This agreement outlines the terms and conditions ("Terms") under which wetik will offer you its services, including, but not limited to, the websites indicated above (referred to as the "Website" collectively). You and we have a contract that is made up of these Terms. You acknowledge that you have read, understand, and agree to be bound by these Terms by visiting, accessing, using, and/or participating in (collectively, "using") the Website. The words "you" or "your" as they are used in this document refer to you, any entity you represent, your or their representatives, successors, assignee, and affiliates, as well as any devices you or they may own. Navigate away from the Website and stop using it if you do not agree to be bound by these terms.
a. The consideration for your acceptance of these Terms is that we are providing you the Grant of Use to use the Website pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received the consideration.
a. We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the "Content") (subject to the restrictions of the Website) on your computer or mobile device consistent with these Terms. You may only access and use the Website for your personal and noncommercial use.
b. This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Website, and/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 said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
a. The Content on the Website, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively "Proprietary Materials"), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
b. Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
a. You are entirely responsible for any and all materials you upload, submit, transmit, create, modify or otherwise make available via the Website, including any sound files that 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.
b.Any and all of your own User Submissions are your entire responsibility, as are any and all effects of uploading, submitting, editing, transferring, generating, or otherwise making the User Submissions available. For each and every one of your user submissions, you guarantee, affirm, and represent that:
All trademarks, copyrights, trade secrets, and other proprietary rights in and to User Submissions are yours, or you have the licenses, permissions, rights, or consents necessary to use them, and you have authorized us to use them for any use contemplated by the Website and these Terms. You will not post, or permit anyone else to post, any material that depicts any sexually explicit acts.
In order to use the name and/or likeness of each and every identifiable individual in the User Submission to enable use of the User Submission for any and all uses contemplated by the Websites and these Terms, you have written consent, release, and/or permission from each and every identifiable individual.
c.You also agree not to post, contribute, create, transmit, change, or otherwise make material available that:
unless you are the owner of such rights or have express permission from the rightful owner to submit the material and to grant us all of the license rights granted herein, is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights.
As determined by us in our sole discretion, is offensive, vulgar, illegal, defamatory, fraudulent, libelous, hurtful, harassing, abusive, threatening, invading someone's right to privacy or publicity, hateful, racially or ethnically insulting, inflammatory, or otherwise inappropriate.
Promotes or depicts acts of animal cruelty, promotes or depicts unlawful activity, or portrays any of these; impersonates another person or entity or otherwise represents you in a deceptive or misleading manner, including by creating a fictitious identity.Would constitute, incite, or provide instructions for a crime, a violation of someone's rights, or otherwise put someone in danger or violate municipal, state, national, or international law.
is "spam" or any other type of solicitation that is uninvited or unapproved.
d. We claim no ownership or control over User Submissions or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Website and these Terms. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
e. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the 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 will not infringe upon any other party's rights or your contractual obligations to other parties.
f. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
g. Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney's fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
a. You understand and acknowledge that, when 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 through automated or other means (collectively, "Third Party Content") 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 otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
b. We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.
c. You understand and acknowledge that we assume no responsibility whatsoever for monitoring 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, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).
d. Without limiting the provisions below on 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 information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
e. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
a. You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.
b. You hereby expressly authorize us to monitor, record and log any of your activities on the Website.
c. As a condition of your use of the Website:
You acknowledge that these Terms forbid any unlawful or otherwise improper use of the Website.
All applicable local, state, federal, and international laws and regulations will be followed by you.
You acknowledge that you won't use the Website in any way that would put us in danger of legal trouble.
You acknowledge that all actions and inactions resulting from your use of the Website are totally your responsibility.
You acknowledge that all User Submissions submitted by you to the Website are your property and that you have the right to submit them to us and use them on or via the Website.
You consent to not downloading, monitoring, or using data or Content from the Website using any automatic means, such as robots, crawlers, or data mining tools.
You hereby undertake not to take any action that places an unreasonable or disproportionately large load on our technical infrastructure or places other unreasonably high demands on it, as determined in our sole discretion.
On the Website or elsewhere, you promise not to "stalk" or otherwise harass anyone.
You consent to not alter identifiers or forge headers in any other way to conceal the source of any information you communicate.
You undertake not to alter, deactivate, or otherwise interfere with any security-related aspects of the Website, or any measures that restrict or prohibit the use or duplication of any content, or that impose usage restrictions on the Website or its contents.
You consent to not upload, link to, or otherwise make accessible on the Website any content that contains computer code, files, or programs that are intended to disrupt, damage, limit, or spy on the operation of any computer software or hardware or any telecommunications equipment.You undertake not to grant any third party a license, sublicense, sale, resale, transfer, assignment, or other form of commercial exploitation of the Website or any Content.
You consent to not erect anything over any part of the website or the services provided therein.
You acknowledge that you will not "frame" or "mirror" the Website.
You hereby agree not to attempt to reverse-engineer the Website in any way.
d. We reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal and injunctive redress and the 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.
e. In addition to termination of the grant of use of the Website, any violation of this Agreement, including the provisions of this Section 6, shall subject you to liquidated damages of ten thousand dollars ($10,000) for each violation. In the event that your violation results in legal action (whether against you or against us by any party) or physical or emotional harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Dollars ($150,000) for each violation. We may, in our discretion, assign any such damage claim or portion thereof to a third party that has been wronged by your conduct. These liquidated damages provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the amount of actual damage that could occur from such a violation. You acknowledge and agree that the amount of these liquidated damages is a minimum and that if actual damages are greater you shall be liable for the greater amount. If a court of competent jurisdiction finds that these liquidated damages are unenforceable to any extent, then the liquidated damages shall be lowered only by the extent necessary for them to be enforceable.
a. You acknowledge that the Website is a general-purpose search engine and tool. Specifically, but without limitation, the Website allows you to search multiple websites for music and videos. Moreover, the Website is a general-purpose tool that allows you to download audio files from videos and audio from elsewhere on the Internet.
The Website may only be used in accordance with law. We do not encourage, condone, induce or allow any use of the Website that may be in violation of any law.
b. We do not store any User Submissions for anything longer than a transitory period of time to give users chance to download their content.
a. 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 because of a breach of these Terms, you shall not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Website and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
a. We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Website if you submit any such Content.
b. REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE WEBSITE TERMINATED.
c. Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Website, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be sent from our contact page (first page - footer).
d. All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work.
Identification of the material that is believed to be infringing and its location or, for search results, identification of the reference or link to material or activity claimed to be infringing. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Website or on the Internet.
Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address.
A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law.
A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed.
A physical or electronic signature from the copyright holder or an authorized representative.
e. If your User Submission or a search result to your website is removed pursuant to a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our above listed agent and satisfactory to us that includes substantially the following:
Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided, Germany and the location(s) in which the purported copyright owner is located.
A statement that you will accept service of process from the purported copyright owner or its agent.
a. We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments. 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 THEM.
a. You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney's fees, arising from your use of the Website and/or from your breach of these Terms.
b. In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
a. READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (BUT NO FURTHER).
b. The Website may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. We have no right or ability to edit the content of any third party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites.
c. The Website is provided "AS-IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for 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 be limited insofar as they relate to such implied warranties.
d. UNDER NO CIRCUMSTANCES SHALL 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 YOUR USE OF THE WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE 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 DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF 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, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU OR BE LIMITED.
e. 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 YOUR 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 CONTENT WILL BE CORRECTED.
f. 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.
g. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES EXCEED $100.
a. To the maximum 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 THE Germany 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 IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN THE Germany. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT AND CONSENT TO PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN THE Germany AND ANYWHERE ELSE YOU CAN BE FOUND. You hereby waive any right to seek another venue because of improper or inconvenient forum.
b. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
c. You hereby agree that as part of the consideration for these terms, you are hereby waiving any right you may have to a trial by jury for any dispute between the us arising from or relating to these terms or the Website. This provision shall be enforceable even in the case that any arbitration provisions or any other provisions of this section are waived.
All past agreements between you and us are superseded by these Terms, which, as revised from time to time, represent the complete agreement between you and us. These Terms cannot be changed without our express permission.
Any condition or right that we fail to enforce under these Terms will not be considered waived by us.
According to applicable law, if any part of these Terms is found to be invalid or unenforceable, the remaining portions of the agreement will still be valid. The invalid and unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the original provision's intent.
Nothing in this document is meant to grant anybody else rights or remedies, and nothing will be interpreted to do so.
Except with our prior written agreement, you may not assign, transfer, or sublicense these Terms; however, we may do so without restriction.
You consent to receiving alerts from us via email, normal mail, or website postings.
The section headings in these Terms are purely for your convenience and have no bearing on your rights or obligations.
The term "including" as used in these Terms is illustrative and not restrictive.
If there is a discrepancy between the translation and the English version of this agreement after it has been translated and performed in a language other than English, the English version shall take precedence.
Users are in charge of the content they use with (and the links they paste). Copyright Issue wetik abides by copyright laws and regulations and respects users' copyrights.
Users are accountable for the content they use on the wetik app and website (or the URL they paste).
In order to further their legitimate interests, wetik helps Users download information and content they paste on the wetik app and website.
We only show content that users have uploaded "as is" on service or social network providers' websites, pages, or networks. Users are in charge of confirming their legal eligibility under applicable laws and the protection of their own intellectual property rights in regard to posted content.
Users may only use the video they get from the wetik app or website for free, non-commercial purposes.
Although wetik cannot and is not required to verify the legality of each piece of content, it will prohibit users from using the wetik app, website, and other products and services if it finds any violations. User content is not backed up or archived by wetik for any reason.
We appreciate you informing us of any suspected abuse, misrepresentation, unauthorized use, infringement, or non-compliance so that we can handle it appropriately.
We permit Users to swiftly download one copy of the Content and Materials (as described above) from the wetik App and Web for only private, non-commercial viewing purposes. This is a license grant, not a title transfer, and the terms of this license prohibit the following. Use the Content and Materials for any commercial purpose or for any public exhibition (commercial or non-commercial); Alter, alter, distribute, or copy the Materials; Remove all copyright and other property notices from the content and materials. Transfer the content and materials to another person or "mirror" them on another server.