Please read these terms and conditions of use carefully before using our websites.
This document sets forth the terms and conditions ("Terms") upon which mimp3gratis.org ("we" or "us") will provide services to you on its websites, including, but not limited to, the aforementioned websites (collectively, the " Website"). "). These terms constitute a contractual agreement between you and us. By visiting, accessing, using and/or joining (collectively "using") the website, you signify your understanding and acceptance of these Terms. As used in this document, the terms "you" or "your" refer to you, any entity you represent, your representatives, successors, assigns and affiliates, and any of your devices. If you do not agree to be bound by these Terms,
You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18), 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.
Consideration of your acceptance of these Terms is that we provide you with the Use Grant to use the Website in accordance with Section 2 hereof. You acknowledge and agree that this consideration is appropriate and that you have received the consideration.
2 Concession of use
We grant you a non-exclusive, non-transferable, limited right to access, not publicly display and use the Website, including all content available on it (the "Content") (subject to Website restrictions) on your computer or mobile device. consistent with these Terms. You may only access and use the Website for your personal, non-commercial use.
This grant may be terminated by us for any reason at our sole discretion, with or without notice. Upon termination, we may, but shall not be required to: (i) delete or deactivate your account, (ii) block your email and/or IP addresses or otherwise terminate your use and ability to use the Website, and/or or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website after such termination. Upon termination, the grant of your right to use the Website will terminate, but all other parts of these Terms will survive. You acknowledge that we are not liable to you or any third party for termination of your use grant.
3 Intellectual Property
Website Content, excluding User Submissions and Third Party Content (defined below), but including other text, graphic images, photographs, music, videos, software, scripts, and trademarks, service marks, and logos contained on it (collectively, "Proprietary Materials"), are owned by or licensed to us. All proprietary materials are subject to copyright, trademark, and/or other rights under the laws of applicable jurisdictions, including national laws, foreign laws, and international conventions. We reserve all of our rights to our Proprietary Materials.
Except as otherwise expressly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works from, or in any other way exploit, in whole or in part, any Content.
4 User Submissions
You are entirely responsible for any and all materials you upload, submit, transmit, create, modify or otherwise make available through the Website, including any sound files you create, modify, transmit or download through the Website. (collectively, "User Submissions"). ) User submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
You will be solely responsible for any and all of your User Submissions and for all consequences of uploading, submitting, modifying, transmitting, creating or making available User Submissions. For any and all of your User Submissions, you affirm, represent and warrant that:
- You own or possess any necessary licenses, permissions, rights or consents to use and to authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Website and these Terms.
- You will not post or allow anyone else to post any material that depicts sexually explicit acts.
- You have written consent, release and/or permission of each identifiable person in the User Submission to use the name and/or likeness of each identifiable person to enable the use of the User Submission for all uses contemplated by the websites and these terms
We claim that we do not own or control User Submissions or Third Party Content. You or a third party licensor, as applicable, retain all copyrights in the User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, non-cancellable, sublicensable license to reproduce, publicly display, publicly display, distribute, adapt, modify, publish, translate, create derivative works from, and otherwise exploit the User Submissions for any purpose, including, without limitation, purposes contemplated by the Website and these Terms.
You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you have title to the User Submissions, that you have the right to upload, modify, access, transmit, create or otherwise make available the User Submissions on the Website, and that uploading the User Submissions user will not be performed. Violate the rights of any other party or your contractual obligations with other parties.
You acknowledge that we may, in our sole discretion, refuse to post, remove, or block access to any User Submission for any or no reason, with or without notice.
Without limiting the other indemnification provisions herein, you agree to defend us against any claim, suit, demand or proceeding made or brought against us by any third party alleging that your User Submissions or your use of the Website in violation of these Terms violates or misappropriates the intellectual property rights of any third party or violates applicable law and you will indemnify us for all damages against us and for reasonable attorneys' fees and other costs incurred by us in connection with any such claim, suit, demand or procedure.
5. Content on the website
You understand and acknowledge that by using the Website, you will be exposed to content from a variety of sources, including content made available on the Website by other users, services, parties, and by automated or other means (collectively, "Content"). of third parties"). ) 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 that may harm your computer systems and, without limiting the other disclaimer provisions of this document, you agree to waive and waive this document. , any legal or equitable rights or remedies you may have against us in respect of this.
We do not claim ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and are responsible for protecting their rights as appropriate.
You understand and acknowledge that we do not assume any responsibility for the control of the website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, we have no obligation to modify or remove such content (including User Submissions and Third Party Content), and we undertake no liability for the conduct of others who submit such content (including user submissions and third-party content).
Without limiting the provisions below regarding limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Website is provided to you "AS IS" for your personal information and use only and is not you must 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 post, remove, or block access to any Content for any or no reason, with or without notice.
6. User conduct
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 User Submissions to us, and ( iii) perform the acts required of you under these Terms.
You hereby expressly authorize us to monitor, record and record any of your activities on the Website.
As a condition of your use of the website:
- You agree not to use the Website for any illegal purpose or in any way that is 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 exposes us to criminal or civil liability;
- You agree that you are solely responsible for all acts or omissions that occur as a result of your use of the Website;
- You agree that all of your User Submissions belong to you and that you have the right and authority to provide and make use of them on or through the Website;
- You agree not to use any automated means, including robots, crawlers, or data mining tools, to download, monitor, or use any data or content from the Website;
- You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or that otherwise places undue demand;
- 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 transmit;
- You agree not to disable, circumvent or interfere with security-related features of the Website or functions that prevent or restrict the use or copying of any content or enforce limitations on 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 interrupt, destroy, limit, or control the functionality of any software or hardware or any telecommunications equipment;
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or in any other way commercially exploit or make available the Website or any Content to any third party;
- You agree not to "frame" or "mirror" the Website; Y
- You agree not to reverse engineer any part of the Website.
We reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal, and judicial redress and termination of any user's use of the Website. Any use of the Website and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws.
In addition to termination of the Website use grant, any violation of this Agreement, including the provisions of this Section 6, will subject you to damages of Ten Thousand Dollars ($10,000) for each violation. In the event your violation results in legal action (either against you or us by any party) or physical or emotional harm to either party, you will be subject to damages of One Hundred Fifty Thousand Dollars ($150,000) per every violation. We may, at our discretion, assign any claim for damages or part thereof to a third party who has been harmed by your conduct. These liquidated damages provisions are not a penalty, but rather an attempt by the Parties to reasonably determine the amount of actual damage that could occur from such violation. You acknowledge and agree that the amount of these liquidated damages is minimal and that if the actual damages are greater, you will be responsible for the greater amount. If a court of competent jurisdiction finds these liquidated damages to be unenforceable to some extent, the liquidated damages will be reduced only to the extent necessary to make them enforceable.
7. Services on the website
You acknowledge that the Website is a general purpose search engine and tool. Specifically, but without limitation, the Website allows you to search for music on multiple websites. Also, the website is a general purpose tool that allows you to download video and audio files from anywhere on the Internet. The website may only be used in accordance with the law. We do not encourage, condone, induce or permit any use of the Website that may violate any law.
We do not store any user submissions for longer than a transitional period for users to download your content.
You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time in our sole discretion. If at any time we terminate your rights to use the Website due to a breach of these Terms, you will not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by any additional rules, terms, conditions or agreements posted on the Website and/or imposed by any sales agent or payment processing company, as may be modified from time to time.
10. Copyright Claims
We respect the intellectual property rights of others. You may not infringe the copyright, trademark, or other proprietary information rights of any party. We may, in our sole discretion, remove any Content that we have reason to believe violates any of the intellectual property rights of third parties and may terminate your use of the Website if you submit such Content.
REPEAT INFRINGER'S POLICY. AS PART OF OUR REPEAT VIOLATION POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD FAITH AND EFFECTIVE REPORTS WITHIN ANY CONTIGUOUS SIX MONTH PERIOD WILL HAVE THEIR WEBSITE VOUCHER TERMINATED.
11. Modification of these terms
We reserve the right to modify these Terms at any time by posting such modified Terms on the Website. No further notice of any amendment can be made to you. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ IT.
12. Indemnification and release
You hereby agree to indemnify and hold us harmless from any and all damages and third party claims and expenses, including attorneys' fees, arising from your use of the Website and/or your breach of these Terms.
In the event that you have a dispute with one of the other users or third parties, you hereby release us, our officers, employees, agents and successors in title from claims, demands and damages (actual and consequential) of any kind. or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or the Website.
13. Disclaimer of warranties and limitations of liability
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (BUT NOT MORE).
The Website may contain links to third party websites that are independent of us. We are not responsible for the content, privacy policies, or practices of, nor do we represent or warrant the accuracy, completeness, or authenticity of any information contained on third-party websites. We have no right or ability to edit the content of third party websites. You acknowledge that we will not be responsible for any liability arising from your use of third party websites.
The website is provided "AS IS" and without any warranty or condition, express, implied or statutory. Specifically, we disclaim to the fullest extent possible the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of information, integration, interoperability, or quiet enjoyment. We disclaim any warranty against viruses or other harmful components in connection with the Websites. Some jurisdictions do not allow the disclaimer of implied warranties, therefore, in such jurisdictions, some of the foregoing disclaimers may not apply to you or may be limited insofar as they relate to such implied warranties.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF THE USE OF THE WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISING FROM FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUATION OF THE WEBSITE OR (iv) TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED FROM ANY OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS,
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 THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY OTHER CLAIM SHALL BE TERMINATION OF YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM LIABILITY OF US ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES EXCEED $100.
14. Legal disputes
To the fullest extent permitted by law, these Terms, as well as any claim, cause of action or dispute that may arise between you and us, are governed by the laws of Anguilla, without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND EXCLUSIVE ACCOMMODATION OF THE COURTS IN ANGUILLA. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO INTRODUCE AND ACCEPT PERSONAL JURISDICTION IN THE PLACE OF COURTS IN ANGUILLA AND WHEREVER THEY MAY BE FOUND. You hereby waive any right to search elsewhere due to an inappropriate or inconvenient forum.
YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR PROPOSED REPRESENTATIVE ACTION.
You hereby agree that, as part of your consideration of these terms, you waive any rights you may have to a trial by jury for any dispute between the United States arising out of or relating to these terms or the Website. This provision will be enforceable even in the event that the arbitration provisions or any other provision of this section does not apply.
15. General terms
These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us, and may not be modified without our written consent.
Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
If any part of these Terms is found to be invalid or unenforceable under applicable law, the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that more closely matches the intent of the original provision and the remainder of the agreement. . will continue in effect.
Nothing contained herein is intended to, nor shall it be deemed, to confer any rights or remedies on any third party.
These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent, but may be assigned or transferred by us without restriction.
You agree that we may provide you with notices by email, regular mail or postings on the Website.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
As used in these Terms, the term "include" is illustrative and not 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 control.