Terms of Use

MP3download.to Terms of Use

We encourage you, the user, to read and carefully review the terms and conditions before using our websites, including, without modification, the following websites:
Mp3download.to

This document presents the Terms and Conditions (referred to as “Terms”) whereupon mp3download.to (referred to as “we” or “us”) will grant service to you using its website including the one stated above (collectively referred to as “website”).This document established a contractual agreement between us and you, as parties involved. By visiting, gaining access, using, and enlisting (all of these actions are referred to as “using”) the website, you are conveying that you understand and accept these Terms. As used in this document and explicitly stated, the terms “you” and “your” are directed to you or any of your representatives, successors or assigns, associates, or any of your or their devices. If you do not agree to be obligated by these Terms, then please navigate away from the website and stop using it.The service offered by the website is contingent on you accepting, without any type of alterations, the terms and conditions included on this page. By using the website, you are expressing full compliance and complete agreement of the terms set out.

1. Acceptability

a. In order to use our website, you must be at least 18 years old or at the age of majority in your jurisdiction, whichever is greater. If you are not at the age of majority, you are prohibited by law to use the website.

b. The consideration of your acceptance to the Terms is we are giving you a Grant of Use in accordance with Section 2 on this subject.

2. Grant of Right to Use

a. We are granting you a non-exclusive, non transferable, and defined right to access, non-publicly open and use the website, inclusive of the content available within but also subject to the restrictions of the website. Your access and use is only limited to personal and noncommercial purposes.

b. We can terminate this grant for any reason and at our sole discretion, with or without prior notice. Upon the cessation of this grant, we may but are not compelled to: (i) remove or deactivate your account, (ii) shut off your IP and/or email addresses or under other conditions, completely halt your ability to use and access the website, and/or erase any of your User Submissions. After the termination, you agree to not use or even attempt to use the website’s services. Along with the termination, your Grant of Use will also be revoked, but all the other sections of these Terms shall continue to take effect. You accept that we are not answerable to you or to any third-party

2. User Submissions

a. User Submissions are defined in this section as all materials that you submitted, modified, created, or made available through the website, including any sound/audio files that you created, transmitted, and downloaded via the website. User submissions cannot always be retracted, withdrawn, or reversed. You recognize that any personal information included in User Submissions may make you identifiable and that we do not assure any confidentiality in relation to the User Submissions.

b. You shall be wholly responsible for any and all of your User Submissions and the ramifications of uploading, creating, submitting, or under other conditions, making the User Submissions available. For all of your User Submissions, you declare, affirm, and authorize that:

i. You are the owner or have the needed licenses, rights, and permissions to use and permit us and the website to use and work with all copyrights, trademarks, and proprietary rights with regard to User Submissions for any and all uses expected by the website and these Terms;

ii. You will not post, or permit anyone to post, any material that describes and shows any sexually explicit acts; and

iii. You have written permission and consent from each and every verifiable individual in the User Submissions to use the likeness and/or name of these individuals in the User Submissions for all uses expected by the website and these Terms.

c. Further, you acknowledge that you shall not create, transmit, submit, upload, and make available any material that:

i. You Is protected by copyright, trademark, and trade secret laws; subservient to third-party proprietary rights, which includes publicity and privacy rights, unless you own such rights or have clear-cut permission from the owner to submit such material and grant us all the license rights granted in there;

ii. Is fraudulent, defamatory, illegal, obscene, vulgar, hateful, racially offensive, or otherwise inappropriate as determined by us in our sole discretion.

iii. Contains depiction of animal cruelty, illegal activities, and encouragement of violence and physical harm to individuals or groups.

iv. A misrepresentation of a person or entity, including forging an identity.

v. Contains instructions and encouragement for a criminal offense (such as murder or making explosives), violation of rights of any individual or party, or that would otherwise create susceptibility or in violation of any law, whether local, national, or international.

vi. Contains unsolicited or unwarranted advertising, spam, or any form of solicitation.

d. We profess no control or ownership over the User Submissions or Third Party Content. Either you or a third-party licensor will retain the right to the User Submissions and will protect those rights as deemed appropriate. You irreversibly give us a nonexclusive, royalty-free, sublicensable license to reproduce, and to create secondary works of and otherwise manipulate User Submissions for any purpose, including without reservation, as intended by the website and these terms. All claims and assertions against us and other users regarding the User Submissions shall also be irrevocably waived.

e. You express and authorize that you have all the necessary power, rights, and authority to bestow the rights granted within User Submissions. You categorically and clearly express and authorize that you are the owner of the title to the User Submissions, and that it is within your right to upload, modify, transmit, and be made available the User Submissions on the website, and that doing so will not violate or infringe upon the rights of any other party.

f. You agree that we may disallow to publish, remove, or prevent access to any User Submissions with or without reason and with or without prior notice.

g. You acknowledge that you agree to defend us against any claim or suit by a third-party asserting that your User Submissions or your use of the website violates the intellectual property rights of any third party. You agree to compensate us for any damages and for the attorney’s fees and other costs subjected to us in connection with such claims or suits.

4. Intellectual Property

a. The website’s content, not including Third Party Content and User Submissions, but including all other things such as text, logos, service marks, photographs, designs, graphical images, etc., are owned by and/or licensed to us. (It is collectively known in this document as “Proprietary Materials.”) Proprietary Materials are under copyright and trademark laws, as well as any law applicable to the area of jurisdiction. We retain all rights over our Proprietary Materials.

b. Unless you have a written consent or permission, you agree not to copy, modify, transmit, publish, or take part in the transfer or sale of any derivative works of any Content.

5. The Website’s Content

a. When using the website, you understand and accept that you will be unsheltered to content from various sources including content on the website made available by other individuals or parties (may be referred to as “Third-Party Content”). We are not responsible and certainly not in control of third party content. You accept and acknowledge that you may be exposed to offensive, questionable, or inaccurate Third-Party Content that you may find objectionable or may contain things that may cause harm to your computer systems, and hereby agree to waive any legal remedies or equitable right you may have against us concerning thereto.

b. We do not own or have any control over Third-Party Content. Third parties hold all the rights to Third-Party Content and they are answerable for protecting those rights as they see fit.

c. You accept and agree that we take no responsibility for keeping track of the Website with regard to inappropriate conduct or content. In the event that we monitor such content in our sole discretion, we are not responsible for such content and we are under no obligation to remove or modify such content and do not assume liability for the conduct of the parties or individuals submitting those content (these includes User Submissions and Third-Party Content).

6. The User Conduct

a. You show and authorize that all the information you provided and the content that you submitted is accurate and up-to-date, and that you have the needed rights, authority, and power to (i) comply with these Terms, (ii) provide us your User Submissions, amd (iii) carry out the acts require to you by these Terms.

b. You unequivocally authorize us to record and monitor any of your activities on the website.

c. So you can use the website, you hereby agree:

i. To use the website legally and not for any illegal or unlawful purpose, and in any way that is in violation of these Terms;

ii. To concede to all applicable laws and regulations whether that’s local, national, or international;

iii. Not use the website in a manner that may lead us to exposure of criminal and civil liability;

iv. To be solely responsible for all acts and failings that may occur as a result of using the website;

v. That you have all the rights and authority to provide us your User Submissions and handle and manage them through or on our website;

vi. Not to use any data mining tools, robots, crawlers, or any other automated means monitor, download, or use the content or data from the website;

vii. Not to harass or stalk anyone by way of our website;

ix. Not to falsify headers or other data that hides the origin of any transmitted informations;

x. Not to interfere with the website’s security-related features that may prevent or impede the copying or using of content or may hamper the use of the website or its content;

xi. Not to commercially exploit the website or make its content available to any third party. You acknowledge that you would not license, sell, transfer, or distribute any content of the website to any third party;

xii. Not to make available through the website content that has viruses, malware, or any file and programs created to destroy the function of the computer system, software, hardware, or equipment;

xiii. Not to “mirror” or “frame” the website, meaning to make it viewable on your own website or other websites;

xiv. Not to reverse-engineer any part of the website.

d. We reserve the right to take pertinent action against anyone that uses the website illegally, including the termination of the grant of use. Any usage of the website that are not specified in these Terms are deemed illegal and unauthorized and is a violation of these Terms and may also be a violation of certain local, national, or international laws.

e. In addition to the termination of the use, any violation of the Agreement including the provisions of Sections 6 (The User Conduct) shall make you answerable to converted damages amounting to $10,000 (TEN THOUSAND DOLLARS) for each violation. If the violation emanates to legal action or results to physical or emotional harm to any party, you shall be answerable to liquidated indemnities or damages amounting to $150,000 (ONE HUNDRED FIFTY THOUSAND DOLLARS) for each violation. At our discretion, we may assign a portion of the damages to any third party you may have wronged. These converted monetary damages are not penalties but an attempt from all the parties involved to ascertain the extent of the damage that may take place after a violation. You agree that the amount stipulated is a minimum and if the damages are ascertained to be greater than the amount stated therein, you are liable for the greater amount. If a court of competent jurisdiction rules that the liquidated damages are unenforceable, then the amount shall be lowered up until the extent that the amount can be enforceable.

7. Services

a. You acknowldge that the website is a general purpose tool and a search engine. In particular, but without restriction, the website allows you to search music on YouTube. Additionally, the website allows you to download audio from videos on YouTube. Hence, the website may only be used in accordance with this purpose. Any violation of the law is never encouraged and condoned.

a. You acknowledge that the website is a general purpose tool and a search engine. In particular, but without restriction, the website allows you to search music on YouTube. Additionally, the website allows you to download audio from videos on YouTube. Hence, the website may only be used in accordance with this purpose. Any violation of the law is never encouraged and condoned.

b. We do not store or keep a copy of User Submissions until a reasonable and brief period of time that enables users to download their content.

8. Fees

a. You accede that we reserve the right to impose payment on all our services and to make changes to our fees and subscriptions from time to time. If you have breached these Terms and we decided to terminate your grant of use, you shall not hold the right to a refund, whether in full or in part. Also, such fees shall be regulated by additional terms, rules, agreements, or conditions that will be posted in the website and/or established by a payment processing company or by any sales agent, as may be modified from time to time.

9. Privacy Policy

a. We keep a separate Privacy Policy and your acceptance of these Terms automatically signifies your consent to the Privacy Policy. We hold on to the right to amend the Privacy Policy at any moment by putting such amendments on the website. You will not be notified regarding these amendments other than it’s posting. If you still use the website after these amendments are posted, it establishes your acceptance of the changes even if you have not read it.

10. Copyright Claims

a. We respect and hold in high regard the intellectual property rights of others. You are not allowed to infringe or violate the trademark, copyright, or other proprietary informational rights of any person, group, or party. We reserve the right to remove any content that we deem is a violation of the intellectual property rights of others and submitting such content may lead to the termination of your grant of use.

b. As a section of our Repeat Infringement Policy, any user that submits material that we receive three effective and good-faith complaints of within any contiguous six-month period will have their use of the website terminated.

c. Even if we are not under the United States law, we willingly comply with the DMCA or Digital Millennium Copyright Act. Pursuant to DMCA, specifically at Title 17, Section 512(c)(2) of the United States Code, if you have reason to believe that any of your copyrighted material is being infringed on the Website, we are appointing an agent that received your claims and notifications. All claims and notifications shall be emailed to [email protected].

d. All infringement notifications that are not appropriate or legally inadequate will not be acted upon. A relevant notification should include:

i. Description of the copyrighted work that is believed to be violated. Include copy or copies or links to the authorized version of the work.

ii. Add other pertinent information such as URL that will enable us to locate the material.

iii. Your contact information such as a physical address, telephone number, and email address.

iv. A statement that specifies your belief in good faith (under the penalty of perjury) that the material in question was not authorized by the law, by you, or your agents.

v. A statement on the accuracy of the information presented and that you are the owner (or authorized by the owner) of the work that is supposedly infringed.

vi. A signature, whether it’s physical or electronic, from the copyright holder or his authorized representative.

e. In the spirit of fairness, if a search result or submission to the website is removed because of a notification of claimed copyright infringement, you may provide a counter-notification in writing that includes the following:

i. Your signature, whether in electronic or physical form.

ii. Description of the material in question and if possible, the location of the material appeared before it was removed.

iii. A statement, under the punishment of perjury, that you have a belief in good faith that the material being removed is a result of a mistake or misidentification.

iv. Your name, physical address, phone number, email address and an affidavit that you accede to the court’s jurisdiction in your provided address, Anguilla, and the location of the alleged copyright owner is situated.

v. A statement that you will acknowledge service of process from the professed copyright owner or his authorized agent.

12. Release and Indemnification

a. You acknowledge and agree that you indemnify us and hold us innocent from all third party claims, damages, and expenses, inclusive of attorney’s fees that resulted from your use of the website or from violating and breaching the terms.

b. In the event that you have a conflict with other user or users or any other third parties, you hereby agree to release us, including anyone that works for us and the successors-in-rights, from demands, claims, actual and consequential damages of any type and nature, suspected or unsuspected, known or unknown, disclosed or undisclosed, or anything that may result or related to these disputes and/or the website.

13. Disclaimer of Warranties and Limitations of Liabilities

a. Please read this section thoroughly as it limits our liability to the maximum extent allowable under applicable law (and no further).

b. The website may have links connecting to third-party websites which are totally independent from us. We are in no way answerable or responsible for any of those third-party websites’ content , practices, privacy policies, and authenticity of information. We don’t have the right nor the capacity to edit and modify the content of these websites. You accept that we are not liable from anything that may arise from your usage of these third-party websites..

c. The website is provided as is, which means, you are using the services at your own risk and there is no warranty, statutory or implied. We expressly and specifically disclaim to the fullest extent any implied warranties of merchantability, non-infringement, accuracy of information, integration, suitability for a particular purpose, quiet enjoyment, or interoperability. We disclaim any warranties for viruses, malware, and other harmful components in relation to our website and the use of the website’s service. There are some jurisdictions that do not avow the disclaimer of implied warranties, therefore in such areas of authority, some of the aforementioned disclaimers may not be applicable to you or be limited inasmuch as they relate to such implied warranties.

d. UNDER NO CONDITIONS SHALL WE BE RESPONSIBLE AND LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM ANY FACET OF YOUR USE OF THE WEBSITE, WHETHER, WITH LIMITATION, SUCH DAMAGES IS A PRODUCT OF (i) YOUR USE, MISUSE, MISHANDLING OR INCAPABILITY OF USING THE WEBSITE; (ii) YOUR DEPENDENCE ON ANY CONTENT ON THE WEBSITE, (iii) THE SUSPENSION, INTERRUPTION, MODIFICATION, AND COMPLETE DISCONTINUATION OF THE WEBSITE OR (iv) THE TERMINATION OF OUR SERVICES WITH OUR DISCRETION. THESE LIMITATIONS ARE ALSO APPLICABLE WITH RESPECT TO DAMAGES THAT RESULTED BECAUSE OF THE USE OF OTHER SERVICES AND/OR PRODUCTS ADVERTISED OR RECEIVED IN CONNECTION WITH THE WEBSITE.

e. WE DO NOT GUARANTEE THAT (i) THE WEBSITE WILL COMPLETELY MEET YOUR EXPECTATIONS AND REQUIREMENTS; (ii) THE WEBSITE WILL BE ERROR-FREE, 100% SECURE, UNINTERRUPTED, AND ALWAYS TIMELY; (iii) THE OPERATIONS AND RESULTS OBTAINED FROM THE WEBSITE’S SERVICES WILL ALWAYS BE RELIABLE AND ACCURATE; (iv) THE QUALITY OF THE RESULTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIAL ACQUIRED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY INACCURACIES AND ERRORS IN THE CONTENT WILL BE FIXED OR CORRECTED.

f. ANY CONTENT THAT YOU PROCURED FROM THE WEBSITE IS OBTAINED AT YOUR OWN RISK AND DISCRETION. IF THE CONTENT RESULTS TO DAMAGE OR DATA LOSS TO YOUR COMPUTER SYSTEM OR DEVICE, YOU ARE SOLELY RESPONSIBLE FOR IT.

g. THE ONLY REMEDY TO YOUR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE THE USE OF OUR WEBSITE. THIS IS YOUR SOLE AND EXCLUSIVE RIGHT. WITHOUT LIMITING THE AFOREMENTIONED, IN NO INSTANCE WHERE OUR MAXIMUM LIABILITY ARISING FROM OR IN RELATION TO THE USE OF OUR WEBSITES EXCEED $100 (ONE HUNDRED DOLLARS).

14. Legal Disputes

a. To the full extent allowed by the law, these Terms as well as any claims, causes of action, or disputes that may come into being between you and us, are regulated by the laws of Anguilla without considering the conflict of law provisions. FOR ANY ASSERTIONS AND CLAIMS BROUGHT BY YOU AGAINST US, YOU AGREE TO DEFER AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN ANGUILLA. FOR ANY ASSERTIONS AND CLAIMS BROUGHT BY YOU AGAINST US, YOU AGREE TO DEFER AND CONSENT TO THE PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN ANGUILLA AND ANYWHERE ELSE YOU MAY BE FOUND. You, by means of this, waive any of your rights to look for another venue because of an inconvenient and improper setting.

b. YOU ALSO AGREE THAT YOU MAY ONLY SERVE AND BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS SUIT OR REPRESENTATIVE ACTION.

c. You hereby acknowledge that as part of the consideration of these Terms, you are herewith waiving any right you may have to a trial in front of a jury for any conflict between you and us that results from or in relation to the use of the website and these Terms. This provision shall be enforceable even in the event that any arbitration provisions or any other type of provisions of this section are waived.

15. General Terms

a. These Terms, as modified and amended on occasion, comprise the entire agreement between you and us and override all previous agreements between you and us and may not be altered without our written consent.

b. Our failure or oversight in enforcing any provision of these Terms shall not be construed as waiver of our right or any provision.

c. You hereby acknowledge that as part of the consideration of these Terms, you are herewith waiving any right you may have to a trial in front of a jury for any conflict between you and us that results from or in relation to the use of the website and these Terms. This provision shall be enforceable even in the event that any arbitration provisions or any other type of provisions of this section are waived.

d. Nothing in these Terms is intended or regarded to bestow rights of remedies upon any third party.

e. These Terms are not transferable, sub-licenseable, and assignable by you with the exception of our prior written consent, but may be transferred or assigned only by us without limitation or restriction.

f. You agree and consent that we may provide you with announcements and notices through postings on the website, email, or regular mail.

g. The section titles of these Terms are for the purpose of easy understanding and does not bear any legal or contractual effect.

h. The term “including” in these Terms is for explanatory purposes, and is therefore illustrative and not restrictive.

i. If this agreement is translated into another language and results in an otherwise unclear or conflicting version, the English version shall take control.

16. Contract

a. For any of your complaints, questions, and clarifications regarding the services offered by MP3download.to, please send them to [email protected]