ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY UTUBBER, INC., (d/b/a UTUBBER.COM) THROUGH THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH UTUBBER AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE. UTUBBER HERERBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE OR SERVICES.
You are the only responsible for the data (e.g. URLs) which it sends to the Utubber service. One is reminded that the illicit exchanges of recordings and protected works as well as the hacking harm artistic creation. One is reminded that also non the respect of the laws in force, in particular those concerning the respect of the intellectual and artistic property, can give place to continuations and judgments.
Utubber is meant for creating a recording / copy of downloadable online videos for the personal use ("fair use"). Any further use of the content downloaded / recorded by Utubber, particularly but not exclusively making the content publicly accessible or using it commercially, must be agreed upon with the holder of the rights of the respective downloaded content. The user bears full responsibility for all actions related to the data transmitted by Utubber. Utubber does not grant any rights to the contents, as it only acts as a technical service provider.
The user carries the responsibility for checking the legitimacy of his use of Utubber. The legitimacy of using this service may differ in the users country through local laws. Utubber only provides the technical platform. Hence, ClipConverter does not take liability towards the user or any third party for the permissibility of downloading content through Utubber.
Utubber is a free service, which does not offer any guarantee of any kind as for its use.
Utubber reserves the right to change or discontinue any of the Services at any time.
Acceptance of Terms of Service
These Terms of Service (the "Agreement" or "Terms of Service") is a legally-binding agreement between you, either an individual or an entity ("you" or "user"), and Utubber, Inc., (d/b/a Utubber.com) "Utubber") regarding use of http://utubber.com and other related websites owned and/or operated by Utubber (together, the "Website"), products (for example, Utubber Net Helper), and Services, as defined below. Utubber makes Website, and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Services (collectively, the "Content") available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website or Services. If you do NOT agree to any additional specific terms which apply to particular Content or to a particular transaction concluded through the Website or Services, then you should NOT use the part of the Website or Services which contains such Content or through which such transactions are concluded. Also, when you use any current or future Utubber service or visit Utubber's Website or obtain any products or services, whether free of charge or for payment, provided by Utubber, you will be subject to the guidelines and conditions applicable to such products or services.
These Terms of Service may be amended by Utubber at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after you login into your User Account (as defined below), or by e-mail to the address you provided when you set up your User Account. Your failure to provide or maintain accurate or current contact information in your User Account will not obviate your responsibility to comply with these Terms of Service as amended from time to time.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
Utubber reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. Utubber also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
You can use our service to download videos and other files from Youtube.
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. UTUBBER IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE UTUBBER APPLICATION, WEBSITE, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Utubber is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Your Use of the Website and Services
You agree not to access (or attempt to access) the Services by any means other than through the means provided by Utubber or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, you agree:
Utubber does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties' proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person's personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
Utubber Sponsored Content
From time to time Utubber may enter into partnerships with third party service providers who may use User Content in connection with commercial, sponsored, or related content, within the Website or Services (such use referred to as "Sponsored Content"). If your User Content (including your name, username, profile picture, content, photograph, or other likeness) is used on the Website for purposes of Sponsored Content, Utubber will notify you of this use and provide you the option to "opt-out" of having your User Content used in this way. Also, you may choose to prevent all future use of your User Content for purposes of Sponsored Content within the Website. If you are under the age of eighteen (18) or under any other legal age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, username, profile picture, content, photograph, or other likeness) on your behalf. Parents or legal guardians of minor children whose User Content appears in Utubber's Sponsored Content may choose to "opt-out" and prevent all future use of a minor's User Content in this way. If you are unsure whether your User Content has been used as part of Utubber's Sponsored Content and would like to find out, please contact us at firstname.lastname@example.org. Utubber will need to verify your identify before responding to any requests so please be prepared to provide certain information such as your username, password, or other information as requested by Utubber.
Guidelines for Communicating with Users
Utubber reserves the right to modify and/or delete any message submitted by users, at its sole discretion, at any time and for any reason, including, but not limited to material which in Utubber's opinion:
Utubber provides technical support for users. In order to receive technical support from Utubber, the user seeking such support must request such support by contacting Utubber at email@example.com. The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). Utubber will make reasonable efforts to respond to such requests in a timely manner. The user shall cooperate with Utubber when seeking technical support services by providing information necessary to assist Utubber or requested by Utubber while diagnosing or resolving the issue. Although Utubber cannot guarantee that a technical support issue will be resolved, Utubber will make reasonable efforts to perform technical support services in a professional manner.
Term and Termination.
The term of these Terms of Service ("Term") shall begin when you start using the Website or Services and shall continue in perpetuity unless otherwise terminated by Utubber or you by written notice. Utubber reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of Utubber's trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
The Website and Services may include links to other Website and/or third party products and that are not under Utubber's control (collectively, "Third Party Materials"). Utubber shall not be responsible in any way for such Third Party Materials. Utubber provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Utubber of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Copyright, trademark and all other proprietary rights in the Website, Utubber , Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with Utubber and/or its licensors. Unless otherwise specifically provided herein or authorized by Utubber in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Utubber, or Services, other than in conjunction with the Services offered by Utubber through the Websites.
Utubber hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Utubber disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". UTUBBER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. UTUBBER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE UTUBBER WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. UTUBBER DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY UTUBBER ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Utubber in writing, contractors, agents, dealers or distributors of Utubber or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. UTUBBER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UTUBBER OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Services may contain references to specific Utubber products and Services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.
IN NO EVENT SHALL UTUBBER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF UTUBBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST UTUBBER PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, AND SERVICES MUST BE COMMENCED AND NOTIFIED TO UTUBBER IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO UTUBBER IN CONNECTION WITH THE WEBSITE, UTUBBER AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UTUBBER; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY UTUBBER DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all items sent, received, downloaded, or purchased from the Website and Services may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Website and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Notice and Procedure for Making Claims of Copyright Infringement
It is Utubber policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Utubber Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Utubber and its affiliates that your copyrighted material has been infringed.)
Utubber's Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Unlawful or Prohibited Use
You may not use the Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party's use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Utubber to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any Utubber server or otherwise attempt to disrupt the Utubber servers. ANY ATTEMPT BY YOU TO DAMAGE UTUBBER'S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF UTUBBER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, UTUBBER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless Utubber, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party (such as "Supported Resources"), including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Utubber endorses or sponsors the linker or its website, products or services. You must not use Utubber's intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Utubber. Furthermore, you agree to remove the link at any time upon Utubber's request.
Ending Your Relationship with Utubber
These Terms of Service will continue to apply until terminated by either you or Utubber as set out above. If you want to terminate this legal agreement with Utubber (i.e. these Terms of Service), you may do so by notifying Utubber at any time in writing at firstname.lastname@example.org. Utubber reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Utubber whatsoever.
Utubber may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Utubber's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If the Website and Services are not available for any period or any time, Utubber shall not be liable. Utubber gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Utubber reserves the right to suspend the operation of the Website or Services. You agree that neither Utubber nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
Utubber will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Utubber.
Agreement to Deal Electronically
All transactions with or through the Website or Services may, at Utubber's option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause Utubber immediate and irreparable harm and damages. As a result, Utubber has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Utubber in law or in equity, Utubber may seek specific performance of any term in these Terms of Service.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Utubber does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2016 Utubber, Inc. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of Utubber, Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Utubber™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Utubber, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Utubber, Inc or third party trademarks or logos without the prior written consent of Utubber, Inc. or the applicable trademark owner is strictly prohibited.
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