These Terms of Service (the "Agreement") set forth the terms and conditions upon which ConvertMyTube.com ("we" or "our company") makes available its file conversion services ("Services") to you ("Customer" or "You"). For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; Your use of the Services is expressly conditioned on your compliance with these Terms of Service. By clicking, accessing or using the Services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that ConvertMyTube.com may revise these Terms of Service from time to time. By continuing to access or use the Services after ConvertMyTube.com makes any such revision, you agree to be bound by the revised Terms of Service.
1. Description of services
The Services provide a user the ability to transform a file (a "User File") or multiple files ("User Files") from their original file format to a user-selected file format. The Services operate by storing the uploaded User File(s) on a ConvertMyTube.com server, converting it/them into a new file format ("Converted File(s)") and then sending to the recipient an email that contains a link to the Converted File(s). The recipient can then access and download the Converted File(s) by clicking on the link. You acknowledge and agree that ConvertMyTube.com may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that a user may upload through the Services, the maximum size of the files that a user may convert through the Services, the maximum number of hours or days that a file will be stored by the Services, and the maximum number of times a user may access the Services in a given period of time. ConvertMyTube.com reserves the right to change or discontinue any of the Services at any time.
2. Responsibility for Data
You have sole responsibility for all User Files and Converted Files that you store on ConvertMyTube.com servers through use of the Services. You acknowledge and agree that ConvertMyTube.com will not be responsible for any failure of the Services to convert a User File or store a User File or Converted File. You acknowledge and agree that ConvertMyTube.com will not be responsible for the deletion of a User File or Converted File stored on the Services, or for the corruption of or loss of any data, information or content contained in a User File or Converted File. You bear full responsibility for archiving your data and sole liability for any lost or irrecoverable data.
4. Copyright Policy
ConvertMyTube.com respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder’s rights. You agree to comply with the terms of ConvertMyTube.com’s Copyright Policy.
5. Proprietary Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of ConvertMyTube.com. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by ConvertMyTube.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by ConvertMyTube.com and/or its Third Party Providers.
ConvertMyTube.com, the ConvertMyTube.com logo, and all other ConvertMyTube.com trademarks, service marks, product names, and trade names of ConvertMyTube.com appearing on the Services are owned by ConvertMyTube.com. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner’s prior written consent.
7. General Prohibitions
As a condition to your use of the Services, you agree not to: * Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons * Access, tamper with, or use any non-public areas of the Services or ConvertMyTube.com’s computer systems or the technical delivery systems of ConvertMyTube.com’s providers; * Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures; * Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; * Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or * Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on ConvertMyTube.com servers. * Impersonate or misrepresent your affiliation with any person or entity. ConvertMyTube.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. ConvertMyTube.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that ConvertMyTube.com has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
The Services may make available links to third-party websites. You acknowledge and agree that ConvertMyTube.com is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by ConvertMyTube.com of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ConvertMyTube.com EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ConvertMyTube.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ConvertMyTube.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You agree to defend, indemnify, and hold harmless ConvertMyTube.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other ConvertMyTube.com.
12. Limitation of Liability
Your use of ConvertMyTube.com is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that ConvertMyTube.com shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
ConvertMyTube.com may provide you with notices, including those regarding changes to the Services by postings on the Services.
The failure of ConvertMyTube.com to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
* 15.1 Relationship Customer and ConvertMyTube.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. * 15.2 Assignment Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void. * 15.3 Force Majeure Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond ConvertMyTube.com’s control. * 15.4 ConvertMyTube.com Confidential Information You represent and warrant to ConvertMyTube.com that (a) you are not a competitor of ConvertMyTube.com, (b) you shall keep publicly unannounced information and materials pertaining to ConvertMyTube.com, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the ConvertMyTube.com Web site or use of the ConvertMyTube.com Services to compete with ConvertMyTube.com in its business.
16. Entire Agreement
These Terms of Service are the entire and exclusive agreement between ConvertMyTube.com and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between ConvertMyTube.com and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ConvertMyTube.com services, affiliate services or third-party content software or services. Please be aware that ConvertMyTube.com reserves the right to cancel any transmission they find in violation of any of the above policies.