or block access to any Content for any reason, or no reason at all, with or without warning.
e. Without prejudice to the provisions below on limitations of liability and disclaimers of warranties, all Materials (including User Submissions and Third Party Materials) on the Website is available to you „AS-IS” for your knowledge and personal use only and you confirm not to use, copy, reproduce, transmit, distribute, display, broadcast, sell, license or otherwise use for any other purpose whatsoever the Content without written consent of the licensors or the respective owners of the Content.
6. User Conduct
a. You expressly allow us to monitor, document, and keep the history of your actions on the Website.
b. You agree and warrant that all the Content you provided to us is correct and current and that you are the copyrights owner with the power to (i) agree to these Terms (ii) provide us with the User Submissions, and (iii) you have the authority to act under these Terms.
c. As a requirement of your use of the Website:
- i. You agree to use the Website only for a lawful purpose. You will not use it in any way that violates these Terms;
- ii. You acknowledge that all your User Submissions are legally yours and that you have the ownership and authority to make them available them to us and use them on or through the Website;
- iii. You agree not to engage in reverse engineering activity on any portion of the Website;
- iv. You acknowledge being entirely responsible for all acts and omissions that occur in your use of the Website;
- v. You acknowledge not to forge headers or otherwise manipulate identifiers to conceal the source of any content you transmit;
- vi. You agree abide by all applicable local, state, national and international laws;
- vii. You agree to not expose the Website to criminal or civil liability in your use of the site;
- viii. You agree to take no action that imposes or may impose, in our sole judgment, a sizably irrational load on our technology base or otherwise, make extreme demands on its resources;
- ix. You accept not to link to, post, or otherwise upload on the site any material that exposes it to viruses or software to destroy, interrupt, slow down or watch the activities of the Website;
- x. You agree that it violates these terms to license, sublicense, sell, resell, assign, transfer, distribute or otherwise to commercially exploit the Website through the Content you upload;
- xi. You consent to refrain from using any automated means such as crawlers, data mining tools or robots to download, monitor or use data or Content from the Website;
- xii. You agree not to circumvent, disable, or otherwise impede security-related features of the Website or prevent or limit use or copying of any information which impose limitations on the smooth running of the Website or the information therein;
- xiii. You agree not to violate of these terms to „frame” or „mirror” the Website, and you agree not to do it; and
- xiv. You accept not to „stalk” or otherwise attack anyone on or through the Website.
d. We are free to make legitimate move against any client for any infringement of these terms, including common, criminal, and injunctive change and to prevent guilty party the utilization from claiming the Website. Unapproved utilization of the Website and our PC frameworks damages these Terms, including material universal, outside, and household criminal and common laws and guidelines.
e. Further to the grant of use termination, your violation of these terms, and the provisions of this Section 6, shall be subject to liquidated damages of ten thousand dollars ($10,000) per violation. If your infringement results in legal action (whether against you or us by any party), including physical or psychological harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Dollars ($150,000) on each breach. We reserve the right to assign any such claim or a portion of it to other aggrieved party regarding your action. These liquidated damages are not penalty, but an attempt by the Parties to logically seek redress commensurable to such a violation. Therefore, you agree that damages amount is a minimum and that if the actual damages are more, you shall be liable for the higher amount. If a court with competent jurisdiction invalidates these liquidated damages to any extent, then the damages shall be enforced to the extent of its validity.
7. Services on the Website
a. We do not store or keep any User Submissions any longer than a transitory period to give users a chance to download their Content.
b. You confirm that the Website is a general-purpose search engine and tool. Clearly, but without restriction, it allows searching multiple websites for music. Furthermore, it is a general-purpose tool for downloading audio files from videos and audio from other internet resources. Therefore, you agree that the Website may only be used according to these terms and prevailing laws.
c. You acknowledge that we do not condone, encourage, induce, or allow utilizing the Website in a way that violates applicable laws.
a. You acknowledge that you shall not be entitled to a refund of any portion of your expenses if we terminate your rights to use the Website because of a breach of these Terms at any time.
b. You, also, confirm and agree that we reserve the right to charge for our services in part or whole, and that is in our sole discretion to change our fees as we deem appropriate.
c. In all other respects, you confirm that additional rules shall govern such fees, terms, conditions, or agreements posted on the Website and/or requested by any sales agent/payment processing company, as amended from time to time.
c. Your continued use of the site after such amendments is a confirmation of your acceptance of such modifications, regardless if you read them.
10. Copyright Claims
a. We have the sole discretion to remove any Content we believe violates the intellectual property rights of others, and we reserve the right to terminate your use of the Website if you breach these terms.
b. We value the intellectual property rights of our Users and others. You may not violate the copyright, trademark, or other proprietary rights of any party.
c. REPEAT INFRINGER POLICY. IN ENFORCEMENT OF REPEAT INFRINGER POLICY, ANY USER FOR WHOSE MATERIAL HAD THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS IN A CONTIGUOUS SIX-MONTH PERIOD WILL HAVE THEIR GRANT OF USE OF THE WEBSITE CANCELED WITHOUT WARNING.
d. Although our site is not subject to laws of the United States, we undertake voluntary compliance Under Title 17, Section 512(c)(2) of the United States Code of the Digital Millennium Copyright Act.
e. If you have proven evidence your copyrighted material is being infringed, in part or whole, on the Website, forward your claimed copyright infringement to our agent designated to receive your notification. Send your notifications email to firstname.lastname@example.org:
f. All irrelevant and ineffective notifications will receive no action or response thereupon. A relevant notification of infringement must have a written communication to our agent through the address, and it must include the following:
- i. Your telephone number, address, and, if possible, your email address;
- ii. Identification of the material allegedly infringed, referenced, or linked to the content claimed to be infringing. Please provide URL or any substantial information to allow us to locate the content on the internet or Website;
- iii. Identification of the supposedly infringed copyrighted work. Please describe the work and include the location or a copy of an authorized version of the work;
- iv. A statement that the use of the affected material is unauthorized by you, your agent or the law;
- v. Any electronic or physical signature of the copyright owner or an authorized representative; and
- vi. A statement under penalty of perjury to show that you are the owner or are authorized to represent the owner of the infringed material.
g. If the search result to your Website is removed under a notification of alleged claimed copyright infringement, you should provide us with written communication (counter-notification) to our agent, and it must include the following:
- i. Your name, telephone number, address, email address, and a statement that you agree to the jurisdiction of courts in the address you provided;
- ii. A comment within the penalty of perjury that the material was removed or disabled as a result of misidentification or mistake;
- iii. A physical or electronic signature belonging to the copyright owner or an authorized representative;
- iv. A statement that you accept service of process from the supposed copyright owner or an authorized agent;
- v. Identification of the content removed or disabled and location, which the article appeared before it was disabled or removed.
11. Limitation of Liabilities
a. This section limits our liability to the maximum extent permitted under the law.
b. We are not liable for special, direct, consequential, indirect, or exemplary damages resulting from any part of your activities on the Website without control. Such damages arising from:
- i. Your reliance on any material on the Website;
- ii. Your inability, use or misuse of use the Website;
- iii. The termination of service by us; or
- iv. The suspension, interruption, alteration, modification, or complete discontinuance of the Website.
c. These limitations also apply concerning damages incurred because of other products or services advertised or received in connection with the Website.
d. Some jurisdiction does not allow some limitation of liability. Therefore, in such jurisdiction, some of the preceding limitations may not apply to you.
e. This Website may contain information or links to third-party websites that are independent to us. We are not liable for the content or privacy policies, and make no representation or warranty as to the authenticity, accuracy, or completeness of the information contained in any third party websites. We cannot edit the content of any third party websites. You agree to indemnify us from any liability arising from your use of any third party websites.
f. We do not guarantee this Website will:
- v. Be timely, error-free, uninterrupted or secure
- vi. Meet your expectations or requirements
- vii. Be reliable and accurate
- viii. Be corrected of any error in contents.
g. You are liable for any damage suffered by your computer system as any material obtained in from the Website is at your own risk and discretion.
h. Your rights and remedy, in case of your dissatisfaction with the Website or any other grievances, will be resolved by the termination of your use of the Website. Without limitation, in no case shall the maximum liability of us arising from your use of the websites exceed $100.
12. Legal disputes
a. You agree that, as part of the consideration for these terms, you at this moment surrender any right to subject us to trial by a jury for any dispute between us arising from these terms. This provision remains enforceable even in the case that any other requirements in this section are waived.
b. You agree that may bring claims only in your capacity and not as a class member or plaintiff.
c. For any claim you brought against us, you agree to submit and consent to the exclusive and personal jurisdiction in, and the exclusive venue of the court. For any claim we file against you.
d. You agree to submit and consent to the exclusive and personal jurisdiction in, and the particular venue of the court.
a. You agree to indemnify us and hold us uncountable from all damages, including third-party claims and expenses comprising attorney’s fees, arising from your use of the Website or breach of these Terms.
b. In any event that you have a dispute with one or more users or any third parties, you at this moment release us, our employees, agents, officers, and successors from any claims, damages, and damages of every kind of nature, disclosed and undisclosed, known and unknown, suspected and unsuspected, arising out of disputes or the Website.
14. General Terms
a. These Terms are not transferable, assigned, or sub-licensable by you except with our prior consent, but we may transfer or assigned it without restriction.
b. As used in these Terms, the term „including” is illustrative and without limitation.
c. These Terms, as may be amended, constitute the entire agreement between you and us, and it supersedes all prior agreements between us.
d. If this agreement is translated and executed in any language other than English and a conflict exists between the translation and the English version, the English version shall take precedence over the different versions.
e. Our failure to act on any provision of these Terms relative to 6.1 will not be construed as a disclaimer of any provision or right.
f. If any of these Terms is determined to be invalid or unenforceable according to the law, the invalid and unenforceable terms will be superseded and taken over by a valid, enforceable one, which closely matches the purpose of the original intention.
g. None of these terms is intended to confer rights or remedies upon any third party.
h. You agree to receive notices from us through regular mail, email, or postings to the Website.
i. The section titles in these Terms have no legal or contractual effect.
15. Modification of These Terms
a. Amendment to these terms may be carried out by us at any time by posting amended Terms to the Website.
b. You agree that your using this Website after such amendment will constitute your acceptance of such changes regardless of reading them or not.